Article 2. Apportionments And Revenue Control of California Education Code >> Division 3. >> Title 2. >> Part 24. >> Chapter 7. >> Article 2.
(a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for a fiscal year shall be determined
by adding to the base revenue limit for the prior fiscal year the
following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount per unit of average
daily attendance received in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(6) For the 2004-05 fiscal year, the equalization adjustment
specified in Section 42238.44.
(7) For the 2006-07 fiscal year, the equalization adjustment
specified in Section 42238.48.
(8) For the 2011-12 fiscal year, the equalization adjustment
specified in Section 42238.49.
(c) (1) (A) For the 2010-11 fiscal year, the Superintendent shall
compute an add-on for each school district by adding the inflation
adjustment specified in Section 42238.1 to the adjustment specified
in Section 42238.485.
(B) For the 2011-12 fiscal year and each fiscal year thereafter,
the Superintendent shall compute an add-on for each school district
by adding the inflation adjustment specified in Section 42238.1 to
the amount computed pursuant to this paragraph for the prior fiscal
year.
(2) Commencing with the 2010-11 fiscal year, the Superintendent
shall compute an add-on for each school district by dividing each
school district's fiscal year average daily attendance computed
pursuant to Section 42238.5 by the total adjustments in funding for
each district made for the 2007-08 fiscal year pursuant to Section
42238.22 as it read on January 1, 2009.
(d) The sum of the base revenue limit computed pursuant to
subdivision (b) and the add-on computed pursuant to subdivision (c)
shall be multiplied by the district average daily attendance computed
pursuant to Section 42238.5.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (2) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately before the enactment of Chapter 330 of the Statutes of
1982 was in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 was in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for either of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by a single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent with the approval of the Director
of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent.
(h) The Superintendent shall apportion to each school district the
amount determined in this section less the sum of:
(1) The school district's property tax revenue received pursuant
to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing
with Section 95) of Part 0.5 of Division 1 of the Revenue and
Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) (A) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), except for any amount received
pursuant to Section 33401 or 33676 of the Health and Safety Code that
is used for land acquisition, facility construction, facility
reconstruction, facility remodeling, maintenance, or deferred
maintenance, and except for any amount received pursuant to Section
33492.15 of, paragraph (4) of subdivision (a) of Section 33607.5 of,
or Section 33607.7 of, the Health and Safety Code that is allocated
exclusively for educational facilities.
(B) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, and 34188 of the Health and Safety Code.
(C) The amount, if any, received pursuant to subparagraph (B) of
paragraph (3) of subdivision (e) of Section 36 of Article XIII of the
California Constitution.
(7) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the department pursuant to Section 47633, multiplied by the
average daily attendance, in corresponding grade level ranges, of any
pupils who attend charter schools funded pursuant to Chapter 6
(commencing with Section 47630) of Part 26.8 of Division 4 for which
the school district is the sponsoring local educational agency, as
defined in Section 47632, and who reside in and would otherwise have
been eligible to attend a noncharter school of the school district.
(i) A transfer of pupils of grades 7 and 8 between an elementary
school district and a high school district shall not result in the
receiving school district receiving a revenue limit apportionment for
those pupils that exceeds 105 percent of the statewide average
revenue limit for the type and size of the receiving school district.
(j) Commencing with the 2013-14 fiscal year, this section shall be
used only for purposes of allocating revenues received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(k) This section shall become inoperative on July 1, 2021, and, as
of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.
For purposes of Section 42238.02, the following
definitions shall apply:
(a) "Eligible for free or reduced-price meals" means determined to
meet federal income eligibility criteria, either through completing
an application for the federal National School Lunch Program or
through an alternative household income data collection form, or
deemed to be categorically eligible for free or reduced-price meals
under the federal National School Lunch Program, as described in Part
245 of Title 7 of the Code of Federal Regulations.
(1) A school participating in a special assistance alternative
authorized by Section 11(a)(1) of the Richard B. Russell National
School Lunch Act (Public Law 113-79), including Provision 2,
Provision 3, or the Community Eligibility Provision, may establish a
base year for purposes of the local control funding formula by
determining the pupils at the school who are eligible for free or
reduced-price meals and using each pupil's eligibility status in that
base year to report eligibility for up to each of the following
three school years. The school may include between base year
eligibility determinations, any newly enrolled pupils who are
determined to be eligible for free or reduced-price meals or any
current pupils found to be newly eligible for free or reduced-price
meals as identified through a local or state direct certification
match or another categorical designation.
(2) A school that uses the special assistance alternative shall
maintain information on each pupil's eligibility status and annually
submit information on that status in the California Longitudinal
Pupil Achievement Data System pursuant to paragraph (2) of
subdivision (b) of Section 42238.02 or subparagraph (A) of paragraph
(3) of subdivision (b) of Section 2574, as applicable.
(3) For a pupil who transfers to a school using a special
assistance alternative and who is transferring between schools within
the same school district, documentation supporting eligibility for
that pupil for purposes of the local control funding formula may be
transferred from the pupil's old school to the pupil's new school, as
long as the documentation supporting eligibility for that pupil is
less than four years old and is updated at least once every four
years.
(4) To the extent permitted by federal law, a school may choose to
establish a new base year for purposes of the federal National
School Lunch Program at the same time the school establishes a new
base year for purposes of the local control funding formula. A school
may use federal National School Lunch Program application forms to
collect household income data as permitted under the federal National
School Lunch Program. If the use of federal National School Lunch
Program application forms is not permitted, a school shall use
alternative household income data collection forms.
(5) An alternative household income data collection form shall be
confidential and shall not be shared by the school other than as
necessary for purposes of determining funding allocations under the
local control funding formula and for assessing the accountability of
that funding. An alternative household income data collection form
shall contain, at a minimum, all of the following information:
(A) Information sufficient to identify the pupil or pupils.
(B) Information sufficient to determine that the pupil or
household meets federal income eligibility criteria sufficient to
qualify for either a free or reduced-priced meal under the Richard B.
Russell National School Lunch Act (Public Law 113-79).
(C) Certification that the information is true and correct by the
pupil's adult household member.
(6) Paragraphs (1) and (3) are effective commencing with the
2014-15 fiscal year.
(b) "Foster youth" means any of the following:
(1) A child who is the subject of a petition filed pursuant to
Section 300 of the Welfare and Institutions Code, whether or not the
child has been removed from his or her home by the juvenile court
pursuant to Section 319 or 361 of the Welfare and Institutions Code.
(2) A child who is the subject of a petition filed pursuant to
Section 602 of the Welfare and Institutions Code, has been removed
from his or her home by the juvenile court pursuant to Section 727 of
the Welfare and Institutions Code, and is in foster care as defined
by subdivision (d) of Section 727.4 of the Welfare and Institutions
Code.
(3) A nonminor under the transition jurisdiction of the juvenile
court, as described in Section 450 of the Welfare and Institutions
Code, who satisfies all of the following criteria:
(A) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, and not more than 21 years of age,
on or after January 1, 2014, and as described in Section 10103.5 of
the Welfare and Institutions Code.
(B) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1 of the Welfare and Institutions Code.
(C) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675), as contained in the federal
Fostering Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403 of the Welfare
and Institutions Code.
(c) "Pupils of limited English proficiency" means pupils who do
not have the clearly developed English language skills of
comprehension, speaking, reading, and writing necessary to receive
instruction only in English at a level substantially equivalent to
pupils of the same age or grade whose primary language is English.
"English learner" shall have the same meaning as provided for in
subdivision (a) of Section 306 and as "pupils of limited English
proficiency."
(a) The amount computed pursuant to this section shall be
known as the school district and charter school local control
funding formula.
(b) (1) For purposes of this section "unduplicated pupil" means a
pupil enrolled in a school district or a charter school who is either
classified as an English learner, eligible for a free or
reduced-price meal, or is a foster youth. A pupil shall be counted
only once for purposes of this section if any of the following apply:
(A) The pupil is classified as an English learner and is eligible
for a free or reduced-price meal.
(B) The pupil is classified as an English learner and is a foster
youth.
(C) The pupil is eligible for a free or reduced-price meal and is
classified as a foster youth.
(D) The pupil is classified as an English learner, is eligible for
a free or reduced-price meal, and is a foster youth.
(2) Under procedures and timeframes established by the
Superintendent, commencing with the 2013-14 fiscal year, a school
district or charter school shall annually submit its enrolled free
and reduced-price meal eligibility, foster youth, and English learner
pupil-level records for enrolled pupils to the Superintendent using
the California Longitudinal Pupil Achievement Data System.
(3) (A) Commencing with the 2013-14 fiscal year, a county office
of education shall review and validate certified aggregate English
learner, foster youth, and free or reduced-price meal eligible pupil
data for school districts and charter schools under its jurisdiction
to ensure the data is reported accurately. The Superintendent shall
provide each county office of education with appropriate access to
school district and charter school data reports in the California
Longitudinal Pupil Achievement Data System for purposes of ensuring
data reporting accuracy.
(B) The Controller shall include the instructions necessary to
enforce paragraph (2) in the audit guide required by Section 14502.1.
The instructions shall include, but are not necessarily limited to,
procedures for determining if the English learner, foster youth, and
free or reduced-price meal eligible pupil counts are consistent with
the school district's or charter school's English learner, foster
youth, and free or reduced-price meal eligible pupil records.
(4) The Superintendent shall make the calculations pursuant to
this section using the data submitted by local educational agencies,
including charter schools, through the California Longitudinal Pupil
Achievement Data System. Under timeframes and procedures established
by the Superintendent, school districts and charter schools may
review and revise their submitted data on English learner, foster
youth, and free or reduced-price meal eligible pupil counts to ensure
the accuracy of data reflected in the California Longitudinal Pupil
Achievement Data System.
