BILL NUMBER: SB 679 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Johnston
FEBRUARY 24, 1999
An act to amend Section 51020 42247
of the Education Code, relating to elementary and secondary education
, and declaring the urgency thereof, to take effect immediately
.
LEGISLATIVE COUNSEL'S DIGEST
SB 679, as amended, Johnston. Elementary and secondary education:
goals desegregation costs .
Existing law authorizes the reimbursement of a school district for
the amount necessary to pay any costs mandated by the courts.
Existing law authorizes the governing board of any school district
that maintains a program designed to remedy the harmful effects of
racial segregation that originated under a court mandate to submit a
claim for reimbursement to the Controller for costs of the program.
This bill would require the Controller to propose to the
Legislature on or before November 1, 1999, a method for appropriately
reimbursing school districts for the cost of magnet school programs
ordered by a court pursuant to a desegregation program that
originated under a court mandate and were previously reimbursed
through a federal grant.
The bill would declare that it is to take effect immediately as an
urgency statute.
Under existing law, in programs for elementary and secondary
education "goal" means a statement of broad direction or intent that
is general and timeless and is not concerned with a particular
achievement within a specified time period.
This bill would make a technical, nonsubstantive change to this
provision.
Vote: majority 2/3 .
Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51020 of the Education Code is
SECTION 1. Section 42247 of the Education Code is amended to read:
42247. (a) Notwithstanding any other provision of law,
reimbursements authorized by Sections 42243.9 and 42249 for
desegregation costs incurred in the 1985-86 fiscal year, and each
fiscal year thereafter, shall not exceed the following amounts:
(1) For desegregation programs operating pursuant to a final court
order issued prior to the effective date of this section, or January
1, 1986, as appropriate, the amount calculated pursuant to Section
42247.3.
(2) For desegregation programs initiated after the 1984-85 fiscal
year, the amount in excess of one-fifth of the audited costs approved
by the Controller for the first full year of operation, adjusted
pursuant to Section 42247.2, provided that the school district has
contributed in the prior fiscal year not less than one-fifth of the
audited costs approved by the Controller for that fiscal year. For
purposes of this paragraph, desegregation programs initiated after
the 1984-85 fiscal year shall not include expansion of desegregation
activities by school districts that were reimbursed pursuant to
Section 42249 for desegregation costs incurred during the 1984-85
fiscal year, except as otherwise provided by Section 42247.2.
(3) For all other desegregation programs, the amount in excess of
one-fifth of the audited desegregation costs approved by the
Controller and incurred in the 1984-85 fiscal year, adjusted pursuant
to Section 42247.2, provided that the school district has
contributed in the prior fiscal year not less than one-fifth of the
audited costs approved by the Controller for that fiscal year.
(b) Claims for reimbursement of desegregation program costs shall
be subject to audit by the Controller to determine all of the
following:
(1) That the costs and programs are for purposes of desegregation
or alleviation of the harmful effects of racial segregation, as
provided in the plan submitted by the district pursuant to Section
42247.1.
(2) That the costs are costs in excess of the district's
expenditure levels for regular educational programs.
(3) That the costs are neither excessive nor unreasonable.
(c) School districts shall subject any claim for the reimbursement
of actual desegregation program costs to audit in accordance with
the standards and procedures established pursuant to subdivision (b)
of Section 42246. Each claim for the payment of actual costs
submitted to the Controller shall be accompanied by the audit any
related reports issued by the entity performing the audit, unless the
school district contracts with the Controller for the performance of
the audit. This subdivision is not intended to require that
estimated current year claims be subjected to audit prior to
submission to the Controller.
(d) Claims for reimbursement of desegregation program costs shall
not include costs for school construction, reconstruction,
replacement of facilities, purchase of facilities, purchase of land,
or modernization of facilities.
(e) Notwithstanding any other provision of law, it is the intent
of the Legislature to enact Legislation that would make an
appropriation to reimburse school districts for the full cost of
magnet school programs ordered by a court pursuant to a desegregation
program that originated under a court mandate and were previously
reimbursed through a federal grant.
SEC. 2. In accordance with the intent of the Legislature expressed
in subdivision (e) of Section 42247 of the Education Code, the
Controller shall, on or before November 1, 1999, propose to the
Legislature a method for appropriately reimbursing school districts
for the cost of magnet school programs ordered by a court pursuant to
a desegregation program that originated under a court mandate and
were previously reimbursed through a federal grant. The proposed
method should optimize the continued delivery of the educational
program with the least disruption possible.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the uninterrupted continuation of court-ordered
magnet programs, it is necessary that this act take effect
immediately. amended to read:
51020. "Goal" means a statement of broad direction or intent that
is general and timeless and is not concerned with a particular
achievement within a specified time period.