Bill Text: CA SB91 | 2013-2014 | Regular Session | Chaptered
Bill Title: School finance.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2013-07-01 - Chaptered by Secretary of State. Chapter 49, Statutes of 2013. [SB91 Detail]
Download: California-2013-SB91-Chaptered.html
BILL NUMBER: SB 91 CHAPTERED
BILL TEXT
CHAPTER 49
FILED WITH SECRETARY OF STATE JULY 1, 2013
APPROVED BY GOVERNOR JULY 1, 2013
PASSED THE SENATE JUNE 24, 2013
PASSED THE ASSEMBLY JUNE 20, 2013
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act to amend Sections 2575, 42238.02, and 42238.03 of the
Education Code, and to amend Item 6110-106-0001 of Section 2.00 of
the Budget Act of 2013, relating to school finance, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 91, Committee on Budget and Fiscal Review. School finance.
(1) Assembly Bill 97 of the 2013-14 Regular Session, if enacted,
would require state funding for county superintendents of schools and
school districts, and charter schools that previously received a
general-purpose entitlement, to be calculated pursuant to a local
control funding formula, as specified. Assembly Bill 97 of the
2013-14 Regular Session (A) would require the state funding
apportioned to school districts and charter schools to be based on a
base grant, as specified, (B) would require, among other things, the
base grant for grades 9 to 12, inclusive, to be adjusted by an
additional 2.6%, as adjusted for inflation, and (C) would require the
2.6% base grant adjustment to be used on pupils enrolled in grades 9
to 12, inclusive, for any purposes or programs that support a school
district or charter school in achieving its goals for college and
career readiness, as specified.
This bill would, contingent on the enactment of Assembly Bill 97
of the 2013-14 Regular Session, delete the requirement that the 2.6%
base grant adjustment be used on pupils enrolled in grades 9 to 12,
inclusive, for any purposes or programs that support a school
district or charter school in achieving its goals for college and
career readiness. The bill would also make nonsubstantive changes to
provisions related to the local control funding formula.
(2) Assembly Bill 110 of the 2013-14 Regular Session, also known
as the Budget Act of 2013, would, if enacted, appropriate $10,000,000
to Section A of the State School Fund for the support of the
California Local Control Accountability Support Network.
This bill would instead, contingent on the enactment of Assembly
Bill 97 of the 2013-14 Regular Session, discussed above, appropriate
the $10,000,000 for support of the California Collaborative for
Educational Excellence. By authorizing funds appropriated to a
continuously appropriated fund to be used for a different purpose,
the bill would make an appropriation.
(3) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(4) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2575 of the Education Code, as added by
Assembly Bill 97 of the 2013-14 Regular Session, is amended to read:
2575. (a) Commencing with the 2013-14 budget year and for each
fiscal year thereafter, the Superintendent shall calculate a base
entitlement for the transition to the county local control funding
formula for each county office of education based on the sum of the
amounts computed pursuant to paragraphs (1) to (3), inclusive:
(1) Revenue limits in the 2012-13 fiscal year pursuant to Article
3 (commencing with Section 2550) of Chapter 12, as that article read
on January 1, 2013, adjusted only for changes in average daily
attendance claimed by the county superintendent of schools for pupils
identified in clauses (i), (ii), and (iii) of subparagraph (A) of
paragraph (4) of subdivision (c) of Section 2574 and for pupils
attending juvenile court schools. All other average daily attendance
claimed by the county superintendent of schools and any other average
daily attendance used for purposes of calculating revenue limits
pursuant to Article 3 (commencing with Section 2550) of Chapter 12,
as that article read on January 1, 2013, shall be considered final
for purposes of this section as of the annual apportionment for the
2012-13 fiscal year, as calculated for purposes of the certification
required on or before February 20, 2014, pursuant to Section 41332.
(2) The sum of both of the following:
(A) The amount of funding received from appropriations contained
in Section 2.00 of the Budget Act of 2012, as adjusted by Section
12.42, in the following items: 6110-104-0001, 6110-105-0001,
6110-107-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001,
6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001,
6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001,
6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001,
6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001,
6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-234-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
6110-268-0001, and 6360-101-0001, 2012-13 fiscal year funding for the
Class Size Reduction Program pursuant to Chapter 6.10 (commencing
with Section 52120) of Part 28 of Division 4 of Title 2, as it read
on January 1, 2013, and 2012-13 fiscal year funding for pupils
enrolled in community day schools who are mandatorily expelled
pursuant to subdivision (c) of Section 48915.
(B) The amount of local revenues used to support a regional
occupational center or program established and maintained by a county
superintendent of schools pursuant to Section 52301.
(3) For the 2014-15 fiscal year and for each fiscal year
thereafter, the sum of the amounts apportioned to the county office
of education pursuant to subdivision (f) in all prior years.
(b) The Superintendent shall annually compute a county local
control funding formula transition adjustment for each county
superintendent of schools as follows:
(1) Subtract the amount computed pursuant to subdivision (a) from
the amount computed pursuant to subdivision (e) of Section 2574. A
difference of less than zero shall be deemed to be zero.
