Article 2. Specific Costs Mandated By The State of California Government Code >> Division 4. >> Title 2. >> Part 7. >> Chapter 4. >> Article 2.
When a bill is introduced in the Legislature, and each time
a bill is amended, on and after January 1, 1985, the Legislative
Counsel shall determine whether the bill mandates a new program or
higher level of service pursuant to Section 6 of Article XIII B of
the California Constitution. The Legislative Counsel shall make this
determination known in the digest of the bill and shall describe in
the digest the basis for this determination. The determination by the
Legislative Counsel shall not be binding on the commission in making
its determination pursuant to Section 17555.
Whenever the Legislative Counsel determines that a bill will
mandate a new program or higher level of service pursuant to Section
6 of Article XIII B of the California Constitution, the Department
of Finance shall prepare an estimate of the amount of reimbursement
which will be required. This estimate shall be prepared for the
respective committees of each house of the Legislature which consider
taxation measures and appropriation measures and shall be prepared
prior to any hearing on the bill by any such committee.
The estimate required by Section 17576 shall be the amount
estimated to be required during the first fiscal year of a bill's
operation in order to reimburse local agencies and school districts
for costs mandated by the state by the bill.
In the event that a bill is amended on the floor of either
house, whether by adoption of the report of a conference committee or
otherwise, in such a manner as to mandate a new program or higher
level of service pursuant to Section 6 of Article XIII B of the
California Constitution, the Legislative Counsel shall immediately
inform, respectively, the Speaker of the Assembly and the President
of the Senate of that fact. Notification from the Legislative Counsel
shall be published in the journal of the respective houses of the
Legislature.
Any bill introduced or amended for which the Legislative
Counsel has determined the bill will mandate a new program or higher
level of service pursuant to Section 6 of Article XIII B of the
California Constitution shall contain a section specifying that
reimbursement shall be made pursuant to this chapter or that the
mandate is being disclaimed and the reason therefor.
(a) No local agency shall be required to implement or give
effect to any statute or executive order, or portion thereof, during
any fiscal year and for the period immediately following that fiscal
year for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
(1) The statute or executive order, or portion thereof, has been
determined by the Legislature, the commission, or any court to
mandate a new program or higher level of service requiring
reimbursement of local agencies pursuant to Section 6 of Article XIII
B of the California Constitution.
(2) The statute or executive order, or portion thereof, or the
commission's test claim number, has been specifically identified by
the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered to have
been specifically identified by the Legislature only if it has been
included within the schedule of reimbursable mandates shown in the
Budget Act and it is specifically identified in the language of a
provision of the item providing the appropriation for mandate
reimbursements.
(b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify local agencies of any statute or
executive order, or portion thereof, for which operation of the
mandate is suspended because reimbursement is not provided for that
fiscal year pursuant to this section and Section 6 of Article XIII B
of the California Constitution.
(c) Notwithstanding any other provision of law, if a local agency
elects to implement or give effect to a statute or executive order
described in subdivision (a), the local agency may assess fees to
persons or entities which benefit from the statute or executive
order. Any fee assessed pursuant to this subdivision shall not exceed
the costs reasonably borne by the local agency.
(d) This section shall not apply to any state-mandated local
program for the trial courts, as specified in Section 77203.
(e) This section shall not apply to any state-mandated local
program for which the reimbursement funding counts toward the minimum
General Fund requirements of Section 8 of Article XVI of the
Constitution.
(f) All state-mandated local programs suspended in the Budget Act
for the 2012-13 fiscal year shall also be suspended in the 2013-14
and 2014-15 fiscal years.
(a) A school district or community college district shall
not be required to implement or give effect to the statutes, or a
portion of the statutes, identified in subdivision (c) during any
fiscal year and for the period immediately following that fiscal year
for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
(1) The statute or a portion of the statute, has been determined
by the Legislature, the commission, or any court to mandate a new
program or higher level of service requiring reimbursement of school
districts or community college districts pursuant to Section 6 of
Article XIII B of the California Constitution.
