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AB-825 Education finance.(1995-1996)

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AB825:v94#DOCUMENT

Assembly Bill No. 825
CHAPTER 308

An act to amend Sections 2557.5, 2558, 2558.45, 41202, 41203.1, 42238, 42238.4, 42238.12, 42238.145, 42241.7, 42243.7, 42247.3, 42249.2, 56728.8, 66171, and 84751 of, to add Article 3.5 (commencing with Section 2560) to Chapter 12 of Part 2 of, to add Sections 14002.7, 54761.2, and 76300 to, and to add Chapter 3.65 (commencing with Section 44776.1) and Chapter 3.66 (commencing with Section 44777.1) to Part 25 of, the Education Code, to amend Sections 96102, 96103, 96109, and 96110 of, to amend and repeal Section 20750.94 of, and to repeal Section 96108 of, the Government Code, and to amend Sections 97.2, 97.3, and 97.38 of, the Revenue and Taxation Code, relating to education finance, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  August 03, 1995. Approved by Governor  August 03, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 825, Willie Brown. Education finance.
(1)  Existing law increases the revenue limits of school districts and county superintendents of schools in an amount sufficient to provide additional revenue equal to a specified expenditure for the costs of complying with provisions pertaining to unemployment insurance. Existing law requires that in certain fiscal years the revenue limits of school districts and county superintendents be reduced by a specified deficit factor.
This bill would provide that the amount of the increase to the revenue limits of school district and county superintendents of schools is not subject to the deficit factor that otherwise applies to the revenue limits of school districts and county superintendents of schools.
(2)  Existing law requires the county superintendent of schools to increase or decrease the revenue limits computed for school districts and county offices of education, as specified, by the amount of the decreased employer contributions to the Public Employees’ Retirement System, and sets forth a method for calculating that increase or decrease for the 1993–94 fiscal year. Existing law requires that the amount of that increase or decrease not be adjusted by the deficit factor described in (1) for the 1995–96 fiscal year.
This bill would require that the amount of the increase or decrease to the revenue limits computed for school districts and county superintendent of schools not be adjusted by the deficit factor described in (1) for the 1995–96 fiscal year or any fiscal year thereafter.
(3)  Existing law requires that the revenue limits for each county superintendent of schools for the 1994–95 and 1995–96 fiscal years be reduced by a deficit factor that is calculated in a specified manner. For the purposes of computing the revenue limits of county superintendents of schools in subsequent fiscal years, those revenue limits are calculated as if the revenue limits for the 1994–95 and 1995–96 fiscal years had not been reduced by that deficit factor.
This bill would change that deficit factor to 12.59% for the 1994–95, 1995–96, and 1996–97 fiscal years. The bill would provide that with respect to the 1995–96 and 1996–97 fiscal years, if a settlement agreement in California Teachers Association v. Gould is effective, the revenue limit for each school district shall be reduced by an 11.70% deficit factor. The bill would also specify that no funds shall be disbursed under these provisions before August 1, 1996. For the purpose of computing the revenue limits of county superintendent of schools in the 1997–98 fiscal year, the computation would be made as if the revenue limit for the 1996–97 fiscal year had not been reduced by the deficit factor.
(4)  Existing law defines various words and phrases for the purposes of Section 8 of Article XVI of the California Constitution (Section 8), including “General Fund revenue which may be appropriated pursuant to Article XIII  B.”
This bill would provide that this phrase includes General Fund revenues that are proceeds of taxes from the state sales tax, including any portion of the proceeds of that state sales tax that is transferred to counties pursuant to legislation enacted during the 1995–96 Regular Session of the Legislature for purposes of realignment of children’s programs.
(5)  Existing law, as set forth in Section 8, requires the state to apply a minimum amount of funding for each fiscal year for the support of school districts, as defined, and community college districts. Existing law directs that the amount of state funding appropriated in each fiscal year to comply with the minimum state school funding obligation set forth in Section 8, be distributed to school districts, as defined, to community college districts, and to state-operated schools in proportion to the enrollment in each of those segments of public education, as specified.
This bill would specify that this provision does not apply to the 1995–96 fiscal year.
(6)  Existing law requires the revenue limit for the 1994–95 and 1995–96 fiscal years determined for each school district to be reduced by a deficit factor that is calculated in a specified manner. For the purposes of calculating the revenue limits of school districts in subsequent fiscal years, those revenue limits are calculated as if the revenue limits for the 1994–95 and 1995–96 fiscal years had not been reduced by that deficit factor.
This bill would instead require that the revenue limit for each school district for the 1994–95, 1995–96, and 1996–97 fiscal years be reduced by an 11.01% deficit factor. The bill would provide that with respect to the 1995–96 and 1996–97 fiscal years, if a settlement agreement in California Teachers Association v. Gould is effective, the revenue limit for each school district shall be reduced by a 10.12% deficit factor. The bill would also specify that no funds shall be disbursed under these provisions before August 1, 1996. For the purposes of computing the revenue limits of school districts in the 1997–98 fiscal year, the computation would be made as if the revenue limit for the 1996–97 fiscal year had not been reduced by that deficit factor.
(7)  Existing law prescribes a method of determining state apportionments to school districts based generally on the computation of district revenue limits less property tax revenues received. District revenue limits are adjusted for various factors, including a prescribed equalization adjustment for certain fiscal years.
This bill would specify that the revenue limits would include an equalization adjustment for the 1995–96 fiscal year, as specified.
(8)  Existing law requires each county superintendent of schools to make specified calculations to determine a revenue limit for each school district in the county. Existing law requires that this calculation contain an equalization adjustment for the 1989–90 fiscal year, and sets forth a minimum equalization adjustment for elementary school districts having an average daily attendance of more than 100.