(5) The Superintendent shall annually compute the percentage of
unduplicated pupils for each school district and charter school by
dividing the enrollment of unduplicated pupils in a school district
or charter school by the total enrollment in that school district or
charter school pursuant to all of the following:
(A) For the 2013-14 fiscal year, divide the sum of unduplicated
pupils for the 2013-14 fiscal year by the sum of the total pupil
enrollment for the 2013-14 fiscal year.
(B) For the 2014-15 fiscal year, divide the sum of unduplicated
pupils for the 2013-14 and 2014-15 fiscal years by the sum of the
total pupil enrollment for the 2013-14 and 2014-15 fiscal years.
(C) For the 2015-16 fiscal year and each fiscal year thereafter,
divide the sum of unduplicated pupils for the current fiscal year and
the two prior fiscal years by the sum of the total pupil enrollment
for the current fiscal year and the two prior fiscal years.
(D) (i) For purposes of the quotients determined pursuant to
subparagraphs (B) and (C), the Superintendent shall use a school
district's or charter school's enrollment of unduplicated pupils and
total pupil enrollment in the 2014-15 fiscal year instead of the
enrollment of unduplicated pupils and total pupil enrollment in the
2013-14 fiscal year if doing so would yield an overall greater
percentage of unduplicated pupils.
(ii) It is the intent of the Legislature to review each school
district and charter school's enrollment of unduplicated pupils for
the 2013-14 and 2014-15 fiscal years and provide one-time funding, if
necessary, for a school district or charter school with higher
enrollment of unduplicated pupils in the 2014-15 fiscal year as
compared to the 2013-14 fiscal year.
(6) The data used to determine the percentage of unduplicated
pupils shall be final once that data is no longer used in the current
fiscal year calculation of the percentage of unduplicated pupils.
This paragraph does not apply to a change that is the result of an
audit that has been appealed pursuant to Section 41344.
(c) Commencing with the 2013-14 fiscal year and each fiscal year
thereafter, the Superintendent shall annually calculate a local
control funding formula grant for each school district and charter
school in the state pursuant to this section.
(d) The Superintendent shall compute a grade span adjusted base
grant equal to the total of the following amounts:
(1) For the 2013-14 fiscal year, a base grant of:
(A) Six thousand eight hundred forty-five dollars ($6,845) for
average daily attendance in kindergarten and grades 1 to 3,
inclusive.
(B) Six thousand nine hundred forty-seven dollars ($6,947) for
average daily attendance in grades 4 to 6, inclusive.
(C) Seven thousand one hundred fifty-four dollars ($7,154) for
average daily attendance in grades 7 and 8.
(D) Eight thousand two hundred eighty-nine dollars ($8,289) for
average daily attendance in grades 9 to 12, inclusive.
(2) In each year the grade span adjusted base grants in paragraph
(1) shall be adjusted by the percentage change in the annual average
value of the Implicit Price Deflator for State and Local Government
Purchases of Goods and Services for the United States, as published
by the United States Department of Commerce for the 12-month period
ending in the third quarter of the prior fiscal year. This percentage
change shall be determined using the latest data available as of May
10 of the preceding fiscal year compared with the annual average
value of the same deflator for the 12-month period ending in the
third quarter of the second preceding fiscal year, using the latest
data available as of May 10 of the preceding fiscal year, as reported
by the Department of Finance.
(3) (A) The Superintendent shall compute an additional adjustment
to the kindergarten and grades 1 to 3, inclusive, base grant as
adjusted for inflation pursuant to paragraph (2) equal to 10.4
percent. The additional grant shall be calculated by multiplying the
kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by
paragraph (2), by 10.4 percent.
(B) Until paragraph (4) of subdivision (b) of Section 42238.03 is
effective, as a condition of the receipt of funds in this paragraph,
a school district shall make progress toward maintaining an average
class enrollment of not more than 24 pupils for each schoolsite in
kindergarten and grades 1 to 3, inclusive, unless a collectively
bargained alternative annual average class enrollment for each
schoolsite in those grades is agreed to by the school district,
pursuant to the following calculation:
(i) Determine a school district's average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, in the
prior year. For the 2013-14 fiscal year, this amount shall be the
average class enrollment for each schoolsite for kindergarten and
grades 1 to 3, inclusive, in the 2012-13 fiscal year.
(ii) Determine a school district's proportion of total need
pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
(iii) Determine the percentage of the need calculated in clause
(ii) that is met by funding provided to the school district pursuant
to paragraph (3) of subdivision (b) of Section 42238.03.
(iv) Determine the difference between the amount computed pursuant
to clause (i) and an average class enrollment of not more than 24
pupils.
(v) Calculate a current year average class enrollment adjustment
for each schoolsite for kindergarten and grades 1 to 3, inclusive,
equal to the adjustment calculated in clause (iv) multiplied by the
percentage determined pursuant to clause (iii).
(C) School districts that have an average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24
pupils or less for each schoolsite in the 2012-13 fiscal year, shall
be exempt from the requirements of subparagraph (B) so long as the
school district continues to maintain an average class enrollment for
each schoolsite for kindergarten and grades 1 to 3, inclusive, of
not more than 24 pupils, unless a collectively bargained alternative
ratio is agreed to by the school district.
(D) Upon full implementation of the local control funding formula,
as a condition of the receipt of funds in this paragraph, all school
districts shall maintain an average class enrollment for each
schoolsite for kindergarten and grades 1 to 3, inclusive, of not more
than 24 pupils for each schoolsite in kindergarten and grades 1 to
3, inclusive, unless a collectively bargained alternative ratio is
agreed to by the school district.
(E) The average class enrollment requirement for each schoolsite
for kindergarten and grades 1 to 3, inclusive, established pursuant
to this paragraph shall not be subject to waiver by the state board
pursuant to Section 33050 or by the Superintendent.
(F) The Controller shall include the instructions necessary to
enforce this paragraph in the audit guide required by Section
14502.1. The instructions shall include, but are not necessarily
limited to, procedures for determining if the average class
enrollment for each schoolsite for kindergarten and grades 1 to 3,
inclusive, exceeds 24 pupils, or an alternative average class
enrollment for each schoolsite pursuant to a collectively bargained
alternative ratio. The procedures for determining average class
enrollment for each schoolsite shall include criteria for employing
sampling.
(4) The Superintendent shall compute an additional adjustment to
the base grant for grades 9 to 12, inclusive, as adjusted for
inflation pursuant to paragraph (2), equal to 2.6 percent. The
additional grant shall be calculated by multiplying the base grant
for grades 9 to 12, inclusive, as adjusted by paragraph (2), by 2.6
percent.
(e) The Superintendent shall compute a supplemental grant add-on
equal to 20 percent of the base grants as specified in subparagraphs
(A) to (D), inclusive, of paragraph (1) of subdivision (d), as
adjusted by paragraphs (2) to (4), inclusive, of subdivision (d), for
each school district's or charter school's percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b). The supplemental grant shall be calculated by
multiplying the base grants as specified in subparagraphs (A) to (D),
inclusive, of paragraph (1), as adjusted by paragraphs (2) to (4),
inclusive, of subdivision (d), by 20 percent and by the percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in that school district or charter school. The
supplemental grant shall be expended in accordance with the
regulations adopted pursuant to Section 42238.07.
(f) (1) The Superintendent shall compute a concentration grant
add-on equal to 50 percent of the base grants as specified in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
(d), for each school district's or charter school's percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in excess of 55 percent of the school district's or
charter school's total enrollment. The concentration grant shall be
calculated by multiplying the base grants as specified in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
(d), by 50 percent and by the percentage of unduplicated pupils
calculated pursuant to paragraph (5) of subdivision (b) in excess of
55 percent of the total enrollment in that school district or charter
school.
(2) (A) For a charter school physically located in only one school
district, the percentage of unduplicated pupils calculated pursuant
to paragraph (5) of subdivision (b) in excess of 55 percent used to
calculate concentration grants shall not exceed the percentage of
unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b) in excess of 55 percent of the school district in
which the charter school is physically located. For a charter school
physically located in more than one school district, the charter
school's percentage of unduplicated pupils calculated pursuant to
paragraph (5) of subdivision (b) in excess of 55 percent used to
calculate concentration grants shall not exceed that of the school
district with the highest percentage of unduplicated pupils
calculated pursuant to paragraph (5) of subdivision (b) in excess of
55 percent of the school districts in which the charter school has a
school facility. The concentration grant shall be expended in
accordance with the regulations adopted pursuant to Section 42238.07.
(B) For purposes of this paragraph and subparagraph (A) of
paragraph (1) of subdivision (f) of Section 42238.03, a charter
school shall report its physical location to the department under
timeframes established by the department. For a charter school
authorized by a school district, the department shall include the
authorizing school district in the department's determination of
physical location. For a charter school authorized on appeal pursuant
to subdivision (j) of Section 47605, the department shall include
the sponsoring school district in the department's determination of
physical location. The reported physical location of the charter
school shall be considered final as of the second principal
apportionment for that fiscal year. For purposes of this paragraph,
the percentage of unduplicated pupils of the school district
associated with the charter school pursuant to subparagraph (A) shall
be considered final as of the second principal apportionment for
that fiscal year.
(g) The Superintendent shall compute an add-on to the total sum of
a school district's or charter school's base, supplemental, and
concentration grants equal to the amount of funding a school district
or charter school received from funds allocated pursuant to the
Targeted Instructional Improvement Block Grant program, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2, for the
2012-13 fiscal year, as that article read on January 1, 2013. A
school district or charter school shall not receive a total funding
amount from this add-on greater than the total amount of funding
received by the school district or charter school from that program
in the 2012-13 fiscal year. The amount computed pursuant to this
subdivision shall reflect the reduction specified in paragraph (2) of
subdivision (a) of Section 42238.03.
