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AB-2235 County community schools: funding.(2017-2018)

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Date Published: 05/16/2018 09:00 PM
AB2235:v98#DOCUMENT

Amended  IN  Assembly  May 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2235


Introduced by Assembly Member Quirk-Silva

February 13, 2018


An act to amend Section 1981 2576 of the Education Code, relating to county community schools.


LEGISLATIVE COUNSEL'S DIGEST


AB 2235, as amended, Quirk-Silva. County community schools: funding.
A county board of education may establish and maintain one or more community schools. Existing law authorizes the county board of education to enroll pupils in a community school who meet specified criteria. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law provides, in a specified situation, any attendance generated by a pupil enrolled in a school operated by the county superintendent of schools to be credited to the school district of residence.

This bill would require the school district of residence or the school district of attendance of a pupil enrolled in a county community school to pay to the county wherein the pupil is enrolled, for purposes of the county community school, the amount of the local control funding formula base grant and, if applicable, supplemental grant for each average daily attendance credited to the school district of residence or attendance for that pupil.

This bill would require the Superintendent of Public Instruction, commencing with the 2019–20 fiscal year, to transfer to the county, wherein a pupil is enrolled, the amount calculated for the school district of residence, as provided, for each unit of average daily attendance credited to the school district of residence. The bill would authorize the Superintendent to transfer an alternative amount for each unit of average daily attendance credited to the school district of residence if the school district of residence and the county superintendent of schools agree to the alternative amount and report it to the Superintendent under procedures and timeframes established by the Superintendent.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2576 of the Education Code is amended to read:

2576.
 (a) If a county superintendent of schools enrolls in a school operated by the county superintendent of schools a pupil not funded pursuant to clause (i), (ii), or (iii) of subparagraph (A) of paragraph (4) of subdivision (c) of Section 2574, or Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, any attendance generated by that pupil shall be credited to the school district of residence. Enrollment of these pupils shall be transferred to the school district of residence for purposes of calculating the percentage of unduplicated pupils pursuant to Section 42238.02.
(b) For purposes of this section, the school district of residence for a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), enrolled in a school operated by a county superintendent of schools shall be deemed to be the school district that last provided educational services to the homeless child or youth or, if it is not possible to determine that school district, the nonbasic aid school district with the largest average daily attendance in the county that serves the grade level in which the homeless child or youth would be enrolled.
(c) If a county superintendent of schools grants permission to a pupil to attend school in an adjoining state pursuant to Section 2000, attendance generated by that pupil shall be credited to the school district of residence.
(d) Commencing with the 2019–20 fiscal year, the Superintendent shall transfer to the county, wherein a pupil is enrolled, the amount calculated for the school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance credited to the school district of residence pursuant to this section. The Superintendent may transfer an alternative amount for each unit of average daily attendance credited to the school district of residence pursuant to this section, if the school district of residence and the county superintendent of schools agree to the alternative amount and report it to the Superintendent under procedures and timeframes established by the Superintendent.

SECTION 1.Section 1981 of the Education Code is amended to read:
1981.

The county board of education may enroll pupils in a county community school who are any of the following:

(a)Expelled from a school district for any reason other than those specified in subdivision (a) or (c) of Section 48915.

(b)(1)Referred to a county community school by a school district as a result of the recommendation by a school attendance review board. A pupil shall not be referred to a county community school by a school district pursuant to this subdivision unless the school district and the county office of education determine all of the following:

(A)The county community school has space available to enroll the pupil.

(B)The county community school meets the educational needs of the pupil.

(C)(i)The parent, guardian, or responsible adult of the pupil has not expressly objected to the referral based on one or more of the following reasons:

(I)Reasonable concerns related to the pupil’s safety.

(II)Geographic accessibility.

(III)Inability to transport.

(IV)The school does not meet the pupil’s educational needs.

(ii)The school district may require the objection to be in writing if it has advised the parent, guardian, or responsible adult that they may object, in writing, for one of these reasons.

(2)If the county community school recommended pursuant to paragraph (1) is not geographically accessible to the pupil, the school attendance review board shall also include in its recommendation a school option for the pupil that is geographically accessible to the pupil and meets the criteria specified in paragraph (1).

(3)If the parent, guardian, or responsible adult of the pupil objects for any of the reasons described in subclauses (I) to (IV), inclusive, of clause (i) of subparagraph (C) of paragraph (1), the school district may either address the express objection or find an alternative placement in another comprehensive or continuation school within the school district. If the school district has offered the pupil all other options, the school district may refer the pupil to the county community school.