This bill would provide instead for the computation of an equalization adjustment for each school district, as specified, for the 1995–96 fiscal year that would include as part of that computation an adjustment for the deficit factor.
This provision would only become operative if a settlement agreement in California Teachers Association v. Gould is effective. The bill would also specify that no funds shall be disbursed under these provisions before August 1, 1996.
(9)  Existing law requires the Superintendent of Public Instruction to compute an adjustment to the revenue limit of school districts that operate continuation high schools, as specified.
This bill would require that the amount of the adjustment made to the revenue limits of those school districts not be adjusted by the deficit factor described in (6).
(10)  Existing law sets forth a formula for determining apportionments to special education local plan areas for the purpose of special education that is based, in part, on personnel service units.
This bill would require the State Department of Education, for the 1995–96 fiscal year, to allocate funds to those educational agencies receiving allocations for instructional personal units based on computing 200-day entitlements not to exceed 111% of the current entitlement for each educational agency.
(11)  Existing law requires county superintendents of schools to compute instructional personnel services units for each school district and county office of education operating special education programs and services for the purpose of making apportionments for those programs. As part of the computations, the superintendent must compute a specified amount for each school district and county office of education that operates an extended year program. Existing law provides that special education local plan areas are eligible for state funding of those instructional personnel service units operated and fundable for services to individuals with exceptional needs younger than 3 years of age.
This bill would require that, for the 1995–96 fiscal year, no amount shall be allocated for instructional personnel services unit for services to children with exceptional needs who are younger than 3 years of age generated by the extended year programs.
(12)  Under provisions of law repealed July 1, 1995, the governing board of each community college district was required to charge each student a fee of $13 per unit per semester unit, or quarter unit equivalent. The chancellor of the community college system is required to compute apportionments to community districts in a specified manner.
This bill would reenact this $13 per unit per semester unit, or quarter unit equivalent, fee.
(13)  Existing law, the Donohoe Higher Education Act, required each governing board, as defined, of public institutions of higher education, to charge duplicate degree tuition to a student who has earned a degree equivalent to or higher than the degree awarded by the program in which he or she is enrolled or who has earned a baccalaureate degree or postbaccalaureate degree and is enrolled without a declared degree objective. Existing law provides that no duplicate degree tuition shall be charge to a student who meets any of specified conditions.
This bill would add to the list for which no duplicate degree tuition shall be charged participants in the Executive Fellow Program, the Jesse M. Unruh Assembly Fellowship Program, or the California Senate Associates Program, administered by the Center for California Studies of California State University, Sacramento.
(14)  This bill would provide onetime funding to support regional social tolerance resource centers, in partnership with nonprofit agencies that have demonstrated success in attaining private and governmental support for similar activities on a regional basis. The bill would require the Superintendent of Public Instruction to designate nonprofit agencies to serve as regional social tolerance resource centers, as specified. The bill would provide that, for the 1995–96 fiscal year, the superintendent shall designate one regional social tolerance resource center to receive funding. The bill would appropriate $5,000,000 from the General Fund to the Superintendent of Public Instruction for the purposes of funding social tolerance resource centers. The bill would require those appropriations to be included in the amount appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 of Article XVI of the California Constitution for that fiscal year.
(15)  This bill would provide onetime funding to support Latino heritage resource centers, in partnership with nonprofit agencies that have demonstrated success in attaining private and governmental support for this purpose on a regional basis. The bill would require the Superintendent of Public Instruction to designate nonprofit agencies to serve as Latino heritage resource centers, as specified. The bill would provide that, for the 1995–96 fiscal year, the superintendent shall designate one regional Latino heritage resource center to receive funding. The bill would appropriate $600,000 from the General Fund to the Superintendent of Public Instruction for the purposes of funding Latino heritage resource centers. The bill would require those appropriations to be included in the amount appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 of Article XVI of the California Constitution for that fiscal year.
(16)  Existing law establishes a program to allocate supplemental grants to fund designated programs for school districts that are receiving less than average funding from state categorical education programs, as specified. Existing law provides that any action by a school district to change or maintain the 1993–94 designation of supplemental grant funds would be considered a new designation that would be applicable in that 1994–95 fiscal year and each fiscal year thereafter.
This bill would provide that, notwithstanding any other provision of law, until October 1, 1995, school districts are authorized to change their designation of supplemental grant funds. The bill would also provide that any action by a school district to change or maintain the designation of supplemental grant funds for the 1994–95 fiscal year would be considered a new designation that would be applicable in that 1995–96 fiscal year and each fiscal year thereafter. The bill would provide that, notwithstanding specified provisions of law, for purposes of computing the base revenue limit per unit of average daily attendance for the 1995–96 fiscal year of a school district, the base revenue limit per unit of average daily attendance of the school district for the 1994–95 fiscal year would be increased by an amount equal to the amount of supplemental grant funds added to the total revenue limit in the 1994–95 fiscal year divided by the school districts revenue limit average daily attendance for the 1994–95 fiscal year, as specified.