(2) Divide the difference for each county superintendent of
schools calculated pursuant to paragraph (1) by the total sum of the
differences for all county superintendents of schools calculated
pursuant to paragraph (1).
(3) Multiply the proportion calculated for each county office of
education pursuant to paragraph (2) by the amount of funding
specifically appropriated for purposes of subdivision (f). The amount
calculated shall not exceed the difference for the county
superintendent of schools calculated pursuant to paragraph (1).
(c) The Superintendent shall subtract from the amount calculated
pursuant to subdivision (a) the sum of each of the following:
(1) Local property tax revenues received pursuant to Section 2573
in the then current fiscal year.
(2) Any amounts that the county superintendent of schools was
required to maintain as restricted and not available for expenditure
in the 1978-79 fiscal year as specified in the second paragraph of
subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978,
as amended by Chapter 51 of the Statutes of 1979.
(3) The amount received pursuant to subparagraph (C) of paragraph
(3) of subdivision (a) of Section 33607.5 of the Health and Safety
Code that is considered property taxes pursuant to that section.
(4) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, and 34188 of the Health and Safety Code.
(5) The amount, if any, received pursuant to subparagraph (B) of
paragraph (3) of subdivision (e) of Section 36 of Article XIII of the
California Constitution.
(d) The Superintendent shall subtract from the amount computed
pursuant to subdivision (e) of Section 2574 the sum of the amounts
computed pursuant to paragraphs (1) to (5), inclusive, of subdivision
(c).
(e) The Superintendent shall annually apportion to each county
superintendent of schools the amount calculated pursuant to
subdivision (c) unless the amount computed pursuant to subdivision
(c) is negative. If the amount computed is negative, except as
provided in subdivision (f), an amount of property tax of the county
superintendent of schools equal to the negative amount shall be
deemed restricted and not available for expenditure during the fiscal
year. In the following fiscal year, that amount, excluding any
amount of funds used for purposes of subdivision (f), shall be
considered restricted local property tax revenue for purposes of
subdivision (a) of Section 2578. State aid shall not be apportioned
to the county superintendent of schools pursuant to this subdivision
if the amount computed pursuant to subdivision (c) is negative.
(f) (1) The Superintendent shall apportion, from an appropriation
specifically made for this purpose, the amount computed pursuant to
subdivision (b), or, if the amount computed pursuant to subdivision
(c) is negative, the sum of the amounts computed pursuant to
subdivisions (b) and (c) if the sum if greater than zero.
(2) The Superintendent shall apportion any portion of the
appropriation made for purposes of paragraph (1) that is not
apportioned pursuant to paragraph (1) pursuant to the following
calculation:
(A) Add the amount calculated pursuant to subdivision (b) to the
amount computed pursuant to subdivision (a) for a county
superintendent of schools.
(B) Subtract the amount computed pursuant to subparagraph (A) from
the amount computed pursuant to subdivision (e) of Section 2574 for
the county superintendent of schools.
(C) Divide the difference for the county superintendent of schools
computed pursuant to subparagraph (B) by the sum of the differences
for all county superintendents of schools computed pursuant to
subparagraph (B).
(D) Multiply the proportion computed pursuant to subparagraph (B)
by the unapportioned balance in the appropriation.
(E) Apportion to each county superintendent of schools the amount
calculated pursuant to subparagraph (D), or if subdivision (c) is
negative, apportion the sums of subdivisions (b) and (c) and
subparagraph (D) if the sum is greater than zero.
(F) The Superintendent shall repeat the computation made pursuant
to this paragraph, accounting for any additional amounts apportioned
after each computation, until the appropriation made for purposes of
paragraph (1) is fully apportioned.
(G) The total amount apportioned pursuant to this subdivision to a
county superintendent of schools shall not exceed the difference for
the county superintendent of schools calculated pursuant to
paragraph (1) of subdivision (b).
(g) (1) For a county superintendent of schools for whom, in the
2013-14 fiscal year, the amount computed pursuant to subdivision (c)
is less than the amount computed pursuant to subdivision (d), in the
first fiscal year following the fiscal year in which the sum of the
apportionments pursuant to subdivisions (e) and (f) is equal to the
amount calculated pursuant to subdivision (d) of this section, the
Superintendent shall apportion to the county superintendent of
schools the amount computed in subdivision (d) in that fiscal year
and each fiscal year thereafter instead of the amounts computed
pursuant to subdivisions (e) and (f).
(2) For a county superintendent of schools for whom, in the
2013-14 fiscal year, the amount computed pursuant to subdivision (c)
is greater than the amount computed pursuant to subdivision (d), in
the first fiscal year in which the amount computed pursuant to
subdivision (c) would be less than the amount computed pursuant to
subdivision (d), the Superintendent shall apportion to the county
superintendent of schools the amount computed in subdivision (d) in
that fiscal year and each fiscal year thereafter instead of the
amounts computed pursuant to subdivisions (e) and (f).