(2) The statute, or a portion of the statute, or the test claim
number utilized by the commission, specifically has been identified
by the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered
specifically to have been identified by the Legislature only if it
has been included within the schedule of reimbursable mandates shown
in the Budget Act and it specifically is identified in the language
of a provision of the item providing the appropriation for mandate
reimbursements.
(b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify school districts of any statute or
executive order, or portion thereof, for which reimbursement is not
provided for the fiscal year pursuant to this section.
(c) This section applies only to the following mandates:
(1) School Bus Safety I (CSM-4433) and II (97-TC-22) (Chapter 642
of the Statutes of 1992; Chapter 831 of the Statutes of 1994; and
Chapter 739 of the Statutes of 1997).
(2) County Treasury Withdrawals (96-365-03; and Chapter 784 of the
Statutes of 1995 and Chapter 156 of the Statutes of 1996).
(3) Grand Jury Proceedings (98-TC-27; and Chapter 1170 of the
Statutes of 1996, Chapter 443 of the Statutes of 1997, and Chapter
230 of the Statutes of 1998).
(4) Law Enforcement Sexual Harassment Training (97-TC-07; and
Chapter 126 of the Statutes of 1993).
(5) Health Benefits for Survivors of Peace Officers and
Firefighters (Chapter 1120 of the Statutes of 1996 and 97-TC-25).
(6) Removal of Chemicals (Chapter 1107 of the Statutes of 1984 and
CSM 4211 and 4298).
(7) Scoliosis Screening (Chapter 1347 of the Statutes of 1980 and
CSM 4195).
(8) Pupil Residency Verification and Appeals (Chapter 309 of the
Statutes of 1995 and 96-384-01).
(9) Integrated Waste Management (Chapter 1116 of the Statutes of
1992 and 00-TC-07).
(10) Law Enforcement Jurisdiction Agreements (Chapter 284 of the
Statutes of 1998 and 98-TC-20).
(11) Physical Education Reports (Chapter 640 of the Statutes of
1997 and 98-TC-08).
(12) Sexual Assault Response Procedures (Chapter 423 of the
Statutes of 1990 and 99-TC-12).
(13) Student Records (Chapter 593 of the Statutes of 1989 and
02-TC-34).
(14) Absentee Ballots (Chapter 77 of the Statutes of 1978 and
CSM-3713).
(15) Brendon Maguire Act (Chapter 391 of the Statutes of 1988 and
CSM-4357).
(16) Mandate Reimbursement Process I and II (Chapter 486 of the
Statutes of 1975; Chapter 890 of the Statutes of 2004; CSM-4204;
CSM-4485; and 05-TC-05).
(17) Sex Offenders: Disclosure by Law Enforcement Officers
(Chapters 908 and 909 of the Statutes of 1996; and 97-TC-15).
(a) Funding apportioned pursuant to this section shall
constitute reimbursement pursuant to Section 6 of Article XIII B of
the California Constitution for the performance of any state mandates
included in the statutes and executive orders identified in
subdivision (e).
(b) Any school district, county office of education, or charter
school may elect to receive block grant funding pursuant to this
section.
(c) (1) A school district, county office of education, or charter
school that elects to receive block grant funding pursuant to this
section in a given fiscal year shall submit a letter requesting
funding to the Superintendent of Public Instruction on or before
August 30 of that fiscal year.
(2) The Superintendent of Public Instruction shall, in the month
of November of each year, apportion block grant funding appropriated
pursuant to Item 6100-296-0001 of Section 2.00 of the annual Budget
Act to all school districts, county offices of education, and charter
schools that submitted letters requesting funding in that fiscal
year according to the provisions of that item.
(3) A school district or county office of education that receives
block grant funding pursuant to this section shall not be eligible to
submit claims to the Controller for reimbursement pursuant to
Section 17560 for any costs of any state mandates included in the
statutes and executive orders identified in subdivision (e) incurred
in the same fiscal year during which the school district or county
office of education received funding pursuant to this section.
(d) Block grant funding apportioned pursuant to this section is
subject to annual financial and compliance audits required by Section
41020 of the Education Code.