(4)The pupil has the right to return to his or her prior school or another appropriate school within his or her school district at the end of the semester following the semester when the acts leading to referral occurred. The right to return shall continue until the end of the pupil’s 18th year of age, except that a pupil with exceptional needs, consistent with Section 56041 of this code and Section 1412(a)(1)(A) of Title 20 of the United States Code, shall have the right to return until he or she turns 22 years of age.

(c)(1)(A)On probation, with or without the supervision of a probation officer and consistent with an order of a juvenile court, who are considered to be wards of the court under Sections 601 and 602 of the Welfare and Institutions Code and ordered placed pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of subdivision (a) of Section 727 of, the Welfare and Institutions Code.

(B)Under the supervision of a probation officer, with the consent of the minor and the minor’s parent or guardian, pursuant to Section 654 of the Welfare and Institutions Code.

(C)Under the supervision of a probation officer pursuant to Section 726 and paragraph (3) of subdivision (a) of Section 727 of the Welfare and Institutions Code with the consent of the pupil’s parent, guardian, or responsible adult appointed by the juvenile court to make educational decisions for the pupil. The enrollment of a minor covered by this paragraph in a county community school shall be consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code, which provides that all educational and school placement decisions shall seek to ensure that the youth is in the least restrictive educational program, has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, and are based on the best interests of the child.

(D)Unless specifically ordered by a juvenile court, nothing in this subdivision shall be construed to conflict with the existing rights of a parent, guardian, or responsible adult appointed by the juvenile court pursuant to Section 726 of the Welfare and Institutions Code to make educational placement decisions for the minor.

(E)With respect to a pupil’s enrollment in a county community school pursuant to subparagraph (B) or (C), and consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651, all of the following shall apply:

(i)The attorney for, or the person holding the educational rights of, a pupil who is under the jurisdiction of the delinquency court may use the procedures set forth in California Rule of Court 5.651 to address any change of placement that results in the enrollment of the pupil in a county community school that is not his or her school of origin.

(ii)The attorney or the person holding the educational rights appointed by the court for a pupil who is under the jurisdiction of the delinquency court may, during a regularly scheduled hearing, raise any concerns with respect to whether the enrollment of the pupil in a county community school is meeting the educational needs of the pupil.

(iii)Nothing in this subparagraph is intended to limit in any way the rights or responsibilities of any person as set forth in paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651.

(2)On probation or parole and not in attendance at any school, where enrollment is with the consent of the parent, guardian, or responsible adult, or the pupil, if he or she is 18 years of age or older. Nothing in this subdivision shall impact the provision of services or funding for youth up to 25 years of age pursuant to subdivision (b) of Section 1982, as that section read on September 25, 2013.

(3)Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915.

(4)Enrollment in a county community school pursuant to this subdivision shall be consistent with subdivision (b) of Section 48645.5.

(d)Pupils whose school districts of attendance, or, for pupils who do not have school districts of attendance, school districts of residence, have, at the request of the pupil’s parent, guardian, or responsible adult, approved the pupil’s enrollment in a county community school, subject to the following:

(1)A pupil shall not be enrolled in a county community school pursuant to this subdivision unless the school district determines that the placement will promote the educational interests of the pupil and the county community school has space available to enroll the pupil.

(2)A parent, guardian, or responsible adult of a pupil enrolled in a county community school pursuant to this subdivision may rescind the request for the placement, and the pupil shall be immediately reenrolled in the school that the pupil attended at the time of the referral, or, with the consent of the parent, guardian, or responsible adult, another appropriate school.

(e)The school district of residence or the school district of attendance of a pupil enrolled in a county community school pursuant to this section shall pay to the county wherein the pupil is enrolled, for purposes of the county community school, the amount of the local control funding formula base grant and, if applicable, supplemental grant, calculated pursuant to Section 42238.02, for each average daily attendance credited to the school district of residence or the school district of attendance for that pupil.

(f)The procedures outlined in subdivisions (b) to (e), inclusive, of Section 51225.2 govern the transfer of credits, records, including special education records, and grades required pursuant to subdivision (a) of Section 48645.5 and Section 49068 when the pupil transfers to and from the county community school.

(g)For purposes of this section, “geographically accessible” means that the pupil can reasonably travel to and from the school and is able to pay for any transportation costs that are above and beyond the costs to attend his or her school of residence or prior school, whichever is farther away.