Today's Law As Amended


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AB-1115 Education.(1999-2000)



As Amends the Law Today


SECTION 1.

 Section 2558.45 of the Education Code is amended to read:

2558.45.
 For the purposes of this article the revenue limit of each county superintendent of schools shall be reduced by a deficit factor, as follows:
(a) (1) The revenue limit for the 1994–95 fiscal year for each county superintendent of schools determined pursuant to this article shall be reduced by a 12.59 percent deficit factor.
(2) The revenue limit for the 1995–96 fiscal year determined pursuant to this article for each county superintendent of schools shall be reduced by an 11.70 percent deficit factor.
(3) The revenue limit for the 1996–97 and 1997–98 fiscal years determined pursuant to this article for each county superintendent of schools shall be reduced by an 11.547 percent deficit factor, as adjusted pursuant to Section 42238.41.
(4) The revenue limit for the 1999–2000 fiscal year determined pursuant to this article for each county superintendent of schools shall be reduced by a 8.628 percent deficit factor.
(b) (1) The revenue limit for each county superintendent of schools for the 1994–95 fiscal year shall be determined as if the revenue limit for each county superintendent of schools had been determined for the 1993–94 fiscal year without being reduced by the deficit factor required pursuant to Section 2558.4.
(2) When computing the revenue limit for each county superintendent of schools for the 1995–96 or any subsequent fiscal year pursuant to this article, the revenue limit shall be determined as if the revenue limit for each county superintendent of schools had been determined for the previous fiscal year without being reduced by the deficit factor specified in this section.

SEC. 2.

 Section 8203.3 of the Education Code is amended to read:

8203.3.
 (a) The department, in consultation with  On or before June 30, 1999,  the State Department of Social Services, shall maintain and update the  Education shall develop  prekindergarten learning development guidelines. The guidelines shall  development of these guidelines shall be funded from funds appropriated for this purpose in the Budget Act of 1998. The guidelines shall  focus on preparing three-, four-,  four-  and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The department  State Department of Education  may contract with an appropriate public or private agency to develop the guidelines.
(b) In future expenditure plans for quality improvement activities, the State Department of Social Services  Education  shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines.
(c) Programs funded by the department under this chapter  State Department of Education under Article 6 (commencing with Section 8230), Article 7 (commencing with Section 8235), and Article 8 (commencing with Section 8240)  shall use the prekindergarten learning development guidelines developed pursuant to this section.

SEC. 3.

 Section 8447 of the Education Code is amended to read:

8447.
 (a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state subsidized child care and development program contracts with public and private agencies by the timely approval of contract provisions by the Department of Finance, the Department of General Services, and the State Department of Education and by authorizing the State Department of Education to establish a multiyear application, contract expenditure, and service review as may be necessary to provide timely service while preserving audit and oversight functions to protect the public welfare.
(b) The Department of Finance and the Department of General Services shall approve or disapprove annual contract funding terms and conditions, including both family copayment schedules and regional market rate schedules that are required to be adhered to by contract, and contract face sheets submitted by the State Department of Education not more than 30 working days from the date of submission, unless unresolved conflicts remain between the Department of Finance, the State Department of Education, and the Department of General Services. The State Department of Education shall resolve conflicts within an additional 30 working day time period. Contracts and funding terms and conditions shall be issued to child care contractors no later than June 1. Applications for new child care funding shall be issued not more than 45 working days after the effective date of authorized new allocations of child care moneys.
(c) With respect to subdivision (b), it is the intent of the Legislature that the Department of Finance annually review contract funding terms and conditions for the primary purpose of ensuring consistency between child care contracts and the child care budget. This review, shall include evaluating any proposed changes to contract language or other fiscal documents to which the contractor is required to adhere, including those changes to terms or conditions that authorize higher reimbursement rates, that modify related adjustment factors, that modify administrative or other service allowances, or that diminish copayment revenues otherwise available for services, to determine if the change is necessary or has the potential effect of reducing the number of full-time equivalent children that may be served.
(d) Alternative payment child care systems, as set forth in Article 3 (commencing with Section 8220), shall be subject to the rates established in the Regional Market Rate Survey of California Child Care Providers for provider payments. The State Department of Education shall contract to conduct and complete the annual Regional Market Rate Survey with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall provide to the State Department of Education the State Median Income amount for a four-person household in California based on the best available data. The State Department of Education shall adjust its fee schedule for child care providers to reflect this updated state median income.
(f) Notwithstanding the June 1 date specified in subdivision (b), changes to the regional market rate schedules and copayment schedules may be made at any other time to reflect the availability of accurate data necessary for their completion, provided these documents receive the approval of the Department of Finance. The Department of Finance shall review the changes within 30 working days of submission and the State Department of Education shall resolve conflicts within an additional 30 working day period. Contractors shall be given adequate notice prior to the effective date of the approved schedules. It is the intent of the Legislature that contracts for services not be delayed by the timing of the availability of accurate data needed to update these schedules.

SEC. 4.

 Section 8482.3 of the Education Code is amended to read:

8482.3.
 (a) The After School Education and Safety  Learning and Safe Neighborhoods Partnerships  Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public  elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs. schoolsites. 
(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program,  on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c) (1) An  Each component of a   after school  program established pursuant to this article shall consist of the following two elements: components: 
(A) (1)  An educational and literacy element in which  component whereby  tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training,  or science.
(B) (2)  An educational enrichment element that  A component whereby educational enrichment, which  may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. recreation and prevention activities, is provided. 
(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) (d)  Applicants for programs established pursuant to this article may include any of the following:
(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind. education agency, including a charter school. 
(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational education  agency or agencies.
(f) (e)  Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to operate a program on that site schoolsite  or sites. schoolsites. 
(2) The application has been approved by the school district, or the charter school governing body,  district  and the principal of each participating school for each schoolsite or other site. schoolsite. 
(3) Each partner in the application agrees to share responsibility for the quality of the program.
(4) The application designates the public agency or local educational education  agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner.  For purposes of this section, “public agency” means only a county board of supervisors or, if where  the city is incorporated or has a charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department. State Department of Education. 
(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9) The application states the targeted number of pupils to be served by the program.
(10) Applicants agree to provide the following information on participating pupils to the department:
(A) Schoolday attendance rates.
(B) Program attendance.
(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B) Program content, including the elements identified in subdivision (c).
(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite monitoring process.

SEC. 5.

 Section 8660 of the Education Code is amended to read:

8660.
 (a) The California State Summer School for Mathematics and Science is hereby created to establish a multidisciplinary academic development program in mathematics and science and to enable pupils with demonstrated academic excellence in mathematics and science to receive intensive educational enrichment in these subjects.
(b) The California State Summer School for Mathematics and Science shall provide an opportunity for pupils who wish to study advanced mathematics or science or to pursue careers that require a high degree of skills and knowledge in mathematics or science.

SEC. 6.

 Section 8661 of the Education Code is amended to read:

8661.
 The Regents of the University of California are hereby requested to operate the California State Summer School for Mathematics and Science.

SEC. 7.

 Section 8662 of the Education Code is amended to read:

8662.
 (a) Pupils who have demonstrated academic excellence in mathematics and science and who meet one of the following criteria shall be eligible for admission to the summer school:
(1) The pupil graduated, or will graduate, from the 8th grade at a California school at  the end of the school year immediately preceding the summer school session for which the pupil  he or she  is applying.
(2) The pupil is currently enrolled at a California school  in any of grades 9 to 12, inclusive.
(3) The pupil graduated from a California  high school during the school year immediately preceding the summer school session for which the pupil  he or she  is applying.
(b) A pupil’s participation in the summer school shall not be credited toward the pupil’s completion of the course of study prescribed for graduation from high school, unless the local school district that the pupil regularly attends tenders payment to the pupil, no later than the last day of the summer school session, for all application and other fees and expenses charged to the pupil by the summer school that would not be charged to a pupil enrolled in the public school system.

SEC. 8.

 Section 8663 of the Education Code is amended to read:

8663.
 (a) The Legislature finds and declares that the admission of out-of-state pupils to the California State Summer School for Mathematics and Science can enhance the national and international standing of the pupils who attend the summer school.
(b) It is the intent of the Legislature that pursuant to the eligibility criteria set forth in Section 8662, the Regents of the University of California adopt policies that will enable pupils who are not California residents, including residents of other countries, to be admitted to the California State Summer School for Mathematics and Science, not to exceed in any year 20 pupils or 5 percent of the total pupil population of the summer school, whichever is less. It is the further intent of the Legislature that admission of a nonresident under this subdivision may not result in the denial of admission under this chapter to a California resident who is eligible for that admission and satisfies applicable qualifications for admission.

SEC. 9.

 Section 8664 of the Education Code is amended to read:

8664.
 The Regents of the University of California are hereby  requested to perform all of the following duties:
(a) Provide for the operation and governance of the California State Summer School for Mathematics and Science, including the appointment of an advisory committee to assist in planning and administering the summer school.
(b) Develop and implement a statewide application procedure in cooperation with appropriate state and local agencies, including, but not limited to, school districts, the California State University, and the California Community Colleges. The cost of the application process shall be at least partially offset by charging each applicant a fee set at forty dollars ($40) in 2023, and this fee may be increased by an amount up to 5 percent each year thereafter.  not to exceed twenty dollars ($20).  Applicants who are unable to pay the fee shall petition the University of California for a waiver, which shall be granted or denied pursuant to the rules and regulations adopted pursuant to subdivision (b) of Section 8669.
(c) Develop the curriculum of the summer school.
(d) Establish a nonprofit foundation to develop and receive private support for the summer school or establish a separate account for donations.

SEC. 10.

 Section 8665 of the Education Code is repealed.

SEC. 11.

 Section 8666 of the Education Code is amended to read:

8666.
 It is the intent of the Legislature that the period of instruction for the California State Summer School for Mathematics and Science commence no earlier than one week following the end of the regular school year, and concludes no later than one week prior to the commencement of the next regular school year. This section shall not be construed to prohibit two sessions per year.

SEC. 12.

 Section 8667 of the Education Code is amended to read:

8667.
 (a) The University of California shall be responsible for selection of the faculty of the California State Summer School for Mathematics and Science.
(b) The faculty for the summer school shall be selected from distinguished kindergarten to 12th grade, inclusive, teachers and university faculty of mathematics and science, and may not be restricted to members of the current faculty of the University of California. Notwithstanding any other provision of law, the faculty may not be subject to credentialing requirements or any other restrictions upon eligibility for employment generally applicable to public school instructors, except for the requirement of obtaining a certificate of clearance from the Commission on Teacher Credentialing pursuant to Sections 44332.5, 44339, 44340, and 44341.

SEC. 13.

 Section 8668 of the Education Code is amended to read:

8668.
 The site for the California State Summer School for Mathematics and Science shall be chosen by the Regents of the University of California. The Regents of the University of California are requested to collaborate with other institutions of higher education regarding the planning and administration of the summer school.

SEC. 14.

 Section 8669 of the Education Code is amended to read:

8669.
 (a) It is the intent of the Legislature that at least 50 percent, but not more than 75 percent, of the actual costs of the California State Summer School for Mathematics and Science for each fiscal year would be financed by state funds beginning in the 1999–2000 fiscal year. The balance of the operating costs would be financed with fees and private support.
(b) The  Except as provided in subdivision (c), the  Regents of the University of California are requested to  shall  set a tuition fee within a range that corresponds to actual program costs, up to but not exceeding four thousand seven hundred seventy dollars ($4,770) one thousand dollars ($1,000)  per session in 2023, and the regents the year 2000, and  may increase this fee by an amount up to 5 percent each year thereafter. It is the intent of the Legislature that the University of California award full or partial scholarships on the basis of need and that pupils who are unable to pay all or part of the fee may petition the University of California for a fee reduction or waiver to ensure that a qualified applicant is not denied admission solely because of the applicant’s inability  an ability  to pay all part  or part all  of the fee. A Any  public announcement regarding the summer school program should include notification that need-based scholarships are available available,  and information regarding the procedure for applying for a scholarship award.
(c) For pupils who are not California residents, it is the intent of the Legislature that the Regents of the University of California set a tuition fee that is not less than the total actual costs to the summer school of services per pupil.
(c) (d)  The foundation authorized to be established pursuant to subdivision (d) (f)  of Section 8664 may raise funds from the private sector that may be used by  the summer school may use  for general program operating costs, scholarships, program augmentation, public relations, recruitment activity, or special projects. Private support may include, but is  not necessarily be  limited to, direct grants to the summer school from private corporations or foundations, individual contributions, in-kind contributions, or fundraising benefits conducted by any entity.
(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 15.

 Section 8669.1 of the Education Code is amended to read:

8669.1.
 It is the intent of the Legislature that the University of California conduct an evaluation on the effectiveness of the California State Summer School for Mathematics and Science every two years from July 7, 1999. The evaluation shall include a description of the planning conducted and actions taken to increase the participation of subgroups of pupils who are traditionally underrepresented in science, technology, engineering, and mathematics (STEM) professional fields, including pupils who are low-income. the effective date of the act that amends this section. 

SEC. 16.

 Section 8669.2 of the Education Code is repealed.

SEC. 17.

 Section 11020 of the Education Code is amended to read:

11020.
 (a) Local educational agencies may submit proposals to the Superintendent of Public Instruction to fund activities that will increase the percentage of pupils at qualifying high schools that meet the requirements for admission to the California State University or the University of California. The Superintendent of Public Instruction shall recommend, and the State Board of Education shall adopt criteria for the implementation of this chapter. Grants awarded pursuant to this chapter shall be used by the schoolsite to provide academic assistance and services to pupils necessary to inform pupils about the benefits of, and requirements for, higher education and to prepare pupils for college entrance. Funds awarded pursuant to this chapter shall not be used as a local match for any other state funded outreach, academic achievement, or college preparation program. These activities shall be designed to accomplish that which is set forth in paragraphs (1) to (3), inclusive, and either paragraph (4) or (5) of the following:
(1) Significant improvement on scores on nationally normed, standardized tests used for college admission decisions.
(2) Significant increases in the number and percentage of pupils who enroll in and complete the A-F or college preparatory course requirements that are a prerequisite for admission to the California State University and the University of California with at least a “C” grade.
(3) Increases in the college participation rate.
(4) Significant increases in the number and percentage of pupils who take nationally normed, standardized tests used for college admission decisions, and increases in the results of the assessment administered through Article 4 (commencing with Section 60640) of Chapter 5 of Part 33.
(5) Significant increases in the number and percentage of pupils who enroll in and complete the advanced placement courses and receive a score of “3” or above.
(b) Applications by local educational agencies to the Superintendent of Public Instruction for the funding of academic achievement programs pursuant to this chapter shall include all the following elements to be considered complete and eligible for consideration:
(1) Data from the prior fiscal year for all of the items listed in subdivision (a).
(2) An assessment that identifies the amount of improvement at the qualifying school that is necessary in order to perform at a level equivalent to the statewide average on each of the items listed in paragraphs (1) to (5), inclusive, of subdivision (a).
(3) A comprehensive plan developed by the regional partnership describing how the funds provided pursuant to this chapter in combination with the matching funds provided by other participants in the regional partnership will be used to improve performance on any of the items listed in subdivision (a).
(4) An accountability plan that assesses the progress made by students at the qualifying school towards performance at the 1997–98 statewide average on each of the items listed in paragraphs (1) to (5), inclusive, of subdivision (a).
(5) Evidence that each partner in the regional partnership is prepared to commit the amount of funds and other support outlined in the comprehensive plan required pursuant to paragraph (3). Local education agencies shall provide evidence that the total contribution from all of the partners, including, but not necessarily limited to, the reasonable value of in-kind goods or services, equals the amount of the grant.
(c) As used in this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:
(1) “Local educational agency” means school districts, county offices of education, or charter schools. “Institution of higher education” means any of the following:
(A) A California community college district.
(B) A campus of the California State University.
(C) A campus of the University of California.
(D) A member institution of the Association of Independent California Colleges and Universities.
(2) “Qualifying school” means a comprehensive high school that provides instruction in any of grades 9 to 12, inclusive, with a percentage of pupils who graduate from the school and enroll in the California State University or the University of California in the following year that is below the statewide average according to information from the California Postsecondary Education Commission.
(3) “Regional organization” includes, but is not limited to, business, labor, and community-based organizations.
(4) “Regional partnership” means a combination of at least one school district or county office of education, at least one institute of higher education, and at least one regional organization, each having an interest in and capacity to influence education in the region. “Regional partnership” is not limited to a combination formed pursuant to this chapter after the operative date of this chapter, but may also include a partnership in existence immediately preceding the operative date of this chapter if it complies with all of the requirements of this section. A partner may participate in more than one partnership and a partnership may encompass a geographic area that overlaps with an area covered by another partnership.

SEC. 18.

 Section 11021 of the Education Code is amended to read:

11021.
 (a) Pursuant to the criteria approved by the State Board of Education, the Superintendent of Public Instruction shall develop an application inviting local educational agencies to apply to receive funds for qualifying schools, subject to an appropriation of funds for purposes of this section.
(b) Funds shall be distributed and dispersed equitably throughout the state in a manner consistent with the purposes of this chapter and that ensures that qualifying schools located in rural, urban, and suburban areas have access to these programmatic funds.
(c) Priority in the allocation of funding to qualifying schools shall be based upon a combination of the following factors that shall be given equal consideration:
(1) The qualifying school’s relative low ranking in comparison to the statewide average percentage of high school graduates who complete the A-F or college preparatory course requirements for admission to the California State University and the University of California with a “C” grade or better.
(2) The qualifying school’s relative low ranking in comparison to the statewide average percentage of high school pupils who take the nationally-normed, standardized tests used for college admission decisions.
(3) The qualifying school’s relative low ranking in comparison to other schools maintaining the same grades in any of grades 9 to 12, inclusive, of the schoolwide average scores on nationally-normed, standardized tests used for college admission decisions.
(4) The qualifying school’s relative low ranking in comparison to other schools in its college participation rate.
(d) Funds allocated to qualifying schools pursuant to this chapter shall be awarded annually by the Superintendent of Public Instruction for a period of up to four years only if funding is appropriated in the annual Budget Act if both of the following conditions are met:
(1) After the second full funded year, and each year thereafter, the grant may be renewed on an annual basis for up to two additional years if the local educational agency submits data to the State Department of Education that demonstrates the necessary qualifying levels of improvement at the qualifying school in comparison to the year immediately preceding the year in which funds were provided to the school pursuant to this chapter, in accordance with subdivision (a) of Section 11020.
(2) The Superintendent of Public Instruction determines that the data submitted on behalf of qualifying schools demonstrates progress in each of the areas identified in subdivision (a) of Section 11020, as determined by relative improvement levels approved by the State Board of Education.
(e) Funds allocated pursuant to this section may not exceed one hundred dollars ($100) per pupil at a qualifying school in any single fiscal year. A qualifying school with less than 200 pupils may request funding of up to twenty thousand dollars ($20,000).
(f) Funds appropriated pursuant to this chapter may supplement, but may not supplant, any existing program or service provided at a qualifying school that is consistent with this chapter.
(g) No more than 5 percent of the amount that is appropriated to a local educational agency for expenditure at a qualifying school pursuant to this chapter shall be used for administrative costs.
(h) Grant recipients shall ensure that parents or guardians of all 8th grade pupils are notified of the course requirements that are a prerequisite for admission to the California State University and the University of California.

SEC. 18.5.

 Section 14002 of the Education Code is amended to read:

14002.
 (a) The Controller shall during each fiscal year commencing with the 1980–81 fiscal year, transfer from the General Fund of the state to that portion of the State School Fund restricted for elementary and high school purposes, hereinafter called Section A of the State School Fund such sums, in addition to the sums accruing from other sources, as shall provide in Section A of the State School Fund for apportionment during the fiscal year a total amount per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, as certified by the Superintendent of Public Instruction, of one hundred eighty dollars ($180).
(a) (b)  (1) The   Notwithstanding any other law, upon certification of the Superintendent pursuant to Sections 41330, 41332, and 41335, any amount necessary to meet the requirements of programs specified in subdivision (b) during each fiscal year are hereby continuously appropriated from the General Fund to Section A of the State School Fund for allocation by the Controller. Controller shall also transfer, as needed during each fiscal year commencing with the 1980–81 fiscal year, such additional amounts from the General Fund to Section A of the State School Fund as are certified from time to time by the Superintendent of Public Instruction to be necessary to meet actual computed apportionments from Section A of the State School Fund for the purposes set forth in Section 41301; provided that the total of such additional amounts transferred in a fiscal year shall not exceed, except pursuant to subdivision (c) of this section, one thousand two hundred sixty-eight dollars ($1,268) for the 1980–81 fiscal year and fiscal years thereafter, per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, as certified by the Superintendent of Public Instruction. 
(2) (c)  The amounts calculated for the programs specified in subdivision (b) are considered final as of the  In addition to the amounts authorized to be transferred to Section A of the State School Fund under subdivisions (a) and (b), the Controller shall transfer from the General Fund to Section A of the State School Fund during the fiscal year, upon  certification of the second principal apportionment in the fifth succeeding fiscal year, inclusive, of  Superintendent of Public Instruction, if necessary to meet actual computed apportionments for  the fiscal year for which the calculation is being made. Final submissions shall be submitted pursuant to procedures and timeframes established by the Superintendent. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341. the purposes set forth in Sections 41300 and 41301, an amount not to exceed the lesser of: (1) 1 percent of the total apportionment from Section A of the State School Fund in the preceding fiscal year for the purposes set forth in Sections 41300 and 41301, or (2) the net amount, if any, by which the total amounts authorized to be transferred from the General Fund to Section A of the State School Fund under subdivisions (a) and (b) in prior fiscal years have exceeded the total amounts actually apportioned in prior fiscal years for the purposes set forth in Sections 41300 and 41301. 
(b) Programs included for purposes of this section are all of the following:
(1) Chapter 12.5 (commencing with Section 2574) of Part 2.
(2) Section 41544.
(3) Section 41850.1.
(4) Article 2 (commencing with Section 42238) of Chapter 7 of Part 24 of Division 3 of Title 2, except Section 42238.024.
(5) Section 47663.
(6) Article 7 (commencing with Section 48300) of Chapter 2 of Part 27 of Division 4 of Title 2.
(7) (d)  Article 10 The Controller shall also transfer to Section A of the State School Fund any additional amounts appropriated thereto by the Legislature in augmentation of any of the amounts for any of the purposes set forth in Sections 41300 and 41301 and such additional amounts shall be allowed and apportioned by the Superintendent of Public Instruction and warrants therefor drawn by the Controller in the manner provided in Sections 41050, 46304, and 84503 and in this article, Article 2  (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2. 14040), Article 3 (commencing with Section 41330) of Chapter 3, and Article 1 (commencing with Section 41600) of Chapter 4 of Part 24. 
(c) (1) Notwithstanding subdivision (a), commencing with the 2019–20 fiscal year, if, for an upcoming fiscal year, the total amount necessary to meet the requirements of the programs specified in subdivision (b) is projected to be in excess of 89 percent of the General Fund and Education Protection Account revenues and allocated proceeds of taxes that are necessary to meet the requirements of Section 8 of Article XVI of the California Constitution, excluding appropriations made to the Chancellor of the California Community Colleges for allocation to community college districts, then before the enactment of the annual Budget Act for that fiscal year, the Director of Finance may reduce the following to a percentage equal to or greater than the projected growth rate of the minimum amount necessary to meet the requirements of Section 8 of Article XVI of the California Constitution, but not less than zero:
(A) (e)  The adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and Section 42287. amounts transferred under subdivisions (a) and (b) of this section shall be cumulatively increased by the following amounts: 
(B) The inflation or cost-of-living adjustment otherwise authorized or required for all of the following programs:
(i) Subdivision (b) of Section 8265 or its successor section.
(ii) Subdivision (c) of Section 49536.
(iii) Subdivision (b) of Section 56836.142.
(iv) (1)  Subdivision (d) of Section 17581.6 of the Government Code. In the 1981–82 fiscal year, by 7 percent. 
(2) The percentage reductions made pursuant to subparagraph (B) of paragraph (1) shall be no less than the percentage reductions made pursuant to subparagraph (A) of paragraph (1). In the 1982–83 fiscal year and each fiscal year thereafter, by 6 percent.  
(3) This subdivision shall not be construed to change the adjustment identified in paragraph (2) of subdivision (d) of Section 42238.02 for a prior fiscal year.
(4) (f)  Notwithstanding Section 10231.5 of the Government Code, the Director of Finance shall report to the Legislature, consistent with Section 9795 of the Government Code, before the enactment of the annual Budget Act each fiscal year any amounts or percentages reduced Commencing with the 1999–2000 fiscal year, the Controller shall also transfer from the General Fund to Section A of the State School Fund during the fiscal year additional amounts necessary to meet computed apportionments of general-purpose funding for charter schools pursuant to Section 47633 less local funds allocated to the charter school pursuant to Section 47635. (g)   from inflation or cost-of-living adjustments pursuant to paragraph (1) for the upcoming fiscal year. This section shall become inoperative on July 1, 2002, and, as of January 1, 2003, is repealed, unless a later enacted statute that is enacted before January 1, 2003, deletes or extends the dates on which it becomes inoperative and is repealed. 

SEC. 18.7.

 Section 14002 is added to the Education Code, to read:

14002.
 (a) The Controller shall during each fiscal year commencing with the 1980–81 fiscal year, transfer from the General Fund of the state to that portion of the State School Fund restricted for elementary and high school purposes, hereinafter called Section A of the State School Fund such sums, in addition to the sums accruing from other sources, as shall provide in Section A of the State School Fund for apportionment during the fiscal year a total amount per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, as certified by the Superintendent of Public Instruction, of one hundred eighty dollars ($180).
(b) The Controller shall also transfer, as needed during each fiscal year commencing with the 1980–81 fiscal year, such additional amounts from the General Fund to Section A of the State School Fund as are certified from time to time by the Superintendent of Public Instruction to be necessary to meet actual computed apportionments from Section A of the State School Fund for the purposes set forth in Section 41301; provided that the total of such additional amounts transferred in a fiscal year shall not exceed, except pursuant to subdivision (c) of this section, one thousand two hundred sixty-eight dollars ($1,268) for the 1980–81 fiscal year and fiscal years thereafter, per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, as certified by the Superintendent of Public Instruction.
(c) In addition to the amounts authorized to be transferred to Section A of the State School Fund under subdivisions (a) and (b), the Controller shall transfer from the General Fund to Section A of the State School Fund during the fiscal year, upon certification of the Superintendent of Public Instruction, if necessary to meet actual computed apportionments for the fiscal year for the purposes set forth in Sections 41300 and 41301, an amount not to exceed the lesser of: (1) 1 percent of the total apportionment from Section A of the State School Fund in the preceding fiscal year for the purposes set forth in Sections 41300 and 41301, or (2) the net amount, if any, by which the total amounts authorized to be transferred from the General Fund to Section A of the State School Fund under subdivisions (a) and (b) in prior fiscal years have exceeded the total amounts actually apportioned in prior fiscal years for the purposes set forth in Sections 41300 and 41301.
(d) The Controller shall also transfer to Section A of the State School Fund any additional amounts appropriated thereto by the Legislature in augmentation of any of the amounts for any of the purposes set forth in Sections 41300 and 41301 and such additional amounts shall be allowed and apportioned by the Superintendent of Public Instruction and warrants therefor drawn by the Controller in the manner provided in Sections 41050, 46304, and 84503 and in this article, Article 2 (commencing with Section 14040), Article 3 (commencing with Section 41330) of Chapter 3, and Article 1 (commencing with Section 41600) of Chapter 4 of Part 24.
(e) The amounts transferred under subdivisions (a) and (b) of this section shall be cumulatively increased by the following amounts:
(1) In the 1981–82 fiscal year, by 7 percent.
(2) In the 1982–83 fiscal year and each fiscal year thereafter, by 6 percent.
(f) This section shall become operative on July 1, 2002.

SEC. 19.

 Article 8 (commencing with Section 18200) is added to Chapter 2 of Part 11 of the Education Code, to read:

Article  8. California Classroom Library Materials Act of 1999
18200.
 The Legislature finds and declares that the availability of grade-level appropriate reading materials in the classroom provides an intellectually stimulating environment for early readers and an opportunity to develop beginning reading skills; promotes an appreciation for reading; and helps to establish the conditions in which children become independent readers and lifelong learners. The Legislature further finds and declares that classroom libraries make resources available to teachers that help them to motivate pupils and to enhance their skill and enjoyment in reading.
18201.
 (a) The California Classroom Library Materials Act of 1999 is hereby established, and shall be administered by the Superintendent of Public Instruction.
(b) Any school district that maintains a kindergarten or any of grades 1 to 4, inclusive, may apply for funding to the Superintendent of Public Instruction under this article. A charter school may apply for funding on its own behalf or through its chartering entity. Notwithstanding Section 47610, a charter school applying on its own behalf is required to develop and certify approval of a classroom library plan.
(c) (1) As a condition of receiving funding under this article, a school district shall develop a districtwide kindergarten and grade 1 to grade 4, inclusive, classroom library plan and shall receive certification of the plan from the governing board of the school district. A school district shall include in the plan a means of preventing loss, damage, or destruction of the materials.
(2) In developing the plan required by paragraph (1), school districts are encouraged to include school library media teachers, primary grade teachers, and to consider selections included in the list of recommended books established pursuant to Section 19336. If a school library media teacher is not employed by the school district, the district is encouraged to involve a school library media teacher employed by the county office of education in the development of the plan.
18202.
 (a) A fund is hereby established in the State Treasury to be known as the Business Organizations and Opportunities for Kids Fund. Moneys donated by private entities for the purchase of classroom reading materials pursuant to this article shall be deposited into this fund. These donations shall be tax exempt and treated as a charitable contribution to the extent allowed under both federal and state law.
(b) All moneys in the Business Organizations and Opportunities for Kids Fund are available for expenditure only upon an appropriation in the annual Budget Act or other act. The fund shall be administered by the State Librarian in consultation with the Superintendent of Public Instruction. The allocation and expenditure of money in the fund shall be consistent with Section 18203.
18203.
 (a) Funds appropriated for the purposes of this article shall be apportioned to eligible school districts in an equal amount per enrollment reported in the second principal apportionment of the prior fiscal year for kindergarten or any of grades 1 to 4, inclusive. Upon receiving an apportionment, a school district shall allocate these funds to each schoolsite that maintains a kindergarten or any of grades 1 to 4, inclusive. The schoolsite shall expend the funds for the purchase of grade-level appropriate reading materials in accordance with the districtwide kindergarten and grade 1 to grade 4, inclusive, classroom library plan required by Section 18201.
(b) For the purposes of this article, “grade-level appropriate reading materials” means nontextbook fiction and nonfiction books and periodicals.