(e) Block grant funding apportioned pursuant to this section is
specifically intended to fund the costs of the following programs and
activities:
(1) Academic Performance Index (01-TC-22; Chapter 3 of the
Statutes of 1999, First Extraordinary Session; and Chapter 695 of the
Statutes of 2000).
(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of
the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3) AIDS Instruction and AIDS Prevention Instruction (CSM 4422,
99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and
Chapter 403 of the Statutes of 1998).
(4) California State Teachers' Retirement System (CalSTRS) Service
Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383,
634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of
1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the
Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of
1994).
(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and
99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of
the Statutes of 1998; Chapter 34 of the Statutes of 1998; and
Chapter 78 of the Statutes of 1999).
(7) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of
2002).
(8) Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and
1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991;
Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of
1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754
of the Statutes of 2001).
(9) Collective Bargaining (CSM 4425; Chapter 961 of the Statutes
of 1975).
(10) Comprehensive School Safety Plans (98-TC-01 and 99-TC-10;
Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of
1999; and Chapter 828 of the Statutes of 2003).
(11) Consolidation of Annual Parent Notification/Schoolsite
Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09,
00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of
the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter
459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of
1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of
the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters
10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of
1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the
Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998;
Chapter 1 of the Statutes of 1999, First Extraordinary Session;
Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of
2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the
Statutes of 2005).
(12) Consolidation of Law Enforcement Agency Notification and
Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of
1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter
832 of the Statutes of 1999).
(13) Consolidation of Notification to Teachers: Pupils Subject to
Suspension or Expulsion I and II, and Pupil Discipline Records
(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14) Consolidated Suspensions, Expulsions, and Expulsion Appeals
(96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972
and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the
Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 489 of
the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter
147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001)
(CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of
the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter
622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987;
Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of
1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and
Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of
the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter
856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987)
(CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter
498 of the Statutes of 1983).
(15) County Office of Education Fiscal Accountability Reporting
(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters
1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes
of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the
Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993;
Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the
Statutes of 1995).
(16) Criminal Background Checks (97-TC-16; Chapters 588 and 589 of
the Statutes of 1997).
(17) Criminal Background Checks II (00-TC-05; Chapters 594 and 840
of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(18) Developer Fees (02-TC-42; Chapter 955 of the Statutes of
1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of
the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter
1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985;
Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the
Statutes of 1994).
(19) Differential Pay and Reemployment (99-TC-02; Chapter 30 of
the Statutes of 1998).
(20) Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
Chapter 1253 of the Statutes of 1975).
(21) Financial and Compliance Audits (CSM 4498 and CSM 4498-A;
Chapter 36 of the Statutes of 1977).
(22) Graduation Requirements (CSM 4181; Chapter 498 of the
Statutes of 1983).
(23) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of
the Statutes of 1975).
(24) High School Exit Examination (00-TC-06; Chapter 1 of the
Statutes of 1999, First Extraordinary Session; and Chapter 135 of the
Statutes of 1999).
(25) Immunization Records (SB 90-120; Chapter 1176 of the Statutes
of 1977).
(26) Immunization Records--Hepatitis B (98-TC-05; Chapter 325 of
the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter
472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991;
Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of
1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of
the Statutes of 1996; and Chapters 855 and 882 of the Statutes of
1997).
(27) Immunization Records--Pertussis (11-TC-02; Chapter 434 of the
Statutes of 2010).
(28) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and
742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989;
Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes
of 1992).
(29) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of
the Statutes of 1993).
(30) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423
of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and
Chapter 71 of the Statutes of 1995).
(31) Notification of Truancy (CSM 4133; Chapter 498 of the
Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
19 of the Statutes of 1995).
(32) Parental Involvement Programs (03-TC-16; Chapter 1400 of the
Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and
Chapter 1037 of the Statutes of 2002).
(33) Physical Performance Tests (96-365-01; Chapter 975 of the
Statutes of 1995).
(34) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes
of 1978).
(35) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of
1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the
Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321
of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and
Chapter 726 of the Statutes of 1994).
