Bill Text: CA SB193 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Class size reduction: Long Beach Unified School District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB193 Detail]

Download: California-2009-SB193-Amended.html

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BILL NUMBER: SB 193	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 23, 2009

   An act to add and repeal Section 52124.2 of the Education Code,
relating to class size reduction, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 193, as amended, Lowenthal. Class size reduction: Long Beach
Unified School District.
   Existing law allows a school district that maintains kindergarten
or grades 1 to 3, inclusive, to apply to the Superintendent of Public
Instruction for an apportionment to implement a K-3 Class Size
Reduction Program. The purpose of the program is to ensure that
instruction is received in classrooms where there are not more than
20 pupils. The Controller is required to deduct an amount equal to
the amount received by the school district for class size reduction
from the district's next principal apportionment or apportionments of
state funds if the district does not implement its class size
reduction program for all grades and classes for which it received
funding.
   This bill would allow the Long Beach Unified School District to
claim funding for a K-3 Class Size Reduction Program for the 2008-09,
2009-10, 2010-11, and 2011-12 school years based upon enrollment
counts before mandatory closures on Catalina Island resulting from
the October 2007 fire and resultant debris flow hazard due to
weather-related conditions if specified criteria are met. The
district also would be allowed to claim funding for a class size
reduction program if the class size exceeds 20 pupils, or the class
is housed with another class, and specified criteria are met. These
provisions would become inoperative on July 1,  2013
  2012  , and would be repealed on January 1,
 2014   2013  .
   This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
   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.  Section 52124.2 is added to the Education Code, to
read:
   52124.2.  (a) Notwithstanding any other provision of this chapter,
the Long Beach Unified School District may claim funding pursuant to
this chapter for the 2008-09, 2009-10, 2010-11, and 2011-12 school
years based on enrollment counts before the closures on Catalina
Island resulting from the October 2007 fire and resultant debris flow
hazard due to weather-related conditions, if the following criteria
are met:
   (1) The school district submits to the Superintendent a "Request
for Allowance of Attendance Because of Emergency Conditions" pursuant
to Section 46392 and the emergency conditions were caused by a
mandatory closure or closures.
   (2) The school district certifies that it suffered a loss of
enrollment in classes because of a mandatory closure or closures.
   (b) Notwithstanding any other provision of this chapter, the Long
Beach Unified School District may claim funding pursuant to this
chapter for the 2008-09, 2009-10, 2010-11, and 2011-12 school years
for classes in which the K-3 Class Size Reduction Program is
implemented that either exceed 20 pupils or are housed with another
class, if the following conditions are met:
   (1) The school district certifies that the number of pupils
enrolled in a district school increased as a direct result of the
closures on Catalina Island resulting from the October 2007 fire and
resultant debris flow hazard due to weather-related conditions, and
this growth increased the number of pupils enrolled in classes in
which the K-3 Class Size Reduction Program is implemented.
   (2) The school district certifies that it lacked sufficient
classroom space or credentialed teachers to accommodate the
enrollment increase from the closures on Catalina Island resulting
from the October 2007 fire and resultant debris flow hazard due to
weather-related conditions.
   (c) This section shall become inoperative on July 1,  2013
  2012  , and as of January 1,  2014
  2013  , is repealed, unless a later enacted
statute that is enacted before January 1,  2014 
 2013  , deletes or extends the dates on which it becomes
inoperative and is repealed.
  SEC. 2.  The Legislature hereby finds and declares that due to
unique circumstances relating to the Long Beach Unified School
District, a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
  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 provide timely essential relief to the Long Beach
Unified School District that may experience a loss of state funding
as a result of mandatory fire and weather-related school closings on
Catalina Island, it is necessary that this bill take effect
immediately.