(h) (1) The Superintendent shall compute an add-on to the total
sum of a school district's or charter school's base, supplemental,
and concentration grants equal to the amount of funding a school
district or charter school received from funds allocated pursuant to
the Home-to-School Transportation program, as set forth in former
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5,
former Article 10 (commencing with Section 41850) of Chapter 5, and
the Small School District Transportation program, as set forth in
former Article 4.5 (commencing with Section 42290), as those articles
read on January 1, 2013, for the 2012-13 fiscal year. A school
district or charter school shall not receive a total funding amount
from this add-on greater than the total amount received by the school
district or charter school for those programs in the 2012-13 fiscal
year. The amount computed pursuant to this subdivision shall reflect
the reduction specified in paragraph (2) of subdivision (a) of
Section 42238.03.
(2) If a home-to-school transportation joint powers agency,
established pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code for
purposes of providing pupil transportation, received an apportionment
directly from the Superintendent from any of the funding sources
specified in paragraph (1) for the 2012-13 fiscal year, the joint
powers agency may identify the member local educational agencies and
transfer entitlement to that funding to any of those member local
educational agencies by reporting to the Superintendent, on or before
September 30, 2015, the reassignment of a specified amount of the
joint powers agency's 2012-13 fiscal year entitlement to the member
local educational agency. Commencing with the 2015-16 fiscal year,
the Superintendent shall compute an add-on to the total sum of a
school district's or charter school's base, supplemental, and
concentrations grants equal to the amount of the entitlement to
funding transferred by the joint powers agency to the member school
district or charter school.
(i) (1) The sum of the local control funding formula rates
computed pursuant to subdivisions (c) to (f), inclusive, shall be
multiplied by:
(A) For school districts, the average daily attendance of the
school district in the corresponding grade level ranges computed
pursuant to Section 42238.05, excluding the average daily attendance
computed pursuant to paragraph (2) of subdivision (a) of Section
42238.05 for purposes of the computation specified in subdivision
(d).
(B) For charter schools, the total current year average daily
attendance in the corresponding grade level ranges.
(2) The amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed pursuant to
paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied
by subparagraph (A) or (B) of paragraph (1), as appropriate.
(j) The Superintendent shall adjust the sum of each school
district's or charter school's amount determined in subdivisions (g)
to (i), inclusive, pursuant to the calculation specified in Section
42238.03, less the sum of the following:
(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), less any amount received pursuant
to Section 33401 or 33676 of the Health and Safety Code that is used
for land acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance and that is not an amount
received pursuant to Section 33492.15, or paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(7) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3)
of subdivision (e) of Section 36 of Article XIII of the California
Constitution.
(k) A school district shall annually transfer to each of its
charter schools funding in lieu of property taxes pursuant to Section
47635.
(l) (1) Nothing in this section shall be interpreted to authorize
a school district that receives funding on behalf of a charter school
pursuant to Section 47651 to redirect this funding for another
purpose unless otherwise authorized in law pursuant to paragraph (2)
or pursuant to an agreement between the charter school and its
chartering authority.
(2) A school district that received funding on behalf of a locally
funded charter school in the 2012-13 fiscal year pursuant to
paragraph (2) of subdivision (b) of Section 42605, Section 42606, and
subdivision (b) of Section 47634.1, as those sections read on
January 1, 2013, or a school district that was required to pass
through funding to a conversion charter school in the 2012-13 fiscal
year pursuant to paragraph (2) of subdivision (b) of Section 42606,
as that section read on January 1, 2013, may annually redirect for
another purpose a percentage of the amount of the funding received on
behalf of that charter school. The percentage of funding that may be
redirected shall be determined pursuant to the following
computation:
(A) (i) Determine the sum of the need fulfilled for that charter
school pursuant to paragraph (3) of subdivision (b) of Section
42238.03 in the then current fiscal year for the charter school.
(ii) Determine the sum of the need fulfilled in every fiscal year
before the then current fiscal year pursuant to paragraph (3) of
subdivision (b) of Section 42238.03 adjusted for changes in average
daily attendance pursuant to paragraph (3) of subdivision (a) of
Section 42238.03 for the charter school.
(iii) Subtract the amount computed pursuant to paragraphs (1) to
(3), inclusive, of subdivision (a) of Section 42238.03 from the
amount computed for that charter school under the local control
funding formula entitlement computed pursuant to subdivision (i) of
this section.
(iv) Compute a percentage by dividing the sum of the amounts
computed to clauses (i) and (ii) by the amount computed pursuant to
clause (iii).
(B) Multiply the percentage computed pursuant to subparagraph (A)
by the amount of funding the school district received on behalf of
the charter school in the 2012-13 fiscal year pursuant to paragraph
(2) of subdivision (b) of Section 42605, Section 42606, and
subdivision (b) of Section 47634.1, as those sections read on January
1, 2013.
(C) The maximum amount that may be redirected shall be the lesser
of the amount of funding the school district received on behalf of
the charter school in the 2012-13 fiscal year pursuant to paragraph
(2) of subdivision (b) of Section 42605, Section 42606, and
subdivision (b) of Section 47634.1, as those sections read on January
1, 2013, or the amount computed pursuant to subparagraph (B).
(3) Commencing with the 2013-14 fiscal year, a school district
operating one or more affiliated charter schools shall provide each
affiliated charter school schoolsite with no less than the amount of
funding the schoolsite received pursuant to the charter school block
grant in the 2012-13 fiscal year.
(m) Any calculations in law that are used for purposes of
determining if a local educational agency is an excess tax school
entity or basic aid school district, including, but not limited to,
this section and Sections 42238.03, 41544, 47632, 47660, 47663,
48310, and 48359.5, and Section 95 of the Revenue and Taxation Code,
shall be made exclusive of the revenue received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(n) The funds apportioned pursuant to this section and Section
42238.03 shall be available to implement the activities required
pursuant to Article 4.5 (commencing with Section 52060) of Chapter
6.1 of Part 28 of Division 4.
(o) A school district that does not receive an apportionment of
state funds pursuant to this section, as implemented pursuant to
Section 42238.03, excluding funds apportioned pursuant to the
requirements of subparagraph (A) of paragraph (2) of subdivision (e)
of Section 42238.03, shall be considered a "basic aid school district"
or an "excess tax entity."
(a) In the 2013-14 fiscal year, the Superintendent shall
compute an economic recovery target rate for each school district
and charter school equal to the sum of the following:
(1) (A) For each school district, the school district's revenue
limit in the 2012-13 fiscal year as computed pursuant to this
article, as this article read on January 1, 2013, divided by the
2012-13 fiscal year average daily attendance of the school district
computed pursuant to Section 42238.05. For purposes of this section,
average daily attendance shall include any applicable revenue limit
average daily attendance and shall be considered final for purposes
of this section as of the annual apportionment for the 2012-13 fiscal
year, as calculated for purposes of the certification required on or
before February 20, 2014, pursuant to Sections 41332 and 41339.
(B) For each charter school, the charter school's general purpose
funding as computed pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4, as that article read
on January 1, 2013, and the in-lieu property tax amount provided to
the charter school pursuant to Section 47635, as that section read on
January 1, 2013, divided by the 2012-13 fiscal year average daily
attendance of the charter school computed pursuant to Section
42238.05. For purposes of this section, average daily attendance
shall include any applicable charter school general purpose funding
average daily attendance and shall be considered final for purposes
of this section as of the annual apportionment for the 2012-13 fiscal
year, as calculated for purposes of the certification required on or
before February 20, 2014, pursuant to Sections 41332 and 41339.
(C) The amounts determined pursuant to subparagraphs (A) and (B)
shall not reflect the deficit factor adjustments set forth in Section
42238.146 as that section read on January 1, 2013.
(D) The amounts determined pursuant to subparagraphs (A) and (B)
shall be adjusted for the cost-of-living adjustment for the 2013-14
fiscal year pursuant to paragraph (2) of subdivision (d) of Section
42238.02 and an annual average cost-of-living adjustment of 1.94
percent for the 2014-15 fiscal year to the 2020-21 fiscal year,
inclusive.
(2) (A) For each school district and charter school, the sum of
the entitlements from items contained in Section 2.00 of the Budget
Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
6110-268-0001, 6360-101-0001, 2012-13 fiscal year funding for the
Class Size Reduction Program pursuant to Chapter 6.10 (commencing
with Section 52120) of Part 28 of Division 4, as it read on January
1, 2013, and 2012-13 fiscal year funding for pupils enrolled in
community day schools who are mandatorily expelled pursuant to
subdivision (d) of Section 48915, divided by the 2012-13 fiscal year
average daily attendance of the school district computed pursuant to
Section 42238.05. For purposes of this subparagraph, 2012-13 fiscal
year entitlements shall be considered final as of the annual
apportionment for the 2012-13 fiscal year, as calculated for purposes
of the certification required on or before February 20, 2014,
pursuant to Sections 41332 and 41339.
(B) The amounts determined pursuant to this subdivision shall not
be adjusted for the reduction set forth in Section 12.42 of the
Budget Act of 2012.
(b) Of the amounts computed for school districts pursuant to
subdivision (a), the Superintendent shall determine the funding rate
per unit of average daily attendance above which fall not more than
10 percent of the total number of school districts statewide.
(c) The Superintendent shall compute a 2020-21 fiscal year local
control funding formula rate for each school district and charter
school equal to the amount computed pursuant to Section 42238.02 for
the 2013-14 fiscal year, adjusted for an annual average
cost-of-living adjustment of 1.94 percent for the 2014-15 fiscal year
to the 2020-21 fiscal year, inclusive, divided by the 2013-14 fiscal
year average daily attendance of the school district or charter
school computed pursuant to Section 42238.05. For purposes of this
subdivision, the amount computed pursuant to Section 42238.02 for the
2013-14 fiscal year shall be considered final as of the second
principal apportionment for the 2013-14 fiscal year, as calculated
for purposes of the certification required on or before July 2, 2014,
pursuant to Sections 41335 and 41339.