(36) Pupil Health Screenings (CSM 4440; Chapter 1208 of the
Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
750 of the Statutes of 1992).
(37) Pupil Promotion and Retention (98-TC-19; Chapter 100 of the
Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498
of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and
Chapters 742 and 743 of the Statutes of 1998).
(38) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of
the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter
1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993;
Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of
1996; and Chapter 492 of the Statutes of 2000).
(39) Race to the Top (10-TC06; Chapters 2 and 3 of the Statutes of
2009).
(40) School Accountability Report Cards (97-TC-21, 00-TC-09,
00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter
912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994;
Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of
1992; and Chapter 1463 of the Statutes of 1989).
(41) School District Fiscal Accountability Reporting (97-TC-19;
Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of
1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of
the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988;
Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of
1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of
the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994;
and Chapter 525 of the Statutes of 1995).
(42) School District Reorganization (98-TC-24; Chapter 1192 of the
Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(43) Student Records (02-TC-34; Chapter 593 of the Statutes of
1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(44) The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983;
and Chapter 4 of the Statutes of 1999).
(45) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249
of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(46) Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the
Statutes of 1982; Chapter 1514 of the Statutes 1988; and Chapter 914
of the Statutes of 1998).
(47) Williams Case Implementation I, II, and III (05-TC-04,
07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of
2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the
Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(f) Notwithstanding Section 10231.5, on or before November 1 of
each fiscal year, the Superintendent of Public Instruction shall
produce a report that indicates the total amount of block grant
funding each school district, county office of education, and charter
school received in that fiscal year pursuant to this section. The
Superintendent of Public Instruction shall provide this report to the
appropriate fiscal and policy committees of the Legislature, the
Controller, the Department of Finance, and the Legislative Analyst's
Office.
(a) Funding apportioned pursuant to this section shall
constitute reimbursement pursuant to Section 6 of Article XIII B of
the California Constitution for the performance of any state mandates
included in the statutes and executive orders identified in
subdivision (e).
(b) Any community college district may elect to receive block
grant funding pursuant to this section.
(c) (1) A community college district that elects to receive block
grant funding pursuant to this section in a given fiscal year shall
submit a letter requesting funding to the Chancellor of the
California Community Colleges on or before August 30 of that fiscal
year.
(2) The Chancellor of the California Community Colleges shall
apportion, in the month of November of each year, block grant funding
appropriated in Item 6870-296-0001 of Section 2.00 of the annual
Budget Act to all community college districts that submitted letters
requesting funding in that fiscal year according to the provisions of
that item.
(3) A community college district that receives block grant funding
pursuant to this section shall not be eligible to submit claims to
the Controller for reimbursement pursuant to Section 17560 for any
costs of any state mandates included in the statutes and executive
orders identified in subdivision (e) incurred in the same fiscal year
during which the community college district received funding
pursuant to this section.
(d) All funding apportioned pursuant to this section is subject to
annual financial and compliance audits required by Section 84040 of
the Education Code.
(e) Block grant funding apportioned pursuant to this section is
specifically intended to fund the costs of the following programs:
(1) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of
the Statutes of 2000; and Chapter 805 of the Statutes of 2001).
(2) Cal Grants (02-TC-28; Chapter 403 of the Statutes of 2000).
(3) California State Teachers' Retirement System (CalSTRS) Service
Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383,
634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of
1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the
Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(4) Collective Bargaining and Collective Bargaining Agreement
Disclosure (CSM 4425 and 97-TC-08; Chapter 961 of the Statutes of
1975; Chapter 1213 of the Statutes of 1991).
(5) Discrimination Complaint Procedures (02-TC-42 and portions of
02-TC-25 and 02-TC-31; Chapter 1010 of the Statutes of 1976; Chapter
470 of the Statutes of 1981; Chapter 1117 of the Statutes of 1982;
Chapter 143 of the Statutes of 1983; Chapter 1371 of the Statutes of
1984; Chapter 973 of the Statutes of 1988; Chapter 1372 of the
Statutes of 1990; Chapter 1198 of the Statutes of 1991; Chapter 914
of the Statutes of 1998; Chapter 587 of the Statutes of 1999; and
Chapter 1169 of the Statutes of 2002).