SEC. 20.

 Section 37252 of the Education Code, as amended by Chapter 1 of the 1999–2000 First Extraordinary Session, is amended to read:

37252.
 (a) The governing board of each district maintaining any or all of grades 7 to 12, inclusive, shall offer and a charter school that maintains any or all of grades 7 to 12, inclusive, may offer summer school instructional programs, using the amount computed pursuant to Section 42239, for pupils enrolled in grades 7 to 12, inclusive, who do not demonstrate sufficient progress toward passing the exit examination required for high school graduation pursuant to Chapter 8 (commencing with Section 60850) of Part 33. Sufficient progress shall be determined on the basis of either of the following:
(1) The results of the assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and the minimum levels of proficiency recommended by the State Board of Education pursuant to Section 60648.
(2) The pupils’ grades and other indicators of academic achievement designated by the district.
(b) The summer school programs shall also be offered to pupils who were enrolled in grade 12 during the prior school year after the completion of grade 12.
(c) (1) For purposes of this section a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade.
(2) For the purposes of this section, pupils who do not possess sufficient English language skills to be assessed as set forth in Sections 60850 and 60853, shall be considered pupils who do not demonstrate sufficient progress towards passing the exit examination required for high school graduation and shall receive supplemental instruction designed to assist the pupils succeed on the high school exit examination.
(d) Instructional programs may be offered pursuant to this section during the summer, after school, Saturday, or during intersession, or in any combination of summer, after school, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.
(e) This section shall become operative January 1, 2000.

SEC. 21.

 Section 37252.5 of the Education Code is amended to read:

37252.5.
 (a) The governing board of each district maintaining any or all of grades 2 to 9, inclusive, shall offer and a charter school maintaining any or all of grades 2 to 9, inclusive, may offer programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 9, inclusive, who have been retained pursuant to Section 48070.5. A school district or charter school may require a pupil who has been retained to participate in supplemental instructional programs. Notwithstanding the requirements of this section, the school district or charter school shall provide a mechanism for a parent or guardian to decline to enroll his or her child in the program. Attendance in supplemental instructional programs shall not be compulsory within the meaning of Section 48200.
(b) Each charter school and the governing board of each district maintaining any or all of grades 2 to 6, inclusive, may offer programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 6, inclusive, with low mathematics, reading, or written expression scores to allow those pupils to achieve proficiency in standards adopted by the State Board of Education. Services offered pursuant to this subdivision shall be provided to pupils in the following priority order:
(1) Pupils who have been recommended for retention or who have been identified as being at risk of retention pursuant to Section 48070.5 or school district policies.
(2) Pupils who have been identified as having a deficiency in mathematics, reading, or written expression based on the results of the tests administered under the Standardized Testing and Reporting Program established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33.
(c) Supplemental educational services pursuant to subdivisions (a) and (b) shall be offered during the summer, after school, on Saturdays, or during intersession, or in a combination of summer school, after school, Saturday, or intersession instruction. Services shall not be provided during the pupil’s regular instructional day if it would result in the pupil being removed from classroom instruction in the core curriculum.
(d) For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade. Summer school instruction may also be offered to pupils who were enrolled in grade 6 during the prior fiscal year after the completion of grade 6. For ninth grade pupils identified in subdivision (a), summer school instruction may also be offered to pupils who were enrolled in grade 9 during the prior fiscal year after the completion of grade 9.
(e) Each school district or charter school shall use results from tests administered under the Standardized Testing and Reporting Program, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or other evaluative criteria to identify eligible pupils pursuant to subdivision (b).
(f) An intensive remedial program in reading or written expression offered pursuant to this section shall, as needed, include instruction in phoneme awareness, systematic explicit phonics and decoding, word attack skills, spelling and vocabulary, explicit instruction of reading comprehension, writing, and study skills.
(g) Each school district or charter school shall seek the active involvement of parents and classroom teachers in the development and implementation of supplemental instructional programs provided pursuant to this section.
(h) It is the intent of the Legislature that pupils who are at risk of failing to meet state adopted standards, or who are at risk of retention, be identified as early in the school year, and as early in their school careers as possible and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected levels of academic achievement.
(i) (1) The maximum amount of funding for the purposes of programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall not exceed 10 percent of the statewide total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239. Any funding provided for the purposes of this section shall first be used by the district or charter school to provide services required pursuant to subdivision (a), and then shall be allocated in the following manner:
(A) Notwithstanding subdivision (g) of Section 42239, a school district or charter school that offers instruction pursuant to subdivisions (a) and (b) to serve pupils in grades 2 to 6, inclusive, shall be entitled to receive an additional reimbursement in an amount up to 5 percent of the district’s or charter school’s total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(B) The balance of the appropriation made for the purposes of funding programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall be allocated for reimbursement for pupil attendance in instruction pursuant to subdivisions (a) and (b) that is in excess of 5 percent of the district’s enrollment for the prior year in grades 2 to 6, inclusive, multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(2) If the funds claimed by school districts or charter schools pursuant to subparagraph (B) of paragraph (1) of this subdivision exceed the available balance of the appropriation made for the purposes of funding programs offered pursuant to this section in paragraph (1) of this subdivision after the minimum allocation to eligible districts has been made pursuant to subparagraph (A) of paragraph (1) of this subdivision, the allocation of the balance shall be prorated based on each district’s or charter school’s share of the total additional hours of instruction offered pursuant to subparagraph (B) of paragraph (1) of this subdivision.

SEC. 22.

 Section 37253 of the Education Code is amended to read:

37253.
 (a) The governing board of any school district that offers summer school instructional programs pursuant to this article, and a charter school, may also offer summer school programs for instruction in mathematics, science, or other core academic areas designated by the Superintendent of Public Instruction.
(b) The governing board of a school district, or a charter school operating a summer school program pursuant to subdivision (a) may apply to the Superintendent of Public Instruction for grants for the following purposes:
(1) To establish staff development programs for teachers, to upgrade the academic and instructional skills of those teachers providing instruction in the summer school program.
(2) To establish a training program in which persons enrolled in a postsecondary educational institution or teacher training program and who intend to teach mathematics, science, or other core academic areas designated by the Superintendent of Public Instruction, provide supervised instructional services.
(c) To the extent feasible, programs established pursuant to subdivision (b) shall be operated in cooperation with postsecondary educational institutions, teacher education and computer centers, and other appropriate institutions.
(d) The Superintendent of Public Instruction shall adopt rules and regulations necessary to implement this section, including, but not limited to, the designation of academic areas other than mathematics and science as core academic areas.
(e) Instructional programs may be offered pursuant to this section during the summer, after school, Saturday, or during intersession, or in any combination of summer, after school, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.

SEC. 23.

 Section 41203.1 of the Education Code is amended to read:

41203.1.
 (a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for the  purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for the  purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.
(b) If the single calculation made pursuant to Section 41203 yields a guaranteed amount of funding that is less than the sum of the amounts calculated pursuant to subdivision (a), then  the amount calculated pursuant to Section 41203 shall be prorated for the three segments of public education.
(c) Notwithstanding any other provision of  law, this section does shall  not apply to the  fiscal year  1992–93 to the 2024–25 fiscal years,  fiscal year 1999–2000,  inclusive.

SEC. 24.

 Section 41344 is added to the Education Code, to read:

41344.
 (a) If, as the result of an audit or review, a local education agency is required to repay an apportionment significant audit exception, the Superintendent of Public Instruction and the Director of Finance, or their designees, within 90 days of the date on which a local education agency receives the final report of the audit or review, shall jointly establish a plan for repayment of state school funds that the local education agency received on the basis of average daily attendance, or other data, that did not comply with statutory or regulatory requirements that were conditions of the apportionments. At the time the local education agency is notified, the Controller shall also be notified of the repayment plan. The repayment plan shall be established in accordance with the following:
(1) The Controller shall withhold the disallowed amount at the next principal apportionment or pursuant to paragraph (2), unless subdivision (d) applies, in which case the disallowed amount shall be withheld, at the next principal apportionment or pursuant to paragraph (2) following the determination regarding the appeal. In calculating the disallowed amount, the Controller shall determine the total amount of overpayment received by the local education agency on the basis of average daily attendance, or other data, reported by the local education agency that did not comply with one or more statutory or regulatory requirements that are conditions of apportionment.
(2) If the Superintendent of Public Instruction and the Director of the Department of Finance concur that repayment of the full liability in the current fiscal year would constitute a severe financial hardship for the local agency, they may approve a repayment plan of equal annual payments over a period of up to eight years. The repayment plan shall include interest on each year’s outstanding balance at the rate earned on the state’s short-term pooled investment fund during that year. The Superintendent of Public Instruction and the Director of the Department of Finance shall jointly establish this repayment plan. The Controller shall withhold amounts pursuant to the repayment plan.
(3) If the Superintendent of Public Instruction and the Director of the Department of Finance do not jointly establish a schedule for repayment and notify the State Controller’s Office of that repayment schedule within 90 days following the date on which the local education agency received the final report of the audit or review, the State Controller shall withhold the entire disallowed amount determined pursuant to paragraph (1) at the next principal apportionment.
(b) A local educational agency’s fiscal year average daily attendance may not be computed pursuant to Section 42238.5 if the average daily attendance of a local education agency is adjusted by the Superintendent of Public Instruction pursuant to subdivision (a) or pursuant to any other audit or review conducted by a governmental agency.
(c) Notwithstanding any other provision of law, this section may not be waived under any authority set forth in this code except that a local educational agency may request a waiver of strict compliance in accordance with Section 41609.
(d) Within 60 days of the date on which a local education agency receives a final audit report resulting from an audit or review, a local agency may appeal a finding contained in the final report to a panel consisting of the Superintendent of Public Instruction, the Director of the Department of Finance, and a Chief Administrative Officer of the Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, or one of their designees. Within 90 days of the date on which the appeal is received by the panel, a hearing shall be held at which the local agency may present evidence or arguments if the local education agency believes that the final report contains any finding that was based on errors of fact. A repayment schedule may not commence until the panel reaches a determination regarding the appeal. If the panel determines that the local agency is correct in its assertion in whole or in part, the allowable portion of any apportionment payment that was withheld shall be paid at the next principal apportionment.
(e) As used in this section, “audit or review” means an audit conducted by the Controller’s office, an annual audit conducted by a certified public accountant or a public accountant firm pursuant to Section 41020, and an audit or review conducted by a governmental agency that provided the local education agency with an opportunity to provide a written response.

SEC. 24.4.

 Section 41857 is added to the Education Code, to read:

41857.
 A charter school is eligible for funding pursuant to, and shall comply with all requirements of, this article. For purposes of this article, a reference to a school district shall be deemed to also be a reference to a charter school.

SEC. 24.6.

 Section 42238 of the Education Code is amended to read:

42238.
 (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  the current  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 received  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) (c)  For the 2004–05 fiscal year, the equalization adjustment specified in Section 42238.44. Except for districts subject to subdivision (d), the base revenue limit computed pursuant to subdivision (b) shall be multiplied by the district average daily attendance computed pursuant to Section 42238.5. 
(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) (d)  (1)  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  districts for which the number of units of average daily attendance determined pursuant to Section 42238.5 is greater for the current fiscal year than for the 1982–83 fiscal year, compute the following amount, in lieu of  the amount computed pursuant to this paragraph for the prior fiscal year. subdivision (c): 
(2) (A)  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  Multiply the base revenue limit computed pursuant to subdivision (c) by the  average daily attendance computed pursuant to Section 42238.5 by the total adjustments in funding for each school district made for the 2007–08 fiscal year pursuant to Section 42238.22 as it read on January 1, 2009. for the 1982–83 fiscal year. 
(d) (B)  The sum of the  Multiply the lesser of the amount in subdivision (c) or 1.05 times the statewide average  base revenue limit computed pursuant to subdivision (b) and the add-on computed pursuant to subdivision (c) shall be multiplied by the school district  per unit of average daily attendance for districts of similar type for the current fiscal year by the difference between the  average daily attendance computed pursuant to Section 42238.5. 42238.5 for the current and 1982–83 fiscal years. 
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For school  districts electing to compute units of average daily attendance pursuant to paragraph (2) (3)  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 of schools  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  prior to  the enactment of Chapter 330 of the Statutes of 1982 was were  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 were  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 any  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 by funds received pursuant to Section 42243.6.
(B) (C)  Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by a any  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 of Public Instruction  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. Superintendent of Public Instruction. 
(h) The Superintendent of Public Instruction  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 3  (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) The amount of motor vehicle license fees distributed pursuant to Section 11003.4 of the Revenue and Taxation Code.
(6) (7)  (A)  The amount, if any, received pursuant to any provision of  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 or  remodeling, maintenance,  or deferred maintenance, and  except for any amount received pursuant to Section 33492.15 of,  33492.15,  paragraph (4) of subdivision (a) of Section 33607.5 of,  33607.5,  or Section 33607.7 of, 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) (8)  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  State Department of Education  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, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 25.

 Section 42238.1 of the Education Code is amended to read:

42238.1.
 (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 school  districts of similar type.
(B) The amount, if any, per unit of average daily attendance received by the school  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 school  districts of similar type.
(B) The amount, if any, per unit of average daily attendance received by the school  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, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 26.

 Section 42238.145 of the Education Code is amended to read:

42238.145.
 For the purposes of this article, the revenue limit for each school district shall be reduced by a deficit factor, as follows:
(a) (1) For the 1994–95 fiscal year, the revenue limit for each school district determined pursuant to this article shall be reduced by an 11.01 percent deficit factor.
(2) For the 1995–96 fiscal year, the revenue limit for each school district determined pursuant to this article shall be reduced by a 10.12 percent deficit factor.
(3) For the 1996–97 and 1997–98 fiscal years, the revenue limit for each school district determined pursuant to this article shall be reduced by a 9.967 percent deficit factor, as adjusted pursuant to Section 42238.42.
(4) For the 1999–2000 fiscal year, the revenue limit for each school district determined pursuant to this article shall be reduced by a 6.996 percent deficit factor.
(b) (1) The revenue limit for the 1994–95 fiscal year for each school district shall be determined as if the revenue limit for each school district had been determined for the 1993–94 fiscal year without being reduced by the deficit factor required pursuant to Section 42238.14.
(2) When computing the revenue limit for each school district for the 1995–96 or any subsequent fiscal year pursuant to this article, the revenue limit shall be determined as if the revenue limit for that school district had been determined for the previous fiscal year without being reduced by the deficit factor specified in this section.

SEC. 27.

 Section 42239 of the Education Code is amended to read:

42239.
 For the 1984–85 fiscal year and each fiscal year thereafter, the county superintendent shall compute an amount for each school district’s or charter school’s summer school attendance in the following manner:
(a) Divide the amount received on account of average daily attendance pursuant to Section 42238.6 in the 1983–84 fiscal year by the 1983–84 fiscal year hours of attendance. This amount shall be increased annually by the percentage increase granted to school districts or charter schools for base revenue limit increases.
(b) Multiply the amount computed in subdivision (a) by the lesser of the 1983–84 fiscal year hours of summer school attendance or the actual fiscal year hours of summer school attendance computed pursuant to paragraph (1) of subdivision (d).
(c) If the fiscal year hours of summer school attendance computed pursuant to subdivision (d) in fiscal years 1984–85 through 1997–98, inclusive, or pursuant to subdivision (f) in 1998–99 and each fiscal year thereafter, exceed the hours of summer school attendance specified in subdivision (b), multiply the increased hours by one dollar and fifty cents ($1.50). This amount shall be increased annually by the percentage increase pursuant to subdivision (b) of Section 42238.1 granted to school districts or charter schools for base revenue limit increases.
(d) Commencing in the 1984–85 fiscal year to the 1997–98 fiscal year, inclusive, summer school attendance shall be the sum of paragraphs (1), (2), and (3):
(1) The hours of attendance in the categories identified in Section 42238.6 as it read in the 1983–84 fiscal year.
(2) Any summer school hours of attendance for mathematics, science, English as a second language, or other core curriculum areas designated by the Superintendent of Public Instruction.
(3) Hours of general, vocational work experience education, if the school district or charter school certifies to the Superintendent of Public Instruction that all courses identified in paragraphs (1) and (2) have been offered to meet student demand and if the statewide demand, up to the amounts specified in subdivision (e), as amended by the annual Budget Act, and the amounts specified in the appropriation made for the purposes of this section in the annual Budget Act, has been met for all courses identified in paragraphs (1) and (2). The total statewide amount apportioned for general vocational work experience summer school programs shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. If the total statewide entitlement pursuant to this paragraph exceeds one hundred thousand dollars ($100,000), the State Department of Education shall apportion funds on a pro rata basis. As used in this section, reimbursement of “hours of general vocational work experience” shall be based on the number of hours of attendance for that work experience course, at a rate equal to that for a course in paragraph (2) of the same number of credits.
(e) (1) Except as otherwise provided in paragraph (3) of subdivision (d), a school district’s maximum entitlement for reimbursement for pupil attendance in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d) shall be an amount equal to 5 percent of the district’s or charter school’s total enrollment for the prior fiscal year times 120 hours, times the hourly rate for the current fiscal year determined pursuant to subdivision (c).
(2) A district, or charter school, may enroll more than 5 percent of its students, or may enroll students for more than 120 hours per year in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d), as long as the total state apportionment to the district or charter school for those programs does not exceed the amount computed pursuant to paragraph (1). A district or charter school shall earn its entitlement at the per pupil hourly rate pursuant to subdivision (c).
(f) Commencing in the 1998–99 fiscal year and each fiscal year thereafter, summer school attendance shall be the sum of paragraphs (1), (2), and (3):
(1) The hours of attendance claimed by school districts, or charter schools, for the following:
(A) For the 1998–99 and 1999–2000 fiscal years, for the categories identified in Section 42238.6 as it read in the 1983–84 fiscal year.
(B) Instruction provided pursuant to Section 37252.
(C) Instruction provided to pupils in grades 7, 8, and 9, inclusive, pursuant to Section 37252.5.
(2) Any summer school hours of attendance for mathematics, science, English as a second language, or other core curriculum areas designated by the Superintendent of Public Instruction.
(3) Hours of general vocational work experience education, if the school district or charter school certifies to the Superintendent of Public Instruction that all courses identified in paragraphs (1) and (2) have been offered to meet pupil demand and if the statewide demand, up to the amounts set forth in subdivision (g), as amended by the annual Budget Act, and the amounts set forth in the appropriation made for the purposes of this section in the annual Budget Act, has been met for all courses identified in paragraphs (1) and (2). The total statewide amount apportioned for general vocational work experience summer school programs shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. If the total statewide entitlement pursuant to this paragraph exceeds one hundred thousand dollars ($100,000), the State Department of Education shall apportion funds on a pro rata basis. As used in this section, reimbursement of “hours of general vocational work experience” shall be based on the number of hours of attendance for that work experience course, at a rate equal to that for a course in paragraph (2) of the same number of credits.
(g) (1) Commencing in the 1998–99 fiscal year, and each fiscal year thereafter, except as otherwise provided in paragraph (3) of subdivision (f), a school district’s or charter school’s maximum entitlement for reimbursement for pupil attendance in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (f) shall be an amount equal to 7 percent of the district’s total enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c).
(2) Notwithstanding paragraph (1), or any other provision of law, the Superintendent of Public Instruction shall reallocate to any school district any unexpended balance of the appropriations made for the current fiscal year for core academic summer school programs, pursuant to paragraph (2) of subdivision (f) in the following priority:
(A) For the purposes of funding any deficiencies, for the current fiscal year, in remedial summer school programs authorized pursuant to paragraph (1) of subdivision (f).
(B) For reimbursement for actual pupil attendance in summer school programs authorized under paragraph (2) of subdivision (f). In no event shall any district or charter school receive reimbursement for pupil attendance in summer school programs in excess of 10 percent of the district’s enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year.
(C) For the purposes of funding supplemental educational services for the current fiscal year authorized pursuant to subdivision (b) of Section 37252.5.
(D) For the purposes of funding general vocation work experience education for the current fiscal year authorized pursuant to paragraph (3) of subdivision (f).
(h) Notwithstanding any other provision of law, classes may be convened pursuant to this section during the summer, before school, after school, during school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.
(i) Notwithstanding any other provision of law, the hourly rates determined pursuant to this section shall be reduced by the deficit factor determined pursuant to Section 42238.145.

SEC. 28.

 Section 42239.1 of the Education Code is amended to read:

42239.1.
 (a) For the 1999–2000 fiscal year and each fiscal year thereafter, each school district shall be eligible for reimbursement for hours of pupil attendance claimed for intensive reading programs offered pursuant to Article 1 (commencing with Section 53025) of Chapter 16 of Part 28 of the Education Code in an amount up to 10 percent of the district’s total enrollment in kindergarten and grades 1 to 4, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239 reduced by the deficit factor described in Section 42238.145. This amount shall be provided in addition to the amount provided pursuant to Section 42239.
(b) When expending funds received pursuant to this section a school district shall give first priority for the purpose specified in paragraph (1) of subdivision (c) of Section 53027.

SEC. 28.5.

 Section 42247.5 of the Education Code is amended to read:

42247.5.
 (a) For the purposes of Section 42247.1, the “Administrative Recommendations and Action Plans for Implementing a Voluntary Desegregation Plan in the Sacramento City Unified School District,” adopted February 29, 1988, and as subsequently amended, shall be the latest adopted desegregation plan for the Sacramento City Unified School District.
(b) (1) Notwithstanding Section 42247, commencing with the 1998–99 fiscal year, and each fiscal year thereafter, reimbursements for voluntary desegregation authorized pursuant to Sections 42243.9, 42247, and 42249 to the Sacramento City Unified School District shall not exceed the amount in excess of one-fifth of the audited desegregation costs approved by the Controller and actually incurred in the 1990–91 fiscal year, reduced by the federal desegregation reimbursement of three million ninety-six thousand nine hundred eighty-nine dollars ($3,096,989) received in the 1990–91 fiscal year, adjusted pursuant to Section 42247.2, provided that the school district has contributed in the prior fiscal year not less than one-fifth of the audited costs approved by the Controller that fiscal year. The audited costs actually incurred in the 1990–91 fiscal year includes expenditures for the Sacramento City Unified School District’s federal magnet program.
(2) Notwithstanding paragraph (1), commencing with the 1998–99 fiscal year, the Sacramento City Unified School District’s level of reimbursement shall be calculated based on actual reimbursements received for its 1998–99 voluntary desegregation audited claim.
(c) Nothing in this section shall be construed to permit the Sacramento City Unified School District to receive any of the following:
(1) Additional reimbursement for the costs of its voluntary desegregation program for any fiscal year prior to the 1998–99 fiscal year.
(2) More than four-fifths of actual costs of the district’s voluntary desegregation program approved by the Controller for any fiscal year.
(3) Reimbursement for any voluntary desegregation program costs for which the district receives federal funding.

SEC. 29.

 Section 44235 of the Education Code is amended to read:

44235.
 (a) Fees shall be levied by the commission for the issuance and renewal of teaching and service credentials. Commencing January 1, 1987, the fee for the issuance and renewal of teaching and service credentials shall be fifty dollars ($50). In subsequent years, the commission may set a different fee, but in no case shall a fee exceed one hundred  seventy  dollars ($100) ($70)  without express legislative approval.
(b) A single fee, not to exceed the charge for a single supplemental credential, shall be charged for all supplemental credentials applied for at the same time as a teaching or service credential pursuant to subdivision (a).
(c) Subject to funds being appropriated expressly for this purpose in the annual Budget Act, fees authorized by this section shall be waived by the commission for first-time teaching credential applicants for the following credentials:
(1) Single subject credential.
(2) Multiple subject credential.
(3) Special education credential.
(4) Specialist instruction credential.
(d) Annually, as part of the budget review process, the Department of Finance shall recommend to the Legislature an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as determined by the Department of Finance pursuant to subdivision (b) of Section 44234.

SEC. 30.

 Section 44579.1 of the Education Code is amended to read:

44579.1.
 (a) There is hereby established the Instructional Time and Staff Development Reform Program. It is the intent of the Legislature that this program enhance staff development opportunities for classroom personnel, but this article shall not be construed to provide the sole source of funding for staff development activities for school personnel or to limit in any way the amount or type of staff development that is provided to school district personnel from other resources.
(b) The State Department of Education shall submit draft regulations for the purpose of implementing this article to the State Board of Education for its review and approval. The State Board of Education shall adopt regulations for the purpose of implementing this article pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) (1) Each fiscal year, the Superintendent of Public Instruction shall provide each eligible school district and county office of education applying for a grant pursuant to this article with a staff development allowance of two hundred seventy dollars ($270) per day, adjusted annually commencing with the 1999–2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, for up to three days, for each certificated classroom teacher and one hundred forty dollars ($140) per day, adjusted annually commencing with the 1999–2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, for up to one day for each classified classroom instructional aide and certificated teaching assistant who participates in staff development instructional methods, including teaching strategies, classroom management and other training designed to improve pupil performance, conflict resolution, and academic content in the core curriculum areas that are provided by the school district or county office of education.
(2) Each fiscal year, the Superintendent of Public Instruction, shall provide each eligible charter school applying for a grant pursuant to this article with a staff development allowance of two hundred seventy dollars ($270) per day, adjusted annually commencing with the 1999–2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, for up to three days, for each classroom teacher and one hundred forty dollars ($140) per day adjusted annually commencing with the 1999–2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, for up to one day for each classroom instructional aide and assistant who participates in staff development instructional methods, including teaching strategies, classroom management, conflict resolution, and other training designed to improve pupil performance, and academic content in the core curriculum areas that are provided by the charter school.
(d) To be eligible for a grant pursuant to this article, the staff development program provided by the school district, charter school, or county office of education shall meet all of the following requirements:
(1) Meet local educational priorities as defined by the governing board of the school district, charter school, or county board of education.
(2) Be consistent with regulations defining staff development activities eligible to receive funding under this section.
(e) To qualify as a funded participant, each eligible participant shall be present for the full staff development day, and records of attendance shall be maintained in a manner to be prescribed in regulations. Each staff development day shall be at least as long as the full-time instructional workday for certificated or classified instructional employees of the school district. For purposes of this section, a single staff development day may be conducted over several calendar days.
(f) (l) Except as provided pursuant to paragraph (2), if the staff development day is conducted after completion of an instructional day, it may not be held on a minimum day for which a parent or guardian was notified pursuant to subdivision (c) of Section 48980.
(2) For staff working in multitrack, year-round schools, not more than two staff development days may be scheduled for “off track” teachers at a school with a minimum day scheduled. In this event, teachers at the multitrack, year-round school who are being paid for service on the minimum days are not eligible for that day of funding under this article.
(g) Notwithstanding Section 45203, probationary and permanent employees in the classified service may not receive regular pay on days during which staff development is offered pursuant to this article unless they are required to report for duty on those days.
(h) A charter school may be eligible to receive funding under this chapter only if the school certifies that it meets the minimum instructional time requirements applicable to school districts.
(i) This section shall be operative in any fiscal year only to the extent that funds are provided for its purposes in the annual Budget Act.

SEC. 31.

