Bill Text: CA AB673 | 2009-2010 | Regular Session | Enrolled
Bill Title: Regional occupational centers or programs:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB673 Detail]
Download: California-2009-AB673-Enrolled.html
BILL NUMBER: AB 673 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2009
PASSED THE ASSEMBLY MAY 21, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Carter
FEBRUARY 25, 2009
An act to amend, repeal, and add Section 52335.4 of the Education
Code, relating to regional occupational centers or programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 673, Carter. Regional occupational centers or programs:
apportionments.
Existing law prescribes a formula for the apportionment of funds
to regional occupational centers or programs. This formula requires
the Superintendent of Public Instruction to calculate the funded
growth average daily attendance for each regional occupational center
or program (ROC/P).
This bill would require, if the growth average daily attendance
funded in the annual Budget Act for any fiscal year is a negative
adjustment, that the existing formula for the calculation of the
funded growth average daily attendance for ROC/Ps be inoperative for
that fiscal year, and that the growth average daily attendance be
calculated as a percentage reduction and allocated to each ROC/P as
an equivalent percentage reduction to the cap on the average daily
attendance of that ROC/P.
The bill would also require, for the 2009-10 fiscal year, that the
Superintendent of Public Instruction recalculate the prior year
average daily attendance for each regional occupational center or
program pursuant to a prescribed statute to apply a percentage
reduction equal to the percentage reduction applied for ROC/P growth
in the Budget Act of 2008.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52335.4 of the Education Code is amended to
read:
52335.4. The Superintendent shall determine each ROC/P's share of
funded growth average daily attendance by computing the sum of
subdivisions (a), (b), and (c):
(a) Subtract the ROC/P's annual units of funded average daily
attendance for the prior year from the ROC/P's annual units of funded
average daily attendance for the second prior year. If the amount
computed pursuant to this subdivision is negative, it shall be deemed
to be zero.
(b) Allocate 25 percent of the allowable growth average daily
attendance funded in the Budget Act to low participation ROC/Ps,
pursuant to criteria established by the Superintendent.
(c) (1) Subtract the statewide sum of the growth average daily
attendance computed pursuant to subdivisions (a) and (b) from the
allowable growth in average daily attendance funded in the Budget
Act. If the amount computed is negative, it shall be deemed to be
zero.
(2) (A) Calculate the ROC/P's pro rata share of the funded growth
average daily attendance calculated pursuant to paragraph (1), based
on the prior year average daily attendance in grades 9 to 12,
inclusive, for the school districts served by the ROC/P in relation
to the total statewide prior year average daily attendance in grades
9 to 12, inclusive. For purposes of the calculation required by this
paragraph, the Superintendent shall use the average daily attendance
reported for the second principal apportionment of the prior year.
(B) In calculating the pro rata share of funded growth average
daily attendance, the Superintendent shall ensure that each ROC/P is
provided at least 10 units of allowed growth average daily attendance
pursuant to subdivisions (b) and (c).
(d) (1) It is the intent of the Legislature that each ROC/P use
its share of funded growth average daily attendance provided pursuant
to this section to serve pupils in grades 9 to 12, inclusive, unless
the governing board or governing boards of the school district or
districts overseeing the ROC/P determine that the needs of pupils in
grades 9 to 12, inclusive, have been met.
(2) It is the intent of the Legislature that, if a determination
is made pursuant to paragraph (1) that the needs of pupils in grades
9 to 12, inclusive, have been met, then the governing board or
governing boards of the school district or districts overseeing the
ROC/P may authorize the ROC/P to use its share of funded growth
average daily attendance provided pursuant to this section to serve
adults.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, and
commencing in the 2009-10 fiscal year, if the growth average daily
attendance funded in the annual Budget Act for any fiscal year is a
negative adjustment, subdivisions (a) to (d), inclusive, shall not be
operative for that fiscal year. That negative adjustment in the
annual Budget Act shall be allocated by the Superintendent to each
ROC/P as an equivalent percentage reduction to the cap on the average
daily attendance of that ROC/P.
(2) For the purposes of implementing this subdivision in the
2009-10 fiscal year, the Superintendent shall recalculate the prior
year average daily attendance for each regional occupational center
or program pursuant to paragraph (1) of subdivision (a) of Section
52335.2 to apply a percentage reduction equal to the percentage
reduction applied for ROC/P growth in the Budget Act of 2008.
(f) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 52335.4 is added to the Education Code, to read:
52335.4. The Superintendent shall determine each ROC/P's share of
funded growth average daily attendance by computing the sum of
subdivisions (a), (b), and (c):
(a) Subtract the ROC/P's annual units of funded average daily
attendance for the prior year from the ROC/P's annual units of funded
average daily attendance for the second prior year. If the amount
computed pursuant to this subdivision is negative, it shall be deemed
to be zero.
(b) Allocate 25 percent of the allowable growth average daily
attendance funded in the Budget Act to low participation ROC/Ps,
pursuant to criteria established by the Superintendent.
(c) (1) Subtract the statewide sum of the growth average daily
attendance computed pursuant to subdivisions (a) and (b) from the
allowable growth in average daily attendance funded in the Budget
Act. If the amount computed is negative, it shall be deemed to be
zero.
(2) (A) Calculate the ROC/P's pro rata share of the funded growth
average daily attendance calculated pursuant to paragraph (1), based
on the prior year average daily attendance in grades 9 to 12,
inclusive, for the school districts served by the ROC/P in relation
to the total statewide prior year average daily attendance in grades
9 to 12, inclusive. For purposes of the calculation required by this
paragraph, the Superintendent shall use the average daily attendance
reported for the second principal apportionment of the prior year.
(B) In calculating the pro rata share of funded growth average
daily attendance, the Superintendent shall ensure that each ROC/P is
provided at least 10 units of allowed growth average daily attendance
pursuant to subdivisions (b) and (c).
(d) (1) It is the intent of the Legislature that each ROC/P use
its share of funded growth average daily attendance provided pursuant
to this section to serve pupils in grades 9 to 12, inclusive, unless
the governing board or governing boards of the school district or
districts overseeing the ROC/P determine that the needs of pupils in
grades 9 to 12, inclusive, have been met.
(2) It is the intent of the Legislature that, if a determination
is made pursuant to paragraph (1) that the needs of pupils in grades
9 to 12, inclusive, have been met, then the governing board or
governing boards of the school district or districts overseeing the
ROC/P may authorize the ROC/P to use its share of funded growth
average daily attendance provided pursuant to this section to serve
adults.
(e) Notwithstanding subdivisions (a) to (d), inclusive, and
commencing in the 2009-10 fiscal year, if the growth average daily
attendance funded in the annual Budget Act for any fiscal year is a
negative adjustment, subdivisions (a) to (d), inclusive, shall not be
operative for that fiscal year. That negative adjustment in the
annual Budget Act shall be allocated by the Superintendent to each
ROC/P as an equivalent percentage reduction to the cap on the average
daily attendance of that ROC/P.
(f) This section shall become operative on July 1, 2010.