(d) (1) For each school district and charter school that has a
funding rate per unit of average daily attendance computed pursuant
to subdivision (a) that is equal to, or below, the funding rate per
unit of average daily attendance determined pursuant to subdivision
(b), the Superintendent shall subtract the amount computed pursuant
to subdivision (c) from the amount computed pursuant to subdivision
(a). Each school district or charter school for which this
calculation yields an amount greater than zero shall be eligible for
an economic recovery target payment equal to the amount of the
difference. A school district or charter school that has a funding
rate per unit of average daily attendance calculated pursuant to
subdivision (a) that exceeds the rate calculated pursuant to
subdivision (b) shall not be eligible for an economic recovery target
payment.
(2) Each school district or charter school eligible for an
economic recovery target payment pursuant to paragraph (1) shall
receive the following apportionments:
(A) For the 2013-14 fiscal year, one-eighth of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(B) For the 2014-15 fiscal year, one-quarter of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(C) For the 2015-16 fiscal year, three-eighths of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(D) For the 2016-17 fiscal year, one-half of the amount calculated
pursuant to paragraph (1) multiplied by the 2012-13 fiscal year
average daily attendance computed pursuant to Section 42238.05.
(E) For the 2017-18 fiscal year, five-eighths of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(F) For the 2018-19 fiscal year, three-quarters of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(G) For the 2019-20 fiscal year, seven-eighths of the amount
calculated pursuant to paragraph (1) multiplied by the 2012-13 fiscal
year average daily attendance computed pursuant to Section 42238.05.
(H) For the 2020-21 fiscal year and each fiscal year thereafter,
the amount calculated pursuant to paragraph (1) multiplied by the
2012-13 fiscal year average daily attendance computed pursuant to
Section 42238.05.
(3) In each fiscal year until a determination has been made that
all school districts and charter schools equal or exceed the local
control funding formula target computed pursuant to Section 42238.02,
as determined by the calculation of a zero difference pursuant to
paragraph (1) of subdivision (b) of Section 42238.03, the economic
recovery target payment apportioned to each eligible school district
or charter school pursuant to paragraph (2) shall be added to the
school district's or charter school's funding amounts that are
continuously appropriated pursuant to subdivision (a) of Section
42238.03 and included in the amount of funding that is subject to
offset pursuant to subdivision (c) of Section 42238.03. The amount
apportioned pursuant to paragraph (2) shall not receive a
cost-of-living adjustment.
(4) Commencing with the first fiscal year in which all school
districts and charter schools are apportioned funding pursuant to
Section 42238.02, the economic recovery target calculated pursuant to
subparagraph (H) of paragraph (2) shall be included as an add-on to
the amounts computed pursuant to subdivisions (c) to (i), inclusive,
of Section 42238.02 and included in the amount of funding that is
subject to offset pursuant to subdivision (j) of Section 42238.02.
The amount included as an add-on pursuant to this paragraph shall not
receive a cost-of-living adjustment.
(a) Commencing with the 2013-14 fiscal year and each
fiscal year thereafter, the Superintendent shall calculate a base
entitlement for the transition to the local control funding formula
for each school district and charter school equal to the sum of the
amounts computed pursuant to paragraphs (1) to (4), inclusive. The
amounts computed pursuant to paragraphs (1) to (4), inclusive, shall
be continuously appropriated pursuant to Section 14002.
(1) The current fiscal year base entitlement funding level shall
be the sum of all of the following:
(A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05. A school district's
2012-13 fiscal year revenue limit funding shall exclude amounts
computed pursuant to Article 4 (commencing with Section 42280). For
purposes of this subparagraph, 2012-13 fiscal year average daily
attendance and 2012-13 fiscal year revenue limits shall be considered
final as of the annual apportionment for the 2012-13 fiscal year, as
calculated for purposes of the certification required on or before
February 20, 2014, pursuant to Sections 41332 and 41339.
(B) (i) For charter schools, general purpose funding in the
2012-13 fiscal year as computed pursuant to Article 2 (commencing
with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
article read on January 1, 2013, and the amount of in-lieu property
tax provided to the charter school pursuant to Section 47635, as that
section read on June 30, 2013, divided by the 2012-13 average daily
attendance of the charter school computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the charter school computed pursuant
to Section 42238.05. For purposes of this subparagraph, 2012-13
fiscal year average daily attendance and 2012-13 fiscal year general
purpose funding, as computed pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
article read on January 1, 2013, shall be considered final as of the
annual apportionment for the 2012-13 fiscal year, as calculated for
purposes of the certification required on or before February 20,
2014, pursuant to Sections 41332 and 41339.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
(D) For school districts, funding for qualifying necessary small
high school and necessary small elementary schools shall be adjusted
to reflect the funding levels that correspond to the 2012-13
necessary small high school and necessary small elementary school
allowances pursuant to Article 4 (commencing with Section 42280) and
former Section 42238.146, as those provisions read on January 1,
2013.
(2) (A) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to former Chapter 6.10 (commencing with
Section 52120) of Part 28 of Division 4, as it read on January 1,
2013, and 2012-13 fiscal year funding for pupils enrolled in
community day schools who are mandatorily expelled pursuant to
subdivision (d) of Section 48915. The entitlement for basic aid
school districts shall include the reduction of 8.92 percent as
applied pursuant to subparagraph (A) of paragraph (1) of subdivision
(a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes
of this subparagraph, 2012-13 fiscal year entitlements shall be
considered final as of the annual apportionment for the 2012-13
fiscal year, as calculated for purposes of the certification required
on or before February 20, 2014, pursuant to Sections 41332 and
41339.
(B) Commencing with the 2014-15 fiscal year, the entitlements
identified in subparagraph (A) shall be adjusted to reflect the
exclusion of one-time redevelopment agency liquid asset recovery
revenue, pursuant to Section 34179.5 and following, of the Health and
Safety Code, before the application of the 8.92-percent reduction
applied pursuant to subparagraph (A) of paragraph (1) of subdivision
(a) of Section 3 of Chapter 2 of the Statutes of 2012.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant to
Section 42238.05. That quotient shall be multiplied by the current
fiscal year average daily attendance of the charter school computed
pursuant to Section 42238.05.
(4) The amount allocated to a school district or charter school
pursuant to paragraph (3) of subdivision (b) for the fiscal years
before the current fiscal year divided by the average daily
attendance of the school district or charter school for the fiscal
years before the current fiscal year computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the school district or charter
school computed pursuant to Section 42238.05. For purposes of this
paragraph, the amount allocated pursuant to paragraph (3) of
subdivision (b) for the fiscal years before the current fiscal year,
and the average daily attendance of the school district or charter
school for the fiscal years before the current fiscal year, as
computed pursuant to Section 42238.05, shall be considered final as
of the third recertification of the annual apportionment.
(5) (A) For the 2013-14 and 2014-15 fiscal years only, a school
district that, in the 2012-13 fiscal year, from any of the funding
sources identified in paragraph (1) or (2), received funds on behalf
of, or provided funds to, a regional occupational center or program
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code for purposes of providing instruction to
secondary pupils shall not redirect that funding for another purpose
unless otherwise authorized in law or pursuant to an agreement
between the regional occupational center or program joint powers
agency and the contracting school district.
(B) For the 2013-14 and 2014-15 fiscal years only, if a regional
occupational center or program joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code for purposes of
providing instruction to pupils enrolled in grades 9 to 12,
inclusive, received, in the 2012-13 fiscal year, an apportionment of
funds directly from any of the funding sources identified in
subparagraph (A) of paragraph (2) of subdivision (a), the
Superintendent shall apportion that same amount to the regional
occupational center or program joint powers agency.
(6) (A) (i) For the 2013-14 and 2014-15 fiscal years only, a
school district that, in the 2012-13 fiscal year, from any of the
funding sources identified in paragraph (1) or (2), received funds on
behalf of, or provided funds to, a home-to-school transportation
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code for purposes of providing pupil transportation
shall not redirect that funding for another purpose unless otherwise
authorized in law or pursuant to an agreement between the
home-to-school transportation joint powers agency and the contracting
school district.
(ii) For the 2013-14 and 2014-15 fiscal years only, if a
home-to-school transportation joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code for purposes of
providing pupil transportation received, in the 2012-13 fiscal year,
an apportionment of funds directly from the Superintendent from any
of the funding sources identified in subparagraph (A) of paragraph
(2) of subdivision (a), the Superintendent shall apportion that same
amount to the home-to-school transportation joint powers agency.
(iii) If a home-to-school transportation joint powers agency,
established pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code for
purposes of providing pupil transportation, received an apportionment
directly from the Superintendent from any of the funding sources
specified in subparagraph (A) of paragraph (2) of subdivision (a) for
the 2012-13 fiscal year, the joint powers agency may identify the
member local educational agencies and transfer entitlement to that
funding to any of those member local educational agencies by
reporting to the Superintendent, on or before September 30, 2015, the
reassignment of a specified amount of the joint powers agency's
2012-13 fiscal year entitlement to the member local educational
agency. Commencing with the 2015-16 fiscal year, the Superintendent
shall add the reassigned amounts to the amounts calculated pursuant
to subparagraph (A) of paragraph (2) of subdivision (a).
(B) In addition to subparagraph (A), of the funds a school
district receives for home-to-school transportation programs the
school district shall expend, pursuant to former Article 2
(commencing with Section 39820) of Chapter 1 of Part 23.5, former
Article 10 (commencing with Section 41850) of Chapter 5, and the
Small School District Transportation program, as set forth in former
Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24
of Division 3 of Title 2, as those articles read on January 1, 2013,
no less for those programs than the amount of funds the school
district expended for home-to-school transportation in the 2012-13
fiscal year.