 Section 45125 of the Education Code is amended to read:

45125.
 (a) (1) Except as provided in Section 45125.01, the governing board of any school district shall require each person to be employed in a position not requiring certification qualifications, except a secondary school pupil employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school attended by the pupil, to have two fingerprint cards bearing the legible rolled and flat impressions of the person’s fingerprints together with a personal description of the applicant prepared by a local public law enforcement agency having jurisdiction in the area of the school district, which agency shall transmit the cards, together with the fee required by subdivision (f), to the Department of Justice; except that any district, or districts with a common board, may process the fingerprint cards if the district so elects.
(2) As used in this section, “local public law enforcement agency” includes any school district and as used in Section 45126 requires the Department of Justice to provide to any school district, upon application, information pertaining only to applicants for employment by the district, including applicants who are employees of another district.
(b) (1) Upon receiving the fingerprint cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department and forward the information to the employing agency submitting the applicant’s fingerprints no more than 15 working days after receiving the fingerprint cards. The Department of Justice shall not forward records of criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication.
(2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the department shall notify the school district that it cannot so ascertain the required information. This notification shall be delivered by telephone or electronic mail to the school district. If a school district is notified by the Department of Justice that it cannot ascertain the required information about a person, the school district may not employ that person until the Department of Justice ascertains that information.
(3) In the case of a person to be employed in a position not requiring certification qualifications who is described in subparagraph (A) or (B), the school district shall request the Department of Justice to forward one copy of the fingerprint cards to the Federal Bureau of Investigation for the purpose of obtaining any record of previous convictions of the applicant.
(A) The person has not resided in the State of California for at least one year immediately preceding the person’s application for employment.
(B) The person has resided for more than one year, but less than seven years, in the State of California and the Department of Justice has ascertained that the person was convicted of a sex offense where the victim was a minor or a drug offense where an element of the offense is either the distribution to, or the use of a controlled substance by, a minor.
(c) The governing board of a school district shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section and Sections 45125.5 and 45126, except that this subdivision does not apply to secondary school pupils who are to be employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend.
(d) The governing board of each district shall maintain a list indicating the number of current employees, except secondary school pupils employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend, who have not completed the requirements of this section. The Department of Justice shall process these cards within 30 working days of their receipt and any cards in its possession on the date of the amendment of this section by Assembly Bill 1610 of the 1997–98 Regular Session within 30 working days of that date. School districts that have previously submitted identification cards for current employees to either the Department of Justice or the Federal Bureau of Investigation shall not be required to further implement the provisions of this section as it applies to those employees.
(e) A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information.
(f) (1) The school district shall provide the means whereby the fingerprint cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice with the required copies of applicant’s fingerprint cards. The governing board may collect a reasonable fee payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. In no event shall the fee exceed the actual costs incurred by the agency.
(2) The additional fees shall be transmitted to the city or county treasury. If an applicant is subsequently hired by the board within 30 days of the application, the fee may be reimbursed to the applicant. Funds not reimbursed to applicants shall be credited to the general fund of the district. If the fingerprint cards forwarded to the Department of Justice are those of a person already in the employ of the governing board, the district shall pay the fee required by this section, which fee shall be a proper charge against the general fund of the district, and no fee shall be charged the employee.
(g) This section applies to substitute and temporary employees regardless of length of employment.
(h) Subdivision (c) of this section shall not apply to a person to be employed if a school district determines that an emergency or an exceptional situation exists, and that a delay in filling the position in which the person would be employed would endanger pupil health or safety.
(i) Where reasonable access to the statewide, electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section.
(j) A school district shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(k) All information obtained from the Department of Justice is confidential. Each agency handling Department of Justice information shall ensure the following:
(1) No recipient may disclose its contents or provide copies of information.
(2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records.
(3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
(l) Notwithstanding any other provision of law, the Department of Justice shall process pursuant to this section all requests from a school district, an employer, or a human resource agency for criminal history information on a volunteer to be used in a school.

SEC. 32.

 Section 46300 of the Education Code is amended to read:

46300.
 (a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the district or county office who possessed a valid certification document, registered as required by law.
(b) (1) For the  purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical  Vocational  Education, “immediate supervision,” in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision.
(2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This  Notwithstanding Section 52033, this  ratio may be waived by the state board  State Board of Education  pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2  under criteria developed by the state board. State Board of Education. 
(3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144.
(c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district.
(2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day.
(d) (1) For the  purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state board;  State Board of Education;  however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324.
(2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a any  pupil in attendance for less than 145 minutes each day.
(3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180.
(4) Notwithstanding any other provision of  law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance.
(e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. 28 for five or more consecutive schooldays. 
(2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day.
(f) For purposes of cooperative career technical  vocational  education programs and community classrooms described in Section 52372.1, “immediate supervision” means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences.
(g) (1) In computing the average daily attendance of a school district or charter school, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met:
(A) (g)  The school district or charter school  In computing the average daily attendance of a school district, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten only if the school district  has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department  State Department of Education  and signed by the pupil’s parent or guardian, that the pupil may continue in kindergarten for not more than one an  additional school year.
(B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000.
(2) A school district or charter school may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten.

SEC. 32.1.

 The heading of Chapter 3 (commencing with Section 47610) of Part 26.8 of the Education Code is amended to read:

CHAPTER  3. Charter School Operation

SEC. 32.2.

 Section 47612 of the Education Code is amended to read:

47612.
 (a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the California Constitution, with regard to the appropriation of public moneys to be apportioned to any charter school, including, but not necessarily  limited to, appropriations made for the  purposes of this chapter.
(b) The average daily attendance in a charter school may not, in any event, be generated by a pupil who is not a California resident. To remain eligible for generating charter school apportionments, a pupil over 19 years of age shall be continuously enrolled in public school and make satisfactory progress towards award of a high school diploma. The state board  State Board of Education  shall, on or before January 1, 2000, adopt regulations defining “satisfactory progress.”
(c) A charter school shall be deemed to be a “school district” for purposes of Article 1 (commencing with Section 14000) of Chapter 1 of Part 9 of Division 1 of Title 1, Section 41301, Section  Section  41302.5, Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3,  Part 24,  Section 47638, and Sections 8 and 8.5 of Article XVI of the California Constitution.
(d) For purposes of calculating average daily attendance, no pupil shall generate more than one day of attendance in a calendar day. Notwithstanding any other law, a charter school that operates a multitrack calendar shall comply with all of the following:
(1) Calculate attendance separately for each track. The divisor in the calculation shall be the calendar days in which school was taught for pupils in each track.
(2) Operate no more than five tracks.
(3) Operate each track for a minimum of 175 days. If the charter school is a conversion school, the charter school may continue its previous schedule as long as it provides no fewer than 163 days of instruction in each track.
(4) For each track, provide the total number of instructional minutes, as specified in Section 47612.5.
(5) No track shall have less than 55 percent of its schooldays before April 15.
(6) Unless otherwise authorized by statute, no pupil shall generate more than one unit of average daily attendance in a fiscal year.
(e) Compliance with the conditions set forth in this section shall be included in the audits conducted pursuant to Section 41020.

SEC. 32.4.

 Section 47613 of the Education Code is repealed.

47613.
 (a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school.
(b) A chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority.
(c) A local educational agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, may charge for the actual costs of supervisorial oversight, and administrative costs necessary to secure charter school funding. A charter school that is charged for costs under this subdivision may not be charged pursuant to subdivision (a) or (b).
(d) This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source.
(e) For purposes of this section, “chartering authority” means a school district, county board of education, or the state board, that granted the charter to the charter school.
(f) For purposes of this section, “revenue of the charter school” means the amount received in the current fiscal year from the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03.
(g) For purposes of this section, “costs of supervisorial oversight” include, but are not limited to, costs incurred pursuant to Section 47607.3.

SEC. 32.5.

 Section 47613.5 of the Education Code is repealed.

SEC. 32.6.

 Section 47613.7 of the Education Code is amended and renumbered to read:

47613.
 (a) Except as set forth in subdivision (b), a chartering agency may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school.
(b) A chartering agency may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering agency.
(c) A local agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, may charge for the costs of supervisorial oversight, and administrative costs necessary to secure charter school funding, not to exceed 3 percent of the revenue of the charter school. A charter school that is charged for costs under this subdivision shall not be charged pursuant to subdivision (a) or (b).
(d) This section shall not prevent the charter school from separately purchasing administrative or other services from the chartering agency or any other source.
(e) For the purposes of this section, a chartering agency means a school district, county department of education, or the State Board of Education, that granted the charter to the charter school.

SEC. 32.8.

 Chapter 6 (commencing with Section 47630) is added to Part 26.8 of the Education Code, to read:

CHAPTER  6. Funding
Article  1. General Provisions
47630.
 (a) It is the intent of the Legislature that each charter school be provided with operational funding that is equal to the total funding that would be available to a similar school district serving a similar pupil population, except that a charter school may not be funded as a necessary small school or a necessary small high school, nor receive revenue limit funding that exceeds the statewide average for a school district of a similar type.
(b) The Legislature finds and declares that the funding method established by this chapter provides for simple and, at the option of the charter school, local or direct allocation of funds to charter schools in a manner that is consistent with state and federal law.
47630.5.
 (a) This chapter applies to the calculation of operational funding for charter schools. Except as otherwise provided in this chapter, this chapter shall apply to all charter schools without regard to their sponsoring local education agency.
(b) For the 1999–2000, 2000–01, and 2001–02 fiscal years in the case of a charter school that was assigned a number by the State Board of Education prior to June 1, 1999, the use of the charter school funding method established by this chapter shall be at the discretion of that charter school. A charter school that elects to have its funding determined pursuant to the method established by this chapter shall notify the State Department of Education by June 1 prior to the affected fiscal year. An election to be funded pursuant to the method established by this chapter is irrevocable.
(c) Additional legal or fiscal responsibilities on the part of a county superintendent of schools are not imposed by this chapter, except as specifically provided in this chapter.
47631.
 (a) Article 2 (commencing with Section 47633) and Article 3 (commencing with Section 47636) may not apply to a charter granted pursuant to Section 47605.5.
(b) Notwithstanding subdivision (a), a pupil attending a county-sponsored charter school who is eligible to attend that school solely as a result of parental request pursuant to subdivision (b) of Section 1981 shall be funded pursuant to this chapter.
47632.
 For purposes of this chapter, the following terms shall be defined as follows:
(a) “General-purpose entitlement” means an amount computed by formula set forth in Section 47633 beginning in the 1999–2000 fiscal year, which is based on the statewide average amounts of general purpose funding from those state and local sources identified in Section 47633 received by school districts of similar type and serving similar pupil populations.
(b) “Categorized block grant” means an amount computed by the formula set forth in Section 47634 beginning in the 1999–2000 fiscal year, which is based on the statewide average amounts of categorical aid from those sources identified in Section 47634 received by school districts of similar type and serving similar pupil populations.
(c) “General-purpose funding” means those funds that consist of state aid, local property taxes, and other revenues applied toward a school district’s revenue limit, pursuant to Section 42238.
(d) “Categorical aid” means aid that consists of state or federally funded programs, or both, which are apportioned for specific purposes set forth in statute or regulation.
(e) “Educationally disadvantaged pupils” means those pupils who are eligible for subsidized meals pursuant to Section 49552 or are identified as English learners pursuant to subdivision (a) of Section 306, or both.
(f) “Operational funding” means all funding except funding for capital outlay.
(g) “School district of a similar type” means a school district that is serving similar grade levels.
(h) “Similar pupil population” means similar numbers of pupils by grade level, with a similar proportion of educationally disadvantaged pupils.
(i) “Sponsoring local educational agency” means the following:
(1) In the cases where a charter school is granted by a school district, the sponsoring local educational agency is the school district.
(2) In cases where a charter is granted by a county office of education after having been previously denied by a school district, the sponsoring local educational agency means the school district that initially denied the charter petition.
(3) In cases where a charter is granted by the State Board of Education after having been previously denied by a local educational agency, the sponsoring local educational agency means the local educational agency designated by the State Board of Education pursuant to paragraph (1) of subdivision (k) of Section 47605 or if a local educational agency is not designated, the local educational agency that initially denied the charter petition.
(4) For pupils attending county-sponsored charter schools who are eligible to attend such schools solely as a result of parental request pursuant to subdivision (b) of Section 1981, the sponsoring local education agencies means the pupils’ school districts of residence.
47632.5.
 A charter school that is established through the conversion of an existing public school where the charter is granted by a district other than the district in which the school is located may not generate or receive revenue limit funding in excess of the revenue limit of the school district in which the school was located prior to the conversion to charter status. This limitation shall apply whether the charter converts to charter status a single existing public school or multiple existing public schools.
Article  2. Charter School Block Grant
47633.
 The Superintendent of Public Instruction shall annually compute a general-purpose entitlement, funded from a combination of state aid and local funds, for each charter school as follows:
(a) The superintendent shall annually compute the statewide average amount of general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of making these computations, both of the following conditions shall apply:
(1) Revenue limit funding attributable to pupils in kindergarten and grades 1 to 5, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by elementary school districts; revenue limit funding attributable to pupils in grades 6, 7, and 8, shall equal the statewide average revenue limit funding per unit of average daily attendance received by unified school districts; and revenue limit funding attributable to pupils in grades 9 to 12, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by high school districts.
(2) Revenue limit funding received by school districts shall exclude the value of any benefit attributable to the presence of necessary small schools or necessary small high schools within the school district.
(b) The superintendent shall multiply each of the four amounts computed in subdivision (a) by the charter school’s average daily attendance in the corresponding grade level ranges. The resulting figure shall be the amount of the charter school’s general-purpose entitlement, which shall be funded through a combination of state aid and local funds. From funds appropriated for this purpose pursuant to Section 14002, the superintendent shall apportion to each charter school this amount, less local funds allocated to the charter school pursuant to Section 47635.
(c) General-purpose entitlement funding may be used for any public school purpose determined by the governing body of the charter school.
47634.
 The Superintendent of Public Instruction shall annually compute a categorical block grant amount for each charter school as follows:
(a) The superintendent shall compute, as of June 30, 1999, the estimated statewide average amount of funding for other state categorical aid per unit of average daily attendance received by school districts in 1998–99, for each of four grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and grades 9 to 12, inclusive. For purposes of this computation, other state categorical aid is limited to the following programs:
(1) The Agricultural Vocational Education Incentive Program, as set forth in Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28.
(2) Apprentice education established pursuant to Article 8 (commencing with Section 8150) of Chapter 1 of Part 6.
(3) The Beginning Teacher Support and Assessment System as set forth in Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 25.
(4) College preparation programs as set forth in Chapter 8 (commencing with Section 60830) of Part 33, the Academic Improvement and Achievement Act as set forth in Chapter 12 (commencing with Section 11020) of Part 7, and the advanced placement program as set forth in Chapter 8.3 (commencing with Section 52240) of Part 28.
(5) Community day schools as set forth in Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
(6) The Demonstration Programs in Intensive Instruction as set forth in Chapter 4 (commencing with Section 58600) of Part 31.
(7) The School-Based Pupil Motivation And Maintenance Program and Dropout Recovery Act, as set forth in Article 7 (commencing with Section 54720) of Chapter 9 of Part 29.
(8) The Early Intervention For School Success Program, as set forth in Article 4.5 (commencing with Section 54685) of Chapter 9 of Part 29.
(9) Education Technology pursuant to Article 15 (commencing with Section 51870.5) of Chapter 5 of Part 28.
(10) Foster youth programs pursuant to Chapter 11.3 (commencing with Section 42920) of Part 24.
(11) Gifted and talented pupil programs pursuant to Chapter 8 (commencing with Section 52200) of Part 28.
(12) The Healthy Start Support Services for Children Act, as set forth in Chapter 5 (commencing with Section 8800) of Part 6.
(13) High-risk first-time offenders programs pursuant to Chapter 2 (commencing with Section 47760) of Part 26.95.
(14) The General Fund contribution to the State Instructional Material Fund pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33.
(15) Intersegmental programs for kindergarten and grades 1 to 12, inclusive, funded by Item 6110-230-0001 of Section 2.00 of the Budget Act of 1998.
(16) Proposition 98 educational programs pursuant to Item 6110-231-0001 of Section 2.00 of the Budget Act of 1998.
(17) The California Mentor Teacher Program, as set forth in Article 4 (commencing with Section 44490) of Chapter 3 of Part 25.
(18) The Miller-Unruh Basic Reading Act of 1965, as set forth in Chapter 2 (commencing with Section 54100) of Part 29.
(19) The Morgan-Hart Class Size Reduction Act of 1989, as set forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
(20) Opportunity schools pursuant to Article 2 (commencing with Section 48630) of Chapter 4 of Part 27.
(21) Partnership academies pursuant to Article 5 (commencing with Section 54690) of Chapter 9 of Part 29.
(22) Mathematics staff development pursuant to Chapter 3.25 (commencing with Section 44695) and Chapter 3.33 (commencing with Section 44720) of Part 25.
(23) Improvement of elementary and secondary education pursuant to Chapter 6 (commencing with Section 52000) of Part 28.
(24) The School Community Policing Partnership Act of 1998, as set forth in Article 6 (commencing with Section 32296) of Chapter 2.5 of Part 19.
(25) The School/Law Enforcement partnership funded by Item 6110-226-0001 of Section 2.00 of the Budget Act of 1998.
(26) Specialized secondary schools pursuant to Chapter 6 (commencing with Section 58800) of Part 31.
(27) School personnel staff development and resource centers pursuant to Chapter 3.1 (commencing with Section 44670) of Part 25.
(28) Supplemental grants funded by Item 6110-230-0001 of Section 2.00 of the Budget Act of 1998.
(29) Academic progress and counseling review pursuant to Section 48431.6.
(30) The Schiff-Bustamante Standards-Based Instructional Materials Programs as set forth in Chapter 3.5 (commencing with Section 60450) of Part 33.
(31) The Elementary School Intensive Reading Program, as set forth in Chapter 16 (commencing with Section 53025) of Part 28.
(32) The California Public School Library Protection Act, as set forth in Article 6 (commencing with Section 18175) of Chapter 2 of Part 11.
(33) The Public School Accountability Act of 1999, as set forth in Chapter 6.1 (commencing with Section 52050) of Part 28.
(34) The California Peer Assistance and Review Program for Teachers, as set forth in Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25.
Notwithstanding any other provision of law, charter schools that have received a block grant pursuant to this section shall not be eligible to receive separate funding for programs enumerated in paragraphs (1) to (34), inclusive.
(b) For purposes of the computation prescribed by subdivision (a), other state categorical aid may not include any of the following:
(1) Programs for which a charter school is required to apply separately.
(2) Programs that support, or are provided in lieu of, capital expenses.
(3) Funding for court-ordered or voluntary desegregation programs.
(4) Special education programs.
(5) Economic Impact Aid.
(6) Lottery funds.
(c) The superintendent shall annually adjust each of the resulting four amounts computed pursuant to subdivision (a) by the cumulative percentage change from the 1998–99 fiscal year, as annually calculated by the Director of Finance pursuant to Section 47634.5, in the total amount of state funding per unit of average daily attendance received by K–12 local educational agencies for purposes that apply toward meeting the requirements of Section 8 of Article XVI of the California Constitution, exclusive of funding for adult education, child development programs, special education, Economic Impact Aid, revenue limits for school districts and county offices of education, and programs for which a charter school is required to apply separately.
(d) The superintendent shall multiply each of the four amounts computed in subdivision (c) by the charter school’s average daily attendance in the corresponding grade level ranges.
(e) The superintendent shall compute the statewide average amount of funding per identified educationally disadvantaged pupil received by school districts in the current year pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29. This amount shall be multiplied by the number of educationally disadvantaged pupils enrolled in the charter school. The resulting amount may not, in any event, be less than the minimum amount if greater than zero of Economic Impact Aid funding to which a school district of similar size would be entitled pursuant to Section 54031. For purposes of this subdivision, a pupil who is eligible for subsidized meals pursuant to Section 49552 and is identified as an English language learner pursuant to subdivision (a) of Section 306 shall count as two pupils.
(f) The superintendent shall add the amounts computed in subdivisions (d) and (e). The resulting amount shall be the charter school’s categorical block grant, that the superintendent shall apportion to each charter school from funds appropriated for this purpose in the annual Budget Act or another statute.
(g) Notwithstanding any other provision of law, a charter school is not eligible to apply for funding under any of the programs the funding of which is included in the computation of the categorical block grant. The Superintendent of Public Instruction shall annually provide each charter school with a list of these programs and shall ensure that a charter school receives timely notification of the opportunity to apply for programs administered by the State Department of Education that are excluded from the categorical block grant.
(h) It is the intent of the Legislature to fully fund the categorical block grant and to appropriate additional funding that may be needed in order to compensate for unanticipated increases in average daily attendance in charter schools.
(i) Categorical block grant funding may be used for any purpose determined by the governing body of the charter school.
47634.5.
 (a) The Director of Finance shall compute and provide to the Superintendent of Public Instruction within 30 days of the enactment of the Budget Act of 1999 the percentage change calculated based on the Budget Act of 1999 and accompanying statutes in the following:
(1) The total amount of state funding per unit of average daily attendance received by kindergarten and grades 1 to 12, inclusive, local educational agencies in 1998–99 for purposes that apply toward meeting the requirements of Section 8 of Article XVI of the California Constitution for any fiscal year, exclusive of funding for school district revenue limits, county offices of education, adult education, child development programs, special education, Economic Impact Aid, and programs for which a charter school is required to apply separately.
(2) The total amount of state funding per unit of average daily attendance appropriated in the Budget Act of 1999 and related implementing legislation for kindergarten and grades 1 to 12, inclusive, local educational agencies for purposes which count toward meeting the requirements of Section 8 of Article XVI of the California Constitution for any fiscal year, exclusive of funding for school district revenue limits, charter schools’ general-purpose entitlements, county offices of education, adult education, child development programs, special education, Economic Impact Aid, and programs for which a charter school is required to apply separately.
(b) Commencing in 2000, the Director of Finance shall annually compute and provide as part of the May revision to the Governor’s Budget the percentage change in the following:
(1) The total amount of state funding per unit of average daily attendance received by kindergarten and grades 1 to 12, inclusive, local educational agencies in 1998–99 for purposes which count toward meeting the requirements of Section 8 of Article XVI of the California Constitution for any fiscal year, exclusive of funding for school district revenue limits, county offices of education, adult education, child development programs, special education, Economic Impact Aid, and programs for which a charter school is required to apply separately.
(2) The total amount of state funding per unit of average daily attendance proposed to be appropriated in the following year for kindergarten and grades 1 to 12, inclusive, local educational agencies in the budget year for purposes which count toward meeting the requirements of Section 8 of Article XVI of the California Constitution for any fiscal year, exclusive of funding for school district revenue limits, charter schools’ general-purpose entitlements, county offices of education, adult education, child development programs, special education, Economic Impact Aid, and programs for which a charter school is required to apply separately.
47635.
 (a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the following two amounts:
(1) The average amount of property taxes per unit of average daily attendance, including average daily attendance attributable to charter schools, received by the local educational agency, multiplied by the charter school’s average daily attendance.
(2) The statewide average general-purpose funding per unit of average daily attendance received by school districts, as determined by the State Department of Education, multiplied by the charter school’s average daily attendance in each of the four corresponding grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and grades 9 to 12, inclusive.
(b) The sponsoring local educational agency shall transfer funding in lieu of property taxes to the charter school in monthly installments, by no later than the 15th of each month.
(1) For the months of August to February, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes received by the sponsoring local educational agency during the preceding fiscal year, as reported to the Superintendent of Public Instruction for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to the charter school the charter school’s estimated annual entitlement to funding in lieu of property taxes as follows:
(A) Six percent in August.
(B) Twelve percent in September.
(C) Eight percent each month in October, November, December, January, and February.
(2) For the months of March to June, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the fiscal year, as reported to the Superintendent of Public Instruction for purposes of the first principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to one-sixth of the difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraph (1). An additional one-sixth of this difference shall be included in the amount transferred in the month of March.
(3) For the month of July, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the prior fiscal year, as reported to the Superintendent of Public Instruction for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to the remaining difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraphs (1) and (2).
(4) Final adjustments to the amount of funding in lieu of property taxes allocated to a charter school shall be made in February, in conjunction with the final reconciliation of annual apportionments to schools.
Article  3. Other Operational Funding Available to Charter Schools
47636.
 (a) This chapter may not be construed to prevent charter schools from applying for, or receiving, operational funding under state or federal categorical programs, the funding of which is not included in the computation of the block grant entitlement. Unless specifically prohibited, a charter school shall only apply for federal or state categorical programs as follows:
(1) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply for federal and state categorical programs individually. Except as otherwise provided in this chapter, for purposes of determining eligibility for, and allocations of federal or state categorical aid, a charter school that applies individually shall be deemed to be a school district.
(2) A charter school that does not elect to receive its funding directly may apply for federal and state categorical programs in cooperation with its sponsoring local educational agencies.
(b) This chapter may not be construed to prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not otherwise set forth in this chapter including, but not limited to, all of the following:
(1) Forest reserve revenues and other operational revenues received due to harvesting or extraction of minerals or other natural resources.
(2) Sales and use taxes, to the extent that the associated revenues are available for noncapital expenses of public schools.
(3) Parcel taxes, to the extent that the associated revenues are available for noncapital expenses of public schools.
(4) Ad valorem property taxes received by a school district which exceed its revenue limit entitlement.
(5) “Basic aid” received by a school district pursuant to Section 6 of Article IX of the California Constitution.
47638.
 For purposes of determining eligibility for, and allocations of, lottery funds, a charter school shall be deemed to be a school district. The State Department of Education shall determine each charter school’s appropriate share of statewide total average daily attendance and include this information in its transmittals to the Controller for use in computing allocations of lottery funds.
Article  4. Special Education Funding
47640.
 For the purposes of this article, “local educational agency” means a school district as defined in Section 41302.5 or a charter school that is deemed a local educational agency pursuant to Section 47641. As used in this article, “local educational agency” also means a charter school that is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate to local educational agencies.
47641.
 (a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1.
(b) A charter school that was granted a charter by a local educational agency that does not comply with subdivision (a) may not be deemed a local educational agency pursuant to this article, but shall be deemed a public school of the local educational agency that granted the charter.
(c) A charter school that has been granted a charter by the State Board of Education, and for which the board has delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, and does not comply with subdivision (a), shall be deemed a public school of the local educational agency to which the board has delegated its supervisorial and oversight responsibilities.
(d) A charter school that has been granted a charter by the State Board of Education, and for which the board has not delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, may not be deemed a local educational agency unless the charter school complies with subdivision (a).
47642.
 Notwithstanding Section 47651, all state and federal funding for special education apportioned on behalf on pupils enrolled in a charter school shall be included in the allocation plan adopted pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both, by the special education local plan area that includes the charter school.
47643.
 If the approval of a petition for a charter school requires a change to the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, the change shall be adopted pursuant to the policymaking process of the special education local plan area.
47644.
 For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the Superintendent of Public Instruction pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11, as adjusted pursuant to the incidence multiplier set forth in Section 56836.155, shall be apportioned by the superintendent for each unit of average daily attendance reported pursuant to subdivision (a) of Section 56836.06.
47645.
 An agency reviewing a request by a charter school to participate as a local educational agency in a special education local plan area may not treat the charter school differently from the manner in which it treats a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, a local or state agency shall ensure all of the following:
(a) The special education local plan area complies with Section 56140.
(b) The charter school participates in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area.
(c) The charter school participates in governance of the special education local plan area and benefits from services provided throughout the special education local plan area, in the same manner as other local educational agencies of the special education local plan area.
47646.
 (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall participate in state and federal funding for special education in the same manner as any other public school of that local educational agency. A child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that local educational agency. The agency that granted the charter shall ensure that all children with disabilities enrolled in the charter school receive special education and designated instruction and services in a manner that is consistent with their individualized education program and is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations.
(b) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56200) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education receives an equitable share of special education funding and services consisting of either, or both, of the following:
(1) State and federal funding provided to support special education instruction or designated instruction and services, or both, provided or procured by the charter school that serve pupils enrolled in and attending the charter school.
(2) Any necessary special education services, including administrative and support services and itinerant services, that is provided by the local educational agency on behalf of pupils with disabilities enrolled in the charter school.
(c) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56200) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education also contributes an equitable share of its charter school block grant funding to support districtwide special education instruction and services, including, but not limited to, special education instruction and services for pupils with disabilities enrolled in the charter school.
47647.
 A local educational agency reviewing a petition for the establishment or renewal of a charter school may not refuse to grant the petition solely because the charter might enroll pupils with disabilities who reside in a special education local plan area other than the special education local plan area that includes the local educational agency reviewing the petition.
Article  5. Apportionment of Funds
47650.
 A charter school shall be deemed to be a school district for purposes of determining the manner in which warrants are drawn on the State School Fund pursuant to Section 14041. For purposes of Section 14041, a charter school’s “total amount certified” means the state aid portion of the charter school’s total general-purpose entitlement and categorical block grant computed pursuant to Sections 47633 and 47634.
47651.
 (a) A charter school may receive the state aid portion of the charter school’s total general-purpose entitlement and categorical block grant directly or through the local educational agency that either grants its charter or was designated by the State Board of Education.
(1) In the case of a charter school that elects to receive its funding directly, the warrant shall be drawn in favor of the superintendent of schools of the county in which the local educational agency that approved the charter or was designated by the State Board of Education as the oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605 is located, for deposit to the appropriate funds or accounts of the charter school in the county treasury. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school.
(2) In the case of a charter school that does not elect to receive its funding directly pursuant to Section 47651, the warrant shall be drawn in favor of the superintendent of schools of the county in which the local educational agency that granted the charter is located or was designated the oversight agency by the board pursuant to paragraph (1) of subdivision (k) of Section 47605, for deposit to the appropriate funds or accounts of the local educational agency.
(3) In the case of a charter school, the charter of which was granted by the State Board of Education, but for which the board has not delegated oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, the warrant shall be drawn in favor of the superintendent of schools in the county where the local educational agency is located that initially denied the charter that was later approved by the board. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school.
(b)On or before June 1 of each year, a charter school electing to receive its funding directly shall so notify the county superintendent of schools of the county in which the local educational agency that granted the charter is located or, in the case of charters for which the State Board of Education has designated an oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, the county superintendent of schools of the county in which the designated oversight agency is located. An election to receive funding directly shall apply to all funding that the charter school is eligible to receive including, but not limited to, the charter general-purpose entitlements and the categorical block grant computed pursuant to Sections 47633 and 47634, other state and federal categorical aid, and lottery funds.
Article  6. Computations Affecting Sponsoring Local Educational Agencies
47660.
 (a) For purposes of computing eligibility for, and entitlements to, general-purpose funding and funding for categorical programs, a sponsoring local educational agency’s enrollment and average daily attendance shall exclude all enrollment and attendance of pupils in its charter schools.
(b) Notwithstanding subdivision (a), for purposes of computing eligibility for, and entitlements to, revenue limit funding, the average daily attendance of a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, shall include all attendance of pupils who attend charter schools for which the district is the sponsoring local educational agency and reside in, and would otherwise have been eligible to attend a noncharter school of, the district.
47661.
 Notwithstanding Section 47660, for purposes of paragraph (1) of subdivision (a) of Section 42238.5, a sponsoring school district’s regular average daily attendance shall exclude all attendance of pupils in a charter school, and its second principal apportionment regular average daily attendance for the prior year shall exclude all attendance of pupils who satisfy both of the following conditions:
(a) He or she 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.
(b) He or she 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.
47662.
 For purposes of Section 42238, the property tax revenues received by a sponsoring local educational agency pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code shall be reduced by the amount of funding in lieu of property taxes allocated to a charter school or schools pursuant to Section 47635.
47663.
 (a) For a pupil of a charter school sponsored by a basic aid school district who resides in, and is otherwise eligible to attend, a school district other than a basic aid school district, the Superintendent of Public Instruction shall apportion to the sponsoring school district an amount equal to 70 percent of the revenue limit per unit of average daily attendance that would have been apportioned to the school district that the pupil resides in and would otherwise have been eligible to attend.
(b) A district that loses basic aid status as a result of transferring property taxes to a charter school or schools pursuant to Section 47635 shall be eligible to receive a pro rata share of funding provided by subdivision (a), with the proration factor calculated as the ratio of the following:
(1) The amount of property taxes that the district receives in excess of its total revenue limit guarantee, prior to any transfers made pursuant to Section 47635.
(2) The total amount of property taxes transferred pursuant to Section 47635 to the charter school or schools that it sponsors.
(c) For purposes of this section, “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which the subdivision is applied, an apportionment of state funds pursuant to subdivision (h) of Section 42238.
47664.
 (a) A school district in which all schools have been converted to charter schools pursuant to Section 47606, at the school district’s discretion, may use the funding method provided for by this chapter. A school district that elects to have its funding determined pursuant to the method provided for by this chapter shall so notify the Superintendent of Public Instruction by June 1 prior to the affected fiscal year. Once made, an election to be funded pursuant to the method provided for by this chapter is irrevocable.
(b) In the case of a school district in which all schools have been converted to charter schools pursuant to Section 47606, and that has not elected to be funded pursuant to the method provided for by this chapter, any increase in district average daily attendance attributable to pupils who reside in, and would otherwise be eligible to attend, a district other than the district sponsoring the charter school shall be funded at the lesser of the following:
(1) The sponsoring district’s own base revenue limit per unit of average daily attendance.
(2) The statewide average base revenue limit per unit of average daily attendance for districts of a similar type. For purposes of this paragraph, increases in average daily attendance shall be measured relative to the 1998–99 fiscal year or the fiscal year in which all schools in the district were converted to charter schools pursuant to Section 47606, whichever fiscal year is later.
(c) A school district in which all schools have been converted to charter schools pursuant to Section 47606 and that is the sponsoring entity for a charter school or schools that were previously funded pursuant to the method provided pursuant to this chapter shall have its base revenue limit computed as follows:
(1) The average daily attendance of the charter school or schools for the fiscal year prior to the fiscal year in which the conversion is effective shall be multiplied by the statewide average base revenue limit per unit of average daily attendance for districts of similar type for the fiscal year in which the conversion is effective.
(2) The school district’s remaining average daily attendance for the fiscal year prior to the fiscal year in which the conversion is effective shall be multiplied by the school district’s base revenue limit per unit of average daily attendance for the fiscal year in which the conversion is effective.
(3) The amounts computed in paragraphs (1) and (2) shall be added and this total shall be divided by the district’s total average daily attendance, including average daily attendance in charter schools for which it is the sponsoring entity, for the fiscal year prior to the fiscal year in which the conversion is effective.

