Bill Text: CA SB1321 | 2017-2018 | Regular Session | Introduced

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

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Bill Title: School finance: necessary small schools.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-09-21 - Chaptered by Secretary of State. Chapter 664, Statutes of 2018. [SB1321 Detail]

Download: California-2017-SB1321-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1321

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Introduced by Senator Monning
(Coauthor: Assembly Member Cunningham)

February 16, 2018

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An act to amend Section 42283 of the Education Code, relating to school finance.

LEGISLATIVE COUNSEL'S DIGEST

SB 1321, as introduced, Monning. School finance: necessary small schools.

Existing law, for specified purposes, provides that a necessary small school is an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the 7th and 8th grades of a junior high school, maintained by a school district to which any of certain conditions apply, including specified distance requirements. Existing law authorizes the governing board of a school district, if topographical or other conditions exist in the school district that would impose unusual hardships if the specified number of miles were required to be traveled, or if during the fiscal year the roads that would be traveled have been impassable for more than an average of 2 weeks per year for the preceding 5 years, to request the Superintendent of Public Instruction, in writing, for an exemption from these requirements or for a reduction in the miles required, as specified. Existing law requires the request to be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent.

This bill would require the request to also be accompanied by evidence of the conditions upon which the request is based.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 42283 of the Education Code is amended to read:

42283.

 (a) For purposes of Section 42282, a “necessary small school” is an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the seventh and eighth grades of a junior high school, maintained by a school district to which any of the following conditions apply:

(1) If as many as five pupils residing in the school district and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the seventh and eighth grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school.

(2) If as many as 15 pupils residing in the school district and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the seventh and eighth grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school.

(3) If topographical or other conditions exist in a school district that would impose unusual hardships if the number of miles specified in paragraph (1) or (2) were required to be traveled, or if during the fiscal year the roads that would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the school district may, on or before April 1, request the Superintendent, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, based and evidence of those conditions, giving the information in a form required by the Superintendent. The Superintendent shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request.

(b) For purposes of this section, “other public elementary school” is a public school, including a charter school, that serves kindergarten or any of grades 1 to 8, inclusive, excluding grades 7 and 8 of a junior high school.