(6) Enrollment Fee Collection and Waivers (99-TC-13 and 00-TC-15).
(7) Health Fee Elimination (CSM 4206; Chapter 1 of the Statutes of
1984, Second Extraordinary Session).
(8) Minimum Conditions for State Aid (02-TC-25 and 02-TC-31;
Chapter 802 of the Statutes of 1975; Chapters 275, 783, 1010, and
1176 of the Statutes of 1976; Chapters 36 and 967 of the Statutes of
1977; Chapters 797 and 977 of the Statutes of 1979; Chapter 910 of
the Statutes of 1980; Chapters 470 and 891 of the Statutes of 1981;
Chapters 1117 and 1329 of the Statutes of 1982; Chapters 143 and 537
of the Statutes of 1983; Chapter 1371 of the Statutes of 1984;
Chapter 1467 of the Statutes of 1986; Chapters 973 and 1514 of the
Statutes of 1988; Chapters 1372 and 1667 of the Statutes of 1990;
Chapters 1038, 1188, and 1198 of the Statutes of 1991; Chapters 493
and 758 of the Statutes of 1995; Chapters 365, 914, and 1023 of the
Statutes of 1998; Chapter 587 of the Statutes of 1999; Chapter 187 of
the Statutes of 2000; and Chapter 1169 of the Statutes of 2002).
(9) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes
of 1978).
(10) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of
1985; Chapter 1408 of the Statutes 1988; Chapter 330 of the Statutes
of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the
Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter
726 of the Statutes of 1994).
(11) Reporting Improper Governmental Activities (02-TC-24; Chapter
416 of the Statutes of 2001; and Chapter 81 of the Statutes of
2002).
(12) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249
of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(13) Tuition Fee Waivers (02-TC-21; Chapter 36 of the Statutes of
1977; Chapter 580 of the Statutes of 1980; Chapter 102 of the
Statutes of 1981; Chapter 1070 of the Statutes of 1982; Chapter 753
of the Statutes of 1988; Chapters 424, 900, and 985 of the Statutes
1989; Chapter 1372 of the Statutes of 1990; Chapter 455 of the
Statutes of 1991; Chapter 8 of the Statutes of 1993; Chapter 389 of
the Statutes of 1995; Chapter 438 of the Statutes of 1997; Chapter
952 of the Statutes of 1998; Chapters 571 and 949 of the Statutes of
2000; Chapter 814 of the Statutes of 2001; and Chapter 450 of the
Statutes of 2002).
(f) Notwithstanding Section 10231.5, on or before November 1 of
each fiscal year, the Chancellor of the California Community Colleges
shall produce a report that indicates the total amount of block
grant funding each community college district received in the current
fiscal year pursuant to this section. The chancellor shall provide
this report to the appropriate fiscal and policy committees of the
Legislature, the Controller, the Department of Finance, and the
Legislative Analyst's Office.
(a) (1) For the 2014-15 fiscal year, the sum of two
hundred eighty-seven million one hundred forty-nine thousand dollars
($287,149,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for allocation to school
districts in the manner, and for the purposes, set forth in this
section.
(2) For the 2014-15 fiscal year, the sum of forty-nine million
five hundred thousand dollars ($49,500,000) is hereby appropriated
from the General Fund to the Chancellor of the California Community
Colleges for allocation to community college districts in the manner,
and for the purposes, set forth in this section.
(3) For purposes of this section, a school district includes a
county office of education and a charter school.
(b) (1) The Superintendent of Public Instruction shall allocate
the funds appropriated pursuant to paragraph (1) of subdivision (a),
and the funds appropriated for purposes of this section pursuant to
Item 6110-488 of Section 2.00 of the Budget Act of 2014, to school
districts on the basis of an equal amount per unit of regular average
daily attendance, as those average daily attendance numbers are
reported at the time of the second principal apportionment for the
2013-14 fiscal year.
