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AB-297 Emergency average daily attendance.(2019-2020)

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Date Published: 03/20/2019 09:00 PM
AB297:v97#DOCUMENT

Amended  IN  Assembly  March 20, 2019
Amended  IN  Assembly  March 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 297


Introduced by Assembly Member Gallagher
(Principal coauthor: Senator Nielsen)
(Coauthor: Assembly Member Dahle)

January 28, 2019


An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 297, as amended, Gallagher. Emergency average daily attendance.
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 that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
This bill would require the Superintendent to extend through the 2019–20 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a school district where no less than 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5% of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency. The bill would require the Superintendent to extend through the 2020–21 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a charter school where no less than 5% of the residences within the school district in which the charter school is located or a majority of charter school facilities were destroyed by the qualifying emergency. The bill would require an adjustment to the average daily attendance of a charter school that provides nonclassroom-based instruction, as defined, for the 2019–20 and 2020–21 fiscal years, in accordance with certain calculations.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 46392 of the Education Code is amended to read:

46392.
 (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic.
(5) Earthquake.
(6) The imminence of a major safety hazard as determined by the local law enforcement agency.
(7) A strike involving transportation services to pupils provided by a nonschool entity.
(8) An order provided for in Section 41422.
(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(4) Notwithstanding any other law, the Superintendent shall extend through the 2019–20 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.
(5) (A) Notwithstanding any other law, the Superintendent shall extend through the 2020–21 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a charter school that is operational and actively educating pupils in each of these years where no less than 5 percent of the residences within the school district in which the charter school is located or a majority of charter school facilities were destroyed by the qualifying emergency.
(B) Notwithstanding subparagraph (A), for a charter school providing nonclassroom-based instruction, as defined in paragraph (2) of subdivision (e) of Section 47612.5, the charter school’s average daily attendance for the 2019–20 or 2020–21 fiscal year, as applicable, that is subject to Section 47634.2 shall be adjusted in accordance with the following:
(i) If the actual average daily attendance for the 2019–20 or 2020–21 fiscal year, as applicable, is more than 75 percent of the charter school’s 2018–19 fiscal year average daily attendance, as adjusted pursuant to paragraph (1), the average daily attendance of the charter school for the 2019–20 or 2020–21 fiscal year, as applicable, shall be equal to 100 percent of the adjusted 2018–19 fiscal year average daily attendance.
(ii) If the actual average daily attendance for the 2019–20 or 2020–21 fiscal year, as applicable, is 50 percent to 75 percent, inclusive, of the charter school’s 2018–19 fiscal year average daily attendance, as adjusted pursuant to paragraph (1), the average daily attendance of the charter school for the 2019–20 or 2020–21 fiscal year, as applicable, shall be equal to 75 percent of the adjusted 2018–19 fiscal year average daily attendance.
(iii) If the actual average daily attendance for the 2019–20 or 2020–21 fiscal year, as applicable, is less than 50 percent of the charter school’s 2018–19 fiscal year average daily attendance, as adjusted pursuant to paragraph (1), the average daily attendance of the charter school for the 2019–20 or 2020–21 fiscal year, as applicable, shall be equal to 50 percent of the adjusted 2018–19 fiscal year average daily attendance.
(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(d) This section applies to any average daily attendance that occurs during any part of a school year.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.