(17)  Under existing law, in calculating each community college district’s revenue level for each fiscal year, the Chancellor is required to subtract certain items from the total revenues owed, including, 98% of the student fee revenues collected.
This bill would additionally provide for the subtraction of 98% of the revenues received through the collection of a student fee from a student enrolled in the district who registered or enrolled between July 1, 1995, and the date this act becomes operative. The bill would also require the governing board of a community college district to charge a fee as specified in (12) to a student enrolled in the district who registered or enrolled between July 1, 1995, and the date this act becomes operative.
(18)  Existing law provides that the contribution of a school employer to the retirement fund with respect to school members and local members employed by a school district or county superintendent of schools, and the contribution of any employer of a school member for benefits under the Public Employee’s Retirement System is increased by a sum equal to 0.308% of the compensation paid to those members.
This bill would provide that the aforementioned provision is repealed as of January 1, 1996.
(19)  Existing law, the California Academic Volunteer and Mentor Service Act of 1992 (hereafter the act), creates the Academic Volunteer and Mentor Service Program (hereafter program) that is administered by the office of the Governor. Under the act, local planning councils are required to be established, as specified, and the Governor is to encourage each local planning council to determine short-time objections of the local volunteer and mentor services program within the local planning area and to establish funding priorities and submit the objectives and priorities to the office of the Governor. Under the act, the Governor is required to do various tasks, including identifying local planning areas and developing a funding formula for local plan areas to award grants to local projects that are designed to address local planning area objectives and priorities. The act provides that any entity desiring a grant shall submit an application, which shall include specified information, including a statement of the applicant’s experience in the recruitment, placement, and training of volunteers.
This bill would repeal the provisions establishing local planning councils and would provide that grants shall be awarded to school districts and county superintendents of schools to administer the academic district and county superintendents of schools to which a grant is awarded. The bill would make related changes. The bill would also authorize school districts and county superintendents of schools to contract with nonprofit organizations experienced in operating volunteer mentor projects for program operations. The bill would appropriate $5,000,000 for the program for allocation and administration by school districts and county superintendents of schools submitting applications to the office of the Governor only if a settlement in California Teachers Association v. Gould is effective. The bill would require the appropriation to be included in the amounts appropriated by the state in the 1995–96 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(20)  Existing law sets forth a method for determining the amount of funding to which county offices of education and school districts are entitled for special education purposes. In making the determination of the portion of that amount to be funded by the state, the county superintendent of schools is required to deduct property taxes allocated to special education programs, as specified.
Existing law sets forth various adjustments to property tax allocations and requires the county auditor to make certain allocations of property tax revenues to among other local governmental entities, school districts, county offices of education, and community college districts. Existing law requires the county auditor if, after making a specified allocation of property tax to the Educational Revenue Augmentation Fund to school districts, county offices of education within the county and community college districts, there are still additional funds to be allocated, to allocate those excess funds to community college districts, as specified, and if funds are still available, to school districts and county offices of education, as specified.
This bill would require that if, after making the allocations described above, the county auditor determines that excess funds are available, that those funds be allocated to the county superintendents of schools and counted as property tax revenues for special education programs in augmentation of the amount of property tax revenues allocated for those programs, as specified.
(21)  Existing law sets forth a formula for making allocations to special education local plan areas for state funding of those instructional personnel service units operated and fundable for services to individuals with exceptional needs younger than 3 years of age. Existing law establishes the California Early Intervention Services Act to provide a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, interagency programs, responsible for providing appropriate early intervention services and support to all eligible infants and toddlers and their families. Existing law declares the intent of the Legislature to require the State Department of Education to implement that program.
This bill would provide that if funds appropriated in a specified item of the Budget Act of 1995 for the purpose of early education programs for individuals with exceptional needs are in excess of the amount necessary to fund those instructional personnel services units, and the State Department of Education has not received a specified reimbursement from the Department of Developmental Services, then those excess funds shall be allocated for the California Early Intervention Services Act.
(22)  Existing law requires the Superintendent of Public Instruction to allocate to each school district maintaining a secondary school or county superintendent of schools that offers adult education classes for adults in correctional facilities an amount equal to the actual current expense of the district or county superintendent of schools maintaining those classes for the fiscal year, subject to specified limitations.
This bill would provide that funds allocated to county superintendents of schools and school districts in the 1994–95 fiscal year or 1995–96 fiscal year for adults in correctional facilities programs shall not exceed the amount of funds received by the county superintendent of schools or school district in the 1993–94 fiscal year, subject to specified restrictions.
(23)  Existing law establishes various categorical programs, including among others, adult education programs, programs for adults in correctional facilities special education programs, and child care and preschool programs.
This bill would provide that the amounts appropriated for those programs in specified items of the Budget Act of 1995 are in lieu of the amounts that would otherwise be required to be appropriated for those programs.