(2) The Chancellor shall allocate the funds appropriated pursuant
to paragraph (2) of subdivision (a) to community college districts on
the basis of an equal amount per enrolled full-time equivalent
student, as those numbers of students are reported at the time of the
second principal apportionment for the 2013-14 fiscal year.
(c) Allocations made pursuant to this section shall first satisfy
any outstanding claims pursuant to Section 6 of Article XIII B of the
California Constitution for reimbursement of state-mandated local
program costs for any fiscal year. Notwithstanding Section 12419.5
and any amounts that are paid in satisfaction of outstanding claims
for reimbursement of state-mandated local program costs, the
Controller may audit any claim as allowed by law, and may recover any
amount owed by school districts or community college districts
pursuant to an audit only by reducing amounts owed by the state to
school districts or community college districts for any other mandate
claims. Under no circumstances shall a school district or community
college district be required to remit funding back to the state to
pay for disallowed costs identified by a Controller audit of claimed
reimbursable state-mandated local program costs. The Controller shall
not recover any amount owed by a school district or community
college district pursuant to an audit of claimed reimbursable
state-mandated local program costs by reducing any amount owed a
school district or community college district for any purpose other
than amounts owed for any other mandate claims. The Controller shall
apply amounts received by each school district or community college
district against any balances of unpaid claims for reimbursement of
state-mandated local program costs and interest in chronological
order beginning with the earliest claim. The Controller shall report
to each school district and community college district the amounts of
any claims and interest that are offset from funds provided pursuant
to this section, and shall report a summary of the amounts offset
for each mandate for each fiscal year to the Department of Finance
and the fiscal committees of the Legislature.
(d) (1) The governing board of a school district or community
college district may expend funds received pursuant to this section
for any one-time purpose, as determined by the governing board.
(2) It is the intent of the Legislature that school districts will
prioritize the use of these one-time funds for professional
development, instructional materials, technology infrastructure, and
any other investments necessary to support implementation of the
common core standards in English language arts and mathematics, the
implementation of English language development standards, and the
implementation of the Next Generation Science standards.
(a) (1) The sum of three billion ninety-eight million four
hundred fifty-five thousand dollars ($3,098,455,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction for allocation to school districts and county
superintendents of schools in the manner, and for the purposes, set
forth in this section.
(2) The sum of six hundred four million forty-three thousand
dollars ($604,043,000) is hereby appropriated from the General Fund
to the Chancellor of the California Community Colleges for allocation
to community college districts in the manner, and for the purposes,
set forth in this section.
(3) For purposes of this section, a school district includes a
county office of education and a charter school.
(b) (1) (A) The Superintendent of Public Instruction shall
allocate forty million dollars ($40,000,000) of the funds
appropriated pursuant to paragraph (1) of subdivision (a) to county
superintendents of schools, as follows:
(i) Each county superintendent of schools shall be allocated the
greater of: (i) thirty thousand dollars ($30,000), multiplied by the
number of school districts for which the county superintendent of
schools has jurisdiction pursuant to Section 1253 of the Education
Code; or (ii) eighty thousand dollars ($80,000).
(ii) After the allocations pursuant to subparagraph (A), the
balance shall be allocated in an equal amount per unit of regular
average daily attendance, as those average daily attendance numbers
are reported at the time of the second principal apportionment for
the 2014-15 fiscal year.
(B) For purposes of allocating funding pursuant to this paragraph
only, "regular average daily attendance" means the aggregate number
of units of average daily attendance within the county attributable
to all school districts for which the county superintendent of
schools has jurisdiction pursuant to Section 1253 of the Education
Code, charter schools within the county, and the schools operated by
the county superintendent of schools.
(2) It is the intent of the Legislature that county offices of
education will prioritize the use of funds allocated pursuant to
paragraph (1) for investments necessary to support new
responsibilities required under the evolving accountability structure
of the local control funding formula and develop greater capacity
and consistency within and between county offices of education. A
county office of education may encumber funds apportioned pursuant to
this section at any time during the 2015-16 or 2016-17 fiscal year.