SEC. 33.

 Section 47763.5 of the Education Code is amended to read:

47763.5.
 (a) In addition to funds from all other sources and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter three thousand dollars ($3,000) per year for each unit of average daily attendance reported at the annual apportionment for pupil attendance in a program under this chapter.
(b) The average daily attendance for a program under this chapter shall be determined by dividing the total number of days of attendance in all full school months by a divisor of 135 for the first period of each fiscal year, by a divisor of 180 for the second period of each fiscal year, and by a divisor of 250 for the annual time of each fiscal year.
(c) Subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter a sum equal to five dollars ($5), multiplied by the total of the number of hours each schoolday that follow completion of the full instructional day, not to exceed six hours per schoolday, that each high-risk first-time offender pupil receives services, as specified in the individual case management plan pursuant to paragraph (1) of subdivision (c) of Section 47761, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47761.
(d) Subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion, to each county office of education or school district that operates a program under this chapter on days other than schooldays, a sum equal to five dollars ($5), multiplied by the total of the number of hours, not to exceed 10 hours per calendar day that is not a schoolday that each high-risk first-time offender pupil receives services, as specified in the individual case management plan pursuant to paragraph (1) of subdivision (c) of Section 47761, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47761.
(e) Notwithstanding any other provision of this section, a county office of education or school district shall receive an apportionment pursuant to subdivision (c) or (d) only for days on which a high-risk first-time offender pupil was required to attend any specified setting or settings in which services are provided for a total of at least eight hours each day as specified in his or her individual case management plan developed pursuant to Section 47761.
(f) The funds provided in this chapter shall be used only for the purpose of implementing the plans determined to be eligible for funding by the Superintendent of Public Instruction pursuant to Section 47756.
(g) Notwithstanding Section 42238.18, a county office of education implementing a plan pursuant to this chapter may use funds apportioned pursuant to this chapter to provide for the services of probation officers.
(h) Notwithstanding any other provision of this section, the funding provided for in this chapter shall be apportioned only to the extent that funds are appropriated for that purpose in the annual Budget Act or other legislation, or both.
(i) Notwithstanding any other provision of law, a pupil’s eligibility to attend the program for high-risk first-time offenders shall cease on the second anniversary of his or her first day of attendance in the program.
(j) Notwithstanding any other provision of this section, a county office of education or school district that operates a program under this chapter shall not be eligible to receive an apportionment pursuant to this section in excess of the product of the average number of pupils, per calendar day between July 1 and June 30, inclusive, enrolled to receive services in a program for high-risk first-time offenders, multiplied by six thousand dollars ($6,000).
(k) Notwithstanding any other provision of law, the Superintendent of Public Instruction may provide an apportionment to a county office of education or school district for startup costs, from the funds provided for the purposes of this chapter during the first year that a county office of education or a school district operates a program, if each of the following conditions is met:
(1) The county office of education or school district has submitted an application for startup funding to the Superintendent of Public Instruction by September 1, 1999, for the 1998–99 fiscal year, and for each fiscal year thereafter, not later than January 31st of the fiscal year for which startup funding is sought.
(2) The amount apportioned by the Superintendent of Public Instruction for startup funding pursuant to this subdivision may not exceed 15 percent of the county office of education’s or school district’s maximum permitted apportionment for the fiscal year startup funding is sought.
(3) Total funding for programs operated pursuant to this chapter, including funding for startup costs, may not exceed the recipient’s maximum permitted apportionment for the fiscal year startup funding is sought.
(4) At the final apportionment for the third year of program operation, or at the final apportionment for the last year of program operation if the program operates for fewer than three years, the apportionment for a county office of education or school district operating a program under this chapter shall be reduced by the difference between the amount of startup funding apportioned pursuant to paragraph (2) and an amount equal to 15 percent of the maximum apportionment earned, for other than startup funding, in any one of the first three years of program operation.
(5) Approved startup costs may not include indirect costs, as defined in the California School Accounting Manual, or board and superintendent costs. If startup costs include personnel costs, those costs shall be documented by employee time records.

SEC. 34.

 Section 47771.5 of the Education Code is amended to read:

47771.5.
 (a) In addition to funds from all other sources and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter three thousand dollars ($3,000) per year for each unit of average daily attendance reported at the annual apportionment for pupil attendance in a program under this chapter.
(b) The average daily attendance for a program under this chapter shall be determined by dividing the total number of days of attendance in all full school months by a divisor of 135 for the first period of each fiscal year, by a divisor of 180 for the second period of each fiscal year, and by a divisor of 250 for the annual time of each fiscal year.
(c) Subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter a sum equal to five dollars ($5), multiplied by the total of the number of hours each schoolday that follow completion of the full instructional day, not to exceed six hours per schoolday that each transitioning high-risk youth enrolled in a program for transitioning high-risk youth receives services, as specified in the individual case management plan pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (a) of Section 47766, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47766.
(d) Subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion, to each county office of education or school district that operates a program under this chapter on days other than schooldays, a sum equal to five dollars ($5), multiplied by the total of the number of hours, not to exceed 10 hours per calendar day that is not a schoolday, that each transitioning high-risk youth receives services, as specified in the individual case management plan pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (a) of Section 47766, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47766.
(e) Notwithstanding any other provision of this section, a county office of education or school district shall receive an apportionment pursuant to subdivision (c) or (d) only for days on which a transitioning high-risk youth was required to attend any specified setting or settings in which services are provided for a total of at least eight hours each day as specified in his or her individual case management plan developed pursuant to Section 47766.
(f) The funds provided in this chapter shall be used only for the purpose of implementing the plans determined to be eligible for funding by the Superintendent of Public Instruction pursuant to Section 47756.
(g) Notwithstanding Section 42238.18, a county office of education implementing a plan pursuant to this chapter may use funds apportioned pursuant to this chapter to provide for the services of probation officers.
(h) Notwithstanding any other provision of law, the funding provided for in this chapter shall be apportioned only to the extent that funds are appropriated for that purpose in the annual Budget Act or other legislation, or both.
(i) Notwithstanding any other provision of law, a pupil’s eligibility to attend a program for transitioning high-risk youth shall cease on the second anniversary of his or her first day of attendance in the program.
(j) Notwithstanding any other provision of this section, a county office of education or school district that operates a program under this chapter shall not be eligible to receive an apportionment pursuant to this section in excess of the product of the average number of pupils, per calendar day between July 1 and June 30, inclusive, enrolled to receive services in a program for transitioning high-risk youth, multiplied by five thousand dollars ($5,000).
(k) Notwithstanding any other provision of law, the Superintendent of Public Instruction may provide an apportionment to a county office of education or school district for startup costs, from the funds provided for the purposes of this chapter during the first year that a county office of education or a school district operates a program, if each of the following conditions is met:
(1) The county office of education or school district has submitted an application for startup funding to the Superintendent of Public Instruction by September 1, 1999, for the 1998–99 fiscal year, and for each fiscal year thereafter, not later than January 31st of the fiscal year for which startup funding is sought.
(2) The amount apportioned by the Superintendent of Public Instruction for startup funding pursuant to this subdivision may not exceed 15 percent of the county office of education’s or school district’s maximum permitted apportionment for the fiscal year startup funding is sought.
(3) Total funding for programs operated pursuant to this chapter, including funding for startup costs, may not exceed the recipient’s maximum permitted apportionment for the fiscal year startup funding is sought.
(4) At the final apportionment for the third year of program operation, or at the final apportionment for the last year of program operation if the program operates for fewer than three years, the apportionment for a county office of education or school district operating a program under this chapter shall be reduced by the difference between the amount of startup funding apportioned pursuant to paragraph (2) and an amount equal to 15 percent of the maximum apportionment earned, for other than startup funding, in any one of the first three years of program operation.
(5) Approved startup costs may not include indirect costs, as defined in the California School Accounting Manual, or board and superintendent costs. If startup costs include personnel costs, those costs shall be documented by employee time records.

SEC. 35.

 Section 48664 of the Education Code is amended to read:

48664.
 (a) (1) In addition to funds from all other sources, the Superintendent of Public Instruction shall apportion to each school district that operates a community day school four thousand dollars ($4,000) per year, and for each county office of education that operates a community day school three thousand dollars ($3,000) per year, for each unit of average daily attendance reported at the annual apportionment for pupil attendance at community day schools adjusted annually commencing with the 1999–2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. Average daily attendance reported for this program shall not exceed 0.375 percent of a district’s prior year P2 average daily attendance in an elementary school district, 0.5 percent of a district’s prior year P2 average daily attendance in a unified school district, or 0.625 percent of a district’s prior year P2 average daily attendance in a high school district. The units of average daily attendance of a community day school operated by a county office of education shall not exceed the unused units of average daily attendance of the community day schools operated by the school districts within the jurisdiction of that county office of education.
(2) The Superintendent of Public Instruction may reallocate to any school district any unexpended balance of the appropriations made for the purposes of this subdivision for actual pupil attendance in excess of the percentage specified in this subdivision for the school district in an amount not to exceed one-half of that percentage. However, the average daily attendance generated by pupils expelled pursuant to subdivision (d) of Section 48915, shall not be subject to these percentage caps on average daily attendance.
(b) The average daily attendance of a community day school shall be determined by dividing the total number of days of attendance in all full school months, by a divisor of 70 in the first period of each fiscal year, by a divisor of 135 in the second period of each fiscal year, and by a divisor of 180 at the annual time of each fiscal year.
(c) The Superintendent of Public Instruction shall apportion to each school district that operates a community day school an amount equal to four dollars ($4), multiplied by the total of the number of hours each schoolday, up to a maximum of two hours daily, that each community day school pupil remains at the community day school under the supervision of an employee of the school district, or a consortium of school districts pursuant to Section 48916.1, reporting the attendance of the pupils for apportionment funding following completion of the full six-hour instructional day.
(d) It is the intent of the Legislature that districts enter into consortia, as feasible, for the purpose of providing community day school programs. Any school district with fewer than 2,501 units of average daily attendance may request a waiver for any fiscal year of the funding limitations set forth in this section. The Superintendent of Public Instruction shall approve a waiver if he or she deems it necessary in order to permit the operation of a community day school of reasonably comparable quality to those offered in a school district with 2,501 or more units of average daily attendance. In no event shall the amount allocated pursuant to a waiver exceed the amount provided for one teacher pursuant to Section 42284, for pupils enrolled in kindergarten and grades 1 to 6, inclusive, or the amount provided for one teacher pursuant to Section 42284, for pupils enrolled in grades 7 to 12, inclusive. The provisions of this act shall not apply to any school district that applied for a waiver within the funding limits established by this subdivision but was denied funding or not fully funded.
(e) The State Department of Education shall evaluate and report to the appropriate legislative policy committees and budget committees on or before October 1, 1998, and for two years thereafter the following programmatic and fiscal issues:
(1) The number of expulsions statewide.
(2) The number of school districts operating community day schools.
(3) Status of the countywide plans as defined in Section 48926.
(4) An evaluation of the community day school average daily attendance funding percentage cap.
(5) Number of small school districts requesting and the number receiving a waiver under this section.
(6) The effect of hourly accounting under Section 48663 for purposes of receiving the additional funding under Section 48664.
(7) The number of pupils and average daily attendance served in community day programs, further identified as the number expelled pursuant to subdivision (b) of Section 48915, subdivision (d) of Section 48915, other expulsion criteria, or referred through a formal district process.
(8) Pupil outcome data and other data as required under Section 48916.1.
(9) Other programmatic or fiscal matters as determined by the State Department of Education.
(f) The additional funds provided in subdivisions (a) (c), and (d) shall only be allocated to the extent that funds are appropriated for this purpose in the annual Budget Act or other legislation, or both, except for pupils expelled pursuant to subdivision (d) of Section 48915. For pupils expelled pursuant to subdivision (d) of Section 48915, the funds apportioned under subdivision (a) are continuously appropriated from the General Fund to Section A of the State School Fund.
(g) A one-time adjustment shall be made to the amount specified in subdivision (a), for the 1998–99 fiscal year and subsequent fiscal years, by increasing that amount by the statewide average quotient resulting from dividing the average daily attendance specified in subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8 by the amount specified in subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8.

SEC. 36.

 Article 6 (commencing with Section 49080) is added to Chapter 6.5 of Part 27 of the Education Code, to read:

Article  6. California School Information Services
49080.
 The Legislature finds and declares that the mission of the California School Information Services is to do all of the following:
(a) Build the capacity of local education agencies to implement and maintain comparable, effective, and efficient pupil information systems that will support their daily program needs, assist local education agencies in improving the outcomes of pupils, and promote the use of information for educational decisionmaking by schoolsite, district office, and county staff.
(b) Enable the accurate and timely exchange of pupil transcripts between local education agencies and to postsecondary institutions.
(c) Assist local education agencies to transmit state and federal reports electronically to the State Department of Education, thereby reducing the reporting burden of local education agency staff.
49080.5.
 For the purposes of this chapter, the following definitions apply:
(a) “CSIS” means the California School Information Services established pursuant to this article.
(b) “FCMAT” means the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8.
(c) “Administrator” means the administrator of the California School Information Services.
49081.
 The California School Information Services is hereby established. The CSIS shall be administered by the County Office Fiscal Crisis and Management Assistance Team. FCMAT shall hire a program administrator.
49082.
 The Superintendent of Public Instruction shall contract with a consultant for independent project oversight. The Director of Finance and the Chief Information Officer of the Department of Information Technology shall review the request for proposals for the contract. The consultant hired to conduct the independent project oversight shall twice annually submit a written report to the Superintendent of Public Instruction, the State Board of Education, the FCMAT, the State Chief Information Office, the Director of Finance, the Legislative Analyst, and the appropriate policy and fiscal committees of the Legislature. The report shall include an evaluation of the extent to which the CSIS is meeting the mission described in Section 49080.
49082.5.
 The California School Information Services shall consult with technical and support staff from local education agencies, special education local plan areas, and schoolsites, the State Department of Education, the University of California, the California State University, the California Community Colleges, and parents.
49083.
 (a) The California School Information Services program administrator shall submit to the State Board of Education a plan to administer, coordinate, and manage the development and implementation of an electronic statewide school information system to address current problems of information exchange. The plan shall be updated with State Board of Education approval annually.
(b) The plan shall prescribe the set of statewide data elements and codes to be implemented by the California School Information Services. The data elements and codes that are prescribed to be implemented shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the Family Education Rights and Privacy Act statute (20 U.S.C. Secs. 1232g and 1232h and related federal regulations.
(c) The plan shall prescribe the statewide standards for security of the California School Information Services. Those standards shall include, but not be limited to, processes and procedures for handling both paper and electronic data, training for staff that handle the data, administrative management of the data system, and technical measures to secure the data contained in the electronic system.
(d) The data elements and codes set forth in the plan approved by the State Board of Education, as transferred through any electronic statewide school information system, may not contain any questions of items that solicit or invite disclosure of the personal beliefs or practices of a pupil, or his or her parent or guardian, as to sex, family life, morality, or religion, nor may it contain any question designed to evaluate personal behavioral characteristics including, but not limited to, honesty, integrity, sociability, or self-esteem.

SEC. 37.

 Section 49545.5 is added to the Education Code, to read:

49545.5.
 To the extent permitted by federal law, the State Department of Education shall adopt regulations to establish eligibility requirements for participation in the child care food program and to impose penalties and sanctions for noncompliance by sponsoring organizations. This section may not be construed to prohibit the State Department of Education from terminating contracts with sponsoring organizations. The State Department of Education is authorized to establish contracts effective for periods of 12 months or less for sponsoring organizations meeting the department’s high-risk profile.

SEC. 38.

 An article heading is added immediately preceding Section 51100 of the Education Code, to read:

Article  1. General Provisions

SEC. 39.

 Article 2 (commencing with Section 51120) is added to Chapter 1.5 of Part 28 of the Education Code, to read:

Article  2. Parental Involvement Grant Program
51120.
 (a) The Legislature finds and declares that a critical dimension of effective schooling is parental involvement. Research indicates that parental involvement in a child’s education improves pupil achievement. The Legislature further finds and declares that school districts and schools, in collaboration with parents, teachers, pupils, and administrators, by establishing and developing proper efforts that enhance parental involvement, are taking a pivotal step in encouraging pupil success.
(b) It is the intent of the Legislature in enacting this article to encourage and enhance pupil achievement through parental involvement in education.
51121.
 (a) The Parental Involvement Grant Program is hereby established, and shall be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction shall develop, and the State Board of Education shall approve, guidelines for implementing this article, including, but not limited to, guidelines for reviewing and approving parental involvement grants.
(b) Any school district or charter school that maintains a kindergarten or any of grades 1 to 12, inclusive, may apply on behalf of a school for funding under this article if the schoolsite council submits an application and a plan that meets the requirements set forth in subdivision (c), and certifies that a significant percentage of the parents of the pupils at the applicant school have signed the compact agreements specified in subdivision (c) and are participating in the program outlined in the school plan.
(c) The application submitted pursuant to subdivision (b) shall include the following elements:
(1) A plan for a program that facilitates significant involvement of parents in their children’s education, including the terms of compact agreements formed between the teachers, pupils, and parents that require parental participation in the following areas, as articulated in the State Board of Education’s policy on parent involvement adopted on September 9, 1994:
(A) At home emphasis of the importance of education and learning.
(B) Promoting communication about school programs and pupil progress.
(C) Involving parents in instructional and support roles at the school.
(D) Providing parents with strategies and techniques for assisting their children with learning activities.
(E) Preparing parents to actively participate in school decisionmaking.
(F) Providing parents with the skills to access community and support services that strengthen school programs.
(2) A plan for a coordinated effort between adult education, family literacy programs, and, where such a program is in operation, the Healthy Start program. The plan shall be consistent with existing parental involvement plans to the extent that schoolsites applying for a grant pursuant to this article are currently operating parental involvement programs pursuant to federal law.
(3) The plans described in paragraphs (1) and (2) shall include a component that facilitates contact between the teacher and parent to better meet pupil needs in achieving academic goals.
(4) To the extent necessary, the plans described in paragraphs (1) and (2) shall address a procedure for contact between teachers and parents that may take place outside of regular school hours.
(d) The plan developed by the schoolsite council shall be reviewed and approved by the governing board of the school district, or in the case of a charter school, the governing board of the local educational agency that granted the charter or was designated as the local educational agency by the State Board of Education, and shall be submitted to the State Department of Education together with the application for funding pursuant to this article.
51122.
 In any fiscal year in which funds are appropriated for making parental involvement grants pursuant to this article, the Superintendent of Public Instruction shall administer the application process and shall award one-time grants, on a competitive basis, in the amount of twenty-five thousand dollars ($25,000).

SEC. 40.

 Section 52084 of the Education Code is amended to read:

52084.
 A school district’s application to implement a program pursuant to this chapter shall comprise the following:
(a) Certification that the grade 9 course or the two grade 9 courses included in the program count toward completion of the graduation requirements established in subparagraph (A), (B), (C), or (D) of paragraph (1) of subdivision (a) of Section 51225.3; provided, however, that one of the courses included in the program shall be English.
(b) Certification of the number of grade 9 classes included in the program in the courses designated pursuant to subdivision (a).
(c) Certification that the classes identified pursuant to subdivision (b) in each participating school shall on the average have no more than 20 pupils per certificated teacher and no more than 22 pupils in any participating class.
(d) Certification of pupil enrollment in each class designated pursuant to subdivision (b), as determined pursuant to regulations authorized pursuant to subdivision (h). For purposes of this subdivision, the enrollment figure shall exclude both of the following:
(1) The number of special education pupils enrolled in special day classes on a full-time basis.
(2) The number of pupils enrolled in necessary small schools that receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24.
(e) The district’s certification shall include a statement that implementation of a class size reduction program pursuant to this chapter has not adversely affected existing class size in courses not referenced in this chapter.
(f) While it is the intent of the Legislature that this program not increase the need for additional classroom facilities, a school district may utilize any funds apportioned pursuant to Section 52086 for the purpose of leasing additional classroom space in order to reduce overcrowded classroom conditions and to reduce pupil-to-teacher ratios.
(g) Any program that includes classes in grade 10, 11, or 12 and that was funded before June 30, 1998, shall continue to be funded for those other classes unless the school district elects to eliminate that program. A school district that elects to continue to operate a class size reduction program in grades 10 to 12, inclusive, shall be eligible to receive one hundred sixty-five dollars ($165) per pupil certified pursuant to this chapter as it read on July 1, 1998, adjusted annually commencing with the 2000–01 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, except that total funding shall not exceed the amount received by the school district for the program for grades 10 to 12, inclusive, in the 1997–98 fiscal year.
(h) The Superintendent of Public Instruction shall recommend, and the State Board of Education shall adopt, regulations for the implementation of this chapter no later than October 17, 1998.
(i) The Controller shall include instructions appropriate to the enforcement of the provisions of this chapter in the audit guide required by subdivision (a) of Section 14502.

SEC. 41.

 Section 52086 of the Education Code is amended to read:

52086.
 (a) The Superintendent of Public Instruction shall apportion to each applicant district an amount equal to one hundred sixty-five dollars ($165) per unit of full-year equivalent enrollment reported pursuant to subdivision (d) of Section 52084 if the district certifies an average class size of 20 pupils and no more than 22 pupils in each participating class at each participating school, adjusted annually commencing with the 2000–01 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1.
(b) Funds apportioned pursuant to this section shall not become part of a district’s revenue limit, and shall be identified as a separate item of expenditure on any financial reports filed by school districts with the state pursuant to statute or regulation.

SEC. 42.

 Section 53031 of the Education Code is amended to read:

53031.
 The Superintendent of Public Instruction, with input from an advisory committee, shall evaluate the program established pursuant to this chapter on or before November 1, 2001. If funds are needed for this purpose, it is the intent of the Legislature that funds be appropriated for this purpose in the annual Budget Act.

SEC. 43.

 Section 56044 is added to the Education Code, to read:

56044.
 Notwithstanding any other provision of law, state funds may not be allocated to offset any federal funding intended for individuals with exceptional needs, as defined in Section 56026, and withheld from a local educational agency due to the agency’s noncompliance with federal law.

SEC. 44.

 Section 56045 is added to the Education Code, to read:

56045.
 (a) The Superintendent of Public Instruction shall send a notice to each member of the governing board of a local education agency within 30 days of the superintendent’s receipt of notification by the federal government that a local educational agency is not in compliance with the Individual’s with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or Section 504 of the Rehabilitation Act or 1973 (29 U.S.C. Sec. 794), or when the Superintendent of Public Instruction determines that the local educational agency is not in compliance with any provision of this part. The notice shall provide a description of those services required by the statute with which the local educational agency is not in compliance.
(b) Upon receipt of the notification sent pursuant to subdivision (a), the governing board shall at a regularly scheduled public hearing address the issue of noncompliance.

SEC. 44.2.

 Section 56195.1 of the Education Code is amended to read:

56195.1.
 The governing board of a district shall elect to do one of the following described in subdivision (a), (b), or (c): following: 
(a) (1)  If of sufficient size and scope, under standards adopted by the board, submit to the superintendent a local plan for the education of all individuals with exceptional needs residing in the district in accordance with Chapter 3 (commencing with Section 56205). 56200). 
(2) From July 1, 2020, to July 1, 2026, inclusive, the governing board of a district shall not submit a local plan for the education of all individuals with exceptional needs residing in the district under paragraph (1) for the purpose of creating a single district special education local plan area.
(b) In conjunction with one or more districts, submit to the superintendent a local plan for the education of individuals with exceptional needs residing in those districts in accordance with Chapter 3 (commencing with Section 56205). 56200).  The plan shall include, through joint powers agreements or other contractual agreements, all the following:
(1) Provision of a governance structure and any necessary administrative support to implement the plan.
(2) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the special education local plan area.
(3) Designation of a responsible local agency or alternative administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan.
(c) Join with the county office, to submit to the superintendent a local plan in accordance with Chapter 3 (commencing with Section 56205) 56200)  to assure access to special education and services for all individuals with exceptional needs residing in the geographic area served by the plan. The county office shall coordinate the implementation of the plan, unless otherwise specified in the plan. The plan shall include, through contractual agreements, all of the following:
(1) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the geographical area served by the plan.
(2) Designation of the county office, of a responsible local agency, or of any other administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan.
(d) The service area covered by the local plan developed under subdivision (a), (b), or (c) shall be known as the special education local plan area.
(e) This section does not  Nothing in this section shall be construed to  limit the authority of a county office and a school  district or group of school  districts to enter into contractual agreements for services relating to the education of individuals with exceptional needs. Except  needs; provided that, except  for instructional personnel service units serving infants, until a special education local plan area adopts a revised local plan approved pursuant to Section 56836.03, the county office of education  or school  district that reports a unit for funding shall be the agency that employs the personnel who staff the unit, unless the combined unit rate and support service ratio of the nonemploying agency is equal to or lower than that of the employing agency and both agencies agree that the nonemploying agency will report the unit for funding.
(f) A charter school that is deemed a local educational agency for the  purposes of special education pursuant to Article 4 (commencing with Section 47640) of Chapter 6 of Part 26.8 shall participate in an approved local plan pursuant to subdivision (a), (b), or (c). A charter school may submit written policies and procedures to the department  State Department of Education  for approval by the board that  State Board of Education, which  establish compliance with the federal  Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and implementing regulations, either individually, pursuant to subdivision (a) or with other charter schools pursuant to subdivision (b). The board  State Board of Education  shall review these policies and procedures, based on the criteria established pursuant to Section 56100. Upon approval by the board,  State Board of Education,  these written policies and procedures shall become the local plan.
(g) The requirements of this section shall not be waived by the board pursuant to Section 56101 or any other law.
(h) The Superintendent shall post all local plans submitted by each special education local plan area on the internet website of the department.

SEC. 44.4.