(24)  Existing law provides for the adoption of lists of instructional materials and establishes the State Instructional Materials Fund for the purposes of providing funds to school districts for the acquisition of instructional materials. The Controller is required to transfer a specified amount from the General Fund to the State Instructional Materials Fund each fiscal year for purposes of providing funds for the purchase of instructional materials.
This bill, in addition to those amounts transferred to the State Instructional Materials Fund by the Controller, would appropriate $24,781,000 to that fund for the purpose of providing funds to school districts for the purchase of instructional materials, as specified. The bill would require that appropriation to be included in the amounts appropriated by the state in 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(25)  Existing law, as set forth in a specific item of the Budget Act of 1994, appropriates $1,085,300,000 to the Board of Governors of the California Community Colleges for local assistance to community college districts. The schedule to that item requires $886,651,000 of that appropriation to be used for apportionments to community college districts and $2,400,000 for the purpose of instructional equipment. That appropriation is counted in the Budget Act of 1994 toward the state’s minimum funding obligation to school districts and community college districts under Section 8.
This bill would appropriate $47,194,000 from the General Fund in augmentation of that item of the Budget Act of 1994 for the purpose of providing apportionments to community college districts for the 1994–95 fiscal year. The bill would also appropriate $26,000,000 from the General Fund for the purpose of providing one-time block grants to community college districts. The bill would require the Chancellor to allocate the funds appropriated for block grants to community college districts in an amount per actual full-time equivalent student calculated on a statewide basis for the 1994–95 fiscal year for expenditure, as specified. The bill would require those appropriations to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(26)  Existing law establishes the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Greene Act) for the purpose of providing funds to school districts for school construction projects, including maintenance and repair projects.
This bill would appropriate $20,000,000 from the General Fund to the Director of Finance for transfer to the Office of Emergency Services for the purpose of providing funds to school districts to make repairs to school facilities damaged in the earthquake occurring in Northridge, California, on January 17, 1994. Those funds would count toward the funds the state is required to appropriate for those repairs to receive federal funds. School districts would be eligible to receive those funds only after they are no longer eligible to receive funds for those repairs under the Greene Act. The bill would require those appropriations to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 for that fiscal year.
(27)  Existing law requires the governing board of any school district to authorize the use of any school facilities or grounds under its control, when an alternative location is not available, by nonprofit organizations and clubs or associations organized to promote youth and school activities, as specified. That section imposes a state-mandated local program on school districts.
This bill would appropriate $17,801,000 from the General Fund to the Controller for the purpose of reimbursing school districts for claims for reimbursement under Section 6 of Article XIII  B of the California Constitution for the costs incurred by school districts pursuant to that state-mandated local program. The bill would require those appropriations to be included in the amount appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 for that fiscal year.
(28)  Existing law, the Morgan-Farr-Quackenbush Educational Technology Act of 1992, provides for school-based educational technology grants for school districts and county offices of education. Those grants are to be used for the development, adaptation, or expansion of existing technology applications to support general education, English acquisition, and non-English-speaking parent education programs. Priority for the grants is to be given to applicants whose projects involve collaboration with a postsecondary educational institution.
This bill would appropriate $10,000,000 to the State Department of Education for the purpose of allocating school-based educational technology grants. The bill would require that first priority shall be given to applications that include acquisition of donated computers refurbished by a community college, regional occupational program or center, or an institution of the Youth and Adult Corrections Agency. The bill would require the appropriation to be included in the amounts appropriated by the state in the 1995–96 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(29)  Existing law authorizes the State Allocation Board to make allocations to school districts from the State School Deferred Maintenance Fund for the purposes of funding deferred maintenance projects, provided that the school districts meet certain requirements.
This bill would appropriate $24,781,000 from the General Fund to the State School Deferred Maintenance Fund for deferred maintenance projects that, in the absence of maintenance, repair, or modernization, could result in serious damage to the remainder of the school facility, or result in a serious hazard to the health and safety of pupils. The bill would require those appropriations to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 for that fiscal year.
(30)  Under existing law, school districts are authorized to receive reimbursement for the costs of voluntary and court-ordered desegregation plans, as specified. Prior to receiving reimbursement, the governing board of a school district must submit its desegregation plan to the Superintendent of Public Instruction and the Controller.
This bill would appropriate $3,540,000 from the General Fund for transfer by executive order of the Director of Finance to the Controller for reimbursement of claims received by the Redwood City School District for the costs of its voluntary desegregation plan for the 1994–95 fiscal year, as specified. This bill would also appropriate $16,728,000 from the General Fund for transfer by executive order of the Director of Finance to the Controller for reimbursement of certain claims received by specified school districts for the costs of court-ordered and voluntary desegregation plans incurred in the 1990–91, 1991–92, and 1992–93 fiscal years, as specified. The bill would require those appropriations to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 for that fiscal year.
