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AB-2228 Education finance: school apportionments: wildfire mitigation.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2228:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2228


Introduced by Assembly Member Wood
(Principal coauthors: Assembly Members Aguiar-Curry, Levine, and Limón)
(Principal coauthors: Senators Dodd and McGuire)

February 13, 2018


An act to add and repeal Section 46392.5 of the Education Code, relating to education finance, and making an appropriation therefor. An act to amend Section 46392 of the Education Code, relating to education finance.


LEGISLATIVE COUNSEL'S DIGEST


AB 2228, as amended, Wood. Education finance: school apportionments: wildfire mitigation.
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 any 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. Existing law provides that in the event of a state of emergency declared by the Governor in a county, which causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, the Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency. Existing law requires the Superintendent to estimate the average daily attendance for the fiscal year in a manner that credits to the school district, county office of education, or charter school, for determining the apportionments to be made to it, the approximate 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.
This bill would allow the period determined by the Superintendent to be extended to the 2019–20 fiscal year, for a state of emergency declared by the Governor in a county due to the 2017 wildfires, for those wildfires, if a specified showing is made by a school district, county office of education, or charter school, to the satisfaction of the Superintendent. The bill would require the Superintendent to make a supplemental apportionment for the 2019–20 fiscal year to a school district, county office of education, or charter school in an amount that credits to the school district, county office of education, or charter school 50% of the apportionment the school district, county office of education, or charter school would have received from the State School Fund based on the average daily attendance the school district, county office of education, or charter school lost due to the 2017 wildfires, as determined by the Superintendent.

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 any 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. Existing law provides that in the event of a state of emergency declared by the Governor in a county, which causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, the Superintendent shall determine the length of period during which average daily attendance has been reduced by the state of emergency. Existing law requires the Superintendent to estimate the average daily attendance for the fiscal year in a manner that credits to the school district, county office of education, or charter school, for determining the apportionments to be made to it, 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. Existing law requires the Superintendent, on or before February 20 of each year, to make the first principal apportionment and, on or before July 2 of each year, to make the 2nd principal apportionment to each local educational agency.

This bill would require, if the average daily attendance of an eligible local educational agency has been materially decreased during the 2018–19 and 2019–20 fiscal years, the fact of a material decrease to be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the local educational agency and the county superintendent of schools. The bill, for purposes of these provisions, would define “eligible local educational agency” to mean a school district, county office of education, or charter school that is located within a county for which a state of emergency was declared by the Governor during the 2017 calendar year in response to wildfires, and, for purposes of these provisions, would define “material decrease” to mean a decrease in average daily attendance attributable to the dislocation of pupils’ families due to the conditions that led to the declaration of a state of emergency. The bill would require the Superintendent to estimate, for the 2018–19 and 2019–20 fiscal years, the total average daily attendance that would have been credited to the eligible local educational agency for purposes of receiving apportionments from the State School Fund had the emergency not occurred, excluding any average daily attendance credited pursuant to existing law. The bill would require the Superintendent to make a supplemental apportionment to an eligible local educational agency in an amount that credits to the eligible local educational agency the apportionment the eligible local educational agency would have received from the State School Fund based on the average daily attendance the eligible local educational agency lost, as adjusted according to a specified schedule. The bill would appropriate an amount sufficient to fulfill the purposes of these provisions from the General Fund to the Superintendent to be apportioned pursuant to these provisions, as specified. The bill would repeal these provisions on January 1, 2021.

Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

Vote: MAJORITY   Appropriation: YESNO   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) In the event 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. The
(2) The period determined by the Superintendent pursuant to paragraph (1) 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) (A) For a state of emergency declared by the Governor in a county due to the 2017 wildfires, the period determined by the Superintendent pursuant to paragraph (1) may be extended to the 2019–20 fiscal year 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 2017 wildfires.
(B) Notwithstanding any other law, for the 2019–20 fiscal year, the Superintendent shall make a supplemental apportionment to a school district, county office of education, or charter school subject to subparagraph (A) in an amount that credits to the school district, county office of education, or charter school 50 percent of the apportionment the school district, county office of education, or charter school would have received from the State School Fund based on the average daily attendance the school district, county office of education, or charter school lost due to the 2017 wildfires, as determined by the Superintendent pursuant to paragraph (1).
(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.

SECTION 1.Section 46392.5 is added to the Education Code, to read:
46392.5.

(a)If the average daily attendance of an eligible local educational agency, as defined in subdivision (b), has been materially decreased, as defined in subdivision (b), during the 2018–19 and 2019–20 fiscal years, the fact of that material decrease shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the local educational agency and the county superintendent of schools.

(b)For purposes of this section, the following definitions apply:

(1)“Eligible local educational agency” means a school district, county office of education, or charter school that is located within a county for which a state of emergency was declared by the Governor during the 2017 calendar year in response to wildfires.

(2)“Material decrease” means a decrease in average daily attendance attributable to the dislocation of pupils’ families due to the conditions that led to the declaration of a state of emergency described in paragraph (1).

(c)The Superintendent shall estimate, for the 2018–19 and 2019–20 fiscal years, the total average daily attendance that would have been credited to the eligible local educational agency for purposes of receiving apportionments from the State School Fund had the emergency not occurred, excluding any average daily attendance credited pursuant to Section 46392.

(d)Notwithstanding any other law, the Superintendent shall make a supplemental apportionment to an eligible local educational agency in an amount that credits to the eligible local educational agency the apportionment the eligible local educational agency would have received from the State School Fund based on the average daily attendance the eligible local educational agency lost, as adjusted according to the following:

(1)For the 2018–19 fiscal year, 75 percent of the estimated average daily attendance the eligible local educational agency lost, as calculated pursuant to subdivision (c).

(2)For the 2019–20 fiscal year, 50 percent of the estimated average daily attendance the eligible local educational agency lost, as calculated pursuant to subdivision (c).

(e)(1)An amount sufficient to fulfill the purposes of making supplemental apportionments required by subdivision (d) for the 2018–19 fiscal year is appropriated from the General Fund for the 2018–19 fiscal year to the Superintendent to be apportioned pursuant to subdivision (d) for those fiscal years.

(2)An amount sufficient to fulfill the purposes of making supplemental apportionments required by subdivision (d) for the 2019–20 fiscal year is appropriated from the General Fund for the 2019–20 fiscal year to the Superintendent to be apportioned pursuant to subdivision (d) for that fiscal year.

(f)(1)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (e) and allocated for the 2018–19 fiscal year shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2018–19 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2018–19 fiscal year.

(2)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (e) and allocated for the 2019–20 fiscal year shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2019–20 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year.

(g)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.