 Section 56203 is added to the Education Code, to read:

56203.
 A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, the following requirements shall apply:
(a) The special education local plan area shall comply with Section 56140.
(b) The charter school shall participate in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area.
(c) The charter school shall participate in governance of the special education local plan area in the same manner as other local educational agencies of the special education local plan area.

SEC. 44.6.

 Section 56207.5 is added to the Education Code, to read:

56207.5.
 A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, the following requirements shall apply:
(a) The special education local plan area shall comply with Section 56140.
(b) The charter school shall participate in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area.
(c) The charter school shall participate in governance of the special education local plan area in the same manner as other local educational agencies of the special education local plan area.

SEC. 44.8.

 Section 56836.06 of the Education Code is amended to read:

56836.06.
 (a)  For the  purposes of this article, the following terms or phrases shall  have the following meanings, unless the context clearly requires otherwise:
(1) (a)  “Average daily attendance reported for the special education local plan area” means the total of the following:
(A) (1)  The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 for all pupils enrolled in the district or districts that are a part of the special education local plan area.
(B) (2)  The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in schools operated by the county office or offices that comprise compose  the special education local plan area, or for those county offices that are a part of more than one special education local plan area, that portion of the average daily attendance of pupils enrolled in the schools operated by the county office that are under the jurisdiction of the special education local plan area.
(2) (b)  For the  purposes of computing apportionments pursuant to this chapter for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the term “average daily attendance” means  shall mean  the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in districts within the County of  Los Angeles County  and all schools operated by the Los Angeles County Office of Education and the districts within the County of Los Angeles. Los Angeles County. 
(3) (c)  “Special education local plan area” includes the school district or districts and county office or offices of education comprising composing  the special education local plan area.
(4) (d)  “The fiscal year in which equalization among special education local plan areas has been achieved” means the first fiscal year in which each special education local plan area is funded at or above the statewide target amount per unit of average daily attendance, as computed pursuant to Section 56836.11.
(5) (e)  For a charter school deemed a local educational agency for the  purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department  State Department of Education  pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan which only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11, as adjusted for any amount for which the special education local plan area is eligible pursuant to the incidence multiplier set forth in Section 56836.155, shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a). 
(b) This section shall become inoperative on July 1, 2020.

SEC. 45.

 Section 56836.08 of the Education Code is amended to read:

56836.08.
 (a) For the 1998–99 fiscal year, the Superintendent superintendent  shall make the following computations to determine the amount of funding for each special education local plan area:
(1) Add the amount of funding per unit of average daily attendance computed for the special education local plan area pursuant to paragraph (1) of subdivision (a) of Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) for the 1998–99 fiscal year.
(2) Multiply the amount computed in paragraph (1) by the units of average daily attendance reported for the special education local plan area for the 1997–98 fiscal year, excluding  exclusive of  average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996.
(3) Add the actual amount of the equalization adjustment, if any, computed for the 1998–99 fiscal year pursuant to Section 56836.14 to the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth computed pursuant to Section 56836.13 56836.15  from the amount computed in paragraph (3).
(b) (1)  For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent superintendent  shall make the following computations to determine the amount of funding for each special education local plan area for the fiscal year in which the computation is made:
(A) (1)  Add the amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) through the 2012–13 fiscal year, and  for the 2013–14 fiscal year and each fiscal year thereafter, the inflation adjustment computed pursuant to subdivision (f), for the fiscal year  fiscal year  in which the computation is made.
(B) (2)  For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, multiply the  Multiply the  amount computed in subparagraph (A) paragraph (1)  by the units of average daily attendance reported for the special education local plan area for the prior fiscal year. For the 2019–20 fiscal year and each fiscal year thereafter, multiply the amount computed in subparagraph (A) by the units of average daily attendance upon which funding was based for the prior year. 
(C) (3)  Add or subtract, as appropriate, the adjustment for growth or decline in enrollment,  the actual amount of the equalization adjustment,  if any, computed for the special education local plan area for the fiscal year in which the computation is made pursuant to Section 56836.13 from 56836.14 to  the amount computed in subparagraph (B). paragraph (2). 
(2) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, the amount of funding for each special education local plan area shall be the amount computed in paragraph (1).
(3) Subject to Section 56836.045, for the 2019–20 fiscal year and each fiscal year thereafter, the Superintendent shall determine the amount of funding for each special education local plan area, which shall be the greater of either subparagraph (A) or (B):
(A) The amount of funding computed for each special education local plan area pursuant to paragraph (1).
(B) An amount of funding computed as follows:
(i) (4)  Calculate the funded units of average daily attendance based on the average daily attendance reported for  Add or subtract, as appropriate, the adjustment for growth or decline in enrollment, if any, computed for  the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. pursuant to Section 56836.15 from the amount computed in paragraph (3). 
(ii) For the 2019–20 fiscal year, calculate the amount of funding per unit of average daily attendance pursuant to Section 56836.11. For the 2020–21 fiscal year and every fiscal year thereafter, the amount of funding per unit of average daily attendance shall be the amount computed pursuant to this clause for the prior fiscal year multiplied by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
(iii) Multiply the funded units of average daily attendance computed in clause (i) by the amount of funding per unit of average daily attendance computed in clause (ii).
(C) If the amount of funding for a special education local plan area is determined pursuant to subparagraph (B) as of the second principal apportionment for the fiscal year in which the computation is made, the special education local plan area shall be funded pursuant to subparagraph (B) for each fiscal year thereafter.
(c) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent and each fiscal year thereafter, the superintendent  shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim:
(1) Add the total of the amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made to the amount of federal funds allocated for the purposes of paragraph (1) of subdivision (a) of Section 56836.09 for the fiscal year in which the computation is made.
(2) Add the amount of funding computed for the special education local plan area pursuant to subdivision (a) for the 1998–99 fiscal year, and commencing with the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, and each fiscal year thereafter,  the amount computed for the fiscal year in which the computations were made pursuant to subdivision (b) to the amount of funding computed for the special education local plan area pursuant to Article 3 (commencing with Section 56836.165). 56836.16). 
(3) Subtract the sum computed in paragraph (1) from the sum computed in paragraph (2).
(d) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent and each fiscal year thereafter, the superintendent  shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made:
(1) For the 1998–99 fiscal year, multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the 1997–98 fiscal year computed pursuant to paragraph (3) of subdivision (a) of Section 56836.11 and the amount determined pursuant to paragraph (e) of Section 56836.155 for the 1997–98 fiscal year that corresponds to the amount determined pursuant to paragraph (1) of subdivision (d) of Section 56836.155  by the inflation adjustment computed pursuant to Section 42238.1 for the 1998–99 fiscal year.
(2) For the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, and each fiscal year thereafter,  multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 and the amount determined pursuant to paragraph (1) of subdivision (d) of Section 56836.155  for the prior fiscal year by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is made.
(3) For the  purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area for the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent and each fiscal year thereafter, the superintendent  shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is being made.
(e) Notwithstanding any other law, for the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim:
(1) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made.
(2) Calculate the amount of funding computed for the special education local plan area pursuant to subdivision (b) for the fiscal year in which the computation is made.
(3) Subtract the amount computed in paragraph (1) from the amount computed in paragraph (2).
(f) For the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made:
(1) Multiply the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
(2) (e)  For purposes of computing the inflation adjustment for the  the 1998–99 fiscal year and each fiscal year thereafter to and including the 2002–03 fiscal year, the superintendent shall perform the calculation set forth in Section 56836.155 to determine the adjusted entitlement for the incidence of disabilities for each  special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall multiply the  area, but this amount shall not be used in the next fiscal year to determine the base  amount of funding per unit of average daily attendance computed for that for each  special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. current fiscal year, except as specified in this article. 
(g) This section shall become inoperative on July 1, 2020.

SEC. 46.

 Section 56836.15 of the Education Code is amended to read:

56836.15.
 Notwithstanding (a)   any other law, for the 2020–21 fiscal year In order to mitigate the effects of any declining enrollment, commencing in the 1998–99 fiscal year,  and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that  superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. However, the prior fiscal year average daily attendance reported for the special education local plan area shall be adjusted for any loss or gain of average daily attendance reported for  the special education local plan area may claim: due to a reorganization or transfer of territory in the special education local plan area. 
(b) For the 1998–99 fiscal year only, the prior year average daily attendance used in this section shall be the 1997–98 average daily attendance reported for the special education local plan area, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996.
(c) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is greater than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2).
(1) The statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11, added to the amount determined in paragraph (1) of subdivision (d) of Section 56836.155.
(2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year.
(d) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is less than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall receive a funding reduction equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2):
(1) The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year.
(2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year.
(e) If, in the fiscal year for which the computation is made, the number of units of average daily attendance upon which the allocations to the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area are based is greater than the number of units of average daily attendance upon which the allocations to that special education local plan area were based in the prior fiscal year, that special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2).
(a) (1)  Determine the total amount of property taxes  The amount of funding per unit of average daily attendance computed  for the special education local plan area for the prior fiscal year  pursuant to Section 2572  56836.10 multiplied by one plus the inflation adjustment computed pursuant to Section 42238.1  for the fiscal year in which the computation is being  made.
(b) (2)  Calculate the amount of funding computed for  The difference between the number of units of average daily attendance upon which allocations to  the special education local plan area pursuant to Section 56836.148  are based  for the fiscal year in which the computation is made. made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. 
(c) Subtract the amount computed in subdivision (a) from the amount computed in subdivision (b).

SEC. 47.

 Section 60605 of the Education Code is amended to read:

60605.
 (a) (1) (A) Not later than January 1, 1998, the state board  State Board of Education  shall adopt statewide academically rigorous content standards, pursuant to the recommendations of the Commission for the Establishment of Academic Content and Performance Standards, in the core curriculum areas of reading, writing, and mathematics to serve as the basis for assessing the academic achievement of individual pupils and of schools, school districts, and the California educational education  system. Not later than November 1, 1998, the state board  State Board of Education  shall adopt these standards in the core curriculum areas of history/social science and science. The performance standards and the assessments described in subdivision (c) may be developed concurrently, and shall be based on the content standards adopted by the board pursuant to this section. 
(B) The state  Not later than July 15, 2000, the  board shall adopt statewide performance standards in the core curriculum areas of reading, writing, mathematics, history/social history-social  science, and science based on the recommendations made by the Superintendent of  a contractor or contractors. Not later than November 15, 2000, the board shall complete the adoption of the portion of the pupil assessments described in subdivision (c) in the core curriculum areas of reading, writing, mathematics, history-social science, and science. 
(C) The state board  In specifying timeframes for deliverables in the request for proposal developed pursuant to subdivision (i), the State Board of Education  shall require the contractor or contractors to submit performance standards to the Superintendent and the state  board not later than a specified date that allows sufficient opportunity for the Superintendent to make a recommendation to the state board and for the state board  board  to conduct regional hearings prior to the adoption of the performance standards. standards by the dates specified in subparagraph (B). 
(2) (A) The state board  State Board of Education  may modify any proposed content standards or performance standards prior to adoption and may adopt content and performance standards in individual core curriculum areas as those standards are submitted to the state board. The state  board by the commission or the contractor. The  performance standards shall be established against specific grade level benchmarks of academic achievement for each subject area tested and shall be based on the knowledge and skills that pupils will need in order to succeed in the information-based, global economy of the 21st century. These skills shall not include personal behavioral standards or skills, including, but not limited to, honesty, sociability, ethics, or self-esteem. The standards adopted pursuant to this section shall be for the purpose of guiding state decisions regarding the development, adoption, and approval of assessment instruments pursuant to this chapter and does not  shall not be construed to  mandate any actions or activities by school districts.
(B) Because these standards are models, the adoption of these standards is not subject to the Administrative Procedure Act. This subparagraph is declaratory of existing law.
(3) Before adopting  Prior to the adoption of  academic content and performance standards, the state  board shall hold regional hearings for the purpose of giving parents and other members of the public the opportunity to comment on the proposed standards.
(b) (1) The State Board of Education shall require the State Department of Education to notify publishers of the opportunity to submit, for consideration by the State Board of Education pursuant to Section 60642, tests of achievement that include all of the basic academic skills identified in subdivision (c) of Section 60603 in grades 2 to 8, inclusive, and the core curriculum areas identified in subdivision (e) of Section 60603 in grades 9 to 11, inclusive.
(2) On or before October 31, 1997, the Superintendent of Public Instruction shall recommend to the State Board of Education which achievement test to adopt pursuant to subdivision (b) of Section 60642.
(b) (c)  (1) The state board shall ensure that the statewide assessment system adopted pursuant to this chapter  State Board of Education shall adopt an assessment instrument that meets the objectives of Section 60602 and that  yields valid, reliable individual pupil scores and, where applicable, aggregate school scores, school district scores, and statewide scores of pupils and assesses  estimates of school performance, school district performance, and statewide performance of pupils that, in grades 4, 5, 8, and 10, assess  basic academic skills and content standards, including  incorporate  the use of a  direct writing assessment or and  other applied academic skills if deemed valid and reliable and if resources are made available for their use. assessments of applied academic skills. 
(2) The State Board of Education shall annually require that each school district administer the statewide assessment pursuant to this subdivision to all pupils in grades 4, 5, 8, and 10. The core curriculum areas shall be addressed by that assessment. Notwithstanding any other provision of law, the assessment provided for under this subdivision shall address, in grade 4, only reading, written expression, and mathematics, and, in grade 5, only history/social science and science. Pupils in a given school shall be administered a portion of all subjects of the assessment that will be representative of all the assessment objectives, goals, and categories of items on the entire assessment in a manner that will produce results that are valid and reliable at the school and school district level. The State Department of Education may provide assistance to school districts in the implementation of the assessment established pursuant to this subdivision.
(2) (3)  This subdivision does not prevent the state board  Nothing in this subdivision shall be construed to prevent the State Board of Education  from developing or adopting an assessment instrument that also contains assessments of basic academic skills.
(c) (d)  To the extent feasible and as otherwise required, the state board shall ensure that assessments developed, or contracted for pursuant to Section 60642.5, by the state  The State Board of Education shall adopt assessments pursuant to subdivision (c) that  are aligned with the statewide content and performance standards adopted pursuant to subdivision (a). The department, with the approval of the state board, periodically shall contract for a review of the achievement test for conformance with these standards. State Board of Education shall not adopt an assessment pursuant to subdivision (c) for any core curriculum area until the statewide content standards for that core curriculum area have been adopted by the board pursuant to subdivision (a). The State Board of Education shall not award contracts for the development of performance standards and assessments pursuant to subdivision (c) for any core curriculum area until after adoption of statewide content standards for that core curriculum area. 
(e) After the adoption of the statewide content standards, the State Board of Education shall review the achievement test designated pursuant to Section 60642 for conformance with these statewide standards.
(d) (f)  After adopting  the adoption of the  statewide content and performance standards, the state board  State Board of Education  shall review the existing curriculum frameworks for conformity with the new statewide standards and shall modify the curriculum frameworks where appropriate to bring them into alignment with the standards.
(e) (g)  The state board  State Board of Education  shall adopt regulations for the conduct and administration of the testing and assessment program.
(f) (h)  The state board  State Board of Education  shall adopt a regulation for minimum security procedures that test and assessment publishers and school districts must follow to ensure the security and integrity of test and assessment questions and materials.
(i) Following consideration of recommendations of the Superintendent of Public Instruction, the State Board of Education shall award a contract or contracts to develop performance standards pursuant to subdivision (a) and instruments to be used for the purposes of subdivision (c), according to competitive bidding procedures.
(g) (1)  This section shall become inoperative on July 1, 2011. As part of this process, the board may convene an advisory panel composed of nationally recognized experts in pupil assessment. Two members of the panel shall be selected from a list of at least 10 nominees of the Superintendent of Public Instruction. This panel, if convened, shall assist the board in the preparation of the request or requests for proposals to develop performance standards and instruments for use as assessments of applied academic skills and in the review and rating of proposals that are submitted. The panel shall also assist the board in determining methods of ensuring that the achievement test designated pursuant to Section 60642 meets the requirements of Section 60644. The State Department of Education shall provide any necessary staff support for the work of the advisory committee. 
(2) Any contractor to whom a contract is awarded pursuant to this subdivision shall assure that parents, classroom teachers, administrators, school district governing board members, and the general public are actively involved in the development of any assessment instruments.
(3) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, appropriations made for the payment of contracts awarded pursuant to this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the applicable 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 that fiscal year.
(j) (1) Not less than 60 days before adoption of the statewide pupil assessment pursuant to subdivision (c), the State Board of Education shall make the proposed assessment available for inspection by the public. The board shall adopt any proposed amendments or modifications to the assessment before this public inspection period so that the materials available for inspection are the same materials that the board shall consider for final adoption. This provision applies to subsequent amendments or modifications of the examination in addition to the initial adoption. The proposed assessment shall be available for inspection by the public for a reasonable period of time.
(2) The assessment adopted pursuant to subdivision (c) shall be available for inspection at each county superintendent of schools’ office and within each school district at a centrally located site selected by the governing board of each school district. The governing board may also make the assessment available for public inspection at other locations within the school district. An assessment may not be copied or taken from the inspection site.

SEC. 48.

 Section 60640 of the Education Code is amended to read:

60640.
 (a) There is hereby established the California Assessment of Student Performance and Progress,  Standardized Testing and Reporting Program,  to be known as the CAASPP. STAR Program. 
(b) Commencing with the 2013–14 school year, the CAASPP shall be composed of all of the following:
(1) (A) A consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11 that measures content standards adopted by the state board.
(B) In the 2013–14 school year, the consortium summative assessment in English language arts and mathematics shall be a field test only, to enable the consortium to gauge the validity and reliability of these assessments and to conduct all necessary psychometric procedures and studies, including, but not necessarily limited to, achievement standard setting, and to allow the department to conduct studies regarding full implementation of the assessment system. These field tests and results shall not be used for any other purpose, including the calculation of any accountability measure.
(2) (A) Science grade level assessments in grades 5, 8, and 10 that measure content standards adopted pursuant to Section 60605, until a successor assessment is implemented pursuant to subparagraph (B).
(B) For science assessments, the Superintendent shall make a recommendation to the state board as soon as is feasible after the adoption of science content standards pursuant to former Section 60605.85, as that section read on June 30, 2014, regarding the assessment of the newly adopted standards. Before making recommendations, the Superintendent shall consult with stakeholders, including, but not necessarily limited to, California science teachers, individuals with expertise in assessing English learners and pupils with disabilities, parents, and measurement experts, regarding the grade level and type of assessment. The recommendations shall include cost estimates and a plan for implementation of at least one assessment in each of the following grade spans:
(i) Grades 3 to 5, inclusive.
(ii) Grades 6 to 9, inclusive.
(iii) Grades 10 to 12, inclusive.
(3) (b)  The California Alternate Performance Assessment in grades 2 to 11, inclusive, in English language arts and mathematics and science in grades 5, 8, and 10, which measures content standards adopted pursuant to Section 60605 until a successor assessment is implemented. The successor assessment shall be limited to the grades and subject areas assessed pursuant to paragraph (1) and subparagraph (B) of paragraph (2). Commencing in the 1997–98 fiscal year and each fiscal year thereafter, and from the funds available for that purpose, each school district, charter school, and county office of education shall administer to each of its pupils in grades 2 to 11, inclusive, before May 15, the achievement test designated by the State Board of Education pursuant to Section 60642. 
(4) (c)  The Early Assessment Program established by Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3. publisher and the school district shall provide two makeup days for the testing of previously absent pupils no later than May 25. 
(5) (d)  (A) The  A local educational agency may administer a primary language assessment aligned to the English language arts standards adopted pursuant to Section 60605, as it read on January 1, 2013, to pupils who are identified as limited English proficient and enrolled in any of grades 2 to 11, inclusive, until a subsequent primary language assessment aligned to the common core standards in English language arts adopted pursuant to Section 60605.8 is developed pursuant to subparagraph (E).  governing board of the school district may administer achievement tests in kindergarten, and grade 1 or 12, or both, as it deems appropriate. 
(e) Individuals with exceptional needs who have an explicit provision in their individualized education program that exempts them from the testing requirement of subdivision (b) shall be so exempt.
(B) (f)  If a local educational agency chooses to administer a primary language assessment to pupils identified as limited English proficient and  At the school district’s option, pupils of limited English proficiency who are  enrolled in any of grades 2 to 11, inclusive, pursuant to subparagraph (A), it shall notify the department in a manner to be determined by the department and the costs shall be paid by the state and included  may take a second achievement test in their primary language. Primary language tests administered pursuant to this subdivision and subdivision (g) shall be subject to the requirements of subdivisions (b), (c), (d), and (e) of Section 60641. These primary language tests shall produce individual pupil scores that are valid and reliable. Notwithstanding any other provision of law, the State Board of Education shall designate for use,  as part of the testing contract, and the department shall provide the local educational agency a per pupil apportionment for administering the assessment pursuant to subdivision (l). this program, a single primary language test in each language for which such a test is available for grades 2 to 11, inclusive, no later than November 14, 1998, pursuant to the process used for designation of the assessment chosen in the 1997–98 fiscal year, as specified in Section 60642 and 60643, as applicable. 
(C) The Superintendent shall consult with stakeholders, including assessment and English learner experts, to determine the content and purpose of a stand-alone language arts summative assessment in primary languages other than English that aligns with the English language arts content standards. The Superintendent shall consider the appropriate purpose for this assessment, including, but not necessarily limited to, support for the State Seal of Biliteracy and accountability. It is the intent of the Legislature that an assessment developed pursuant to this section be included in the state accountability system.
(D) The Superintendent shall report and make recommendations to the state board at a regularly scheduled public meeting no sooner than one year after the first full administration of the consortium computer-adaptive assessments in English language arts and mathematics summative assessments in grades 3 to 8, inclusive, and grade 11, regarding an implementation timeline and estimated costs of a stand-alone language arts summative assessment in primary languages other than English.
(E) The Superintendent shall develop, and the state board shall adopt, a primary language assessment. The Superintendent shall administer this assessment no later than the 2016–17 school year.
(F) This paragraph shall be operative only to the extent that funding is provided in the annual Budget Act or another statute for the purpose of this section.
(c) No later than March 1, 2016, the Superintendent shall submit to the state board recommendations on expanding the CAASPP to include additional assessments, for consideration at a regularly scheduled public meeting. The Superintendent shall also submit these recommendations to the appropriate policy and fiscal committees of the Legislature and to the Director of Finance in accordance with all of the following:
(1) In consultation with stakeholders, including, but not necessarily limited to, California teachers, individuals with expertise in assessing English learners and pupils with disabilities, parents, and measurement experts, the Superintendent shall make recommendations regarding assessments, including the grade level, content, and type of assessment. These recommendations shall take into consideration the assessments already administered or planned pursuant to subdivision (b). The Superintendent shall consider the use of consortium-developed assessments, various item types, computer-based testing, and a timeline for implementation.
(2) The recommendations shall consider assessments in subjects, including, but not necessarily limited to, history-social science, technology, visual and performing arts, and other subjects as appropriate, as well as English language arts, mathematics, and science assessments to augment the assessments required under subdivision (b), and the use of various assessment options, including, but not necessarily limited to, computer-based tests, locally scored performance tasks, and portfolios.
(3) The recommendations shall include the use of an assessment calendar that would schedule the assessments identified pursuant to paragraph (2) over several years, the use of matrix sampling, if appropriate, and the use of population sampling.
(4) The recommendations shall include a timeline for test development, and shall include cost estimates for subject areas, as appropriate.
(5) Upon approval by the state board and the appropriation of funding for this purpose, the Superintendent shall develop and administer approved assessments. The state board shall approve test blueprints, achievement level descriptors, testing periods, performance standards, and a reporting plan for each approved assessment.
(6) The Superintendent shall convene an advisory panel, consisting of, but not necessarily limited to, secondary teachers, school administrators, school board members, parents, a student chosen from among the two finalists who were not appointed by the Governor to serve as the student member on the state board pursuant to Section 33000.5, representatives of a dropout recovery charter school operating pursuant to subdivision (f) of Section 47605.1, measurement experts, and individuals with expertise in assessing English learners and pupils with disabilities, to provide recommendations to the Superintendent on the continuation of the high school exit examination, described in Chapter 9 (commencing with Section 60850), and on alternative pathways to satisfy the high school graduation requirements pursuant to Sections 51224.5 and 51225.3.
(d) For the 2013–14 and 2014–15 school years, the department shall make available to local educational agencies Standardized Testing and Reporting Program test forms no longer required by the CAASPP. The cost of implementing this subdivision, including, but not necessarily limited to, shipping, printing, scoring, and reporting per pupil shall be the same for all local educational agencies, and shall not exceed the marginal cost of the assessment, including any cost the department incurs to implement this section. A local educational agency that chooses to administer an assessment pursuant to this subdivision shall do so at its own expense, and shall enter into an agreement for that purpose with a contractor, subject to the approval of the department.
(e) The Superintendent shall make available a paper and pencil version of any computer-based CAASPP assessment for use by pupils who are unable to access the computer-based version of the assessment for a maximum of three years after a new operational test is first administered.
(f) (1) From the funds available for that purpose, each local educational agency shall administer assessments to each of its pupils pursuant to subdivision (b). These assessments shall include the use of accessibility resources, as may be determined by the department, and those determinations shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). As allowable by federal statute, recently arrived English learner pupils are exempted from taking the assessment in English language arts. The state board shall establish a testing period to provide that all schools administer these tests to pupils at approximately the same time during the instructional year. The testing period established by the state board shall take into consideration the need of local educational agencies to provide makeup days for pupils who were absent during testing, as well as the need to schedule testing on electronic computing devices.
(2) For the 2013–14 school year, each local educational agency shall administer the field tests in a manner described by the department in consultation with the president or executive director of the state board. Additional participants in the field test beyond the representative sample may be approved by the department, and the department shall use existing contract savings to fund local educational agency participation in one or more tests per participant. Funds for this purpose shall be used to allow for maximum participation in the field tests across the state. To the extent savings in the current contract are not available to fully fund this participation, the department shall prorate available funds by test. Local educational agencies shall bear any additional costs to administer these assessments that are in excess of the contracted amount. With the approval of the state board and the Director of Finance, the department shall amend the existing assessment contract to accommodate field testing beyond the representative sample, and to allow for special studies using information collected from the field tests.
(g) From the funds available for that purpose, each local educational agency shall administer assessments as determined by the state board pursuant to paragraph (5) of subdivision (c).
(h) As feasible, the CAASPP field tests shall be conducted in a manner that will minimize the testing burden on individual schools. The CAASPP field tests shall not produce individual pupil scores unless it is determined that these scores are valid and reliable.
(i) The governing board of a school district may administer achievement tests in grades other than those required by this section as it deems appropriate.
(j) (g)  Subject to the approval of the state board, the department may make available to local educational agencies a primary language assessment aligned to the English language arts standards adopted pursuant to Section 60605, as it read on January 1, 2013, for assessing pupils  In addition to the test required by subdivision (b), pupils of limited English proficiency  who are enrolled in a dual language immersion program that includes the primary language of the assessment and who are either nonlimited English proficient or redesignated fluent English proficient until a subsequent primary language assessment aligned to the common core standards in English language arts adopted pursuant to Section 60605.8 is developed pursuant to paragraph (5) of subdivision (b). The cost for the assessment shall be the same for all local educational agencies and shall not exceed the marginal cost of the assessment, including any cost the department incurs to implement this section. A local educational agency that elects to administer a primary language assessment pursuant to this subdivision shall do so at its own expense and shall enter into an agreement for that purpose with the state testing contractor, subject to the approval of the department. any of grades 2 to 11, inclusive, shall be required to take a test in their primary language if such a test is available, if less than 12 months have elapsed after their initial enrollment in any public school in the state. 
(k) Pursuant to Section 1412(a)(16) of Title 20 of the United States Code, individuals with exceptional needs, as defined in Section 56026, shall be included in the testing requirement of subdivision (b) with appropriate accommodations in administration, where necessary, and the individuals with exceptional needs who are unable to participate in the testing, even with accommodations, shall be given an alternate assessment.
(l) (1) The Superintendent shall apportion funds appropriated for these purposes to local educational agencies to enable them to meet the requirements of subdivisions (b) and (c).
(A) For the CAASPP field tests administered in the 2013–14 school year or later school years, the Superintendent shall apportion funds to local educational agencies if funds are specifically provided for this purpose in the annual Budget Act.
(B) The Superintendent shall apportion funds to local educational agencies to enable them to administer assessments used to satisfy the voluntary Early Assessment Program in the 2013–14 school year pursuant to paragraph (4) of subdivision (b).
(2) The state board annually shall establish the amount of funding to be apportioned to local educational agencies for each test administered and annually shall establish the amount that each contractor shall be paid for each test administered under the contracts required pursuant to Section 60643. The amounts to be paid to the contractors shall be determined by considering the cost estimates submitted by each contractor each September and the amount included in the annual Budget Act, and by making allowance for the estimated costs to local educational agencies for compliance with the requirements of subdivisions (b) and (c). The state board shall take into account changes to local educational agency test administration activities under the CAASPP, including, but not limited to, the number and type of tests administered and changes in computerized test registration and administration procedures, when establishing the amount of funding to be apportioned to local educational agencies for each test administered.
(3) (h)  The Superintendent of Public Instruction shall apportion funds to enable school districts to meet the requirements of subdivisions (b), (f), and (g). The State Board of Education shall establish the amount of funding to be apportioned.  An adjustment to the amount of funding to be apportioned per test shall may  not be valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per test shall be submitted in writing to the Director of Finance and the chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision.
(m) (i)  For the  purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation for the apportionments made pursuant to paragraph (1) of subdivision (l), and the payments made to the contractors under the contracts required pursuant to Section 60643 or subparagraph (C) of paragraph (1) of subdivision (a) of Section 60605 between the department and the contractor, are  subdivision (g) shall be deemed to be  “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202,  41202 of the Education Code,  for the applicable 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,  41202 of the Education Code,  for that fiscal year.
(n) (j)  As a condition to receiving an apportionment pursuant to subdivision (l), a local educational agency  (h), a school district  shall report to the Superintendent superintendent  all of the following:
(1) The number of  pupils enrolled in the local educational agency in the grades in which assessments were administered pursuant to subdivisions (b) and (c). school district in grades 2 to 11, inclusive. 
(2) The number of  pupils to whom an achievement test was administered pursuant to subdivisions (b) and (c) in the local educational agency. in grades 2 to 11, inclusive, in the school district. 
(3) The number of  pupils in paragraph (1) who were exempted from the test pursuant to this section. subdivision (e) of Section 60640. 
(o) The Superintendent and the state board are authorized and encouraged to assist postsecondary educational institutions to use the assessment results of the CAASPP, including, but not necessarily limited to, the grade 11 consortium summative assessments in English language arts and mathematics, for academic credit, placement, or admissions processes.
(p) Subject to the availability of funds in the annual Budget Act for this purpose, and exclusive of the consortium assessments, the Superintendent, with the approval of the state board, annually shall release to the public test items from the achievement tests pursuant to Section 60642.5 administered in previous years. Where feasible and practicable, the minimum number of test items released per year shall be equal to 25 percent of the total number of test items on the test administered in the previous year.
(q) (4)  On or before July 1, 2014, Sections 850 to 868, inclusive, of Title 5 of the California Code of Regulations shall be revised by the state board to conform to the changes made to this section in the first year of the 2013–14 Regular Session. The state board shall adopt initial regulations as emergency regulations to immediately implement the CAASPP assessments, including, but not necessarily limited to, the administration, scoring, and reporting of the tests, as the adoption of emergency regulations is necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. The emergency regulations shall be followed by the adoption of permanent regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The number of pupils in paragraph (1) who were exempted from the test at the request of their parents or guardians. 