(31)  Existing law provides for the funding of special education programs and services.
This bill would appropriate $3,815,000 from the General Fund for transfer to Section A of the State School Fund to provide partial funding for the deficiency in the amount of state funds previously appropriated in the 1994–95 fiscal year for special education programs and services. The bill would require the appropriation to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(32)  Existing law, the Uniform Controlled Substance Act, include provisions authorizing the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law establishes the Conflict Resolution and School Violence Reduction Program under which the Superintendent of Public Instruction allocates specified funds to participating county offices of education. That program is funded by any amount deposited into the School Safety Account of the General Fund received from the forfeiture and seizure of property pursuant to the Uniform Controlled Substance Act.
This bill would provide that for the purpose of Section 8, the revenues collected pursuant to the Uniform Controlled Substance Act are not “General Fund proceeds of taxes which may be appropriated pursuant to Article XIII  B” of the California Constitution or “allocated local proceeds of taxes,” as specified, and therefore moneys allocated to county offices of education for the Conflict Resolution and School Violence Reduction Program are not for the support of school districts and community college districts for the purpose of Section 8.
(33)  Existing law requires the Controller to transfer each fiscal year an amount determined according to specified formulas from the General Fund to Section A of the State School Fund for the purpose of providing the state funding portion of revenue limits to county superintendents of schools and school districts.
This bill, notwithstanding these formulas, would require the Superintendent of Public Instruction, for the 1996–97 fiscal year, and each fiscal year thereafter, to certify to the Controller the amounts that do not exceed the amounts necessary to fund the revenue limits of school districts and county superintendents of schools, as specified.
(34)  Existing law provides for reimbursement for voluntary and court-ordered desegregation programs in the public schools.
This bill would specify that overpayments to the San Francisco Unified School District in the amount of $2,048,635 in the 1991–92 fiscal year identified in audits shall constitute full and complete payment for all claims for desegregation costs in the 1984–85, 1985–86, 1986–87, 1987–88, 1988–89, and 1989–90 fiscal years.
The bill would also provide that commencing with the 1995–96 fiscal year and each fiscal year thereafter in order to be eligible to receive reimbursement for desegregation programs under specified provisions of law, a school district would be required to submit an actual cost claim to the Superintendent of Public Instruction and the Controller on or before November 30 of the following fiscal year.
(35)  Existing law appropriates the amount of $732,000,000 for transfer to Section A of the State School Fund for apportionment to school districts as an emergency loan for the 1992–93 fiscal year, and $608,691,000 for the 1993–94 fiscal year, specifying that these appropriations may not be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Existing law also appropriates the amount of $241,000,000 for transfer to Section B of the State School Fund, to be apportioned to community college districts for the 1992–93 fiscal year, and $178,000,000 for the 1993–94 fiscal year, as an emergency loan, and specifies that these appropriations may not be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
This bill would appropriate $50,000,000 from the General Fund in partial discharge of the emergency loans to school districts and community college districts specified above and would require the appropriation to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year. In addition, the bill would appropriate $100,000,000 from the General Fund in partial discharge of the emergency loans to school districts and community college districts specified above and would require the appropriation to be included in the amounts appropriated by the state in the 1995–96 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(36)  Existing law, the Healthy Start Support Services for Children Act, requires the Superintendent of Public Instruction to award grants to local educational agencies or consortia to fund programs in qualifying schools that provide designated support services to eligible pupils and their families.
This bill would appropriate $10,000,000 from the General Fund for purposes of the Healthy Start Support Services for Children Act. The bill would provide that no funds shall be disbursed until August 1, 1996. The bill would also provide that the appropriation shall become operative only if the Director of Finance certifies that a settlement in California Teachers Association v. Gould is effective. The bill would require the appropriation to be included in the amounts appropriated by the state in the 1995–96 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(37)  Existing law does not provide for a statewide pupil assessment program.
This bill would appropriate $15,000,000 from the General Fund for purposes of a statewide pupil assessment program pursuant to legislation enacted during the 1995–96 fiscal year. The bill would provide that no funds shall be disbursed until August 1, 1996, and only if legislation is enacted that establishes a statewide pupil assessment program. The bill would provide that the appropriation shall become operative only if the Director of Finance certifies that a settlement in California Teachers Association v. Gould is effective. The bill would require the appropriation to be included in the amounts appropriated by the state in the 1995–96 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts for that fiscal year.
(38)  This bill would appropriate $279,327,000 from the General Fund for transfer to Section A of the State School Fund for allocation to school districts and county offices of education, as specified, for the 1994–95 second principal apportionment to be used for instructional materials, deferred maintenance, education technology, or any other non-recurring costs. The bill would require prior, to the use of these funds, that the governing board of the school district or county board of education hold a public hearing or hearings at which time the board shall report on the needs of and resources for, instructional materials, deferred maintenance, education technology, or any other non-recurring costs. The bill would require those appropriations to be included in the amounts appropriated by the state in the 1994–95 fiscal year for the purpose of meeting the state’s minimum funding obligation to school districts and community college districts under Section 8 for that fiscal year.
(39)  This bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