(7) For the 2013-14 and 2014-15 fiscal years only, of the funds a
school district receives for purposes of regional occupational
centers or programs, or adult education, the school district shall
expend no less than the amount of funds the school district expended
for purposes of regional occupational centers or programs, or adult
education, respectively, in the 2012-13 fiscal year. For purposes of
this paragraph, a school district may include expenditures made by
its county office of education within the school district for
purposes of regional occupational centers or programs so long as the
total amount of expenditures by the school district and the county
office of education equal or exceed the total amount required to be
expended for purposes of regional occupational centers or programs
pursuant to this paragraph and paragraph (3) of subdivision (k) of
Section 2575.
(8) For the 2013-14 and 2014-15 fiscal years only, and for
purposes of ensuring the continuity of essential induction and
training services for beginning teachers, the Alameda County
Superintendent of Schools shall withhold five hundred eighty-one
thousand five hundred forty dollars ($581,540) from the local control
funding formula apportionments of the Newark Unified School
District, and from those withheld funds shall allocate the following
amounts to the following entities:
(A) One hundred forty-seven thousand nine hundred twenty dollars
($147,920) to the Alameda Unified School District.
(B) One hundred four thousand dollars ($104,000) to the San
Leandro Unified School District.
(C) One hundred sixty-four thousand six hundred twenty dollars
($164,620) to the Berkeley Unified School District.
(D) One hundred sixty-five thousand dollars ($165,000) to the San
Lorenzo Unified School District.
(b) Compute an annual local control funding formula transition
adjustment for each school district and charter school as follows:
(1) Subtract the amount computed pursuant to paragraphs (1) to
(4), inclusive, of subdivision (a) from the amount computed for each
school district or charter school under the local control funding
formula entitlements computed pursuant to Section 42238.02. School
districts and charter schools with a negative difference shall be
deemed to have a zero difference.
(2) Each school district's and charter school's total need, as
calculated pursuant to paragraph (1), shall be divided by the sum of
all school districts' and charter schools' total need to determine
the school district's or charter school's respective proportions of
total need.
(3) (A) Each school district's and charter school's proportion of
total need shall be multiplied by any available appropriations
specifically made for purposes of this subdivision, and added to the
school district's or charter school's funding amounts as calculated
pursuant to subdivision (a).
(B) For purposes of subparagraph (A), the proportion of total need
that is funded from any available appropriations specifically made
for purposes of this subdivision for a fiscal year shall be
considered fixed as of the second principal apportionment for that
fiscal year. Adjustments to a school district's or charter school's
total need, as computed pursuant to paragraph (1), subsequent to the
second principal apportionment for a fiscal year, shall be funded
based on the fixed proportion of total need that is funded for that
fiscal year pursuant to this subdivision and shall be continuously
appropriated pursuant to Section 14002.
(4) If the total amount of funds appropriated for purposes of
paragraph (3) pursuant to this subdivision are sufficient to fully
fund any positive amounts computed pursuant to paragraph (1), the
local control funding formula grant computed pursuant to subdivision
(c) of Section 42238.02 shall be adjusted to ensure that any
available appropriation authority is expended for purposes of the
local control funding formula.
(5) Commencing with the first fiscal year after either paragraph
(4) of this subdivision or paragraph (2) of subdivision (g) applies,
the adjustments in paragraph (2) of subdivision (d) of Section
42238.02 shall be made only if an appropriation for those adjustments
is included in the annual Budget Act.
(c) The Superintendent shall subtract from the amounts computed
pursuant to subdivisions (a) and (b) the sum of the following:
(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), less any amount received pursuant
to Section 33401 or 33676 of the Health and Safety Code that is used
for land acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance and that is not an amount
received pursuant to Section 33492.15, or paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(7) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3)
of subdivision (e) of Section 36 of Article XIII of the California
Constitution.
(d) A school district or charter school that has a zero difference
pursuant to paragraph (1) of subdivision (b) in the prior fiscal
year shall receive an entitlement equal to the amount calculated
pursuant to Section 42238.02 in the current fiscal year and future
fiscal years.
(e) Notwithstanding paragraph (2) of subdivision (g), or the
computations pursuant to subdivisions (b) to (d), inclusive, and
Section 42238.02, commencing with the 2013-14 fiscal year, a school
district or charter school shall receive state-aid funding of no less
than the sum of the amounts computed pursuant to paragraphs (1) to
(3), inclusive.
(1) (A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05. A school district's
2012-13 revenue limit funding shall exclude amounts computed pursuant
to Article 4 (commencing with Section 42280). For purposes of this
subparagraph, 2012-13 fiscal year average daily attendance and
2012-13 fiscal year revenue limits shall be considered final as of
the annual apportionment for the 2012-13 fiscal year, as calculated
for purposes of the certification required on or before February 20,
2014, pursuant to Sections 41332 and 41339.
(B) (i) For charter schools, general purpose funding in the
2012-13 fiscal year as computed pursuant to Article 2 (commencing
with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
article read on January 1, 2013, and the amount of in-lieu property
tax provided to the charter school in the 2012-13 fiscal year
pursuant to Section 47635, as that section read on January 1, 2013,
divided by the 2012-13 average daily attendance of the charter school
computed pursuant to Section 42238.05. That quotient shall be
multiplied by the current fiscal year average daily attendance of the
charter school computed pursuant to Section 42238.05. For purposes
of this subparagraph, 2012-13 fiscal year average daily attendance
and 2012-13 fiscal year general purpose funding, as computed pursuant
to Article 2 (commencing with Section 47633) of Chapter 6 of Part
26.8 of Division 4, as that article read on January 1, 2013, shall be
considered final as of the annual apportionment for the 2012-13
fiscal year, as calculated for purposes of the certification required
on or before February 20, 2014, pursuant to Sections 41332 and
41339.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
(D) For school districts, the 2012-13 funding allowance provided
for qualifying necessary small high schools and necessary small
elementary schools pursuant to Article 4 (commencing with Section
42280) and Section 42238.146, as those provisions read on January 1,
2013.
(E) The amount computed pursuant to subparagraphs (A) to (D),
inclusive, shall be reduced by the sum of the amount computed
pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).
(2) (A) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to former Chapter 6.10 (commencing with
Section 52120) of Part 28 of Division 4, as it read on January 1,
2013, and 2012-13 fiscal year funding for pupils enrolled in
community day schools who are mandatorily expelled pursuant to
subdivision (d) of Section 48915. The entitlement for basic aid
school districts shall include the reduction of 8.92 percent as
applied pursuant to subparagraph (A) of paragraph (1) of subdivision
(a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes
of this subparagraph, 2012-13 fiscal year entitlements shall be
considered final as of the annual apportionment for the 2012-13
fiscal year, as calculated for purposes of the certification required
on or before February 20, 2014, pursuant to Sections 41332 and
41339.
(B) Commencing with the 2014-15 fiscal year, the entitlements
identified in subparagraph (A) shall be adjusted to reflect the
exclusion of one-time redevelopment agency liquid asset recovery
revenue, pursuant to Section 34179.5 and following, of the Health and
Safety Code, before the application of the 8.92-percent reduction
applied pursuant to subparagraph (A) of paragraph (1) of subdivision
(a) of Section 3 of Chapter 2 of the Statutes of 2012.
(C) The Superintendent shall annually apportion any entitlement
provided to the state special schools from the items specified in
subparagraph (A) to the state special schools in the same amount as
the state special schools received from those items in the 2012-13
fiscal year.
(D) Commencing with the 2015-16 fiscal year, any portion of
funding transferred to a school district or charter school by a joint
powers agency pursuant to clause (iii) of subparagraph (A) of
paragraph (6) of subdivision (a) shall be deemed to be included in
the entitlements specified in subparagraph (A) for the school
district or charter school.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school. That quotient shall
be multiplied by the current fiscal year average daily attendance of
the charter school.
(f) (1) For purposes of this section, commencing with the 2013-14
fiscal year and until all school districts and charter schools equal
or exceed their local control funding formula target computed
pursuant to Section 42238.02, as determined by the calculation of a
zero difference pursuant to paragraph (1) of subdivision (b), a newly
operational charter school shall be determined to have a prior year
funding amount per unit of average daily attendance equal to the
lesser of:
(A) The prior year funding amount per unit of average daily
attendance for the school district in which the charter school is
physically located. The Superintendent shall calculate the funding
amount per unit of average daily attendance for this purpose by
dividing the total local control funding formula entitlement,
calculated pursuant to subdivisions (a) and (b), received by that
school district in the prior year by prior year funded average daily
attendance of that school district. For purposes of this
subparagraph, a charter school that is physically located in more
than one school district shall use the calculated local control
funding entitlement per unit of average daily attendance of the
school district with the highest prior year funding amount per unit
of average daily attendance. For purposes of this subparagraph, the
prior year funding amount per unit of average daily attendance for
the school district in which the charter school is physically located
shall be considered final as of the second principal apportionment
of the prior fiscal year.
(B) The charter school's local control funding formula rate
computed pursuant to subdivisions (c) to (i), inclusive, of Section
42238.02.
(2) For charter schools funded pursuant to paragraph (1), the
charter school shall be eligible to receive growth funding pursuant
to subdivision (b) toward meeting the newly operational charter
school's local control funding formula target.
(3) Upon a determination that all school districts and charter
schools equal or exceed the local control funding formula target
computed pursuant to Section 42238.02, as determined by the
calculation of a zero difference pursuant to paragraph (1) of
subdivision (b) for all school districts and charter schools, this
subdivision shall not apply and the charter school shall receive an
allocation equal to the amount calculated under Section 42238.02 in
that fiscal year and future fiscal years.
(4) For purposes of this subdivision, the determination of a
charter school's physical location shall be considered final as of
the second principal apportionment for the applicable fiscal year.
