Bill Text: CA AB2362 | 2011-2012 | Regular Session | Amended

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Bill Title: Education finance: necessary small high schools: average

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2362 Detail]

Download: California-2011-AB2362-Amended.html

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BILL NUMBER: AB 2362	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 24, 2012

   An act to amend Section 42285.5 of the Education Code, relating to
education finance, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2362, as amended, Conway. Education finance: necessary small
high schools: average daily attendance.
   Existing law establishes an education funding system under which
the Superintendent of Public Instruction apportions to each
qualifying school district state aid funds in an amount not to exceed
its revenue limit, an amount that is largely based on the school
district's average daily attendance, which is computed as specified.
Existing law authorizes specified school districts to calculate their
revenue limits in a different manner if the school district includes
a necessary small high school, which is defined as a high school
with an average daily attendance of less than 301 that meets
prescribed conditions. Existing law also authorizes a school district
that includes a necessary small high school to include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the 2011-12 fiscal year if the
school district included average daily attendance in grades 7 and 8
and the instructors of grade 7 and 8 pupils in the calculation of
average daily attendance and certificated employees employed in the
2010-11 fiscal year.
   This bill would state the intent of the Legislature that the
Superintendent provide the Legislature with a report by February 1,
2013, recommending revisions to the definition of necessary small
schools and reforms to the formula for funding necessary small
schools. The bill would instead authorize a school district that
includes a necessary small high school to include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the 2012-13 fiscal year if the
school district included average daily attendance in grades 7 and 8
and the instructors of grade 7 and 8 pupils in the calculation of
average daily attendance and certificated employees employed in the
2011-12 fiscal year.  The bill would require a school district
that chooses to include the average daily attendance in grades 7 and
8 and the instructors of grade 7 and 8 pupils, as described above, to
pursue any funding deferral exemptions it may be eligible for. 

   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that the
Superintendent of Public Instruction provide the Legislature with a
report by February 1, 2013, recommending revisions to the definition
of necessary small schools and reforms to the formula for funding
necessary small schools.
  SEC. 2.  Section 42285.5 of the Education Code is amended to read:
   42285.5.  (a) For purposes of subdivision (a) of Section 42284 and
Section 42285, a school district may include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the 2012-13 fiscal year if the
school district included average daily attendance in grades 7 and 8
and the instructors of grade 7 and 8 pupils in the calculation of
average daily attendance and certificated employees employed in the
2011-12 fiscal year.
   (b) Notwithstanding Sections 42284 and 42285, for purposes of this
section, with respect to a school district eligible to 
utilize   use  subdivision (a), references to
grades 9 to 12, inclusive, in Sections 42284 and 42285 shall be
deemed instead to be references to grades 7 to 12, inclusive. 
   (c) A school district applying subdivision (a) shall pursue any
funding deferral exemptions it may be eligible for. 
  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 serve pupils without disrupting their education, and
to ensure the continuation of necessary small school funding for
grades 7 to 12, inclusive, it is necessary for this act to take
effect immediately.