SEC. 49.

 Section 60643 of the Education Code is amended to read:

60643.
 (a) To be eligible for consideration under Section 60642 by the State Board of Education, test publishers shall agree in writing each year to meet the following requirements, if selected:
(1) Post a performance bond in an amount to be determined by the State Board of Education.
(2) Enter into a standard agreement with all school districts in the state that includes a payment schedule and conditions prescribed by the State Board of Education.
(3) Align the achievement test to the academically rigorous content and performance standards adopted by the State Board of Education.
(4) Comply with subdivisions (c) and (d) of Section 60645.
(5) Provide individual pupil scores to parents or guardians, teachers, and school administrators.
(6) Provide aggregate scores to teachers, administrators, governing boards of school districts, county boards of education, and the State Department of Education in all of the following forms and formats:
(A) Grade level.
(B) School level.
(C) District level.
(D) Countywide.
(E) Statewide.
(F) Comparison of statewide scores relative to other states.
(7) Provide disaggregated scores, based on limited-English-proficient status and non-limited-English-proficient status. For purposes of this section, pupils with “non-limited-English-proficient status” shall include the total of those pupils who are English-only pupils, fluent-English proficient pupils, and redesignated fluent-English proficient pupils. These scores shall be provided to teachers, administrators, governing boards of school districts, county boards of education, and the State Department of Education in the same form and formats listed in paragraph (6).
(8) Provide disaggregated scores by pupil gender and provide disaggregated scores based on whether pupils are economically disadvantaged or not. These disaggregated scores shall be in the same form and formats as listed in paragraph (6). In any one year, the disaggregation shall entail information already being collected by school districts, county offices of education, or charter schools.
(9) Provide disaggregated scores for pupils who have individualized education programs and have enrolled in special education, to the extent required by federal law. These scores shall be provided in the same forms and formats listed in paragraph (6). This section may not be construed to exclude the scores of special education pupils from any state or federal accountability system.
(10) Provide information listed in paragraphs (6), (7), (8), and (9) to the State Board of Education and to the recipients listed in paragraph (6), in hard copy and in an electronic medium compatible for access through the Internet.
(b) It is the intent of the Legislature that the publisher work with the Superintendent of Public Instruction and the State Board of Education in developing a methodology to disaggregate statewide scores as required in paragraphs (7) and (8) of subdivision (a), and in determining which variable indicated on the STAR testing document shall serve as a proxy for “economically disadvantaged” status pursuant to paragraph (8).
(c) Access to any information about individual pupils or their families shall be granted to the publisher only for purposes of correctly associating test results with the pupils who produced those results or for reporting and disaggregating test results as required by this section. School districts are prohibited from excluding a pupil from the test if a parent or parents decline to disclose income. Nothing in this chapter shall be construed to abridge or deny rights to confidentiality contained in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable provisions of state and federal law that protect the confidentiality of information collected by educational institutions.
(a) (d)  Notwithstanding any other provision of  law, the contractor or contractors  publisher  of the achievement tests provided for in Section 60640 test designated pursuant to Section 60642  shall comply with all of the conditions and requirements of the contract  enumerated in subdivision (a)  to the satisfaction of the Superintendent and the state board. State Board of Education. 
(b) (e)  (1) The department shall develop, and the Superintendent and the state board shall approve, a contract or contracts to be entered into with a contractor in connection with the tests provided for in Sections 60640 and 60810. The department may develop the contract through negotiations. In approving a contract amendment to the contract authorized pursuant to this section, the department, in consultation with the state board, may make material amendments to the contract that do not increase the contract cost. Contract amendments that increase contract costs may only be made with the approval of the department, the state board, and the Department of Finance. State Department of Education is hereby authorized to develop a standard agreement, subject to the approval of the State Board of Education, that all school districts and the test publisher shall be required to use. The agreement shall contain provisions for withholding full or partial payments for individual components of test administration, including, but not limited to, test development, publication, administration, scoring, test security, data aggregation, analysis, reporting, or electronic transmission. The standard agreement shall specify the exact reports and data files that are to be provided to the district by the publisher, and the number of copies of each report or file to be provided. The State Department of Education shall also specify in the standard agreement that all reports and files must be certified by the district as complete and accurate before final payment to the publisher from the district. The State Department of Education shall specify in the standard agreement that final payments or portions thereof by school districts or any agent of the State of California shall be withheld until the Superintendent of Public Instruction notifies all school districts that the test administration is completed for the academic year and the State Board of Education has made a determination pursuant to paragraph (2) or (3). The Superintendent of Public Instruction shall notify school districts as required by this subdivision within seven work days after receiving instruction from the State Board of Education. 
(2) For purposes of the contracts authorized pursuant to this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. The department shall use a competitive and open process utilizing standardized scoring criteria through which to select a potential administration contractor or contractors for recommendation to the state board for consideration. The state board shall consider each of the following criteria:
(A) The ability of the contractor to produce valid and reliable scores.
(B) The ability of the contractor to report accurate results in a timely fashion.
(C) Exclusive of the consortium assessments, the ability of the contractor to ensure technical adequacy of the tests, inclusive of the alignment between the California Assessment of Student Performance and Progress tests and the state-adopted content standards.
(D) The cost of the assessment system.
(E) The ability and proposed procedures to ensure the security and integrity of the assessment system.
(F) The experience of the contractor in successfully conducting statewide testing programs in other states.
(3) The contracts shall include provisions for progress payments to the contractor for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the amount budgeted for each separate and distinct component task per test administration provided for in each contract shall be withheld pending final completion of all component tasks by that contractor. The total amount withheld pending final completion shall not exceed 10 percent of the total contract price for that test administration.
(4) The contracts shall require liquidated damages to be paid by the contractor in the amount of up to 10 percent of the total cost of the contract for any component task per test administration that the contractor through its own fault or that of its subcontractors fails to substantially perform as specified in the agreement.
(5) The contracts shall establish the process and criteria by which the successful completion of each component task shall be recommended by the department and approved by the state board.
(6) The contractors shall submit, as part of the contract negotiation process, a proposed budget and invoice schedule, that includes a detailed listing of the costs for each component task and the expected date of the invoice for each completed component task.
(7) The contract or contracts subject to approval by the Superintendent and the state board under paragraph (1) and exempt under paragraph (2) shall specify the following component tasks, as applicable, that are separate and distinct:
(A) Development of new tests or test items.
(B) Test materials production or publication.
(C) Delivery or electronic distribution of test materials to local educational agencies.
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the local educational agencies, including, but not necessarily limited to, all reports specified in this section.
(F) Reporting of valid and reliable test results to the department, including, but not necessarily limited to, the following electronic files:
(i) Scores aggregated statewide, and by county, school district, school, and grade.
(ii) Disaggregated scores based on English proficiency status, gender, ethnicity, socioeconomic disadvantage, foster care status, and special education designation.
(G) (2)  All other analyses or reports required by the Superintendent to meet If satisfied that the publisher has met  the requirements of state and federal law and set forth in the agreement. subdivision (a), and that the State Department of Education and the State Board of Education have received complete statewide data, to the satisfaction of the board, reported in the manner prescribed by this section, the State Board of Education shall determine that all school districts may make final payments to the publisher. 
(H) (3)  Technology services to support the activities listed in subparagraphs (A) to (G), inclusive. If the State Board of Education is not satisfied that the publisher has met all of the requirements of subdivision (a) or any of the individual components of test administration, the board may authorize partial payment. The State Board of Education may adopt regulations establishing a process for partial payments to the test publisher by school districts. 
(I) (f)  Perform regular performance checks and load simulations to ensure the integrity and robustness of the technology system used to support the activities listed in subparagraphs (A) to (G), inclusive. The State Board of Education shall consider the performance of publishers no later than July 31 following the test administration for purposes of making appropriate determinations pursuant to the standard agreement authorized pursuant to this section. Any failure of the test publisher to meet the terms of the standard agreement or other requirements of this section that is caused by a school district’s failure to fulfill its obligations shall not be deemed cause for a determination adverse to the test publisher under this subdivision. 

SEC. 50.

 Section 60643.5 is added to the Education Code, to read:

60643.5.
 (a) A school shall be reimbursed by the test publisher selected pursuant to this article for any unexpected expenses incurred due to scheduling changes that resulted from the late delivery of testing materials in connection with the STAR program.
(b) The State Board of Education shall adopt necessary changes to the standard agreement adopted pursuant to Section 60643 to provide for the reimbursement required by subdivision (a) to ensure timely delivery of testing materials to all schools.
(c) The State Department of Education shall monitor and report to the State Board of Education regarding the publisher’s production, processing, and delivery system to ensure that a timely delivery of testing materials to all schools occurs during the 1999–2000 testing cycle.

SEC. 51.

 Section 60810 of the Education Code is amended to read:

60810.
 (a) (1) The Superintendent of Public Instruction  shall review existing assessments tests  that assess the English language development of pupils whose primary language is a language other than English. The assessment for initial identification and the summative assessment  tests  shall include, but not be limited to, an assessment of achievement of these pupils in English reading, speaking, and written skills. The Superintendent superintendent  shall determine which assessments, tests,  if any, meet the requirements of subdivisions (b) to (f), inclusive.  and (c).  If any existing assessment test  or series of assessments tests  meets these criteria, the Superintendent, superintendent,  with approval of the state board,  State Board of Education,  shall report to the Legislature on its findings and recommendations.
(2) If no suitable assessment test  exists, the Superintendent superintendent  shall explore the option of a collaborative effort with other states to develop an assessment a test  or series of assessments tests  and share assessment test  development costs. If no suitable assessment test  exists, the Superintendent, superintendent,  with the  approval of the state board, shall either release a request for proposals for the development of an assessment State Board of Education, may contract with a local education agency to develop a test  or series of assessments tests  that meets the criteria of subdivisions (b) to (f), inclusive,  and (c) or may  contract to modify an existing assessment test  or series of assessments tests  so that it will meet the requirements of subdivisions (b) to (f), inclusive, or amend the contract authorized pursuant to Section 60643 so that an assessment or a series of assessments are developed or modified to meet the requirements of subdivisions (b) to (f), inclusive. The state board shall approve assessment blueprints, assessment performance descriptors, and performance-level cut scores based on standard settings. and (c). 
(3) The Superintendent shall apportion funds appropriated to enable school districts to meet the requirements of subdivisions (c) and (e). The state board shall establish the amount of funding to be apportioned per assessment administered, based on a review of the cost per assessment for initial identification and summative assessment purposes.
(4) (3)  An adjustment to the amount of funding to be apportioned per assessment is not valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per assessment shall be submitted in writing to the Director of Finance and the chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision. Not later than August 15, 1999, the Superintendent of Public Instruction and the State Board of Education shall release a request for proposals for the development of the test or series of tests required by this subdivision. Not later than September 15, 1999, the State Board of Education shall select a contractor or contractors for the development of the test or series of tests required by this subdivision, to be available for administration during the 2000–01 school year. 
(b) (1)  The assessment test  or series of assessments tests  developed or acquired pursuant to subdivision (a) shall have sufficient range to assess pupils in kindergarten and  grades 2 1  to 12, inclusive, in English listening, speaking,  reading, and writing skills. These assessments shall include the use of accessibility resources, as may be determined by the department, and those determinations shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Pupils  speaking, and written skills, except that pupils  in kindergarten and grade 1 shall be assessed in English listening and speaking, and, once an assessment is developed, early literacy skills. Six months after the results of three administrations are collected, but no later than June 30, 2013, the department shall report to the Legislature on the administration of the kindergarten and grade 1 early literacy assessment results, as well as on the administrative process, in order to determine whether reauthorization of the early literacy assessment is appropriate. reading and written communication only to the extent that comparable standards and assessments in English and language arts are used for native speakers of English. 
(2) In the development and administration of the assessment for pupils in kindergarten and grade 1, the department shall minimize any additional assessment time, to the extent possible. To the extent that it is technically possible, items that are used to assess listening and speaking shall be used to measure early literacy skills. The department shall ensure that the assessment and procedures for its administration are age and developmentally appropriate. Age- and developmentally appropriate procedures for administration may include, but are not limited to, one-on-one administration, a small group setting, and orally responding or circling a response to a question.
(3) For purposes of this subdivision, “kindergarten” does not include transitional kindergarten.
(4) The assessment for initial identification developed or acquired pursuant to subdivision (a) shall have sufficient range to identify if the pupil is an English learner, as defined by Section 306.
(c) The assessment for initial identification shall meet all of the following requirements:
(1) Have psychometric properties of reliability and validity deemed adequate by technical experts.
(2) Be capable of administration to pupils with any primary language other than English.
(3) Be capable of administration by classroom teachers.
(4) Not discriminate on the basis of race, ethnicity, or gender.
(5) Be aligned with the standards for English language development adopted by the state board pursuant to Section 60811.3, as it read on June 30, 2013.
(6) Be age and developmentally appropriate for pupils.
(d) The assessment for initial identification shall be used to identify pupils who are limited English proficient.
(e) (c)  The summative assessment  test or series of tests  shall meet all of the following requirements:
(1) Provide sufficient information about pupils at each grade level to determine levels of proficiency ranging from no English proficiency to fluent English proficiency with at least two intermediate levels.
(2) Yield scores that allow comparison of the growth of a pupil over time, that may be tied to readiness for various instructional options, and that may be aggregated for use in the evaluation of program effectiveness.
(3) (2)  Have psychometric properties of reliability and validity deemed adequate by technical experts.
(4) (3)  Be capable of administration to pupils with any primary language other than English.
(5) (4)  Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of a pupil’s growth over time, can be tied to readiness for various instructional options, and can be aggregated for use in the evaluation of program effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development adopted by the state board  State Board of Education  pursuant to Section 60811.3, as it read on June 30, 2013. 60811. 
(8) Be age and developmentally appropriate for pupils.
(f) (d)  The summative assessment  test  shall be used for both of  the following purposes:
(1) To identify pupils who are limited English proficient.
(1) (2)  To identify determine  the level of English language proficiency of pupils who are limited English proficient.
(2) (3)  To assess the progress of limited-English-proficient pupils in acquiring the skills of listening, reading, speaking, and writing in English.
(g) (1) A pupil in any of grades 3 to 12, inclusive, shall not be required to retake those portions of the assessment that measure English language skills for which the pupil has previously tested as advanced within each appropriate grade span, as determined by the department in accordance with paragraph (8) of subdivision (e).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to 12, inclusive, shall not be required to retake those portions of the assessment that measure English language skills for which the pupil has previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law.
(h) (1) The Superintendent shall not administer an assessment for initial identification or a summative assessment pursuant to this section until both assessments are developed and adopted by the state board.
(2) The Superintendent shall report to the appropriate policy committees of the Legislature when the assessments are ready for their initial administration.

SEC. 52.

 Section 60811 of the Education Code is amended to read:

60811.
 The state board  Not later than July 1, 1999, the State Board of Education  shall approve standards for English language development for pupils whose primary language is a language other than English. The standards shall be comparable in rigor and specificity to the standards for English language arts adopted pursuant to Section 60605.8, the standards for mathematics adopted pursuant to Sections 60605.8 and 60605.11, and the standards for science adopted pursuant to Section 60605.85. 60605. 

SEC. 53.

 Section 84750 of the Education Code is amended to read:

84750.
 The board of governors, in accordance with the statewide requirements contained in subdivisions (a) to (j), inclusive, and in consultation with institutional representatives of the California Community Colleges and statewide faculty and staff organizations, so as to ensure their participation in the development and review of policy proposals, shall develop criteria and standards for the purposes of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and for the purpose of allocating the state general apportionment revenues, beginning with the budget request for the 1991–92 fiscal year.
In developing the criteria and standards, the board of governors shall utilize and strongly consider the guidelines and work products of the Task Force on Community College Financing as established pursuant to Chapter 1465 of the Statutes of 1986, and shall complete the development of these criteria and standards, accompanied by the necessary procedures, processes, and formulas for utilizing its criteria and standards, by March 1, 1990, and shall submit on or before that date a report on these items to the Legislature and the Governor.
The board of governors shall develop the criteria and standards within the following statewide minimum requirements:
(a) The calculations of each community college district’s revenue level for each fiscal year shall be based on the level of general apportionment revenues (state and local) the district received for the prior year plus any amount attributed to a deficit of minimum workload growth, with revenue adjustments being made for increases or decreases in workload, for program improvement as authorized by this section or by any other provision of law, for inflation, and for other purposes authorized by law.
(b) (1) For credit instruction, the funding mechanism developed pursuant to this section shall recognize the needs among the major categories of operation of community colleges, with categories established for instruction, instructional services and libraries, student services, maintenance and operations, and institutional support.
(2) The board of governors may propose to the Legislature, for enactment by statute, other cost categories when adequate data exist.
(3) Funding for noncredit classes shall be determined as follows:
(A) The preliminary amount per noncredit full-time equivalent student (FTES) for 1991–92 shall be equal to the comparable amount for 1990–91 with increases corresponding to the cost of living adjustment (COLA) specified in subdivision (e) and corresponding to any program improvement provided to the maintenance and operations category for 1991–92.
(B) Funds for maintenance and operations shall be included in the funds derived under paragraph (4) of subdivision (c).
(C) Funds for institutional support will be derived as part of the computation under paragraph (5) of subdivision (c).
(D) From the preliminary amount described in subparagraph (A), a deduction shall be made corresponding to the amounts derived in subparagraphs (B) and (C), and the remainder shall be the funded amount per noncredit FTES for 1991–92.
(E) Changes in noncredit FTES shall result in adjustments to revenues as follows:
(i) Increases in noncredit FTES shall result in an increase in revenues in the year of the increase and at the average rate per noncredit FTES.
(ii) Decreases in noncredit FTES shall result in a revenue reduction as follows:
(I) District revenue shall be adjusted at the average rate per noncredit FTES.
(II) Revenue adjustments shall be over a three-year period beginning in the year following the initial year of decrease in noncredit FTES.
(iii) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in noncredit FTES during the three years following the initial year of decrease in noncredit FTES if there is a subsequent increase in FTES.
(4) Except as otherwise provided by statute, current categorical programs providing direct services to students, including extended opportunity programs and services, and disabled students programs and services, shall continue to be funded separately through the annual Budget Act, and shall not be assumed under budget formulas of program-based funding.
(5) District revenues shall be determined based on systemwide funding standards within the categories, and revenue adjustments shall occur based on distinct measures of workload applicable to each category.
(c) Workload measures applicable to each category shall be established with the following measures to be provided:
(1) For credit instruction, the workload measure shall be the credit FTES. Changes in credit FTES shall result in adjustments in revenues as follows:
(A) Increases in FTES shall result in an increase in revenues in the year of the increase and at the statewide average per FTES.
(B) Decreases in FTES shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the statewide average per FTES.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per FTES.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in FTES.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in FTES during the three years following the initial year of decrease in FTES if there is a subsequent increase in FTES.
(2) For instructional services and libraries, the workload measure shall be the credit FTES. Changes in credit FTES with respect to instructional services and libraries shall result in adjustments to revenues as follows:
(A) Increases in FTES shall result in an increase in revenues in the year of the increase and at the statewide average rate per FTES.
(B) Decreases in FTES shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the full amount of the statewide average per FTES.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per FTES.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in FTES.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decreases in FTES during the three years following the initial year of decreases in FTES if there is a subsequent increase in FTES.
(3) For student services, the workload measure shall be based on the numbers of credit students enrolled (headcount).
Changes in headcount shall result in adjustments to revenues as follows:
(A) Increases in headcount shall result in an increase in revenues in the year of the increase at the statewide average per headcount.
(B) Decreases in headcount shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the full amount of the statewide average per headcount.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per headcount.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in headcount.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in headcount during the three years following the initial year of decrease in headcount if there is a subsequent increase in headcount.
(4) For maintenance and operations, the workload measure shall be based on the number of square feet of owned or leased facilities. Changes in the number of square feet shall be adjusted as follows:
(A) Increases in the number of square feet shall result in an increase in revenue in the year that the increase occurs and at the average per square foot.
(B) Decreases in the number of square feet shall result in a decrease in revenue beginning July 1 of the first full year in which the square feet are no longer owned or leased and at the average rate per square foot.
(5) For institutional support, a single fixed percentage which shall apply to all districts shall be established based on the pattern from the most recent data. The percentage shall be obtained from statewide data by comparing expenditures for this category with the total revenue for all five categories.
(d) Funding standards, subject to the conditions and criteria of this section, shall be established by the board for the various categories of operation established pursuant to subdivision (b). In consultation as required by subdivision (e) of Section 70901, the board of governors shall annually request program improvement moneys to assist districts in meeting these standards.
(e) Annual revenue adjustments shall be made to reflect cost changes, using the same inflation adjustment as required for school districts pursuant to subdivision (b) of Section 42238.1.
(f) An adjustment for economies of scale for districts and colleges shall be provided.
(g) The statewide increase in workload of FTES and headcount shall be, at a minimum, the rate of change of the adult population as determined by the Department of Finance, and may be increased through the budget process to reflect such other factors as statewide priorities, the unemployment rate, and the number of students graduating from California high schools. The allocation of changes on a district-by-district basis shall be determined by the board of governors.
(h) For fiscal year 1991–92 or on the date Section 84750 is implemented by the board of governors in accordance with Section 70 of Chapter 973 of the Statutes of 1988, whichever is later, all districts shall receive at least the amount of revenue to which they would have been entitled pursuant to Article 1 (commencing with Section 84700) of Chapter 5 of Part 50. Thereafter, allocations shall be made pursuant to this section, as implemented by the board of governors pursuant to the annual State Budget.
(i) Except as specifically provided by statute, regulations of the board of governors for determining and allocating the state general apportionment to the community colleges shall not require district governing boards to expend the allocated revenues in specified categories of operation or according to the workload measures developed by the board of governors.
(j) As used in this section:
(1) “Criteria” means the definitions of elements of institutional practice or activity to be included in the categories of operation of community college districts.
(2) “Program improvement” means an increase in revenue which is allocated to all districts to fund standards adopted pursuant to subdivision (d). Program improvement also means an increase in revenue allocated to low revenue districts to bring them closer to the statewide average.
(3) “Standard” means the appropriate level of service in a category of operation of the community college districts.

SEC. 54.

 Section 15379.80 of the Government Code is amended to read:

15379.80.
 (a) This chapter shall remain in effect only until January 1, 2001, and as of that date, is repealed, unless a later enacted statute that is enacted before January 1, 2001, deletes or extends that date.
(b) The Legislative Analyst, in conjunction with the Bureau of State Audits, shall conduct a review of the effectiveness of this chapter for submission to the Governor, the Legislature, and the Board of Governors of the California Community Colleges as part of the Legislative Analyst’s analysis of the Budget Bill to be issued in February 1999. In evaluating the program, the Legislative Analyst shall consider the matters specified in paragraphs (1) and (2) and, in conjunction with the Bureau of State Audits, shall consider the matter specified in paragraph (3):
(1) The findings of the report required by Section 15379.70.
(2) An analysis of data compiled in accordance with Section 15379.28.
(3) The net effect of program services in the local and regional economy, including new employment, skills enhancement, and training for work force reentry.
(4) An assessment of whether any identified problems are issues that affect the implementation of this chapter or issues that warrant revisions of statutes or regulations. The assessment shall include recommendations to improve the California Community Colleges Economic Development Program while maintaining its basic purposes, including the program mission as established by Section 15379.21.
(5) The extent to which the recommendations of the Bureau of State Audits, as contained in Audit Report #94123 dated January 1996, have been implemented, or to which appropriate justification for nonimplementation has been provided by the board of governors.

SEC. 55.

 Section 68926 of the Government Code is amended to read:

68926.
 (a) (1) The fee for filing a notice of appeal in a civil case appealed to a court of appeal is six hundred five dollars ($605).
(2) The fee for filing a petition for a writ within the original civil jurisdiction of the Supreme Court is five hundred forty dollars ($540).
(3) The fee for filing a petition for a writ within the original civil jurisdiction of a court of appeal is six hundred five dollars ($605).
(b) (1) The fee for a party other than appellant filing its first document in a civil case appealed to a court of appeal is three hundred ninety dollars ($390).
(2) The fee for a party other than petitioner filing its first document in a writ proceeding within the original jurisdiction of the Supreme Court is three hundred ninety dollars ($390).
(3) The fee for a party other than petitioner filing its first document in a writ proceeding within the original jurisdiction of a court of appeal is three hundred ninety dollars ($390).
(c) The   fee for filing a notice of appeal in a civil case appealed to a court of appeal is two hundred sixty-five dollars ($265). The fee for filing a petition for a writ within the original civil jurisdiction of the Supreme Court is two hundred dollars ($200). The fee for filing a petition for a writ within the original civil jurisdiction of a court of appeal is two hundred sixty-five dollars ($265).  These fees are in full, for all services, through the rendering of the judgment or the issuing of the remittitur or peremptory writ, except the fees fee  imposed by subdivision (b) of Section 68926.1 and Section  Section  68927. The Judicial Council may make rules governing the time and method of payment of these fees, and providing for excuse therefrom in appropriate cases. A fee may not be charged in appeals from, nor petitions for writs involving, juvenile cases or proceedings to declare a minor free from parental custody or control, or proceedings under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). control. 

SEC. 56.

 Section 68926.3 of the Government Code is amended to read:

68926.3.
 (a)  Notwithstanding any other provision of  law, sixty-five dollars ($65) of each fee collected in a civil case by the clerk of each court of appeal pursuant to subdivision (a) of  Section 68926 shall be paid into the State Treasury for deposit in a special account in the General Fund to be known as the California State Law Library Special Account, which account  is hereby established.
(b)  Moneys deposited in the California State Law Library Special Account during the 1992–93 fiscal year are hereby appropriated for that fiscal year to the California State Law Library for its support. In fiscal years subsequent to the 1992–93 fiscal year, these moneys  shall be available for the support of the California State Law Library upon appropriation thereto by the Legislature in the annual Budget Act.
(c)  This section shall remain in effect only until January 1, 2025, 2005,  and as of that date, is repealed, unless a later statute that which  is enacted before that date extends or repeals that date.

SEC. 57.