(g) (1) In each fiscal year the Superintendent shall determine the
percentage of school districts that are apportioned funding pursuant
to this section that is less than the amount computed pursuant to
Section 42238.02 as of the second principal apportionments of the
fiscal year. If the percentage is less than 10 percent, the
Superintendent shall apportion funding to school districts and
charter schools equal to the amount computed pursuant to Section
42238.02 in that fiscal year.
(2) For each fiscal year thereafter, the Superintendent shall
apportion funding to a school district and charter school equal to
the amount computed pursuant to Section 42238.02.
Notwithstanding any other law, revenue limit funding for
school districts and charter school block grant funding for charter
schools for the 2012-13 fiscal year and prior fiscal years shall
continue to be adjusted pursuant to Article 2 (commencing with
Section 42238), and Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4, as those articles read on
January 1, 2013.
(a) For purposes of Sections 42238.02, 42238.025, and
42238.03, the fiscal year average daily attendance for a school
district shall be computed pursuant to paragraphs (1) to (3),
inclusive, as applicable.
(1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater, excluding units of average daily attendance resulting from
pupils attending schools funded pursuant to Article 4 (commencing
with Section 42280).
(2) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).
(3) Prior fiscal year average daily attendance shall be adjusted
for any loss or gain of average daily attendance due to a
reorganization or transfer of territory.
(b) For purposes of this article, regular average daily attendance
shall be the base grant average daily attendance.
(c) For purposes of this section, the Superintendent shall
distribute total ungraded enrollment and average daily attendance
among kindergarten and each of grades 1 to 12, inclusive, in
proportion to the amounts of graded enrollment and average daily
attendance, respectively, in each of these grades.
(d) Subdivisions (a) to (c), inclusive, shall only apply to
average daily attendance generated by school districts and shall not
apply to average daily attendance generated by charter schools.
(e) A pupil shall not be counted more than once for purposes of
calculating average daily attendance pursuant to this section.
(f) For purposes of Sections 42238.02, 42238.025, and 42238.03,
average daily attendance for a charter school shall be the total
current year average daily attendance in the corresponding grade
level ranges for the charter school.
(a) For purposes of paragraph (1) of subdivision (a) of
Section 42238.05, a sponsoring school district's average daily
attendance shall be computed as follows:
(1) Compute the sponsoring school district's regular average daily
attendance in the current year, excluding the attendance of pupils
in charter schools.
(2) (A) Compute the regular average daily attendance used to
calculate the second principal apportionment of the school district
for the prior year, excluding the attendance of pupils in charter
schools.
(B) Compute the attendance of pupils who attended one or more
noncharter schools of the school district between July 1, and the
last day of the second period, inclusive, in the prior year, and who
attended a charter school sponsored by the school district between
July 1, and the last day of the second period, inclusive, in the
current year. For purposes of this subparagraph, a pupil enrolled in
a grade at a charter school sponsored by the school district shall
not be counted if the school district does not offer classes for
pupils enrolled in that grade. The amount of the attendance counted
for any pupil for the purpose of this subparagraph may not be greater
than the attendance claimed for that pupil by the charter school in
the current year.
(C) Compute the attendance of pupils who attended a charter school
sponsored by the school district in the prior year and who attended
one or more noncharter schools of the school district in the current
year. The amount of the attendance counted for any pupil for the
purpose of this subparagraph may not be greater than the attendance
claimed for that pupil by the school district in the current year.
(D) From the amount determined pursuant to subparagraph (B),
subtract the amount determined pursuant to subparagraph (C). If the
result is less than zero, the amount shall be deemed to be zero.
(E) The prior year average daily attendance determined pursuant to
subparagraph (A) shall be reduced by the amount determined pursuant
to subparagraph (D).
(3) To the greater of the amounts computed pursuant to paragraphs
(1) and (2), add the regular average daily attendance in the current
year of all pupils attending charter schools sponsored by the school
district that are not funded through the charter schools local
control funding formula allocation pursuant to Section 42238.02, as
implemented by Section 42238.03.
(b) For purposes of this section, a "sponsoring school district"
shall mean a "sponsoring local educational agency," as defined in
Section 47632, as that section read on January 1, 2013.
(a) Notwithstanding any other law, the prior year
average daily attendance for a school district determined pursuant to
subdivision (a) of Section 42238.051 shall be increased by the prior
year second principal apportionment average daily attendance of a
school district only for a school that meets the following
description:
(1) The school was a district noncharter school in any year before
the prior year.
(2) The school was operated as a district-approved charter school
in the prior year.
(3) The school is again operated as a district noncharter school
in the current year.
(b) An adjustment to prior year average daily attendance pursuant
to this section may not be made for the attendance of pupils who were
not residents of the school district in the prior year.
(a) The fiscal year average daily attendance computed
under Section 42238.05 shall be increased, for each school district
that operates a school that meets the eligibility requirements set
forth in subdivision (b), by the number of days of attendance of
pupils enrolled in eligible schools in the school district who are
currently migratory children, as defined by Section 54441, and who
are residing in state-operated migrant housing projects between the
second principal apportionment and the end of the regular school
year, divided by the number of days school was actually taught in the
regular day schools of the district, excluding Saturdays and
Sundays.
(b) For a school district to be eligible for purposes of this
section, the following conditions shall apply:
(1) One or more state-operated migrant housing projects are
located within the attendance area of the school.
(2) The maximum number of pupils enrolled in the school in the
relevant fiscal year who are currently migratory children, as
calculated under subdivision (a), constitutes not less than one-third
of the total pupil enrollment of the school.
(c) The Superintendent shall establish rules and regulations for
the implementation of this section.
(a) Sections 42238.051 and 42238.052 do not apply to
resident pupils in charter schools operating under the districtwide
charter of a school district that has converted all of its schools to
charter status pursuant to Section 47606.
(b) For purposes of this section, "resident pupils" means pupils
who reside in, and are otherwise eligible to attend, a school in the
specified school district.
Commencing on July 1, 2013, except for Sections 42238,
42238.1, 42238.2, and 42238.5, or where the context requires
otherwise, all of the following shall apply:
(a) References to "revenue limit" shall instead refer to the
"local control funding formula."
(b) References to "the revenue limit calculated pursuant to
Section 42238" shall instead refer to "the local control funding
formula calculated pursuant to Section 42238.02, as implemented by
Section 42238.03."
(c) References to "Section 42238" shall instead refer to "Section
42238.02, as implemented pursuant to Section 42238.03."
(d) References to "Section 42238.1" shall instead refer to
"Section 42238.02."
(e) References to "Section 42238.5" shall instead refer to
"Section 42238.05."
(f) References to "general-purpose entitlement" shall instead
refer to "local control funding formula grant funding pursuant to
Section 42238.02, as implemented by Section 42238.03."
(a) On or before January 31, 2014, the state board shall
adopt regulations that govern the expenditure of funds apportioned on
the basis of the number and concentration of unduplicated pupils
pursuant to Sections 2574, 2575, 42238.02, and 42238.03. The
regulations shall include, but are not limited to, provisions that do
all of the following:
(1) Require a school district, county office of education, or
charter school to increase or improve services for unduplicated
pupils in proportion to the increase in funds apportioned on the
basis of the number and concentration of unduplicated pupils in the
school district, county office of education, or charter school.
(2) Authorize a school district, county office of education, or
charter school to use funds apportioned on the basis of the number of
unduplicated pupils for schoolwide purposes, or, for school
districts, districtwide purposes, for county offices of education,
countywide purposes, or for charter schools, charterwide purposes, in
a manner that is no more restrictive than the restrictions provided
for in Title I of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301, et seq.).
(b) The state board may adopt emergency regulations for purposes
of this section.
(a) For the 1986-87 fiscal year and each fiscal year up to
and including the 1998-99 fiscal year, the Superintendent of Public
Instruction shall compute an inflation adjustment equal to the
product of paragraphs (1) and (2):
(1) Compute the sum of the following:
(A) The statewide average base revenue limit per unit of average
daily attendance for the prior fiscal year for districts of similar
type.
(B) The amount, if any, per unit of average daily attendance
received by the district pursuant to Article 8 (commencing with
Section 46200) of Chapter 2 of Part 26 for the prior fiscal year.
(2) The percentage change in the annual average value of the
Implicit Price Deflator for State and Local Government Purchases of
Goods and Services for the United States, as published by the United
States Department of Commerce for the 12-month period ending in the
third quarter of the prior fiscal year. This percentage change shall
be determined using the latest data available as of May 1 of the
preceding fiscal year compared with the annual average value of the
same deflator for the 12-month period ending in the third quarter of
the second preceding fiscal year, using the latest data available as
of May 1 of the second preceding fiscal year, as reported by the
Department of Finance.
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the Superintendent of Public Instruction shall compute an inflation
adjustment equal to the product of paragraphs (1) and (2):
(1) Compute the sum of the following:
(A) The statewide average base revenue limit per unit of average
daily attendance for the prior fiscal year for districts of similar
type.
(B) The amount, if any, per unit of average daily attendance
received by the district pursuant to Article 8 (commencing with
Section 46200) of Chapter 2 of Part 26 for the prior fiscal year.
(2) The percentage change in the annual average value of the
Implicit Price Deflator for State and Local Government Purchases of
Goods and Services for the United States, as published by the United
States Department of Commerce for the 12-month period ending in the
third quarter of the prior fiscal year. This percentage change shall
be determined using the latest data available as of May 10 of the
preceding fiscal year compared with the annual average value of the
same deflator for the 12-month period ending in the third quarter of
the second preceding fiscal year, using the latest data available as
of May 10 of the preceding fiscal year, as report by the Department
of Finance.
(c) This section shall become operative July 1, 1986.
