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SB-1308 School finance: necessary small schools.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1308

Introduced by Senator Berryhill

February 21, 2014

An act to amend Section 42283 of the Education Code, relating to school finance.


LEGISLATIVE COUNSEL'S DIGEST


SB 1308, as introduced, Berryhill. School finance: necessary small schools.
Existing law, for specified purposes, provides that a necessary small school is an elementary school with an average daily attendance of less than 97, exclusive of pupils attending the 7th and 8th grades of a junior high school, maintained by a school district to which any of certain conditions apply.
This bill would make nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 42283 of the Education Code is amended to read:

42283.
 (a) For purposes of Sections 42281 and 42282, a “necessary small school” is an elementary school with an average daily attendance of less than 97, exclusive of excluding pupils attending the seventh and eighth grades of a junior high school, maintained by a school district to which any of the following conditions apply:
(1) If as many as five pupils residing in the school district and attending kindergarten and grades 1 to 8, inclusive, exclusive of excluding pupils attending the seventh and eighth grades of a junior high school, in the elementary school with an average daily attendance of less than 97 would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school.
(2) If as many as 15 pupils residing in the school district and attending kindergarten and grades 1 to 8, inclusive, exclusive of excluding pupils attending the seventh and eighth grades of a junior high school, in the elementary school with an average daily attendance of less than 97 would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school.
(3) If topographical or other conditions exist in a school district which that would impose unusual hardships if the number of miles specified in paragraph (1) or (2) were required to be traveled, or if during the fiscal year the roads which that would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the school district may, on or before April 1, request the Superintendent, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent. The Superintendent shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request.
(b) For purposes of this section, “other public elementary school” is a public school, including a charter school, that serves kindergarten or any of grades 1 to 8, inclusive, exclusive of excluding grades 7 and 8 of a junior high school.