(3) The Superintendent shall allocate three billion fifty-eight
million four hundred fifty-five thousand dollars ($3,058,455,000) of
the funds appropriated pursuant to paragraph (1) of subdivision (a)
to school districts on the basis of an equal amount per unit of
regular average daily attendance, as those average daily attendance
numbers are reported at the time of the second principal
apportionment for the 2014-15 fiscal year.
(c) The Chancellor of the California Community Colleges shall
allocate the funds appropriated pursuant to paragraph (2) of
subdivision (a) to community college districts on the basis of an
equal amount per enrolled full-time equivalent student, as those
numbers of students are reported at the time of the second principal
apportionment for the 2014-15 fiscal year.
(d) Allocations made pursuant to this section shall first satisfy
any outstanding claims pursuant to Section 6 of Article XIII B of the
California Constitution for reimbursement of state-mandated local
program costs for any fiscal year. Notwithstanding Section 12419.5
and any amounts that are paid in satisfaction of outstanding claims
for reimbursement of state-mandated local program costs, the
Controller may audit any claim as allowed by law, and may recover any
amount owed by school districts or community college districts
pursuant to an audit only by reducing amounts owed by the state to
school districts or community college districts for any other mandate
claims. Under no circumstances shall a school district or community
college district be required to remit funding back to the state to
pay for disallowed costs identified by a Controller audit of claimed
reimbursable state-mandated local program costs. The Controller shall
not recover any amount owed by a school district or community
college district pursuant to an audit of claimed reimbursable
state-mandated local program costs by reducing any amount owed a
school district or community college district for any purpose other
than amounts owed for any other mandate claims. The Controller shall
apply amounts received by each school district or community college
district against any balances of unpaid claims for reimbursement of
state-mandated local program costs and interest in chronological
order beginning with the earliest claim. The Controller shall report
to each school district and community college district the amounts of
any claims and interest that are offset from funds provided pursuant
to this section, and shall report a summary of the amounts offset
for each mandate for each fiscal year to the Department of Finance
and the fiscal committees of the Legislature.
(e) (1) The governing board of a school district or community
college district may expend the one-time funds received pursuant to
this section for any purpose, as determined by the governing board.
(2) It is the intent of the Legislature that school districts
shall prioritize the use of these one-time funds for professional
development, induction for beginning teachers with a focus on
relevant mentoring, instructional materials, technology
infrastructure, and any other investments necessary to support
implementation of the common core standards in English language arts
and mathematics, the implementation of English language development
standards, and the implementation of the Next Generation Science
standards.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, three hundred nineteen
million two hundred thirty-one thousand dollars ($319,231,000) of
the appropriations made by subdivision (a) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
2013-14 fiscal year, and included within 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 subdivision (e) of Section 41202 of the Education Code,
for the 2013-14 fiscal year.
(g) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, ninety-three million
five hundred twenty-nine thousand dollars ($93,529,000) of the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2013-14 fiscal year, and included within 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 subdivision (e) of Section 41202 of the Education
Code, for the 2013-14 fiscal year.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, two billion seven
hundred forty-eight million three hundred forty-nine thousand dollars
($2,748,349,000) of the appropriations made by subdivision (a) shall
be deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the 2014-15 fiscal year, and included within 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 subdivision (e) of Section 41202 of
the Education Code, for the 2014-15 fiscal year.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, three hundred
ninety-three million two hundred twenty thousand dollars
($393,220,000) of the appropriations made by subdivision (a) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202 of
the Education Code, for the 2014-15 fiscal year, and included within
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 subdivision (e) of Section 41202 of
the Education Code, for the 2014-15 fiscal year.
(j) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, one hundred seventeen
million two hundred ninety-four thousand dollars ($117,294,000) of
the appropriations made by subdivision (a) shall be deemed to be
"General Fund revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202 of the Education
Code, for the 2015-16 fiscal year, and included within 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 subdivision (e) of Section 41202 of the Education
Code, for the 2015-16 fiscal year.
(k) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, thirty million eight
hundred seventy-five thousand dollars ($30,875,000) of the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within 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 subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.