(d) Commencing with the 2013-14 fiscal year, this section shall be
used only for purposes of allocating revenues received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(e) This section shall become inoperative on July 1, 2021, and, as
of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) (1) Notwithstanding Section 42238.5 or any other
provision of law, a school district that meets any of the following
conditions shall be entitled to an adjustment to its units of average
daily attendance pursuant to this section:
(A) The school district experiences a decline in the number of
units of average daily attendance in excess of 8 percent of its total
average daily attendance as a result of the closure of a facility
operated by a branch of the United States Armed Forces in the school
district's boundaries.
(B) The school district experiences a decline in the number of
units of average daily attendance that is less than 8 percent but at
least 5 percent of its total average daily attendance as a result of
the closure of a facility operated by a branch of the United States
Armed Forces in that school district's boundaries, upon a finding by
both the Superintendent of Public Instruction and the Director of
Finance that both of the following conditions exist:
(i) The school district demonstrates that at the end of a
three-year period the school district will experience a 10-percent
reduction in the amount of funding that the school district would
otherwise have received from state apportionments, funding received
pursuant to the California State Lottery Act of 1984 (Chapter 12.5
(commencing with Section 8880) of Division 1 of Title 2 of the
Government Code), and funding received pursuant to Title VIII of
Public Law 103-382, as a result of the loss of pupils related to the
closure of a facility operated by a branch of the United States Armed
Forces.
(ii) The fiscal crisis and management assistance team established
pursuant to Section 42127.8 has reviewed the school district's
finances and has found that the school district has taken significant
steps to reduce expenditure.
(C) The school district experiences a decline in the number of
units of average daily attendance in excess of 5 percent of its total
average daily attendance and the Director of Finance determines that
the school district is likely, within eight years of that decline,
to maintain a number of units of average daily attendance that is
equivalent to the number of units of average daily attendance
maintained by the school district prior to the decline.
Notwithstanding subdivision (b), loan repayments shall commence no
later than the fourth year after the base year or at a later time, as
determined by the Director of Finance.
(2) For purposes of this section, the year preceding a decline
shall be the base year.
(b) In the second year after the base year, the district average
daily attendance pursuant to Section 42238.5 may, if the district
chooses, be increased by 75 percent of the difference between the
base year units of average daily attendance and the units of average
daily attendance in the first year of decline. In the third year
after the base year, the district average daily attendance pursuant
to Section 42238.5 may, if the district chooses, be increased by 50
percent of the difference between the base year units of average
daily attendance and the units of average daily attendance in the
first year of decline. The amount of money represented by these
increases shall be considered a loan to the school district. Loan
repayments shall commence no later than the fourth year after the
base year.
(c) (1) The Superintendent of Public Instruction, in consultation
with a school district subject to this section, shall determine a
schedule for repayment of the total amount loaned pursuant to this
section which may not exceed 10 years. Payments shall include
interest charged at a rate based on the most current investment rate
of the Pooled Money Investment Account in the General Fund as of the
date of the disbursement of funds to the school district.
(2) Upon written notification by the Superintendent of Public
Instruction that the school district has not made one or more of the
payments required by the schedule established pursuant to paragraph
(1), the Controller shall withhold from Section A of the State School
Fund the defaulted payment which shall not exceed the amount of any
apportionment entitlement of the district to moneys in Section A of
the State School Fund. In that regard, the Controller shall withhold
the amount of any payment made under this subdivision, including
reimbursement of the Controller's administrative costs as determined
under a schedule approved by the California Debt Advisory Commission,
from subsequent apportionments to the school district from Section A
of the State School Fund.
(3) Any apportionments made by the Controller pursuant to
paragraph (2) shall be deemed to be an allocation to the school
district for purposes of subdivision (b) of Section 8 of Article XVI
of the California Constitution, and for purposes of Chapter 2
(commencing with Section 41200) of Part 24.
(d) In no event shall the adjustment provided by this section
cause the apportionment to a school district to exceed the amount
that would otherwise be calculated for apportionment to the district
pursuant to Sections 42238 and 42238.1.
(e) This section does not apply to a school district that
experiences a decline in enrollment as a result of a school district
reorganization pursuant to Chapter 3 (commencing with Section 35500)
of Part 21 or any other law.
(f) Commencing with the 2013-14 fiscal year, this section shall be
used only for purposes of allocating revenues received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(g) This section shall become inoperative on July 1, 2021, and, as
of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) For each year during the loan repayment period
provided for in Section 42238.2, any district utilizing the
adjustment pursuant to Section 42238.2 may adjust its revenue limit
computed pursuant to Section 42238 to the statewide average revenue
limit per unit of average daily attendance for its size and type of
district in proportion to the percentage of the loan that the school
district has repaid up to and including the year in which the revenue
limit adjustment is made.
(b) This section does not apply to a school district that
experiences a decline in enrollment as a result of a school district
reorganization pursuant to Chapter 3 (commencing with Section 35500)
of Part 21 or any other law.
(a) For purposes of Section 42238, the fiscal year average
daily attendance shall be computed pursuant to paragraph (1) or (2).
(1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater. However, prior fiscal year average daily attendance shall be
adjusted for any loss or gain of average daily attendance due to a
reorganization or transfer of territory, or, commencing in the
1993-94 fiscal year, and each fiscal year thereafter, for any change
in average daily attendance for pupils who are concurrently enrolled
in adult programs and classes pursuant to Section 52616.17.
(2) Any school district that elects to receive funding pursuant to
Article 4 (commencing with Section 42280) shall compute its units of
average daily attendance for purposes of Section 42238 by
subtracting the amount determined in subparagraph (B) from the amount
determined in subparagraph (A).
(A) The units of average daily attendance computed pursuant to
paragraph (1).
(B) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).
(b) For purposes of this article, regular average daily attendance
shall be the base revenue limit average daily attendance, excluding
summer school average daily attendance.
(c) For purposes of this section, for the 1998-99 fiscal year
only, the prior year average daily attendance shall be the 1997-98
regular average daily attendance, excluding absences excused pursuant
to subdivision (b) of Section 46010, as that subdivision read on
July 1, 1996.
(d) Commencing with the 2013-14 fiscal year, this section shall be
used only for purposes of allocating revenues received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(e) This section shall become inoperative on July 1, 2021, and, as
of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) For purposes of paragraph (1) of subdivision (a) of
Section 42238.5, a sponsoring school district's average daily
attendance shall be computed as follows:
(1) Compute the sponsoring school district's regular average daily
attendance in the current year, excluding the attendance of pupils
in charter schools.
(2) (A) Compute the regular average daily attendance used to
calculate the second principal apportionment of the school district
for the prior year, excluding the attendance of pupils in charter
schools.
(B) Compute the attendance of pupils who attended one or more
noncharter schools of the school district between July 1, and the
last day of the second period, inclusive, in the prior year, and who
attended a charter school sponsored by the school district between
July 1, and the last day of the second period, inclusive, in the
current year. For the purposes of this paragraph, a pupil enrolled in
a grade at a charter school sponsored by the school district shall
not be counted if the school district does not offer classes for
pupils enrolled in that grade. The amount of the attendance counted
for any pupil for the purpose of this subparagraph may not be greater
than the attendance claimed for that pupil by the charter school in
the current year.
(C) Compute the attendance of pupils who attended a charter school
sponsored by the school district in the prior year and who attended
one or more noncharter schools of the school district in the current
year. The amount of the attendance counted for any pupil for the
purpose of this subparagraph may not be greater than the attendance
claimed for that pupil by the school district in the current year.
(D) From the amount determined pursuant to subparagraph (B),
subtract the amount determined pursuant to subparagraph (C). If the
result is less than zero, the amount shall be deemed to be zero.
(E) The prior year average daily attendance determined pursuant to
subparagraph (A) shall be reduced by the amount determined pursuant
to subparagraph (D).
(3) To the greater of the amounts computed pursuant to paragraphs
(1) and (2), add the regular average daily attendance in the current
year of all pupils attending charter schools sponsored by the
district that are not funded pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.
(b) For the purposes of this section, a "sponsoring school
district" shall mean a "sponsoring local educational agency," as
defined in Section 47632.
(c) This section shall become operative on July 1, 2007.
(a) Notwithstanding any other provision of law, the prior
year average daily attendance for a school district determined
pursuant to subdivision (b) of Section 42238.51 shall be increased by
the prior year second principal apportionment average daily
attendance of district residents only of any school that meets the
following description:
(1) The school was a district noncharter school in any year prior
to the prior year.
(2) The school was operated as a district-approved charter school
in the prior year.
(3) The school is again operated as a district noncharter school
in the current year.
(b) An adjustment to prior year average daily attendance pursuant
to this section may not be made for the attendance of pupils who were
not residents of the school district in the prior year.
(c) This section applies to the 2000-01 fiscal year and subsequent
fiscal years.
(a) The fiscal year average daily attendance computed
under Section 42238.5 shall be increased, for each school district
that operates any school that meets the eligibility requirements set
forth in subdivision (b), by the number of child days of attendance
of pupils enrolled in eligible schools in the district who are
currently migratory children, as defined by Section 54441, and who
are residing in state-operated migrant housing projects between the
second principal apportionment and the end of the regular school
year, divided by the number of days school was actually taught in the
regular day schools of the district, excluding Saturdays and
Sundays.
(b) For a school to be eligible for the purposes of this section,
the following conditions shall apply:
(1) One or more state-operated migrant housing projects are
located within the attendance area of the school.
(2) The maximum number of pupils enrolled in the school in the
relevant fiscal year who are currently migratory children, as
calculated under subdivision (a), constitutes not less than one-third
of the total pupil enrollment of the school.
(c) The Superintendent of Public Instruction shall establish rules
and regulations for the implementation of this section.