(3) In each fiscal year, the Superintendent shall determine the
percentage of county superintendents of schools that are apportioned
funding that is less than the amount computed pursuant to subdivision
(d), as of the second principal apportionment of the fiscal year. If
the percentage is less than 10 percent, the Superintendent shall
apportion to those county superintendents of schools funding equal to
the amount computed in subdivision (d) in that fiscal year and for
each fiscal year thereafter instead of the amounts calculated
pursuant to subdivisions (e) and (f).
(4) Commencing with the first fiscal year after the apportionments
in paragraph (3) are made, the adjustments in paragraph (4) of
subdivision (a) of Section 2574 and subparagraph (B) of paragraph (1)
of subdivision (c) of Section 2574 shall be made only if an
appropriation for those purposes is included in the annual Budget
Act.
(5) If the calculation pursuant to subdivision (d) is negative and
the Superintendent apportions to a county superintendent of schools
the amount computed pursuant to subdivision (d) pursuant to paragraph
(1), (2), or (3), an amount of property tax of the county
superintendent of schools equal to the negative amount shall be
deemed restricted and not available for expenditure during that
fiscal year. In the following fiscal year the restricted amount shall
be considered restricted local property tax revenue for purposes of
subdivision (a) of Section 2578.
(h) Commencing with the 2013-14 fiscal year, the Superintendent
shall apportion to a county superintendent of schools an amount of
state aid, including any amount apportioned pursuant to subdivisions
(f) and (g), that is no less than the amount calculated in
subparagraph (A) of paragraph (2) of subdivision (a).
(i) For the 2013-14 and 2014-15 fiscal years only, a county
superintendent of schools who, in the 2012-13 fiscal year, from any
of the funding sources identified in paragraph (1) or (2) of
subdivision (a), received funds on behalf of, or provided funds to, a
regional occupational center or program joint powers agency
established in accordance with Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code
for purposes of providing instruction to pupils enrolled in grades 9
to 12, inclusive, shall not redirect that funding for another purpose
unless otherwise authorized in law or pursuant to an agreement
between the regional occupational center or program joint powers
agency and the contracting county superintendent of schools.
(j) For the 2013-14 and 2014-15 fiscal years only, a county
superintendent of schools who, in the 2012-13 fiscal year, from any
of the funding sources identified in paragraph (1) or (2) of
subdivision (a), received funds on behalf of, or provided funds to, a
home-to-school transportation joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code for purposes of
providing pupil transportation shall not redirect that funding for
another purpose unless otherwise authorized in law or pursuant to an
agreement between the home-to-school transportation joint powers
agency and the contracting county superintendent of schools.
(k) (1) In addition to subdivision (j), of the funds a county
superintendent of schools receives for home-to-school transportation
programs the county superintendent of schools shall expend, pursuant
to Article 2 (commencing with Section 39820) of Chapter 1 of Part
23.5 of Division 3 of Title 2, and Article 10 (commencing with
Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, no
less for those programs than the amount of funds the county
superintendent of schools expended for home-to-school transportation
in the 2012-13 fiscal year.
(2) For the 2013-14 and 2014-15 fiscal years only, of the funds a
county superintendent of schools receives for purposes of regional
occupational centers or programs, or adult education, the county
superintendent of schools shall expend no less for each of those
programs than the amount of funds the county superintendent of
schools expended for purposes of regional occupational centers or
programs, or adult education, respectively, in the 2012-13 fiscal
year.
SEC. 2. Section 42238.02 of the Education Code, as added by
Assembly Bill 97 of the 2013-14 Regular Session, is amended to read:
42238.02. (a) The amount computed pursuant to this section shall
be known as the school district and charter school local control
funding formula.
(b) (1) For purposes of this section "unduplicated pupil" means a
pupil enrolled in a school district or a charter school who is either
classified as an English learner, eligible to receive a free or
reduced-price meal, or is a foster youth. A pupil shall be counted
only once for purposes of this section if any of the following apply:
(A) The pupil is classified as an English learner and is eligible
for a free or reduced-price meal.
(B) The pupil is classified as an English learner and is a foster
youth.
(C) The pupil is eligible for a free or reduced-price meal and is
classified as a foster youth.
(D) The pupil is classified as an English learner, is eligible for
a free or reduced-price meal, and is a foster youth.
(2) Commencing with the 2013-14 fiscal year, a school district or
charter school shall annually report its enrolled free and
reduced-price meal eligibility, foster youth, and English learner
pupil-level records to the Superintendent using the California
Longitudinal Pupil Achievement Data System.
(3) (A) Commencing with the 2013-14 fiscal year, a county office
of education shall review and validate reported English learner,
foster youth, and free or reduced-price meal eligible pupil data for
school districts and charter schools under its jurisdiction to ensure
the data is reported accurately. The Superintendent shall provide
each county office of education with appropriate access to school
district and charter school data reports in the California
Longitudinal Pupil Achievement Data System for purposes of ensuring
data reporting accuracy.
(B) The Controller shall include the instructions necessary to
enforce paragraph (2) in the audit guide required by Section 14502.1.
The instructions shall include, but are not necessarily limited to,
procedures for determining if the English learner, foster youth, and
free or reduced-price meal eligible pupil counts are consistent with
the school district's or charter school's English learner, foster
youth, and free or reduced-price meal eligible pupil records.
