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AB-1066 School finance: average daily enrollment.(2013-2014)

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Amended  IN  Assembly  April 09, 2013
Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1066

Introduced by Assembly Member Holden

February 22, 2013

An act to amend Section 48262 of, to amend, repeal, and add Section 42238.5 of, to add Chapter 4 (commencing with Section 46400) to Part 26 of Division 4 of Title 2 of, and to repeal Section 46401 of, the Education Code, relating to school finance.


LEGISLATIVE COUNSEL'S DIGEST


AB 1066, as amended, Holden. School finance: average daily enrollment.
Existing law requires the use of average daily attendance to compute revenue limits and school funding apportionments, as specified.
This bill would state the intent of the Legislature to equitably fund the services provided by each school district, county office of education, and charter school by the enrollment of pupils for which the school district, county office of education, or charter school is required to educate. The bill would replace average daily attendance with average daily enrollment, as defined, and would, commencing with the 2014–15 fiscal year, phase in the replacement of average daily attendance with average daily enrollment over 3 fiscal years, as specified. The bill would, commencing on July 1, 2016, provide that all statutory references to average daily attendance are deemed to refer to average daily enrollment, as defined. By requiring local educational agencies to use average daily enrollment instead of average daily attendance, the bill would impose a state-mandated local program.
Existing law deems a pupil an habitual truant if the pupil has been reported as a truant 3 or more times per school year, except that a pupil may not be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort, as defined, to hold at least one conference with the pupil and a parent or guardian of the pupil, as specified.
This bill would require the average daily enrollment funding of a pupil deemed a habitual truant, as specified, to be allocated for the sole purposes of securing pupil attendance and success in school by the governing board of a school district or county office of education, or the governing body of a charter school.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature to equitably fund the services provided by each school district, county office of education, and charter school by the enrollment of pupils for which whom the school district, county office of education, or charter school is required to educate. In order to accomplish this purpose, it is further the intent of the Legislature to commence a multiyear process to transition from the collection and use of average daily attendance to average daily enrollment.

SEC. 2.

 Section 42238.5 of the Education Code is amended to read:

42238.5.
 (a) For purposes of Section 42238, the fiscal year average daily attendance shall be computed pursuant to paragraph (1) or (2).
(1) The second principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily attendance shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory, or, commencing in the 1993–94 fiscal year and each fiscal year thereafter, for any change in average daily attendance for pupils who are concurrently enrolled in adult programs and classes pursuant to Section 52616.17.
(2) Any school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily attendance for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A).
(A) The units of average daily attendance computed pursuant to paragraph (1).
(B) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280).
(b) For purposes of this article, regular average daily attendance shall be the base revenue limit average daily attendance, excluding summer school average daily attendance.
(c) This section shall become inoperative on July 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 3.

 Section 42238.5 is added to the Education Code, to read:

42238.5.
 (a) From the 2014–15 fiscal year to the 2015–16 fiscal year, inclusive, for purposes of Section 42238, the fiscal year average daily attendance, as determined pursuant to Section 46401, shall be computed pursuant to paragraph (1) or (2).
(1) The second principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily attendance shall be adjusted for any loss or gain of average daily enrollment due to a reorganization or transfer of territory, or, commencing in the 1993–94 fiscal year and each fiscal year thereafter, for any change in average daily attendance for pupils who are concurrently enrolled in adult programs and classes pursuant to Section 52616.17.
(2) A school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily attendance for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A).
(A) The units of average daily attendance computed pursuant to paragraph (1).
(B) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280).
(b) For purposes of this article, regular average daily attendance shall be the base revenue limit average daily attendance, excluding summer school average daily attendance.
(c) This section shall become operative on July 1, 2014, and inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Section 42238.5 is added to the Education Code, to read:

42238.5.
 (a) Commencing with the 2016–17 fiscal year, for purposes of Section 42238, the fiscal year average daily enrollment shall be computed pursuant to paragraph (1) or (2).
(1) The second principal apportionment regular average daily enrollment for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily enrollment shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory, or, for any change in average daily enrollment for pupils who are concurrently enrolled in adult programs and classes pursuant to Section 52616.17.
(2) Any school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily enrollment for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A).
(A) The units of average daily enrollment computed pursuant to paragraph (1).
(B) The units of average daily enrollment resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280).
(b) For purposes of this article, regular average daily enrollment shall be the base revenue limit average daily enrollment, excluding summer school average daily enrollment.
(c) This section shall become operative on July 1, 2016.

SEC. 5.

 Chapter 4 (commencing with Section 46400) is added to Part 26 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER  4. Average Daily Enrollment

46400.
 For purposes of this chapter, “average daily enrollment” means the pupils in enrollment in the regular schooldays of the school district, county office of education, or charter school on the first day of the school year on which the schools were in session, plus all later enrollees, minus all withdrawals since that day.

46401.
 (a) From July 1, 2014, to June 30, 2015, inclusive, a school district, county office of education, or charter school shall compute its fiscal year average daily attendance pursuant to Section 42238.5, as follows:
(1) Two-thirds of the fiscal year average daily attendance shall be computed pursuant to Chapter 3 (commencing with Section 46300).
(2) One-third of the fiscal year average daily attendance shall be computed pursuant to average daily enrollment, as defined in Section 46400.
(b) From July 1, 2015, to June 30, 2016, inclusive, a school district, county office of education, or charter school shall compute its fiscal year average daily attendance pursuant to Section 42238.5, as follows:
(1) One-third of the fiscal year average daily attendance shall be computed pursuant to Chapter 3 (commencing with Section 46300).
(2) Two-thirds of the fiscal year average daily attendance shall be computed pursuant to average daily enrollment, as defined in Section 46400.
(c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.

46401.
 (a) A school district, county office of education, or charter school shall compute its fiscal year average daily enrollment, as defined in Section 46400, for purposes of Section 42238.5.
(b) This section shall become operative on July 1, 2016.

46402.
 Commencing on July 1, 2016, all statutory references to “average daily attendance” are deemed to refer to “average daily enrollment,” as defined in Section 46400.

SEC. 6.

 Section 48262 of the Education Code is amended to read:

48262.
 Any (a) A pupil is deemed an a habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an a habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section 48260 or Section 48261. For purposes of this section, a conscientious effort means attempting to communicate with the parents of the pupil at least once using the most cost-effective method possible, which may include electronic mail or a telephone call.
(b) A pupil deemed a habitual truant under subdivision (a) shall have all of his or her average daily enrollment funding allocated for the sole purposes of securing pupil attendance and success in school by the governing board of a school district or county office of education, or the governing body of a charter school.

SEC. 6.SEC. 7.

 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.