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


SECTION 1.

 Section 2557.5 of the Education Code is amended to read:

2557.5.
 (a)  For the 1987–88 fiscal year, and each fiscal year thereafter, the revenue limit of any county superintendent of schools authorized pursuant to Section 2551 may be increased by an amount sufficient to provide additional revenue equal to the expenditure estimated to be incurred by the county superintendent of schools in the budget year in complying with the following provisions of the Unemployment Insurance Code: Sections 605 and 803, Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1, or Article 3 (commencing with Section 976) of Chapter 4 of Part 1 of Division 1, less the actual expenditures incurred by the county superintendent of schools in the 1975–76 fiscal year in complying with the following provisions of the Unemployment Insurance Code: Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 and former Section 605.2.
(b)  The increase in revenue limit provided in subdivision (a) shall be adjusted annually, including plus or minus adjustments for under- or over-estimating expenditures used in determining the increase in revenue limit provided by subdivision (a) in the previous fiscal year.
(c)  For the 1994–95 fiscal year and each fiscal year thereafter, the amount of the increase computed pursuant to this section shall not be adjusted by the deficit factor applied to the revenue limit of each county superintendent of schools pursuant to Section 2558.45.

SEC. 2.

 Section 2558 of the Education Code is amended to read:

2558.
 Notwithstanding any other provision of law, for the 1979–80 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall apportion state aid to county superintendents of schools pursuant to the provisions of this section.
(a)  The Superintendent of Public Instruction shall total the amounts computed for the fiscal year pursuant to Sections 2550, 2551, 2551.3, 2554, 2555, and 2557. For the 1979–80 fiscal year and for purposes of calculating the 1979–80 fiscal year base amounts in succeeding fiscal years, the amounts in Sections 2550, 2551, 2552, 2554, 2555, and 2557, as they read in the 1979–80 fiscal year, shall be multiplied by a factor of 0.994. For the 1981–82 fiscal year and for purposes of calculating the 1981–82 fiscal year base amounts in succeeding fiscal years, the amount in this subdivision shall be multiplied by a factor of 0.97.
(b)  For the 1995–96 fiscal year and each fiscal year thereafter, the county superintendent of schools shall adjust the total revenue limit computed pursuant to this section by the amount of increased or decreased employer contributions to the Public Employees’ Retirement System resulting from the enactment of Chapter 330 of the Statutes of 1982, adjusted for any changes in those contributions resulting from subsequent changes in employer contribution rates, excluding rate changes due to the direct transfer of the state-mandated portion of the employer contributions to the Public Employees’ Retirement System through the current fiscal year. The adjustment shall be calculated for each county superintendent of schools as follows:
(1)  Determine the amount of employer contributions that would have been made in the current fiscal year if the applicable Public Employees’ Retirement System employee contribution rate in effect immediately prior to the enactment of Chapter 330 of the Statutes of 1982 were in effect during the current fiscal year.
(2)  Determine the actual amount of employer contributions made to the Public Employees’ Retirement System in the current fiscal year.
(3)  If the amount determined in paragraph (1) is greater than the amount determined in paragraph (2), the total revenue limit computed pursuant to this part for that county superintendent of schools shall be decreased by the amount of the difference between those paragraphs; or if the amount determined in paragraph (1) is less than the amount determined in paragraph (2), the total revenue limit for that county superintendent of schools shall be increased by the amount of the difference between those paragraphs.
(4)  For the purposes of this subdivision, employer contributions to the Public Employees’ Retirement System for any of the following positions shall be excluded from the calculation specified above:
(A)  Positions or portions of positions supported by federal funds that are subject to supplanting restrictions.
(B)  Positions supported by funds received pursuant to Section 42243.6.
(C)  Positions supported, to the extent of employers contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a non-General Fund revenue source determined to be properly excludable from this subdivision by the Superintendent of Public Instruction with the approval of the Director of Finance.
(5)  For accounting purposes, any reduction to county office of education revenue limits made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent of Public Instruction.
(6)  The amount of the increase or decrease to the revenue limits of county superintendents of schools made by this subdivision for the 1995–96 fiscal year or any fiscal year thereafter shall not be adjusted by the deficit factor applied to the revenue limit of each county superintendent of schools pursuant to Section 2558.45.