(4) The Superintendent shall make the calculations pursuant to
this section using the data submitted by local educational agencies,
including charter schools, through the California Longitudinal Pupil
Achievement Data System. The Superintendent shall authorize school
districts and charter schools to review and revise, as necessary,
their submitted data on English learner, foster youth, and free or
reduced-price meal eligible pupil counts to ensure the accuracy of
data reflected in the California Longitudinal Pupil Achievement Data
System.
(5) The Superintendent shall annually compute the percentage of
unduplicated pupils for each school district and charter school by
dividing the enrollment of unduplicated pupils in a school district
or charter school by the total enrollment in that school district or
charter school pursuant to all of the following:
(A) For the 2013-14 fiscal year, divide the sum of unduplicated
pupils for the 2013-14 fiscal year by the sum of the total pupil
enrollment for the 2013-14 fiscal year.
(B) For the 2014-15 fiscal year, divide the sum of unduplicated
pupils for the 2013-14 and 2014-15 fiscal years by the sum of the
total pupil enrollment for the 2013-14 and 2014-15 fiscal years.
(C) For the 2015-16 fiscal year and each fiscal year thereafter,
divide the sum of unduplicated pupils for the current fiscal year and
the two prior fiscal years by the sum of the total pupil enrollment
for the current fiscal year and the two prior fiscal years.
(c) Commencing with the 2013-14 fiscal year and each fiscal year
thereafter, the Superintendent shall annually calculate a local
control funding formula grant for each school district and charter
school in the state pursuant to this section.
(d) The Superintendent shall compute a grade span adjusted base
grant equal to the total of the following amounts:
(1) For the 2013-14 fiscal year, a base grant of:
(A) Six thousand eight hundred forty-five dollars ($6,845) for
average daily attendance in kindergarten and grades 1 to 3,
inclusive.
(B) Six thousand nine hundred forty-seven dollars ($6,947) for
average daily attendance in grades 4 to 6, inclusive.
(C) Seven thousand one hundred fifty-four dollars ($7,154) for
average daily attendance in grades 7 and 8.
(D) Eight thousand two hundred eighty-nine dollars ($8,289) for
average daily attendance in grades 9 to 12, inclusive.
(2) In each year the grade span adjusted base grants in paragraph
(1) shall be adjusted by the percentage change in the annual average
value of the Implicit Price Deflator for State and Local Government
Purchases of Goods and Services for the United States, as published
by the United States Department of Commerce for the 12-month period
ending in the third quarter of the prior fiscal year. This percentage
change shall be determined using the latest data available as of May
10 of the preceding fiscal year compared with the annual average
value of the same deflator for the 12-month period ending in the
third quarter of the second preceding fiscal year, using the latest
data available as of May 10 of the preceding fiscal year, as reported
by the Department of Finance.
(3) (A) The Superintendent shall compute an additional adjustment
to the kindergarten and grades 1 to 3, inclusive, base grant as
adjusted for inflation pursuant to paragraph (2) equal to 10.4
percent. The additional grant shall be calculated by multiplying the
kindergarten and grades 1 to 3, inclusive, base grant as adjusted by
paragraph (2) by 10.4 percent.
(B) Until paragraph (4) of subdivision (b) of Section 42238.03 is
effective, as a condition of the receipt of funds in this paragraph,
a school district shall make progress toward maintaining an average
class enrollment of not more than 24 pupils for each schoolsite in
kindergarten and grades 1 to 3, inclusive, unless a collectively
bargained alternative annual average class enrollment for each
schoolsite in those grades is agreed to by the school district,
pursuant to the following calculation:
(i) Determine a school district's average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, in the
prior year. For the 2013-14 fiscal year, this amount shall be the
average class enrollment for each schoolsite for kindergarten and
grades 1 to 3, inclusive, in the 2012-13 fiscal year.
(ii) Determine a school district's percentage of total need
pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
(iii) Determine the percentage of the need calculated in clause
(ii) that is met by funding provided to the school district pursuant
to paragraph (3) of subdivision (b) of Section 42238.03.
(iv) Determine the difference between the amount computed pursuant
to clause (i) and an average class enrollment of not more than 24
pupils.
(v) Calculate a current year average class enrollment adjustment
for each schoolsite for kindergarten and grades 1 to 3, inclusive,
equal to the adjustment calculated in clause (iv) multiplied by the
percentage determined pursuant to clause (iii).
(C) School districts that have an average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24
pupils or less for each schoolsite in the 2012-13 fiscal year, shall
be exempt from the requirements of subparagraph (B) so long as the
school district continues to maintain an average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, of
not more than 24 pupils, unless a collectively bargained alternative
ratio is agreed to by the school district.
(D) Upon full implementation of the local control funding formula,
as a condition of the receipt of funds in this paragraph, all school
districts shall maintain an average class enrollment for each
schoolsite for kindergarten and grades 1 to 3, inclusive, of not more
than 24 pupils for each schoolsite in kindergarten and grades 1 to
3, inclusive, unless a collectively bargained alternative ratio is
agreed to by the school district.
