Bill Text: CA SB84 | 2009-2010 | Regular Session | Enrolled

California Senate Bill 84 (Prior Session Legislation)

Bill Title: Education finance.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB84 Detail]

Download: California-2009-SB84-Enrolled.html

BILL NUMBER: SB 84	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2009
	AMENDED IN ASSEMBLY  SEPTEMBER 10, 2009
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009

INTRODUCED BY   Senator Steinberg
   (Principal coauthor: Assembly Member Bass)
   (Coauthors: Senators Florez, Hancock, and Romero)
   (Coauthors: Assembly Members Brownley, Carter, De Leon, Torlakson,
and V. Manuel Perez)

                        JANUARY 20, 2009

   An act to amend Section 39 of Chapter 2 of the Fourth
Extraordinary Session of the Statutes of 2009, relating to education
finance, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 84, Steinberg. Education finance.
   Existing law appropriates the sum of $402,000,000 from the General
Fund to the Superintendent of Public Instruction for the 2009-10
fiscal year to be allocated to schoolsites selected to participate in
the Quality Education Investment Act program, as specified. Existing
law requires the Superintendent, for each school district and
chartering authority receiving an allocation pursuant to these
provisions, to reduce its revenue limit or its general purpose
entitlement, as specified, for the 2009-10 school year by the amount
of the allocation received pursuant to these provisions.
   This bill would condition this reduction upon certification by the
Superintendent that an equivalent amount of additional federal or
state funds that may be used by a school district or chartering
authority for revenue limit or general purpose uses have been made
available to the school district or chartering authority. The bill
would require the Superintendent of Public Instruction and the
Director of Finance to report to the Legislature by March 1, 2010,
the amount of the reductions specified in the bill that will not be
eligible for restoration with available federal funding.
   The bill would require the Superintendent of Public Instruction to
use $64,872,000 in federal funds, as specified, in combination with
other available funds, for the purpose of awarding grants to local
educational agencies that participate in the Quality Education
Investment Act Program in the 2009-10 fiscal year, thereby making an
appropriation.
   Appropriation: yes.


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

  SECTION 1.  Section 39 of Chapter 2 of the Fourth Extraordinary
Session of the Statutes of 2009, is amended to read:
  Sec. 39.  (a) (1) The sum of four hundred two million dollars
($402,000,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for the 2009-10 fiscal year to
be allocated to schoolsites selected to participate in the Quality
Education Investment Act program pursuant to Section 52055.730 of the
Education Code. Local educational agencies shall receive funding, on
behalf of funded schools, at the rates established pursuant to
subdivisions (a) and (i) of Section 52055.770 of the Education Code.
Local educational agencies and school sites receiving this funding
shall comply with all of the requirements of the Quality Education
Investment Act program specified in Article 3.7 (commencing with
Section 52055.700) of Chapter 6.1 of Part 28 of Division 4 of Title 2
of the Education Code.
   (2) Notwithstanding Section 52055.770 of the Education Code, for
purposes of making the computations required by Section 8 of Article
XVI of the California Constitution, the appropriation made by this
subdivision shall be included in the "total allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B," as defined in
Section 41202 of the Education Code for the 2009-10 fiscal year.
   (3) Notwithstanding any other provision of law, the appropriation
made in this subdivision shall be in lieu of the appropriation
required by subparagraph (B) of paragraph (2) of subdivision (c) of
Section 52055.770 of the Education Code for the 2009-10 fiscal year.
   (b) For each school district and chartering authority receiving an
allocation pursuant to subdivision (a), the Superintendent of Public
Instruction shall reduce its revenue limit determined pursuant to
Section 42238 of the Education Code or its general purpose
entitlement determined pursuant to Section 47633 of the Education
Code, as applicable, for the 2009-10 fiscal year by the amount of the
allocation received pursuant to subdivision (a). However, the
reduction shall occur only upon determination by the Superintendent
of Public Instruction and the Director of Finance that an equivalent
amount of additional federal or state funds that may be used by
school districts and chartering authorities for the same purposes as
funds received pursuant to Sections 42238 and 47633 of the Education
Code have been made available to that school district or chartering
authority.
   (c) Notwithstanding any other provision of law, local educational
agencies that participated in the Quality Education Investment Act
Program in the 2009-10 fiscal year may, on behalf of eligible
schoolsites, apply to the State Department of Education for grants
provided to the state pursuant to subsections (a) and (g) of Section
1003 of Title I of the Elementary and Secondary Education Act (20
U.S.C. Sec. 6303 et seq.) and for moneys reserved by the state
pursuant to subsection (g) of Section 1003 of Title I of the
Elementary and Secondary Education Act. The State Department of
Education shall award grants to schoolsites during the 2009-10 fiscal
year from funds provided pursuant to subsection (a) or subsection
(g), as appropriate, of Section 1003 of Title I of the Elementary and
Secondary Education Act, which apply for these funds pursuant to
this subdivision and meet all of the eligibility requirements for the
receipt of these funds.
   (d) The Superintendent of Public Instruction and the Director of
Finance shall report to the Legislature the amount of the reductions
specified in subdivision (b), if any, that will not be eligible for
restoration with available federal funding by March 1, 2010.
   (e) The Superintendent of Public Instruction shall use sixty-four
million eight hundred seventy-two thousand dollars ($64,872,000) in
one-time carryover funds provided to the state under subsection (a)
of Section 1003 of Title I of the Elementary and Secondary Education
Act (20 U.S.C. Sec. 6303 et seq.), as appropriated pursuant to
Provision 7 of Item 6110-134-0890 of Chapter 1 of the Third
Extraordinary Session of the Statutes of 2009, in combination with
other available funds, for the purpose of awarding grants to local
educational agencies that participate in the Quality Education
Investment Act Program in the 2009-10 fiscal year.
   (f) It is the intent of the Legislature that the first priority
for a source of funding to restore the reductions specified in
subdivision (b) shall be federal funds.