(c)  The Superintendent of Public Instruction shall also subtract from the amount determined in subdivision (a) the sum of: (1) local property tax revenues received pursuant to Section 2573 in the then current fiscal year, and tax revenues received pursuant to Section 2556 in the then current fiscal year, (2) state and federal categorical aid for the fiscal year, (3) district contributions pursuant to Section 52321 for the fiscal year, and other applicable local contributions and revenues, (4) any amounts that the county superintendent of schools was required to maintain as restricted and not available for expenditure in the 1978–79 fiscal year as specified in the second paragraph of subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978, as amended by Chapter 51 of the Statutes of 1979, and (5) the amount received pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 33607.5 of the Health and Safety Code that is considered property taxes pursuant to that section.
(d)  The remainder computed in subdivision (c) shall be distributed in the same manner as state aid to school districts from funds appropriated to Section A of the State School Fund.
(e)  If the remainder determined pursuant to subdivision (c) is a negative amount, no state aid shall be distributed to that county superintendent of schools pursuant to subdivision (d), and an amount of funds of that county superintendent equal to that negative amount shall be deemed restricted and not available for expenditure during the current fiscal year. In the next fiscal year, that amount shall be considered local property tax revenue for purposes of the operation of paragraph (1) of subdivision (c) of this section.

SEC. 3.

 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)  Except as provided in paragraph (2), the revenue limit for the 1994–95, 1995–96, and 1996–97 fiscal years 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 and 1996–97 fiscal years for each county superintendent of schools determined pursuant to this article shall be reduced by an 11.70 percent deficit factor. This paragraph shall only become operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective. No funds shall be disbursed under this paragraph before August 1, 1996, and any apportionment or allocation of funds appropriated for purposes of this paragraph shall be accounted for in the 1995–96 fiscal year. The computations made by this paragraph for the 1995–96 fiscal year shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202, for the 1995–96 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 (c) of Section 41202, for that fiscal year.
(3)  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.
The revenue limit for each county superintendent of schools for the 1995–96 fiscal year shall be determined as if the revenue limit for each county superintendent of schools had been determined for the 1994–95 fiscal year without being reduced by the deficit factor specified in this section.
The revenue limit for each county superintendent of schools for the 1996–97 fiscal year shall be determined as if the revenue limit for each county superintendent of schools had been determined for the 1995–96 fiscal year without being reduced by the deficit factor specified in this section.
(b)  The revenue limit for each county superintendent of schools for the 1997–98 fiscal year and each fiscal year thereafter shall be determined as if the revenue limit for that county superintendent of schools had been determined for the 1996–97 fiscal year without being reduced by the deficit factor specified in this section.

SEC. 4.

 Article 3.5 (commencing with Section 2560) is added to Chapter 12 of Part 2 of the Education Code, to read:
Article  3.5. Revenue Limit Equalization

2560.
 This article shall not apply to any county in which there is a single, countywide unified school district.

2561.
 For purposes of this article, the following definitions shall apply:
(a)  “Countywide ADA” means the aggregate number of annual units of regular average daily attendance for the fiscal year in all school districts within the county.
(b)  “Services ADA” means the countywide ADA plus 12.5 percent of the number of full-time equivalent students in community college districts within the county for which the county office of education provides fiscal and other services.
(c)  “General purpose revenues” means the sum of the following amounts received by the county office of education in the fiscal year:
(1)  Apportionments received for purposes of subdivision (b) of Section 2550 and for purposes of county superintendent office operations and capital outlay.
(2)  Any financial support provided to the county office of education from the general fund of the county, including, but not limited to, salary and benefits expenditures for county office of education staff paid for by the county, other expenditures to support the operations of the county office of education paid for the county, revenues transferred from the county general fund to the county office of education, and any other direct or indirect support provided to the county office of education by the county general fund. As a condition of receipt of funds pursuant to this article, the county superintendent of schools shall certify the amount of this financial support from the county general fund to the Superintendent of Public Instruction in a manner determined by the Superintendent of Public Instruction.