Notwithstanding any other provision of law:
(a) All completed audits, including those on appeal, of school
districts, charter schools, and county offices of education funded by
Item 8860-025-0001 of Section 2.00 of Chapter 50 of the Statutes of
1999, Item 8860-025-0001 of Section 2.00 of Chapter 52 of the
Statutes of 2000, and Item 8860-025-0001 of Section 2.00 of Chapter
106 of the Statutes of 2001, and any findings of those audits, are
withdrawn, and no loss of apportionment arising from the findings of
those audits shall be realized.
(b) All audits funded by Item 8860-025-0001 of Section 2.00 of
Chapter 50 of the Statutes of 1999, Item 8860-025-0001 of Section
2.00 of Chapter 52 of the Statutes of 2000, and Item 8860-025-0001 of
Section 2.00 of Chapter 106 of the Statutes of 2001, shall be
discontinued.
(c) The Controller shall notify all school districts, charter
schools, and county offices of education that it is no longer
necessary to retain records supporting pupil attendance and excused
absences used for purposes of calculating average daily attendance
during the 1996-97 fiscal year.
(a) Notwithstanding any other law, and in lieu of any
inflation or cost-of-living adjustment otherwise authorized for the
programs enumerated in subdivision (b), state funding for the
programs enumerated in subdivision (b) shall be increased annually by
the product of the following:
(1) The sum of 1.0 plus the percentage change determined under
paragraph (2) of subdivision (d) of Section 42238.02.
(2) The sum of 1.0 plus the percentage of increase, from the prior
fiscal year to the current fiscal year, in each of the workload
factors described in subdivision (b).
(b) The programs for which annual state funding increases are
determined under this section, and the factors used to measure
workload for each of those programs, are as follows:
(1) Special education programs and services, with workload
measured by the regular second principal apportionment average daily
attendance for kindergarten and grades 1 to 12, inclusive.
(2) Child care and development programs, and preschool programs,
with workload measured by the state population of children up to and
including four years of age.
(c) Notwithstanding any other law, child care and development
programs shall not receive a cost-of-living adjustment in the
2012-13, 2013-14, and 2014-15 fiscal years.
(a) Notwithstanding any other law, only those pupils
enrolled in county office of education programs while detained in a
juvenile hall, juvenile home, day center, juvenile ranch, juvenile
camp, or regional youth educational facility established pursuant to
Article 23 (commencing with Section 850), Article 24 (commencing with
Section 880), and Article 24.5 (commencing with Section 894) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code shall be counted as juvenile court school pupils. For purposes
of apportionments, those pupils in a group home housing 25 or more
children placed pursuant to Sections 362, 727, and 730 of the Welfare
and Institutions Code or in any group home housing 25 or more
children and operating one or more additional sites under a central
administration for children placed pursuant to Section 362, 727, or
730 of the Welfare and Institutions Code shall be reported as county
group home and institutions pupils to the Superintendent and shall be
counted as juvenile court school pupils for purposes of
apportionments.
(b) Notwithstanding any other law, pupils who are referred by the
county probation department under Section 601 or 654 of the Welfare
and Institutions Code, shall be enrolled and eligible for
apportionments in county community schools only after an
individualized review and certification of the appropriateness of
enrollment in the county group home and institution's school or
county community school. The individualized review shall include
representatives of the court, the county office of education, the
county probation department, and either the school district of
residence or, in cases in which the pupil resides in a group home or
institution, the school district in which the group home or
institution is located, and, in each case, the school district
representative shall agree to the appropriateness of the proposed
placement and pupils so placed shall have a probation officer
assigned to their case.
(c) Regardless of the operative date of the amendments to this
section made during the 1997 portion of the 1997-98 Regular Session,
this section, as so amended, shall be implemented as though it had
been operative on July 1, 1996. For the purpose of implementing this
section for the entire 1996-97 fiscal year, the Superintendent and
other public officers shall take all necessary steps to effect the
required adjustments and shall have authority to adjust allowance
computations, apportionments, and disbursements ordered from Section
A of the State School Fund and other public funds.
(d) Notwithstanding any other law, on or after July 1, 2013, a
county office of education may expend funds previously deposited in
the capital outlay reserve established pursuant to former paragraph
(4) of subdivision (b) of this section, as this section read on June
30, 2013, for any of the purposes specified in the local control and
accountability plan adopted pursuant to Section 52066.
For federal audit actions that became final by entry of
judgment or final administrative decision on or after July 1, 1987,
and that require repayment of funds to the federal government by the
State Department of Education for federal audit exceptions based on
findings in any school district or any other agency receiving federal
funds through the department, the amount of the repayments, with
interest due the federal government, may be deducted from the
apportionment made to those districts or agencies by the
Superintendent of Public Instruction. The amount that is repaid to
the state under the provisions of Section 459 of the General
Education Provisions Act (20 U.S.C. Sec. 1234h) shall be apportioned
to the district in accordance with any grant back plan submitted by
the district and the department and approved by the United States
Department of Education.
(a) Notwithstanding any other law, commencing with the
2008-09 fiscal year, the minimum schoolday for a pupil concurrently
enrolled in regular secondary school classes and classes operating
pursuant to a joint powers agreement that became effective before
January 1, 2008, is 180 minutes. These regular secondary school
classes constitute regular school classes for purposes of Section
46010.3.
(b) For a pupil described in subdivision (a), the average daily
attendance shall be included as school district average daily
attendance computed pursuant to Section 42238.05.
(c) For purposes of computing attendance pursuant to Section 46300
or any other law, immediate supervision and control of pupils while
attending classes pursuant to a joint powers agreement described in
subdivision (a) is deemed satisfied regardless of the school district
employing the certificated employee providing the supervision and
control, provided the school district is a party to the joint powers
agreement.
(d) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
Costs related to the salaries and benefits of teachers
incurred by a school district or county office of education to
provide the courses specified in paragraph (1) of subdivision (a) of
Section 51225.3 shall be offset by the amount of state funding
apportioned to the district pursuant to this article, or in the case
of a county office of education pursuant to Article 2 (commencing
with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1,
and the amount of state funding received from any of the items listed
in Section 42605 that are contained in the annual Budget Act. The
proportion of the school district's current expense of education that
is required to be expended for payment of the salaries of classroom
teachers pursuant to Section 41372 shall first be allocated to fund
the teacher salary costs incurred to provide the courses required by
the state.
The Superintendent of Public Instruction shall determine at
the time of each apportionment the proposed receipts and expenditures
of funds under the provisions of the Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.). In the event that the
proposed distribution of funds results in funds not being expended,
those funds are hereby reappropriated for reallocation for local
entitlements for special education.
This section shall become operative July 1, 1984.
(a) From funds appropriated by the Legislature for this
purpose for any fiscal year, the State Allocation Board shall
allocate to school districts selected by the board pursuant to this
section, funding for the expenses of air-conditioning equipment and
insulation materials, and for the costs of installing the equipment
and materials, for schools operating in the current fiscal year or
planning to operate in the second subsequent fiscal year on a
year-round or continuous basis pursuant to Chapter 3 (commencing with
Section 37400), Chapter 4 (commencing with Section 37500), or
Chapter 5 (commencing with Section 37600) of Part 22.
(b) The board shall allocate the funds appropriated under
subdivision (a) only to those school districts in which a high
percentage of the pupils, or a significant number of the pupils, are
enrolled in the current fiscal year or will be enrolled in the second
subsequent fiscal year in year round or continuous schools as
described in subdivision (a). The board shall grant preference in the
allocation of those funds to those year round or continuous schools
that are both situated in climates that require air-conditioning and
insulation during June, July, and August, and have a high percentage
of overcrowding of pupils. In addition, all schools participating in
the demonstration program provided pursuant to Chapter 2.5
(commencing with Section 37300) of Part 22 and satisfying the
criteria set forth in this subdivision shall be eligible to receive,
and given priority for, the maximum allocation of funds under this
section.
(c) Whenever a school district has received an allocation pursuant
to this section for a school that was scheduled to begin operating
year round in the second subsequent fiscal year but that did not
begin operating year round in that fiscal year, the school district
shall repay the amount allocated with interest to the State School
Building Fund.
(d) A school district may elect to apply for funding under this
section on a basis that groups two or more qualifying schools in the
district.
A school district that elects to apply for funding pursuant to
this subdivision shall identify the cost for each school in that
application. The total of those costs shall be the maximum amount
apportioned by the state for those schools contained in that single
application and that amount shall be no more than the amount that
would have been apportioned to each school if each school had
submitted an application individually.
(e) Funds allocated to any school district under this section may
be expended only to pay the actual allowable expenses of
air-conditioning equipment and insulation materials, and of the
installation of air-conditioning equipment and insulation materials,
at the project sites that generated the funding eligibility.
(a) The Superintendent shall make the following calculations
for the 2011-12 fiscal year:
(1) Determine the amount of funds that will be restricted after
the Superintendent makes the deduction pursuant to Section 52335.3
for each county office of education pursuant to subdivision (e) of
Section 2558 as of June 30, 2012.
(2) Divide fifty million dollars ($50,000,000) by the statewide
sum of the amounts determined pursuant to paragraph (1). If the
fraction is greater than one it shall be deemed to be one.
(3) Multiply the fraction determined pursuant to paragraph (2) by
the amount determined pursuant to paragraph (1) for each county
office of education.
(b) The auditor-controller of each county shall distribute the
amounts determined in paragraph (3) of subdivision (a) to the
Supplemental Revenue Augmentation Fund created within the county
pursuant to Section 100.06 of the Revenue and Taxation Code. The
aggregate amount of transfers required by this subdivision shall be
made in two equal shares, with the first share being transferred no
later than January 15, 2012, and the second share being transferred
after that date but no later than May 1, 2012.
(c) The moneys transferred to the Supplemental Revenue
Augmentation Fund in the 2011-12 fiscal year shall be transferred by
the county office of education to the Controller, in amounts and for
those purposes as directed by the Director of Finance, exclusively to
reimburse the state for the costs of providing trial court services
and costs until those moneys are exhausted.