(E) The average class enrollment requirement for each schoolsite
for kindergarten and grades 1 to 3, inclusive, established pursuant
to this paragraph shall not be subject to waiver by the state board
pursuant to Section 33050 or by the Superintendent.
(F) The Controller shall include the instructions necessary to
enforce this paragraph in the audit guide required by Section
14502.1. The instructions shall include, but are not necessarily
limited to, procedures for determining if the average class
enrollment for each schoolsite for kindergarten and grades 1 to 3,
inclusive, exceeds 24, or an alternative average class enrollment for
each schoolsite pursuant to a collectively bargained alternative
ratio. The procedures for determining average class enrollment for
each schoolsite shall include criteria for employing sampling.
(4) The Superintendent shall compute an additional adjustment to
the base grant for grades 9 to 12, inclusive, as adjusted for
inflation pursuant to paragraph (2), equal to 2.6 percent. The
additional grant shall be calculated by multiplying the base grant
for grades 9 to 12, inclusive, as adjusted by paragraph (2), by 2.6
percent.
(e) The Superintendent shall compute a supplemental grant add-on
equal to 20 percent of the base grants as specified in subparagraphs
(A) to (D), inclusive, of paragraph (1) of subdivision (d), as
adjusted by paragraphs (2) to (4), inclusive, of subdivision (d), for
each school district's or charter school's percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b). The supplemental grant shall be calculated by
multiplying the base grants as specified in subparagraphs (A) to (D),
inclusive, of paragraph (1), as adjusted by paragraphs (2) to (4),
inclusive, of subdivision (d), by 20 percent and by the percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in that school district or charter school. The
supplemental grant shall be expended in accordance with the
regulations adopted pursuant to Section 42238.07.
(f) The Superintendent shall compute a concentration grant add-on
equal to 50 percent of the base grants as specified in subparagraphs
(A) to (D), inclusive, of paragraph (1) of subdivision (d), as
adjusted by paragraphs (2) to (4), inclusive, of subdivision (d), for
each school district's or charter school's percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in excess of 55 percent of the school district's or
charter school's total enrollment. The concentration grant shall be
calculated by multiplying the base grant as specified in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
(d), by 50 percent and by the percentage of unduplicated pupils
calculated pursuant to paragraph (5) of subdivision (b) in excess of
55 percent of the total enrollment in that school district or charter
school. For a charter school physically located in only one school
district, the percentage of unduplicated pupils calculated pursuant
to paragraph (5) of subdivision (b) in excess of 55 percent used to
calculate concentration grants shall not exceed the percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in excess of 55 percent of the school district in
which the charter school is physically located. For a charter school
physically located in more than one school district, the charter
school's percentage of unduplicated pupils calculated pursuant to
paragraph (5) of subdivision (b) in excess of 55 percent used to
calculate concentration grants shall not exceed that of the school
district with the highest percentage of unduplicated pupils
calculated pursuant to paragraph (5) of subdivision (b) in excess of
55 percent of the school districts in which the charter school has a
school facility. The concentration grant shall be expended in
accordance with the regulations adopted pursuant to Section 42238.07.
(g) The Superintendent shall compute an add-on to the total sum of
a school district's or charter school's base, supplemental, and
concentration grants equal to the amount of funding a school district
or charter school received from funds allocated pursuant to the
Targeted Instructional Improvement Block Grant program, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2, for the
2012-13 fiscal year, as that article read on January 1, 2013. A
school district or charter school shall not receive a total funding
amount from this add-on greater than the total amount of funding
received by the school district or charter school from that program
in the 2012-13 fiscal year. The amount computed pursuant to this
subdivision shall reflect the reduction specified in paragraph (2) of
subdivision (a) of Section 42238.03.
(h) The Superintendent shall compute an add-on to the total sum of
a school district's or charter school's base, supplemental, and
concentration grants equal to the amount of funding a school district
or charter school received
from funds allocated pursuant to the Home-to-School Transportation
program, as set forth in former Article 2 (commencing with Section
39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with
Section 41850) of Chapter 5, and the Small School District
Transportation program, as set forth in former Article 4.5
(commencing with Section 42290), for the 2012-13 fiscal year. A
school district or charter school shall not receive a total funding
amount from this add-on greater than the total amount received by the
school district or charter school for that program in the 2012-13
fiscal year. The amount computed pursuant to this subdivision shall
reflect the reduction specified in paragraph (2) of subdivision (a)
of Section 42238.03.
(i) (1) The sum of the local control funding formula rates
computed pursuant to subdivisions (c) to (f), inclusive, shall be
multiplied by:
(A) For school districts, the average daily attendance of the
school district in the corresponding grade level ranges computed
pursuant to Section 42238.05.
(B) For charter schools, the total current year average daily
attendance in the corresponding grade level ranges.
(2) (A) The amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed pursuant to
paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied
by subparagraph (A) or (B) of paragraph (1), as appropriate.
(B) The amount added pursuant to this paragraph shall not change
the calculation of a school district's or charter school's
supplemental grant or concentration grant.
