Bill Text: CA AB2216 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regional occupational centers and programs: funding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2216 Detail]

Download: California-2013-AB2216-Amended.html

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BILL NUMBER: AB 2216	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 20, 2014

   An act to amend Section 42238.03 of the Education Code, relating
to regional occupational centers and programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2216, as amended, Muratsuchi. Regional occupational centers and
programs: funding.
   Existing law authorizes the county superintendent of schools of
each county, with the consent of the State Board of Education, to
establish and maintain a regional occupational center, or regional
occupational program, in the county to provide education and training
in career technical courses. Existing law also authorizes the
governing boards of any school district maintaining high schools in
the county, with the consent of the state board and county
superintendent of schools, to cooperate in the establishment and
maintenance of a regional occupational center or program, except as
specified, and authorizes the establishment and maintenance of a
regional occupational center or program by 2 or more school districts
to be undertaken pursuant to a joint powers authority. Existing law
 provides   requires  that, 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   programs,  the school district 
shall  expend no less than the amount of funds the school
district expended for purposes of regional occupational centers or
programs in the 2012-13 fiscal year.
   This bill would extend that expenditure requirement to the 2016-17
fiscal year.  The bill would require the Superintendent to
convene a task force to study funding models for regional
occupational centers and programs and report recommended options
pursuant to the findings of its study to the Legislature and Director
of Finance on or before September 1, 2016. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    (a) The Legislature finds and
declares all of the following:
   (1) A foundational principle in the Education Code is that all
pupils shall have access to equitable educational opportunities and
resources.
   (2) The future of California is dependent upon minimizing, if not
entirely alleviating, inequities in public schools so that all pupils
will have equitable opportunities to learn skills needed for entry
into the workforce, pursue postsecondary educational goals, and
contribute to the social cohesion of the state.
   (3) High-quality career technical education (CTE) programs
contribute to pupils' academic and career achievement by allowing
pupils to smoothly enter the workforce or postsecondary education.
   (4) Current law authorizes CTE courses as an option for pupils to
satisfy the high school graduation requirement to complete a course
in visual or performing arts or foreign language.
   (5) High-quality CTE programs, including regional occupational
centers and programs (ROCPs), have served as a major component to
California's workforce preparation system for the past 35 years.
   (6) Studies have shown that pupils who participate in ROCPs have
improved high school grade point averages, have higher 12th grade
attendance rates, and have enrolled in postsecondary educational
programs in greater numbers.
   (7) Regionalization and coordination with local educational
agencies, community colleges, and industry allow CTE programs to
efficiently use limited resources to provide pupils with a broad
array of training opportunities, use of expensive technical
equipment, and specially trained and experienced instructors.
   (8) Despite the long-standing priority the Legislature has given
to CTE programs, in last year alone, high school CTE program
enrollment has dropped by over 100,000 pupils, which is over 12
percent, and California has lost 19.6 percent of its high school CTE
instructors.
   (9) High-quality CTE programs are one of the most difficult
programs to rebuild if they are dismantled.
   (b) It is the intent of the Legislature to enact legislation that
would promote and support high-quality CTE programs, including, but
not limited to, ROCPs, linked learning, partnership academies, and
career pathway programs, to help prepare and engage pupils for
transition to postsecondary educational opportunities and the
workforce. 
   SEC. 2.   SECTION 1.   Section 42238.03
of the Education Code 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 (4), 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. A school district's
2012-13 fiscal year revenue limit funding shall exclude amounts
computed pursuant to Article 4 (commencing with Section 42280).
   (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 subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
   (D) For school districts, funding for qualifying necessary small
high schools and necessary small elementary schools shall be adjusted
to reflect the funding levels that correspond to the 2012-13
necessary small high school and necessary small elementary school
allowances 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,  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, 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 (d) 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) (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 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.
   (B) For the 2013-14 and 2014-15 fiscal years only, if 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, received, in the 2012-13 fiscal year, an apportionment of
funds directly from any of the funding sources identified in
subparagraph (A) of paragraph (2) of subdivision (a), the
Superintendent shall apportion that same amount to the regional
occupational center or program joint powers agency.
   (6) (A) (i) 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.
   (ii) For the 2013-14 and 2014-15 fiscal years only, if 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 received, in the 2012-13 fiscal year,
an apportionment of funds directly from the Superintendent from any
of the funding sources identified in subparagraph (A) of paragraph
(2) of subdivision (a), the Superintendent shall apportion that same
amount to the home-to-school transportation joint powers agency.
   (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, Article 10 (commencing with
Section 41850) of Chapter 5, and the Small School District
Transportation program, as set forth in Article 4.5 (commencing with
Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, 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 adult education, the school
district shall expend no less than the amount of funds the school
district expended for purposes of adult education in the 2012-13
fiscal year.
   (8) For the 2013-14 to 2016-17 fiscal years, inclusive, only, a
school district shall expend for regional occupational centers or
programs no less than the total amount of funds the school district
expended for regional occupational centers or programs in the 2012-13
fiscal year. For purposes of this paragraph, a school district may
include expenditures made by its county office of education for
purposes of regional occupational centers or programs so long as the
total amount of expenditures by the school district and its county
office of education equal or exceed the total amount required to be
expended for purposes of regional occupational centers or programs
pursuant to this paragraph and paragraph (3) of subdivision (k) of
Section 2575. 
   (9) (A) The Superintendent shall convene a task force to study
funding models for regional occupational centers and programs and
report recommended options pursuant to the findings of its study to
the Legislature and the Director of Finance on or before September 1,
2016.  
   (B) The requirement for submitting a report under this paragraph
is inoperative on January 1, 2019, pursuant to Section 10231.5 of the
Government Code.  
   (C) A report to be submitted pursuant to this paragraph shall be
submitted in compliance with Section 9795 of the Government Code.

   (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 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) of this subdivision or paragraph (2) of subdivision (g) 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 34177,
34179.5, 34179.6, 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. A school district's
2012-13 revenue limit funding shall exclude amounts computed pursuant
to Article 4 (commencing with Section 42280).
   (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.
   (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 subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
   (D) For school districts, the 2012-13 funding allowance provided
for qualifying necessary small high schools and necessary small
elementary schools pursuant to 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 (D),
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,  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, 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 (d) 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.
   (B) The Superintendent shall annually apportion any entitlement
provided to the state special schools from the items specified in
subparagraph (A) to the state special schools in the same amount as
the state special schools received from those items in the 2012-13
fiscal year.
   (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,
calculated pursuant to subdivisions (a) and (b), received by that
school district in the prior year by prior year funded average daily
attendance of that school district. For purposes of this
subparagraph, 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 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.