 Section 97.2 of the Revenue and Taxation Code is amended to read:

97.2.
 Notwithstanding any other provision of this chapter, the computations and allocations made by each county pursuant to Section 96.1 or its predecessor section shall be modified for the 1992–93 fiscal year pursuant to subdivisions (a) to (d), inclusive, and for the 1997–98 and 1998–99 fiscal years pursuant to subdivision (e), as follows:
(a) (1) Except as provided in paragraph (2), the amount of property tax revenue deemed allocated in the prior fiscal year to each county shall be reduced by the dollar amounts indicated as follows, multiplied by 0.953649:
Property
Tax Reduction
per County
Property
Tax Reduction
per County
Alameda Alameda  ........................
$ 27,323,576
Alpine Alpine  ........................
 5,169
Amador Amador  ........................
 286,131
Butte Butte  ........................
 846,452
Calaveras Calaveras  ........................
 507,526
Colusa Colusa  ........................
 186,438
Contra Costa ........................
 12,504,318
Del Norte ........................
 46,523
El Dorado ........................
 1,544,590
Fresno Fresno  ........................
 5,387,570
Glenn Glenn  ........................
 378,055
Humboldt Humboldt  ........................
 1,084,968
Imperial Imperial  ........................
 998,222
Inyo Inyo  ........................
 366,402
Kern Kern  ........................
 6,907,282
Kings Kings  ........................
 1,303,774
Lake Lake  ........................
 998,222
Lassen ........................
 93,045
Los Angeles ........................
 244,178,806
Madera Madera  ........................
 809,194
Marin Marin  ........................
 3,902,258
Mariposa Mariposa  ........................
 40,136
Mendocino Mendocino  ........................
 1,004,112
Merced Merced  ........................
 2,445,709
Modoc Modoc  ........................
 134,650
Mono Mono  ........................
 319,793
Monterey Monterey  ........................
 2,519,507
Napa Napa  ........................
 1,362,036
Nevada ........................
 762,585
Orange Orange  ........................
 9,900,654
Placer Placer  ........................
 1,991,265
Plumas Plumas  ........................
 71,076
Riverside Riverside  ........................
 7,575,353
Sacramento Sacramento  ........................
 15,323,634
San Benito ........................
 198,090
San Bernardino ........................
 14,467,099
San Diego ........................
 17,687,776
San Francisco ........................
 53,266,991
San Joaquin ........................
 8,574,869
San Luis Obispo ........................
 2,547,990
San Mateo ........................
 7,979,302
Santa Barbara ........................
 4,411,812
Santa Clara ........................
 20,103,706
Santa Cruz ........................
 1,416,413
Shasta Shasta  ........................
 1,096,468
Sierra Sierra  ........................
 97,103
Siskiyou Siskiyou  ........................
 467,390
Solano Solano  ........................
 5,378,048
Sonoma Sonoma  ........................
 5,455,911
Stanislaus Stanislaus  ........................
 2,242,129
Sutter Sutter  ........................
 831,204
Tehama Tehama  ........................
 450,559
Trinity Trinity  ........................
 50,399
Tulare Tulare  ........................
 4,228,525
Tuolumne Tuolumne  ........................
 740,574
Ventura Ventura  ........................
 9,412,547
Yolo Yolo  ........................
 1,860,499
Yuba Yuba  ........................
 842,857
(2) Notwithstanding paragraph (1), the amount of the reduction specified in that paragraph for any county or city and county that has been materially and substantially impacted as a result of a federally declared disaster, as evidenced by at least 20 percent of the cities, or cities and unincorporated areas of the county representing 20 percent of the population within the county suffering substantial damage, as certified by the Director of the Office of  Emergency Services, occurring between October 1, 1989, and September 30, 1994,  the effective date of this section,  shall be reduced by that portion of five million dollars ($5,000,000) determined for that county or city and county pursuant to subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do all of the following:
(A) Determine the population of each county and city and county in which a federally declared disaster has occurred between October 1, 1989, and September 30, 1994. the effective date of this section. 
(B) Determine for each county and city and county as described in subparagraph (A) its share of five million dollars ($5,000,000) on the basis of that county’s population relative to the total population of all counties described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the amounts determined pursuant to subparagraph (B).
(b) (1) Except as provided in paragraph (2), the amount of property tax revenue deemed allocated in the prior fiscal year to each city, except for a newly incorporated city that did not receive property tax revenues in the 1991–92 fiscal year, shall be reduced by 9 percent. In making the above computation with respect to cities in Alameda County, the computation for a city described in paragraph (6) of subdivision (a) of Section 100.7, as added by Section 73.5 of Chapter 323 of the Statutes of 1983, shall be adjusted so that the amount multiplied by 9 percent is reduced by the amount determined for that city for “museums” pursuant to paragraph (2) of subdivision (h) of Section 95.
(2) Notwithstanding paragraph (1), the amount of the reduction determined pursuant to that paragraph for any city that has been materially and substantially impacted as a result of a federally declared disaster, as certified by the Director of the Office of  Emergency Services, occurring between October 1, 1989, and September 30, 1994,  the effective date of this section,  shall be reduced by that portion of fifteen million dollars ($15,000,000) determined for that city pursuant to subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do all of the following:
(A) Determine the population of each city in which a federally declared disaster has occurred between October 1, 1989, and September 30, 1994. the effective date of this section. 
(B) Determine for each city as described in subparagraph (A) its share of fifteen million dollars ($15,000,000) on the basis of that city’s population relative to the total population of all cities described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the amounts determined pursuant to subparagraph (B).
(4) In the 1992–93 fiscal year and each fiscal year thereafter, the auditor shall adjust the computations required pursuant to Article 4 (commencing with Section 98) so that those computations do not result in the restoration of any reduction required pursuant to this section.
(c) (1) Subject to paragraph (2), the amount of property tax revenue, other than those revenues that are pledged to debt service, deemed allocated in the prior fiscal year to a special district, other than a multicounty district, a local hospital district, or a district governed by a city council or whose governing board has the same membership as a city council, shall be reduced by 35 percent. For purposes of this subdivision, “revenues that are pledged to debt service” include only those amounts required to pay debt service costs in the 1991–92 fiscal year on debt instruments issued by a special district for the acquisition of capital assets.
(2) No reduction pursuant to paragraph (1) for any special district, other than a countywide water agency that does not sell water at retail, shall exceed an amount equal to 10 percent of that district’s total annual revenues, from whatever source, as shown in the 1989–90 edition of the State Controller’s Report on Financial Transactions Concerning Special Districts (not including any annual revenues from fiscal years following the 1989–90 fiscal year). With respect to any special district, as defined pursuant to subdivision (m) of Section 95, that is allocated property tax revenue pursuant to this chapter but does not appear in the State Controller’s Report on Financial Transactions Concerning Special Districts, the auditor shall determine the total annual revenues for that special district from the information in the 1989–90 edition of the State Controller’s Report on Financial Transactions Concerning Counties. With respect to a special district that did not exist in the 1989–90 fiscal year, the auditor may use information from the first full fiscal year, as appropriate, to determine the total annual revenues for that special district. No reduction pursuant to paragraph (1) for any countywide water agency that does not sell water at retail shall exceed an amount equal to 10 percent of that portion of that agency’s general fund derived from property tax revenues.
(3) The auditor in each county shall, on or before January 15, 1993, and on or before January 30 of each year thereafter, submit information to the Controller concerning the amount of the property tax revenue reduction to each special district within that county as a result of paragraphs (1) and (2). The Controller shall certify that the calculation of the property tax revenue reduction to each special district within that county is accurate and correct, and submit this information to the Director of Finance.
(A) The Director of Finance shall determine whether the total of the amounts of the property tax revenue reductions to special districts, as certified by the Controller, is equal to the amount that would be required to be allocated to school districts and community college districts as a result of a three hundred seventy-five million dollar ($375,000,000) shift of property tax revenues from special districts for the 1992–93 fiscal year. If, for any year, the total of the amount of the property tax revenue reductions to special districts is less than the amount as described in the preceding sentence, the amount of property tax revenue, other than those revenues that are pledged to debt service, deemed allocated in the prior fiscal year to a special district, other than a multicounty district, a local hospital district, or a district governed by a city council or whose governing board has the same membership as a city council, shall, subject to subparagraph (B), be reduced by an amount up to 5 percent of the amount subject to reduction for that district pursuant to paragraphs (1) and (2).
(B) No reduction pursuant to subparagraph (A), in conjunction with a reduction pursuant to paragraphs (1) and (2), for any special district, other than a countywide water agency that does not sell water at retail, shall exceed an amount equal to 10 percent of that district’s total annual revenues, from whatever source, as shown in the most recent State Controller’s Report on Financial Transactions Concerning Special Districts. No reduction pursuant to subparagraph (A), in conjunction with a reduction pursuant to paragraphs (1) and (2), for any countywide water agency that does not sell water at retail shall exceed an amount equal to 10 percent of that portion of that agency’s general fund derived from property tax revenues.
(C) In no event shall the amount of the property tax revenue loss to a special district derived pursuant to subparagraphs (A) and (B) exceed 40 percent of that district’s property tax revenues or 10 percent of that district’s total revenues, from whatever source.
(4) For the purpose of determining the total annual revenues of a special district that provides fire protection or fire suppression services, all of the following shall be excluded from the determination of total annual revenues:
(A) If the district had less than two million dollars ($2,000,000) in total annual revenues in the 1991–92 fiscal year, the revenue generated by a fire suppression assessment levied pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code.
(B) The  In counties that contract with the state to protect state responsibility areas, the  total amount of all funds, regardless of the source, that are appropriated to a district, including a fire department, by a board of supervisors pursuant to Section 25642 of the Government Code or Chapter 7 (commencing with Section 13890) of Part 2.7 of Division 12 of the Health and Safety Code for fire protection. The amendment of this subparagraph by Chapter 290 of the Statutes of 1997 does not affect any exclusion from the total annual revenues of a special district that was authorized by this subparagraph as it read before that amendment. 
(C) The revenue received by a district as a result of contracts entered into pursuant to Section 4133 of the Public Resources Code.
(5) For the purpose of determining the total annual revenues of a resource conservation district, all of the following shall be excluded from the determination of total annual revenues:
(A) Any revenues received by that district from the state for financing the acquisition of land, or the construction or improvement of state projects, and for which that district serves as the fiscal agent in administering those state funds pursuant to an agreement entered into between that district and a state agency.
(B) Any amount received by that district as a private gift or donation.
(C) Any amount received as a county grant or contract as supplemental to, or independent of, that district’s property tax share.
(D) Any amount received by that district as a federal or state grant.
(d) (1) The amount of property tax revenues not allocated to the county, cities within the county, and special districts as a result of the reductions calculated pursuant to subdivisions (a), (b), and (c) shall instead be deposited in the Educational Revenue Augmentation Fund to be established in each county. The amount of revenue in the Educational Revenue Augmentation Fund, derived from whatever source, shall be allocated pursuant to paragraphs (2) and (3) to school districts and county offices of education, in total, and to community college districts, in total, in the same proportion that property tax revenues were distributed to school districts and county offices of education, in total, and community college districts, in total, during the 1991–92 fiscal year.
(2) (A)  The auditor shall, based on information provided by the county superintendent of schools pursuant to this paragraph, allocate the proportion of the Educational Revenue Augmentation Fund to those school districts and county offices of education within the county that are not excess tax school entities, as defined in subdivision (n) of Section 95. The county superintendent of schools shall determine the amount to be allocated to each school district and county office of education in inverse proportion to the amounts of property tax revenue per average daily attendance in each school district and county office of education. In no event shall any additional money be allocated from the fund to a school district or county office of education upon that school district or county office of education becoming an excess tax school entity.
(B) The Controller shall issue, on or before December 31, 2020, guidance to counties for implementation of subparagraph (A). Any guidance issued to counties pursuant to this subparagraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) or Section 30200 of Government Code. Commencing with the 2019–20 fiscal year, if a county auditor-controller fails to allocate Educational Revenue Augmentation Fund revenues in accordance with the guidance issued by the Controller pursuant to this subparagraph, the Controller may request a writ of mandate to require the county auditor-controller to immediately perform this duty. Such actions may be filed only in the County of Sacramento and shall have priority over other civil matters.
(C) Calculations made pursuant to subparagraph (A) for fiscal years before the 2018–19 fiscal year shall be considered final as of the 2018–19 fiscal year second principal apportionment.
(D) Calculations pursuant to subparagraph (A) for the 2018–19 fiscal year shall be considered final as of the February 20, 2020, certification.
(3) The auditor shall, based on information provided by the Chancellor of the California Community Colleges pursuant to this paragraph, allocate the proportion of the Educational Revenue Augmentation Fund to those community college districts within the county that are not excess tax school entities, as defined in subdivision (n) of Section 95. The chancellor shall determine the amount to be allocated to each community college district in inverse proportion to the amounts of property tax revenue per funded full-time equivalent student in each community college district. In no event shall any additional money be allocated from the fund to a community college district upon that district becoming an excess tax school entity.
(4) (A) If, after making the allocation required pursuant to paragraph (2), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate those excess funds pursuant to paragraph (3). If, after making the allocation pursuant to paragraph (3), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate those excess funds pursuant to paragraph (2).
(B) (i) (I)  For the 1995–96 fiscal year and each fiscal year thereafter,  thereafter except the 1999–2000 fiscal year,  if, after making the allocations pursuant to paragraphs (2) and (3) and subparagraph (A), the auditor determines that there are still additional funds to be allocated, the auditor shall, subject to clauses (ii) and (iii), allocate those excess funds to the county superintendent of schools. Funds allocated pursuant to this subclause subparagraph  shall be counted as property tax revenues for special education programs in augmentation of the amount calculated pursuant to Section 2572 of the Education Code, to the extent that those property tax revenues offset state aid for county offices of education and school districts within the county pursuant to Section 56836.15 subdivision (c) of Section 56836.08  of the Education Code.
(II) For the 2007–08 fiscal year and for each fiscal year thereafter, both of the following apply:
(ia) In allocating the revenues described in subclause (I), the auditor shall apportion funds to the appropriate special education local plan area to cover the amount determined in Section 56836.173 of the Education Code.
(ib) Except as otherwise provided by sub-subclause (ia), property tax revenues described in subclause (I) shall not be apportioned to special education programs funded pursuant to Section 56836.173 of the Education Code.
(III) If, for the 2000–01 fiscal year or any fiscal year thereafter, any additional revenues remain after the implementation of subclauses (I) and (II), the auditor shall allocate those remaining revenues among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year.
(IV) A county Educational Revenue Augmentation Fund shall not be required to provide funding for special education programs funded pursuant to Section 56836.173 of the Education Code or any predecessor to that section for a fiscal year before the 2007–08 fiscal year that it has not already provided for these programs before the beginning of the 2007–08 fiscal year.
(ii) For the 1995–96 fiscal year only, clause (i) this subparagraph  shall have no application to the County of Mono and the amount allocated pursuant to clause (i) this subparagraph  in the County of Marin shall not exceed five million dollars ($5,000,000).
(iii) For the 1996–97 fiscal year only, the total amount of funds allocated by the auditor pursuant to clause (i) and clause (i) of  this subparagraph and  subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 shall not exceed that portion of two million five hundred thousand dollars ($2,500,000) that corresponds to the county’s proportionate share of all moneys allocated pursuant to clause (i) and clause (i) of  this subparagraph and  subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 for the 1995–96 fiscal year. Upon the request of the auditor, the Department of Finance shall provide to the auditor all information in the department’s possession that is necessary for the auditor to comply with this clause.
(iv) Notwithstanding clause (i) of this subparagraph, for  For  the 1999–2000 fiscal year only,  year,  if, after making the allocations pursuant to paragraphs (2) and (3) and subparagraph (A), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate the funds to the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year. The amount allocated pursuant to this clause shall not exceed eight million two hundred thirty-nine thousand dollars ($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00 of the Budget Act of 1999 (Chapter 50, Statutes of 1999).  This clause shall be operative for the 1999–2000 fiscal year only to the extent that moneys are appropriated for purposes of this clause in the Budget Act of 1999 by an appropriation that specifically references this clause.
(C) For purposes of allocating the Educational Revenue Augmentation Fund for the 1996–97 fiscal year, the auditor shall, after making the allocations for special education programs, if any, required by subparagraph (B), allocate all remaining funds among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year. For purposes of ad valorem property tax revenue allocations for the 1997–98 fiscal year and each fiscal year thereafter, no amount of ad valorem property tax revenue allocated to the county, a city, or a special district pursuant to this subparagraph shall be deemed to be an amount of ad valorem property tax revenue allocated to that local agency in the prior fiscal year.
(5) For purposes of allocations made pursuant to Section 96.1 or its predecessor section for the 1993–94 fiscal year, the amounts allocated from the Educational Revenue Augmentation Fund pursuant to this subdivision, other than amounts deposited in the Educational Revenue Augmentation Fund pursuant to Section 33681 of the Health and Safety Code, shall be deemed property tax revenue allocated to the Educational Revenue Augmentation Fund in the prior fiscal year.
(e) (1) For the 1997–98 fiscal year:
(A) The amount of property tax revenue deemed allocated in the prior fiscal year to any city subject to the reduction specified in paragraph (2) of subdivision (b) shall be reduced by an amount that is equal to the difference between the amount determined for the city pursuant to paragraph (1) of subdivision (b) and the amount of the reduction determined for the city pursuant to paragraph (2) of subdivision (b).
(B) The amount of property tax revenue deemed allocated in the prior fiscal year to any county or city and county subject to the reduction specified in paragraph (2) of subdivision (a) shall be reduced by an amount that is equal to the difference between the amount specified for the county or city and county pursuant to paragraph (1) of subdivision (a) and the amount of the reduction determined for the county or city and county pursuant to paragraph (2) of subdivision (a).
(2) The amount of property tax revenues not allocated to a city or city and county as a result of this subdivision shall be deposited in the Educational Revenue Augmentation Fund described in subparagraph (A) of paragraph (1) of subdivision (d).
(3) For purposes of allocations made pursuant to Section 96.1 for the 1998–99 fiscal year, the amounts allocated from the Educational Revenue Augmentation Fund pursuant to this subdivision shall be deemed property tax revenues allocated to the Educational Revenue Augmentation Fund in the prior fiscal year.
(f) It is the intent of the Legislature in enacting this section that this section supersede and be operative in place of Section 97.03 of the Revenue and Taxation Code, as added by Senate Bill 617 of the 1991–92 Regular Session.

SEC. 58.

 Section 97.3 of the Revenue and Taxation Code is amended to read:

97.3.
 Notwithstanding any other provision of this chapter, the computations and allocations made by each county pursuant to Section 96.1 or its predecessor section, as modified by Section 97.2 or its predecessor section for the 1992–93 fiscal year, shall be modified for the 1993–94 fiscal year pursuant to subdivisions (a) to (c), inclusive, as follows:
(a) The amount of property tax revenue deemed allocated in the prior fiscal year to each county and city and county shall be reduced by an amount to be determined by the Director of Finance in accordance with the following:
(1) The total amount of the property tax reductions for counties and cities and counties determined pursuant to this section shall be one billion nine hundred ninety-eight million dollars ($1,998,000,000) in the 1993–94 fiscal year.
(2) The Director of Finance shall determine the amount of the reduction for each county or city and county as follows:
(A) The proportionate share of the property tax revenue reduction for each county or city and county that would have been imposed on all counties under the proposal specified in the “May Revision of the 1993–94 Governor’s Budget” shall be determined by reference to the document entitled “Estimated County Property Tax Transfers Under Governor’s May Revision Proposal,” published by the Legislative Analyst’s Office on June 1, 1993.
(B) Each county’s or city and county’s proportionate share of total taxable sales in all counties in the 1991–92 fiscal year shall be determined.
(C) An amount for each county and city and county shall be determined by applying its proportionate share determined pursuant to subparagraph (A) to the one billion nine hundred ninety-eight million dollar ($1,998,000,000) statewide reduction for counties and cities and counties.
(D) An amount for each county and city and county shall be determined by applying its proportionate share determined pursuant to subparagraph (B) to the one billion nine hundred ninety-eight million dollar ($1,998,000,000) statewide reduction for counties and cities and counties.
(E) The Director of Finance shall add the amounts determined pursuant to subparagraphs (C) and (D) for each county and city and county, and divide the resulting figure by two. The amount so determined for each county and city and county shall be divided by a factor of 1.038. The resulting figure shall be the amount of property tax revenue to be subtracted from the amount of property tax revenue deemed allocated in the prior fiscal year.
(3) The Director of Finance shall, by July 15, 1993, report to the Joint Legislative Budget Committee its determination of the amounts determined pursuant to paragraph (2).
(4) On or before August 15, 1993, the Director of Finance shall notify the auditor of each county and city and county of the amount of property tax revenue reduction determined for each county and city and county.
(5) Notwithstanding any other provision of this subdivision, the amount of the reduction specified in paragraph (2) for any county or city and county that has first implemented, for the 1993–94 fiscal year, the alternative procedure for the distribution of property tax levies authorized by Chapter 3 (commencing with Section 4701) of Part 8 shall be reduced, for the 1993–94 fiscal year only, in the amount of any increased revenue allocated to each qualifying school entity that would not have been allocated for the 1993–94 fiscal year but for the implementation of that alternative procedure. For purposes of this paragraph, “qualifying school entity” means any school district, county office of education, or community college district that is not an excess tax school entity, entity  as defined in Section 95, and a county’s Educational Revenue Augmentation Fund, as described in subdivision (d) of this section and subdivision (d) of Section 97.2.  95.1.  Notwithstanding any other provision of this paragraph, the amount of any reduction calculated pursuant to this paragraph for any county or city and county shall not exceed the reduction calculated for that county or city and county pursuant to paragraph (2).
(6) Notwithstanding the provisions of paragraph (5), the amount of the reduction specified in paragraph (2) for a county of the 16th class that has first implemented, for the 1993–94 fiscal year, the alternative procedure for the distribution of property tax levies authorized by Chapter 2 (commencing with Section 4701) of Part 8 shall be reduced, for the 1993–94 fiscal year only, in the amount of any increased revenue distributed to each qualifying school entity that would not have been distributed for the 1993–94 fiscal year, pursuant to the historical accounting method of that county of the 16th class, but for the implementation of that alternative procedure. For purposes of this paragraph, “qualifying school entity” means any school district, county office of education, or community college district that is not an excess tax school entity, as defined in Section 95, and a county’s Educational Revenue Augmentation Fund, as described in subdivision (a) of this section and subdivision (d) of Section 97.2. Notwithstanding any other provision of this paragraph, the amount of any reduction calculated pursuant to this paragraph for any county shall not exceed the reduction calculated for that county pursuant to paragraph (2).
(b) The amount of property tax revenue deemed allocated in the prior fiscal year to each city shall be reduced by an amount to be determined by the Director of Finance in accordance with the following:
(1) The total amount of the property tax reductions determined for cities pursuant to this section shall be two hundred eighty-eight million dollars ($288,000,000) in the 1993–94 fiscal year.
(2) The Director of Finance shall determine the amount of reduction for each city as follows:
(A) The amount of property tax revenue that is estimated to be attributable in the 1993–94 fiscal year to the amount of each city’s state assistance payment received by that city pursuant to Chapter 282 of the Statutes of 1979 shall be determined.
(B) A factor for each city equal to the amount determined pursuant to subparagraph (A) for that city, divided by the total of the amounts determined pursuant to subparagraph (A) for all cities, shall be determined.
(C) An amount for each city equal to the factor determined pursuant to subparagraph (B), multiplied by three hundred eighty-two million five hundred thousand dollars ($382,500,000), shall be determined.
(D) In no event shall the amount for any city determined pursuant to subparagraph (C) exceed a per capita amount of nineteen dollars and thirty-one cents ($19.31), as determined in accordance with that city’s population on January 1, 1993, as estimated by the Department of Finance.
(E) The amount determined for each city pursuant to subparagraphs (C) and (D) shall be the amount of property tax revenue to be subtracted from the amount of property tax revenue deemed allocated in the prior year.
(3) The Director of Finance shall, by July 15, 1993, report to the Joint Legislative Budget Committee those amounts determined pursuant to paragraph (2).
(4) On or before August 15, 1993, the Director of Finance shall notify each county auditor of the amount of property tax revenue reduction determined for each city located within that county.
(c) (1) The amount of property tax revenue deemed allocated in the prior fiscal year to each special district, as defined pursuant to subdivision (m) of Section 95, shall be reduced by the amount determined for the district pursuant to paragraph (3) and increased by the amount determined for the district pursuant to paragraph (4). The total net amount of these changes is intended to equal two hundred forty-four million dollars ($244,000,000) in the 1993–94 fiscal year.
(2) (A) Notwithstanding any other provision of this subdivision, no reduction shall be made pursuant to this subdivision with respect to any of the following special districts:
(i) A local hospital district, district  as described in Division 23 (commencing with Section 32000) of the Health and Safety Code.
(ii) A water agency that does not sell water at retail, but not including an agency the primary function of which, as determined on the basis of total revenues, is flood control.
(iii) A transit district.
(iv) A police protection district formed pursuant to Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code.
(v) A special district that was a multicounty special district as of July 1, 1979.
(B) Notwithstanding any other provision of this subdivision, the first one hundred four thousand dollars ($104,000) of the amount of any reduction that otherwise would be made under this subdivision with respect to a qualifying community services district shall be excluded. For purposes of this subparagraph, a “qualifying community services district” means a community services district that meets all of the following requirements:
(i) Was formed pursuant to Division 3 (commencing with Section 61000) of Title 6 of the Government Code.
(ii) Succeeded to the duties and properties of a police protection district upon the dissolution of that district.
(iii) Currently provides police protection services to substantially the same territory as did that district.
(iv) Is located within a county in which the board of supervisors has requested the Department of Finance that this subparagraph be operative in the county.
(3) (A) On or before September 15, 1993, the county auditor shall determine an amount for each special district equal to the amount of its allocation determined pursuant to Section 96 or 96.1, and Section 96.5 or their predecessor sections for the 1993–94 fiscal year multiplied by the ratio determined pursuant to paragraph (1) of subdivision (a) of former Section 98.6, 98.6  as that section read on June 15, 1993. In those counties that were subject to former Sections 98.66, 98.67, and 98.68, as those sections read on that same date, the county auditor shall determine an amount for each special district that represents the current amount of its allocation determined pursuant to Section 96 or 96.1, and Section 96.5 or their predecessor sections for the 1993–94 fiscal year that is attributed to the property tax shift from schools required by Chapter 282 of the Statutes of 1979. In that county subject to Section 100.4, the county auditor shall determine an amount for each special district that represents the current amount of its allocations determined pursuant to Section 96, 96.1, 96.5, or 100.4 or their predecessor sections for the 1993–94 fiscal year that is attributable to the property tax shift from schools required by Chapter 282 of the Statutes of 1979. In determining these amounts, the county auditor shall adjust for the influence of increased assessed valuation within each district, including the effect of jurisdictional changes, and the reductions in property tax allocations required in the 1992–93 fiscal year by Chapters 699 and 1369 of the Statutes of 1992. In the case of a special district that has been consolidated or reorganized, the auditor shall determine the amount of its current property tax allocation that is attributable to the prior district’s or districts’ receipt of state assistance payments pursuant to Chapter 282 of the Statutes of 1979. Notwithstanding any other provision of this paragraph, for a special district that is governed by a city council or whose governing board has the same membership as a city council and that is a subsidiary district, district  as defined in subdivision (e) of Section 16271 of the Government Code, the county auditor shall multiply the amount that otherwise would be calculated pursuant to this paragraph by 0.38 and the result shall be used in the calculations required by paragraph (5). In no event shall the amount determined by this paragraph be less than zero.
(B) Notwithstanding subparagraph (A), commencing with the 1994–95 fiscal year, in the County of Sacramento, the auditor shall determine the amount for each special district that represents the current amount of its allocations determined pursuant to Section 96, 96.1, 96.5, or 100.6 for the 1994–95 fiscal year that is attributed to the property tax shift from schools required by Chapter 282 of the Statutes of 1979.
(4) (A) (i) On or before September 15, 1993, the county auditor shall determine an amount for each special district that is engaged in fire protection activities, as reported to the Controller for inclusion in the 1989–90 edition Edition  of the Financial Transactions Report Concerning Special Districts under the heading of “Fire Protection,” that is equal to the amount of revenue allocated to that special district from the Special District Augmentation Fund for fire protection activities in the 1992–93 fiscal year. For purposes of the preceding sentence for counties of the second class, the phrase “amount of revenue allocated to that special district” means an amount of revenue that was identified for transfer to that special district, rather than the amount of revenue that was actually received by that special district pursuant to that transfer.
(ii) In the case of a special district, other than a special district governed by the county board of supervisors or whose governing body is the same as the county board of supervisors, that is engaged in fire protection activities as reported to the Controller, the county auditor shall also determine the amount by which the district’s amount determined pursuant to paragraph (3) exceeds the amount by which its allocation was reduced by operation of former Section 98.6 in the 1992–93 fiscal year. This amount shall be added to the amount otherwise determined for the district under this paragraph. In any county subject to former Section 98.65, 98.66, 98.67, or 98.68 in that same fiscal year, the county auditor shall determine for each special district that is engaged in fire protection activities an amount that is equal to the amount determined for that district pursuant to paragraph (3).
(B) For purposes of this paragraph, a special district includes any special district that is allocated property tax revenue pursuant to this chapter and does not appear in the State Controller’s Report on Financial Transactions Concerning Special Districts, but is engaged in fire protection activities and appears in the State Controller’s Report on Financial Transactions Concerning Counties.
(5) The total amount of property taxes allocated to special districts by the county auditor as a result of paragraph (4) shall be subtracted from the amount of property tax revenues not allocated to special districts by the county auditor as a result of paragraph (3) to determine the amount to be deposited in the Education Revenue Augmentation Fund as specified in subdivision (d).
(6) On or before September 30, 1993, the county auditor shall notify the Director of Finance of the net amount determined for special districts pursuant to paragraph (5).
(d) (1) The amount of property tax revenues not allocated to the county, city and county, cities within the county, and special districts as a result of the reductions required by subdivisions (a), (b), and (c) shall instead be deposited in the Educational Revenue Augmentation Fund established in each county or city and county pursuant to Section 97.2. The amount of revenue in the Educational Revenue Augmentation Fund, derived from whatever source, shall be allocated pursuant to paragraphs (2) and (3) to school districts and county offices of education, in total, and to community college districts, in total, in the same proportion that property tax revenues were distributed to school districts and county offices of education, in total, and community college districts, in total, during the 1992–93 fiscal year.
(2) The county auditor shall, based on information provided by the county superintendent of schools pursuant to this paragraph, allocate that proportion of the revenue in the Educational Revenue Augmentation Fund to be allocated to school districts and county offices of education only to those school districts and county offices of education within the county that are not excess tax school entities, as defined in subdivision (n) of Section 95. The county superintendent of schools shall determine the amount to be allocated to each school district in inverse proportion to the amounts of property tax revenue per average daily attendance in each school district. For each county office of education, the allocation shall be made based on the historical split of base property tax revenue between the county office of education and school districts within the county. In no event shall any additional money be allocated from the Educational Revenue Augmentation Fund to a school district or county office of education upon that district or county office of education becoming an excess tax school entity. If, after determining the amount to be allocated to each school district and county office of education, the county superintendent of schools determines there are still additional funds to be allocated, the county superintendent of schools shall determine the remainder to be allocated in inverse proportion to the amounts of property tax revenue, excluding Educational Revenue Augmentation Fund moneys, per average daily attendance in each remaining school district, and on the basis of the historical split described above for each county office of education education,  that is not an excess tax school entity, entity  until all funds that would not result in a school district or county office of education becoming an excess tax school entity are allocated. The county superintendent of schools may determine the amounts to be allocated between each school district and county office of education to ensure that all funds that would not result in a school district or county office of education becoming an excess tax school entity are allocated.
(3) The county auditor shall, based on information provided by the Chancellor of the California Community Colleges pursuant to this paragraph, allocate that proportion of the revenue in the Educational Revenue Augmentation Fund to be allocated to community college districts only to those community college districts within the county that are not excess tax school entities, as defined in subdivision (n) of Section 95. The chancellor shall determine the amount to be allocated to each community college district in inverse proportion to the amounts of property tax revenue per funded full-time equivalent student in each community college district. In no event shall any additional money be allocated from the Educational Revenue Augmentation Fund to a community college district upon that district becoming an excess tax school entity.
(4) (A) If, after making the allocation required pursuant to paragraph (2), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate those excess funds pursuant to paragraph (3). If, after making the allocation pursuant to paragraph (3), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate those excess funds pursuant to paragraph (2). If, after determining the amount to be allocated to each community college district, the Chancellor of the California Community Colleges determines that there are still additional funds to be allocated, the Chancellor of the California Community Colleges shall determine the remainder to be allocated to each community college district in inverse proportion to the amounts of property tax revenue, excluding Educational Revenue Augmentation Fund moneys, per funded full-time equivalent student in each remaining community college district that is not an excess tax school entity until all funds that would not result in a community college district becoming an excess tax school entity are allocated.
(B) (i) (I)  For the 1995–96 fiscal year and each fiscal year thereafter,  thereafter except the 1999–2000 fiscal year,  if, after making the allocations pursuant to paragraphs (2) and (3) and subparagraph (A), the auditor determines that there are still additional funds to be allocated, the auditor shall, subject to clauses (ii) and (iii), allocate those excess funds to the county superintendent of schools. Funds allocated pursuant to this subclause subparagraph  shall be counted as property tax revenues for special education programs in augmentation of the amount calculated pursuant to Section 2572 of the Education Code, to the extent that those property tax revenues offset state aid for county offices of education and school districts within the county pursuant to Section 56836.15 subdivision (c) of Section 56836.08  of the Education Code.
(II) For the 2007–08 fiscal year and for each fiscal year thereafter, both of the following apply:
(ia) In allocating the revenues described in subclause (I), the auditor shall apportion funds to the appropriate special education local plan area to cover the amount determined in Section 56836.173 of the Education Code.
(ib) Except as otherwise provided by sub-subclause (ia), property tax revenues described in subclause (I) shall not be apportioned to special education programs funded pursuant to Section 56836.173 of the Education Code.
(III) If, for the 2000–01 fiscal year or any fiscal year thereafter, any additional revenues remain after the implementation of subclauses (I) and (II), the auditor shall allocate those remaining revenues among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year.
(IV) A county Educational Revenue Augmentation Fund shall not be required to provide funding for special education programs funded pursuant to Section 56836.173 of the Education Code or any predecessor to that section for a fiscal year before the 2007–08 fiscal year that it has not already provided for these programs before the beginning of the 2007–08 fiscal year.
(ii) For the 1995–96 fiscal year only, clause (i) shall not apply  this subparagraph shall have no application  to the County of Mono and the amount allocated pursuant to clause (i) this subparagraph  in the County of Marin shall not exceed five million dollars ($5,000,000).
(iii) For the 1996–97 fiscal year only, the total amount of funds allocated by the auditor pursuant to clause (i) and clause (i) of  this subparagraph and  subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 shall not exceed that portion of two million five hundred thousand dollars ($2,500,000) that corresponds to the county’s proportionate share of all moneys allocated pursuant to clause (i) and clause (i) of  this subparagraph and  subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 for the 1995–96 fiscal year. Upon the request of the auditor, the Department of Finance shall provide to the auditor all information in the department’s possession that is necessary for the auditor to comply with this clause.
(iv) Notwithstanding clause (i) of this subparagraph, for  For  the 1999–2000 fiscal year only,  year,  if, after making the allocations pursuant to paragraphs (2) and (3) and subparagraph (A), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate the funds to the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year. The amount allocated pursuant to this clause shall not exceed eight million two hundred thirty-nine thousand dollars ($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00 of This clause shall be operative for the 1999–2000 fiscal year only to the extent that moneys are appropriated for purposes of this clause in  the Budget Act of 1999 (Chapter 50, Statutes of 1999). by an appropriation that specifically references this clause. 
(C) For purposes of allocating the Educational Revenue Augmentation Fund for the 1996–97 fiscal year, the auditor shall, after making the allocations for special education programs, if any, required by subparagraph (B), allocate all remaining funds among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise required to be shifted from those local agencies to the county’s Educational Revenue Augmentation Fund for the relevant fiscal year. For purposes of ad valorem property tax revenue allocations for the 1997–98 fiscal year and each fiscal year thereafter, no amount of ad valorem property tax revenue allocated to the county, a city, or a special district pursuant to this subparagraph shall be deemed to be an amount of ad valorem property tax revenue allocated to that local agency in the prior fiscal year.
(5) For purposes of allocations made pursuant to Section 96.1 for the 1994–95 fiscal year, the amounts allocated from the Educational Revenue Augmentation Fund pursuant to this subdivision, other than those amounts deposited in the Educational Revenue Augmentation Fund pursuant to any provision of the Health and Safety Code, shall be deemed property tax revenue allocated to the Educational Revenue Augmentation Fund in the prior fiscal year.