(j) The Superintendent shall adjust the sum of each school
district's or charter school's amount determined in subdivisions (g)
to (i), inclusive, pursuant to the calculation specified in Section
42238.03, less the sum of the following:
(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), less any amount received pursuant
to Section 33401 or 33676 of the Health and Safety Code that is used
for land acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance and that is not an amount
received pursuant to Section 33492.15, or paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(7) The amount, if any, received pursuant to Sections 34183 and
34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3)
of subdivision (e) of Section 36 of Article XIII of the California
Constitution.
(k) A school district shall annually transfer to each of its
charter schools funding in lieu of property taxes pursuant to Section
47635.
(l) (1) Nothing in this section shall be interpreted to authorize
a school district that receives funding on behalf of a charter school
pursuant to Section 47651 to redirect this funding for another
purpose unless otherwise authorized in law pursuant to paragraph (2)
or pursuant to an agreement between a charter school and its
chartering authority.
(2) A school district that receives funding on behalf of a locally
funded charter school pursuant to paragraph (2) of subdivision (b)
of Section 42605, Section 42606, and subdivision (b) of Section 47634
in the 2012-13 fiscal year may annually redirect for another purpose
a percentage of the amount of the funding received on behalf of that
charter school. The percentage of funding that may be redirected
shall be determined pursuant to the following computation:
(A) (i) Determine the sum of the need fulfilled for that charter
school pursuant to paragraph (3) of subdivision (b) of Section
42238.03 in the then current fiscal year for the charter school.
(ii) Determine the sum of the need fulfilled in every fiscal year
before the then current fiscal year pursuant to paragraph (3) of
subdivision (b) of Section 42238.03 adjusted for changes in average
daily attendance pursuant to paragraph (3) of subdivision (a) of
Section 42238.03 for the charter school.
(iii) Subtract the amount computed pursuant to paragraphs (1) to
(3), inclusive, of subdivision (a) of Section 42238.03 from the
amount computed for that charter school under the local control
funding formula entitlement computed pursuant to subdivision (i) of
Section 42238.02.
(iv) Compute a percentage by dividing the sum of the amounts
computed to clauses (i) and (ii) by the amount computed pursuant to
clause (iii).
(B) Multiply the percentage computed pursuant to subparagraph (A)
by the amount of funding the school district received on behalf of
the charter school pursuant to paragraph (2) of subdivision (b) of
Section 42605, Section 42606, and subdivision (b) of Section 47634
for the 2012-13 fiscal year.
(C) The maximum amount that may be redirected shall be the lesser
of the amount of funding the school district received on behalf of
the charter school pursuant to paragraph (2) of subdivision (b) of
Section 42605, Section 42606, and subdivision (b) of Section 47634
for the 2012-13 fiscal year or the amount computed pursuant to
subparagraph (B).
(3) Commencing with the 2013-14 fiscal year, a school district
operating one or more affiliated charter schools shall provide each
affiliated charter school schoolsite with no less than the amount of
funding the schoolsite received pursuant to the charter school block
grant in the 2012-13 fiscal year.
(m) Any calculations in law that are used for purposes of
determining if a local educational agency is an excess tax school
entity or basic aid school district, including, but not limited to,
this section and Sections 42238.03, 41544, 47660, 47632, 47663,
48310, and 48359.5, and Section 95 of the Revenue and Taxation Code,
shall be made exclusive of the revenue received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(n) A school district that does not receive an apportionment of
state funds pursuant to this section as implemented pursuant to
Section 42238.03, excluding funds apportioned pursuant to the
requirements of subdivision (d) of Section 42238.03 shall be
considered a "basic aid school district" or an "excess tax entity."
(o) The funds apportioned pursuant to this section and Section
42238.03 shall be available to implement the activities required
pursuant to Article 4.5 (commencing with Section 52060) of Chapter
6.1 of Part 28 of Division 4 of Title 2.
SEC. 3. Section 42238.03 of the Education Code, as added by
Assembly Bill 97 of the 2013-14 Regular Session, is amended to read:
42238.03. (a) Commencing with the 2013-14 fiscal year and each
fiscal year thereafter, the Superintendent shall calculate a base
entitlement for the transition to the local control funding formula
for each school district and charter school equal to the sum of the
amounts computed pursuant to paragraphs (1) to (4), inclusive. The
amounts computed pursuant to paragraphs (1) to (6), inclusive, shall
be continuously appropriated pursuant to Section 14002.
(1) The current fiscal year base entitlement funding level shall
be the sum of all of the following:
(A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05.
(B) (i) For charter schools, general purpose funding as computed
pursuant to Article 2 (commencing with Section 47633) of Chapter 6,
as that article read on January 1, 2013, and the amount of in-lieu
property tax provided to the charter school pursuant to Section
47635, as that section read on June 30, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant to
Section 42238.05. That quotient shall be multiplied by the current
fiscal year average daily attendance of the charter school computed
pursuant to Section 42238.05.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraphs (A) and (B)
shall exclude funds received pursuant to Section 47633, as that
section read on January 1, 2013.