SEC. 59.

 Section 1120.2 of the Welfare and Institutions Code is amended to read:

1120.2.
 (a) There is in the Department of the Youth Authority a correctional education authority for the purpose of carrying out the education and training of wards committed to the youth authority.
(b) The course of study for wards attending any of grades 7 to 12, inclusive, shall include those courses specified in Article 3 (commencing with Section 51220) of Chapter 2 of Part 28 of the Education Code. The course of study shall meet the model curriculum standards adopted by the Superintendent of Public Instruction pursuant to Section 51226 of the Education Code.
(c) (1) The correctional education authority shall adopt standards of proficiency in basic skills for wards attending a course of study for any of grades 7 to 12, inclusive.
(2) Differential standards and assessment procedures may be adopted for wards for whom an individualized education program has been developed and for whom the regular instructional program has been modified or for wards who have been diagnosed with a learning handicap or disability.
(d) The correctional education authority may issue diplomas of graduation from high school to wards who have completed the required course of study and meet the standards of proficiency in basic skills adopted by the correctional education authority. The authority may also administer to wards the general educational development tests that have been approved by the State Board of Education.
(e) For purposes of receiving federal funds, the correctional education authority shall be deemed a local educational agency.
(f) For purposes of receiving state funds pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution in accordance with the definitions set forth in Section 41202 of the Education Code, the correctional education authority shall be deemed a state agency and shall only be entitled to state funding for direct instructional services provided to wards attending a course of study. The correctional education authority may not receive state funds unless the funds are specifically appropriated to the Department of the Youth Authority for direct instructional services, and may not receive additional funds from the State Department of Education under any other program.

SEC. 60.

 Section 2 of Chapter 948 of the Statutes of 1998 is amended to read:

SEC. Sec.  2.
 The sum of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Library of California Board for the purpose of funding the startup phase of the Library of California as set forth in Chapter 4.5 (commencing with Section 18800) of Part 11 of the Education Code for expenditure in the 1998-99 fiscal year 1998–99 and 1999–2000 fiscal years  to pay the costs of all of the following:
(a) Telecommunications infrastructure to support up to 1,000 libraries, including, but not limited to, the costs of linking systems and installing regional servers.
(b) Statewide information data base licenses.
(c) Reimbursement for interlibrary loans and direct loans pursuant to subdivisions (a) and (c) of Section 18844 of the Education Code.
(d) Regional library network development.
(e) Support for statewide coordination.

SEC. 61.

 Section 56 of Chapter 330 of the Statutes of 1998 is amended to read:

SEC. Sec.  56.
 Notwithstanding any other provision of law, for the purposes of Sections 14002, 14004, and 41301 of the Education Code for the 1999–2000 fiscal year, the Superintendent of Public Instruction shall certify to the Controller amounts that do not exceed the amounts needed to fund the revenue limits of school districts, as determined pursuant to Section 42238 of the Education Code, and the revenue limits of county superintendents of schools as determined pursuant to Section 2558 of the Education Code as adjusted by the deficit factors applicable to the 1999–2000 fiscal year. year, and the revenue limit portion of charter school operational funding as determined pursuant to Section 47633 of the Education Code. 
SEC. 62.
 Notwithstanding any other provision of law, for the purposes of Sections 14002, 14004, and 41301 of the Education Code for the 2000–01 fiscal year, the Superintendent of Public Instruction shall certify to the Controller amounts that do not exceed the amounts needed to fund the revenue limits of school districts, as determined pursuant to Section 42238 of the Education Code, and the revenue limits of county superintendents of schools as determined pursuant to Section 2558 of the Education Code as adjusted by the deficit factors applicable to the 2000–01 fiscal year, and the revenue limit portion of charter school operational funding as determined pursuant to Section 47633 of the Education Code.
SEC. 63.
 Notwithstanding Section 42238.1 of the Education Code or any other provision of law, the cost-of-living adjustment for Items 6110-104-0001, 6110-105-0001, 6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-185-0001, 6110-186-0001, 6110-190-0001, 6110-196-0001, 6110-234-0001, and 6110-235-0001 of Section 2.00, and those items identified in subdivision (b) of Section 12.40 of the Budget Act of 1999 and the amount appropriated for the purposes of Section 42243.7 of the Education Code for the 1999–2000 fiscal year shall be 1.41 percent. All funds appropriated in the items identified in this section are in lieu of the amounts that would otherwise be appropriated pursuant to any other provision of law.
SEC. 64.
 The sum of one million dollars ($1,000,000) in the General Fund that was appropriated by Chapter 805 of the Statutes of 1998, in augmentation of schedule (e) of Item 6110-001-0001 of Section 2.00 of Chapter 324 of the Statutes of 1998, is hereby reappropriated to the University of California to support the administrative planning and startup costs of the California State Summer School for Mathematics and Science established pursuant to Chapter 3.8 (commencing with Section 8660) of Part 6 of the Education Code.
SEC. 65.
 The sum of fifteen million four hundred seventy-one thousand dollars ($15,471,000) is hereby reappropriated from the Proposition 98 Reversion Account to the Superintendent of Public Instruction, in accordance with the following schedule:
(a) Forty thousand dollars ($40,000) for allocation on a one-time basis to the Alpine Union School District to work in collaboration with the Alpine Community Center to support the Each One Teach One program.
(b) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Julian Union School District to provide startup funds for nutrition programs for kindergarten to grade 12, inclusive, school districts in San Diego County.
(c) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Grossmont Union High School District for construction of a swimming pool at Steele Canyon High School.
(d) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the San Diego County Office of Education to provide assistance for schools to secure health insurance for uninsured, low-income pupils.
(e) Twenty-seven thousand five hundred dollars ($27,500) for allocation on a one-time basis to the Alta-Dutch Flat Union School District to provide afternoon school busing service.
(f) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Los Gatos Union School District to support the expansion of science programs through the Youth Science Institute in the City of Los Gatos.
(g) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Oak Park Unified School District for the purchase of computer equipment and materials for the library at Oak Park High School.
(h) One hundred seventy-five thousand dollars ($175,000) for allocation on a one-time basis to the Anaheim City School District for an after school learning, safe neighborhoods program.
(i) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to Rio Elementary School District for construction of a gymnasium at Rio Del Valle Junior High School.
(j) Thirty thousand dollars ($30,000) for allocation on a one-time basis to the Lafayette School District in Contra Costa County for the purchase of age-appropriate school playground equipment.
(k) Six thousand dollars ($6,000) for allocation on a one-time basis to the San Juan Unified School District for the purchase of a computer, printer, and appropriate software for the Cottage Elementary School library.
(l) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Saddleback Valley Unified School District for construction of a gymnasium at Laguna Hills High School.
(m) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Woodlake Union High School District for construction of a swimming pool.
(n) One hundred ten thousand dollars ($110,000) for allocation on a one-time basis to the Sacramento City Unified School District to support the Sacramento START after school program.
(o) Thirty thousand dollars ($30,000) for allocation on a one-time basis to the Galt Joint Union Elementary School District to support an educational program using STAR test results to improve teaching.
(p) Ten thousand dollars ($10,000) for allocation on a one-time basis to the Oak View Unified School District to repair school blacktop area.
(q) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Palmdale Elementary School District to support a joint-use library with the City of Palmdale.
(r) Thirty thousand dollars ($30,000) for allocation on a one-time basis to the ABC School District for an after school project at Hawaiian Gardens Elementary School.
(s) Fifty thousand dollars ($50,000) for allocation on a one-time basis to the ABC School District for construction of a joint-use recreational facility at Hawaiian Gardens Elementary School.
(t) Fifty-seven thousand dollars ($57,000) for allocation on a one-time basis to the Central Union School District to provide a covered outdoor structure for the Stratford School.
(u) Eighty-five thousand dollars ($85,000) for allocation on a one-time basis to the Sunol Glen Unified School District for a septic system.
(v) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Long Beach Unified School District for construction of a swimming facility in the City of Avalon on Catalina Island.
(w) One hundred twenty thousand dollars ($120,000) for allocation on a one-time basis to the Anaheim Unified School District for construction of a lunch shelter at Henry Elementary School.
(x) One hundred twenty thousand dollars ($120,000) for allocation on a one-time basis to the Anaheim Unified School District for construction of a lunch shelter at Lincoln Elementary School.
(y) Six hundred thousand dollars ($600,000) for allocation on a one-time basis to Lawndale Elementary School District to renovate the William Green Park, school park, and playground.
(z) Seven hundred thousand dollars ($700,000) for allocation on a one-time basis to the County Office Fiscal Crisis and Management Assistance Team (FCMAT) for distribution to the Compton Unified School District for the purposes of assisting with the implementation of the school district’s recovery plan.
(aa) One million five hundred thousand dollars ($1,500,000) for allocation on a one-time basis to school districts and county offices of education that operate programs to subsidize the costs for low-income children to participate in residential outdoor science programs, pursuant to legislation enacted in the 1999–2000 Regular Session that becomes operative on or before January 1, 2000.
(bb) Two million dollars ($2,000,000) for allocation on a one-time basis to provide matching grants to school districts for the purpose of improving or replacing schoolsite playground equipment to meet state-mandated playground safety standards, pursuant to legislation enacted in the 1999–2000 Regular Session that becomes operative on or before January 1, 2000.
(cc) Two hundred thirty-two thousand dollars ($232,000) for allocation on a one-time basis to the Bilingual Foundation of the Arts to develop arts-based literacy skills in schoolage children.
(dd) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Los Angeles Unified School District to renovate the San Fernando High School Teen Health Clinic.
(ee) Two million dollars ($2,000,000) for allocation on a one-time basis to the Grossmont Union High School District for the Valhalla High School Library.
(ff) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Los Angeles Unified School District for the Los Angeles High School for the Arts and the California Academy of Math and Science.
(gg) Twenty-five thousand dollars ($25,000) for allocation on a one-time basis to the Fairfield-Suisun Unified School District on a one-time basis for the Youth Diversion Program at Crystal Middle School.
(hh) Sixteen thousand nine hundred dollars ($16,900) for allocation on a one-time basis to the North Cow Creek School District to provide funding that was reduced by an audit exception in the kindergarten to grade 3, inclusive, class size reduction program.
(ii) Seven hundred fifty thousand dollars ($750,000) for allocation on a one-time basis to the San Luis Coastal Unified School District for construction of a swimming pool at San Luis Obispo High School.
(jj) One hundred twenty thousand dollars ($120,000) for allocation on a one-time basis to the Golden Valley Unified School District for home-to-school transportation.
(kk) One million dollars ($1,000,000) for allocation on a one-time basis equally among the following school districts for the Home Instruction for Preschool Youngsters program:
(1) Long Beach Unified School District.
(2) Moreno Valley Unified School District.
(3) San Diego Unified School District.
(4) West Contra Costa Unified School District.
(ll) One hundred fifty thousand dollars ($150,000) for allocation on a one-time basis to the Baldwin Park Unified School District for science laboratory equipment.
(mm) Two hundred eighty-eight thousand dollars ($288,000) for allocation on a one-time basis to the Oxnard Unified School District for the Parent University Project.
(nn) One hundred eighty-two thousand five hundred dollars ($182,500) for allocation in the specified amounts on a one-time basis to the following districts for snow removal:
(1) Eighty thousand dollars ($80,000) to the Tahoe-Truckee Unified School District.
(2) Four thousand five hundred dollars ($4,500) to the Alpine County Unified School District.
(3) Two thousand dollars ($2,000) to the Vallecito Union Elementary School District.
(4) Five thousand dollars ($5,000) to the Susanville School District.
(5) Forty thousand dollars ($40,000) to the Mammoth Unified School District.
(6) One thousand dollars ($1,000) to the Sierra-Plumas Joint Unified School District.
(7) Fifty thousand dollars ($50,000) to the Lake Tahoe Unified School District.
(oo) One hundred thirty-nine thousand dollars ($139,000) for allocation on a one-time basis to the Sacramento City Unified School District for the Center for Educational Excellence.
(pp) Seven hundred fifty thousand dollars ($750,000) for allocation on a one-time basis to the County Office Fiscal Crisis and Management Assistance Team (FCMAT) for an audit of the Oakland Unified School District.
(qq) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Capistrano Unified School District for a planning grant to develop a teacher training and development facility.
(rr) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Mount Diablo Unified School District for a multipurpose facility for the Diablo View Parent Club.
(ss) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Los Angeles Unified School District for the San Fernando Middle School Auditorium.
(tt) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Sweetwater Union High School District for a joint-use library project between the Sweetwater Union High School District and the South Bay Union Elementary School District.
(uu) Two hundred seventy-six thousand six hundred dollars ($276,600) for allocation on a one-time basis to the Sanger Unified School District for a swimming pool.
SEC. 66.
 The sum of nine hundred seventy-three thousand four hundred dollars ($973,400) is hereby appropriated from the General Fund to the Superintendent of Public Instruction in accordance with the following schedule:
(a) (1) Four hundred seventy-three thousand four hundred dollars ($473,400) for allocation on a one-time basis to the Sanger Unified School District for a swimming pool.
(2) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1998–99 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 III B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
(b) (1) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Sacramento County Office of Education for a State Resource Center for the California Reading Initiative.
(2) For the purposes of making computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1998–99 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
SEC. 67.
 (a) The sum of one hundred thirty-four million dollars ($134,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation on a one-time basis to school districts and charter schools. Of this amount, the Superintendent of Public Instruction shall allocate forty million two hundred thousand dollars ($40,200,000) to school districts and charter schools on the basis of prior year enrollment for kindergarten and grades 1 to 8, inclusive, and ninety-three million eight hundred thousand dollars ($93,800,000) to school districts and charter schools on the basis of prior year enrollment for grades 9 through 12, inclusive.
(b) These funds may be used by school districts and charter schools, for any of the following purposes, to assist them in implementing the new statewide accountability system:
(1) Instructional materials, including sheltered English materials and types of materials specifically designed for English learners.
(2) Staff Development Buyout Program.
(3) Other staff development activities.
(c) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1998–99 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
SEC. 68.
 The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to the five Challenger Learner Centers. Each center shall be allocated an equal amount.
SEC. 69.
 (a) The unencumbered balances as of June 30, 1999, from subdivision (k) of Section 41, in the 1997 Omnibus Education Trailer Bill, Chapter 299 of the Statutes of 1997 is hereby reappropriated to the Controller for the reimbursement of state-mandated local cost claims submitted by local education agencies and community college districts for fiscal years 1994–95 to 1999–2000, inclusive.
(b) Prior to the use of funds appropriated in subdivision (a), the Controller shall ensure that audits of the claims are complete.
SEC. 70.
 The sum of three million three hundred twenty thousand dollars ($3,320,000) is hereby reappropriated from the Proposition 98 Reversion Account to the Chancellor of the California Community Colleges, in accordance with the following schedule:
(a) Seven hundred ninety thousand dollars ($790,000) for allocation on a one-time basis to the College of the Sequoias. Of this amount, forty thousand dollars ($40,000) is for the following purposes:
(1) Twenty thousand dollars ($20,000) to implement a staff fingerprinting system.
(2) Twenty thousand dollars ($20,000) to purchase land and to begin infrastructure for the Dairy Center at Tulare Union High School.
(b) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to Valley College in the Los Angeles Community College District for a media arts center.
(c) Three hundred thousand dollars ($300,000) for allocation on a one-time basis to community college districts for voter registration pursuant to legislation enacted in the 1999–2000 Regular Session that becomes operative on or before January 1, 2000.
(d) One million five hundred thousand dollars ($1,500,000) to the Desert Community College District for transition costs to a one-time basis for transition cost, to be allocated as follows:
(1) One million dollars ($1,000,000) to the College of the Desert.
(2) Five hundred thousand dollars ($500,000) to Copper Mountain College.
(e) Fifty thousand dollars ($50,000) for allocation on a one-time basis to Mission College for a baseball field.
(f) One hundred eighty thousand dollars ($180,000) for allocation on a one-time basis to Merced College for video conferencing technology.
SEC. 71.
 (a) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Controller to transfer to Section B of the State School Fund for the purpose of providing one-time grants to community college districts for the 1999–2000 fiscal year.
(b) The funds appropriated by subdivision (a) shall be allocated by the Chancellor of the California Community Colleges to community college districts for the purpose of one-time expenditures on high priority projects for instructional equipment, library materials replacement, technology infrastructure, scheduled maintenance, and special repairs. These funds shall be allocated in an average amount per actual statewide full-time equivalent student enrollment reported for the 1998–99 fiscal year.
(c) For the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code for the 1998–99 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
SEC. 72.
 (a) The sum of two million dollars ($2,000,000) is hereby appropriated to the Department of Education for transfer to Section A of the State School Fund for allocation by the Controller, for reimbursement of Sacramento City Unified School District’s 1998–99 voluntary desegregation audited claim. From this amount, the Sacramento City Unified School District shall be reimbursed up to the amount allowed under current law, not to exceed two million dollars ($2,000,000).
(b) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1998–99 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
SEC. 73.
 (a) The sum of one million one hundred thirty-two thousand seven hundred fifty-nine dollars ($1,132,759) is hereby appropriated from the General Fund to the State Controller, for reimbursement of approved claims received from the following school districts for the 1994–95 costs of court-ordered desegregation programs pursuant to Section 42247 of the Education Code, in accordance with the following schedule:
Court-ordered Desegregation
School Districts
Reimbursement
Claims
for the 1994-95
fiscal year
_____
Bakersfield City School District
$41,444 
Los Angeles Unified School District
502,947 
Menlo Park City School District
1,164 
Palo Alto Unified School District
19,676   
Ravenswood City School District
835 
Redwood City School District
1,207 
San Bernardino Unified School District
69,281 
San Diego Unified School District
0 
San Francisco Unified School District
216,357 
San Jose Unified School District
130,302 
San Mateo County Office of Education
327 
Santa Clara County Superintendent of Schools
414 
Sequoia Union High School District
9,880 
Stockton Unified School District
138,925 
   
GRAND TOTAL
$1,132,759 
(b) The sum of three million seven hundred forty-five thousand six hundred fifty-seven dollars ($3,745,657) is hereby appropriated from the General Fund to the State Controller, for reimbursement of approved claims received from the following school districts for the 1995–96 costs of court-ordered desegregation programs pursuant to Section 42247 of the Education Code, in accordance with the following schedule:
Court-ordered Desegregation
School Districts
Reimbursement
Claims
for the 1995-96
fiscal year
_____
Bakersfield City School District
$41,399 
Los Angeles Unified School District
2,141,010 
Menlo Park City School District
1,111 
Palo Alto Unified School District
21,103   
Ravenswood City School District
1,010 
Redwood City School District
1,313 
San Bernardino Unified School District
100,669 
San Diego Unified School District
187,909 
San Francisco Unified School District
1,067,577 
San Jose Unified School District
6,361 
San Mateo County Office of Education
1,212 
Santa Clara County Superintendent of Schools
404 
Sequoia Union High School District
12,621 
Stockton Unified School District
161,959 
   
GRAND TOTAL
$3,745,657 
(c) The sum of five hundred eighty-two thousand eight dollars ($582,008) is hereby appropriated from the General Fund to the State Controller, for reimbursement of approved claims received from the following school districts for the 1994–95 costs of voluntary desegregation programs pursuant to Sections 42247 and 42249 of the Education Code, in accordance with the following schedule:
Voluntary Desegregation
School Districts
Reimbursement Claims
for the 1994-95
fiscal year 
ABC Unified School District
 $2,813 
Bakersfield City School District
11,112 
Banning Unified School District
374 
Berkeley Unified School District
0 
Brawley Elementary School District
1,199 
Chula Vista Elementary School District
1,821 
Claremont Unified School District
1,835 
Eastside Union High School District
1,315 
El Centro Elementary School District
5,113 
Fresno Unified School District
94,068 
Fullerton Elementary School District
1,108 
Gilroy Unified School District
11,539 
Hanford School District
281 
Long Beach Unified School District
0 
Los Angeles Unified School District
273,971 
Merced City School District
1,672 
Monrovia Unified School District
664 
Monterey Peninsula Unified School District
2,253 
Mountain View-Los Altos Union School District
21 
North Monterey County Unified School District
0 
Oakland Unified School District
5,375 
Oxnard Elementary School District
8,001 
Pasadena Unified School District
2,962 
Redwood City Elementary School District
3,042 
Riverside Unified School District
5,171 
Sacramento City Unified School District
956 
San Bernardino City Unified School District
34,621 
San Diego City Unified School District
42,270 
San Jose Unified School District
20,403 
San Mateo-Foster City School District
4,471 
San Mateo Union High School District
1,056 
Santa Barbara Elementary School District
359 
Santa Monica-Malibu School District
7,309 
Santa Paula Elementary School District
2,345 
Sequoia Union High School District
1,590 
Solana Beach Elementary School District
683 
Sunnyvale Elementary School District
659 
Sweetwater Union High School District
5,213 
Ventura Unified School District
0 
Vista Unified School District
24,360 
_____
 
GRAND TOTAL
$582,008 
(d) The sum of one million two hundred sixty-three thousand six hundred seventy-seven dollars ($1,263,677) is hereby appropriated from the General Fund to the State Controller, for reimbursement of approved claims received from the following school districts for the 1995–96 costs of voluntary desegregation programs pursuant to Sections 42247 and 42249 of the Education Code, in accordance with the following schedule:
Voluntary Desegregation
School Districts
Reimbursement Claims
for the 1995-96
fiscal year 
ABC Unified School District
 $2,989 
Bakersfield City School District
14,465 
Banning Unified School District
434 
Berkeley Unified School District
26,758 
Brawley Elementary School District
721 
Chula Vista Elementary School District
0 
Claremont Unified School District
3,181 
Eastside Union High School District
0 
El Centro Elementary School District
2,343 
Fresno Unified School District
93,599 
Fullerton Elementary School District
1,665 
Gilroy Unified School District
17,430 
Hanford School District
333 
Long Beach Unified School District
211,506 
Los Angeles Unified School District
559,884 
Merced City School District
2,200 
Monrovia Unified School District
2,377 
Monterey Peninsula Unified School District
1,960 
Mountain View-Los Altos Union School District
15 
North Monterey County Unified School District
4,353 
Oakland Unified School District
41,079 
Oxnard Elementary School District
9,584 
Pasadena Unified School District
12,482 
Redwood City Elementary School District
23,281 
Riverside Unified School District
7,414 
Sacramento City Unified School District
1,634 
San Bernardino City Unified School District
51,361 
San Diego City Unified School District
82,170 
San Jose Unified School District
26,984 
San Mateo-Foster City School District
6,074 
San Mateo Union High School District
1,507 
Santa Barbara Elementary School District
29 
Santa Monica-Malibu School District
10,227 
Santa Paula Elementary School District
7,426 
Sequoia Union High School District
1,857 
Solana Beach Elementary School District
0 
Sunnyvale Elementary School District
931 
Sweetwater Union High School District
0 
Ventura Unified School District
208 
Vista Unified School District
33,214 
_____
 
GRAND TOTAL
$1,263,677 
(e) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this section shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1998–99 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 1998–99 fiscal year.
SEC. 74.
 The sum of two hundred thousand dollars ($200,000) is hereby appropriated from the General Fund to the University of California for violence prevention studies.
SEC. 75.
 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
SEC. 76.
 No reimbursement is required by the amendment to Sections 97.2 and 97.3 of the Revenue and Taxation Code by the act adding this section pursuant to Section 6 of Article XIII B of the California Constitution because these amendments provide for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, within the meaning of Section 17556 of the Government Code.
SEC. 77.
 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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement the Budget Act of 1999 with respect to the public schools and higher education, it is necessary that this act take effect immediately.