(D) The amount computed pursuant to subparagraph (A) shall exclude
amounts computed pursuant to Article 4 (commencing with Section
42280). Funding for qualifying necessary small high school and
necessary small elementary schools shall be adjusted pursuant Article
4 (commencing with Section 42280) and Section 42238.146, as those
provisions read on January 1, 2013.
(2) Entitlements from items contained in Section 2.00, as adjusted
pursuant to Section 12.42, of the Budget Act of 2012 for Items
6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001,
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4, as it read on January 1, 2013, and
2012-13 fiscal year funding for pupils enrolled in community day
schools who are mandatorily expelled pursuant to subdivision (c) of
Section 48915. The entitlement for basic aid school districts shall
include the reduction of 8.92 percent as applied pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of
Chapter 2 of the Statutes of 2012.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant to
Section 42238.05. That quotient shall be multiplied by the current
fiscal year average daily attendance of the charter school computed
pursuant to Section 42238.05.
(4) The amount allocated to a school district or charter school
pursuant to paragraph (3) of subdivision (b) for the fiscal years
before the current fiscal year divided by the average daily
attendance of the school district or charter school for the fiscal
years before the current fiscal year computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the school district or charter
school computed pursuant to Section 42238.05.
(5) For the 2013-14 and 2014-15 fiscal years only, a school
district that, in the 2012-13 fiscal year, from any of the funding
sources identified in paragraph (1) or (2), received funds on behalf
of, or provided funds to, a regional occupational center or program
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code for purposes of providing instruction to
secondary pupils shall not redirect that funding for another purpose
unless otherwise authorized in law or pursuant to an agreement
between the regional occupational center or program joint powers
agency and the contracting school district.
(6) (A) For the 2013-14 and 2014-15 fiscal years only, a school
district that, in the 2012-13 fiscal year, from any of the funding
sources identified in paragraph (1) or (2), received funds on behalf
of, or provided funds to, a home-to-school transportation joint
powers agency established in accordance with Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code for purposes of providing pupil transportation shall
not redirect that funding for another purpose unless otherwise
authorized in law or pursuant to an agreement between the
home-to-school transportation joint powers agency and the contracting
school district.
(B) In addition to subparagraph (A), of the funds a school
district receives for home-to-school transportation programs the
school district shall expend, pursuant to Article 2 (commencing with
Section 39820) of Chapter 1 of Part 23.5, and Article 10 (commencing
with Section 41850) of Chapter 5, no less for those programs than the
amount of funds the school district expended for home-to-school
transportation in the 2012-13 fiscal year.
(7) For the 2013-14 and 2014-15 fiscal years only, of the funds a
school district receives for purposes of regional occupational
centers or programs, or adult education, the school district shall
expend no less than the amount of funds the school district expended
for purposes of regional occupational centers or programs, or adult
education, respectively, in the 2012-13 fiscal year.
(b) Compute an annual local control funding formula transition
adjustment for each school district and charter school as follows:
(1) Subtract the amount computed pursuant to paragraphs (1) to
(4), inclusive, of subdivision (a) from the amount computed for each
school district or charter school under the local control funding
formula entitlements computed pursuant to subdivision (i) of Section
42238.02. School districts and charter schools with a negative
difference shall be deemed to have a zero difference.
(2) Each school district's and charter school's total need as
calculated pursuant to paragraph (1) shall be divided by the sum of
all school districts' and charter schools' total need to determine
the school district's or charter school's respective proportions of
total need.
(3) Each school district's and charter school's proportion of
total need shall be multiplied by any available appropriations
specifically made for purposes of this subdivision, and added to the
school district's or charter school's funding amounts as calculated
pursuant to subdivision (a).
(4) If the total amount of funds appropriated for purposes of
paragraph (3) pursuant to this subdivision are sufficient to fully
fund any positive amounts computed pursuant to paragraph (1), the
local control funding formula grant computed pursuant to subdivision
(c) of Section 42238.02 shall be adjusted to ensure that any
available appropriation authority is expended for purposes of the
local control funding formula.
(5) Commencing with the first fiscal year after either paragraph
(4) or paragraph (2) of subdivision (h) applies, the adjustments in
paragraph (2) of subdivision (d) of Section 42238.02 shall be made
only if an appropriation for those adjustments is included in the
annual Budget Act.
(c) The Superintendent shall subtract from the amounts computed
pursuant to subdivisions (a) and (b) the sum of the following:
(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), less any amount received pursuant
to Section 33401 or 33676 of the Health and Safety Code that is used
for land acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance and that is not an amount
received pursuant to Section 33492.15, or paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(7) The amount, if any, received pursuant to Sections 34183 and
34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3)
of subdivision (e) of Section 36 of Article XIII of the California
Constitution.
(d) A school district or charter school that has a zero difference
pursuant to paragraph (1) of subdivision (b) in the prior fiscal
year shall receive an entitlement equal to the amount calculated
pursuant to Section 42238.02 in the current fiscal year and future
fiscal years.
(e) Notwithstanding the computations pursuant to subdivisions (b)
to (d), inclusive, and Section 42238.02, commencing with the 2013-14
fiscal year, a school district or charter school shall receive
state-aid funding of no less than the sum of the amounts computed
pursuant to paragraphs (1) to (3), inclusive.
(1) (A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05 and then offset for local
revenues pursuant to subdivision (c) for the current fiscal year.
(B) (i) For charter schools, general purpose funding in the
2012-13 fiscal year as computed pursuant to Article 2 (commencing
with Section 47633) of Chapter 6, as that article read on January 1,
2013, and the amount of in-lieu property tax provided to the charter
school in the 2012-13 fiscal year pursuant to Section 47635, as that
section read on January 1, 2013, divided by the 2012-13 average daily
attendance of the charter school computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the charter school computed pursuant
to Section 42238.05 and then offset for local revenues pursuant to
subdivision (c) for the current fiscal year.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraphs (A) and (B)
shall exclude funds received pursuant to Section 47633, as that
section read on January 1, 2013.
(D) The amount computed pursuant to subparagraph (A) shall exclude
amounts computed pursuant to Article 4 (commencing with Section
42280). Funding for qualifying necessary small high school and
necessary small elementary schools shall be adjusted pursuant Article
4 (commencing with Section 42280) and Section 42238.146, as those
provisions read on January 1, 2013.
(E) The amount computed pursuant to subparagraphs (A) to (C),
inclusive, shall be reduced by the sum of the amount computed
pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).
(2) (A) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001,
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4, as it read on January 1, 2013, and
2012-13 fiscal year funding for pupils enrolled in community day
schools who are mandatorily expelled pursuant to subdivision (c) of
Section 48915. Notwithstanding Section 39 of Chapter 38 of the
Statutes of 2012, the entitlement for basic aid school districts
shall include the reduction of 8.92 percent as applied pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of
Chapter 2 of the Statutes of 2012.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school. That quotient shall
be multiplied by the current fiscal year average daily attendance of
the charter school.
(f) (1) For purposes of this section, commencing with the 2013-14
fiscal year and until all school districts and charter schools equal
or exceed their local control funding formula target computed
pursuant to Section 42238.02 as determined by the calculation of a
zero difference pursuant to paragraph (1) of subdivision (b), a newly
operational charter school shall be determined to have a prior year
per average daily attendance funding amount equal to the lesser of:
(A) The prior year funding amount per unit of average daily
attendance for the school district in which the charter school is
physically located. The Superintendent shall calculate the funding
amount per unit of average daily attendance for this purpose by
dividing the total local control funding formula entitlement received
by that school district in the prior year by prior year average
daily attendance of that school district. For purposes of this
paragraph, a charter school that is physically located in more than
one school district shall use the calculated local control funding
entitlement per unit of average daily attendance of the school
district with the highest prior year funding amount per unit of
average daily attendance.
(B) The charter school's local control funding formula rate
computed pursuant to subdivisions (c) to (i), inclusive, of Section
42238.02.
(2) For charter schools funded pursuant to paragraph (1), the
charter school shall be eligible to receive growth funding pursuant
to subdivision (b) toward meeting the newly operational charter
school's local control funding formula target.
(3) Upon a determination that all school districts and charter
schools equal or exceed the local control funding formula target
computed pursuant to Section 42238.02 as determined by the
calculation of a zero difference pursuant to paragraph (1) of
subdivision (b) for all school districts and charter schools, this
subdivision shall not apply and the charter school shall receive an
allocation equal to the amount calculated under Section 42238.02 in
that fiscal year and future fiscal years.
(g) (1) In each fiscal year the Superintendent shall determine the
percentage of school districts that are apportioned funding pursuant
to this section that is less than the amount computed pursuant to
Section 42238.02 as of the second principal apportionments of the
fiscal year. If the percentage is less than 10 percent, the
Superintendent shall apportion funding to the school districts and
charter schools equal to the amount computed pursuant to Section
42238.02 in that fiscal year.
(2) For each fiscal year thereafter, the Superintendent shall
apportion funding to a school district and charter school equal to
the amount computed pursuant to Section 42238.02.
SEC. 4. Item 6110-106-0001 of Section 2.00 of Assembly Bill 110 of
2013-14 Regular Session is amended to read:
6110-106-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, for support of the California 10,000,00
Collaborative for Educational Excellence..... 0
Provisions:
1. Funds appropriated in this item
shall be used to support the
California Collaborative for
Educational Excellence to
assist in the improvement of
Local Control and
Accountability Plans (LCAP)
established in Article 4.5
(commencing with Section 52060)
of Chapter 6.1 of Part 28 of
Division 4 of Title 2 of the
Education Code. Up to $300,000
of this amount may be used to
support a statewide evaluation
to measure the effectiveness of
the California Collaborative
for Educational Excellence in
responding to the needs of
local educational agencies.
SEC. 5. Sections 1 to 4, inclusive, of this bill shall only become
operative if Assembly Bill 97 of the 2013-14 Regular Session is
enacted.
SEC. 6. This act is a bill providing for appropriations related to
the Budget Bill within the meaning of subdivision (e) of Section 12
of Article IV of the California Constitution, has been identified as
related to the budget in the Budget Bill, and shall take effect
immediately.