2562.
 For purposes of this article, the following classes of counties shall apply:
(a)  Class 1: Counties with 1994–95 countywide ADA of more than 500,000.
(b)  Class 2: Counties with 1994–95 countywide ADA of at least 180,000 but less than 500,000.
(c)  Class 3: Counties with 1994–95 countywide ADA of at least 60,000 but less than 180,000.
(d)  Class 4: Counties with 1994–95 countywide ADA of at least 30,000 but less than 60,000.
(e)  Class 5: Counties with 1994–95 countywide ADA of at least 14,000 but less than 30,000.
(f)  Class 6: Counties with 1994–95 countywide ADA of at least 7,000 but less than 14,000.
(g)  Class 7: Counties with 1994–95 countywide ADA of less than 7,000.

2563.
 The Superintendent of Public Instruction shall make the following calculations for the 1995–96 fiscal year:
(a)  For each county office of education, divide its 1994–95 general purpose revenues by its 1994–95 services ADA.
(b)  For each class of counties, except Class 1 counties, divide the sum of the 1994–95 general purpose revenues for all of the county offices of education in that class by the sum of the services ADA for all of the counties in that class, and multiply that quotient by 0.88. For Class 1 counties, the amount shall be eighteen dollars and 98 cents ($18.98).
(c)  For each county office of education, subtract the amount determined pursuant to subdivision (a) from the amount determined pursuant to subdivision (b) of the class of counties of which it is a member. If this difference is less than zero, it shall be deemed to be zero.
(d)  For each county office of education, multiply the amount determined pursuant to subdivision (c) by its 1994–95 services ADA.
(e)  Divide five million dollars ($5,000,000) by the statewide sum of the amounts determined pursuant to subdivision (d) and, for each county office of education, multiply that quotient by its amount determined pursuant to subdivision (d).

2564.
 The Superintendent of Public Instruction shall apportion to each county office of education the amount determined pursuant to subdivision (e) of Section 2563. That amount shall not be subject to the deficit factor determined pursuant to Section 2558.45.

2565.
 For purposes of determining the allowances for each county office of education pursuant to subdivision (b) of Section 2550 for the 1996–97 fiscal year and for each fiscal year thereafter, the amount determined pursuant to paragraph (1) of subdivision (b) of Section 2550 for the 1995–96 fiscal year shall be increased by the quotient of the amount received pursuant to Section 2564 divided by the 1994–95 countywide ADA.

2566.
 (a)  The total amount apportioned pursuant to this article shall not exceed 5 million dollars ($5,000,000).
(b)  This article shall only become operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective. No funds shall be disbursed under this article before August 1, 1996.
(c)  For the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by this paragraph for the 1995–96 fiscal year shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 for the 1995–96 fiscal year and be 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.

SEC. 5.

 Section 41202 of the Education Code is amended to read:

41202.
 The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings:
(a)  “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts, shall not be considered to be “moneys to be applied by the State.”
(b)  “General Fund revenues which may be appropriated pursuant to Article XIII  B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII  B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII  B for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII  B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII  B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986.
(c)  “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent of Public Instruction, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
(d)  “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
(e)  “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII  B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent of Public Instruction, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
(f)  “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for the Child Care and Development Services Act pursuant to Chapter 2 (commencing with Section 8200) of Part 6 and shall not include any of the following:
(1)  Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for the Child Care and Development Services Act pursuant to Chapter 2 (commencing with Section 8200) of Part 6.
(2)  Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988.
(3)  Any appropriation made to service any public debt approved by the voters of this state.
(g)  “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (h) of Section 42238, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2558, 42238, and 56712.
(h)  “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts in calculations performed pursuant to Section 84700. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.”
(i)  For the purposes of calculating the 4 percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes.

SEC. 6.

 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 shall not apply to the 1992–93 fiscal year.
(d)  Notwithstanding any other provision of law, this section shall not apply to the 1993–94 fiscal year.
(e)  Notwithstanding any other provision of law, this section shall not apply to the 1994–95 fiscal year.
(f)  Notwithstanding any other provision of law, this section shall not apply to the 1995–96 fiscal year.

SEC. 7.

 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 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 1985–86 fiscal year, the amount received per unit of average daily attendance in the 1984–85 fiscal year pursuant to Section 42238.7.
(4)  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.
(c)  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.
(d)  For 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 subdivision (c):
(1)  Multiply the base revenue limit computed pursuant to subdivision (c) by the average daily attendance computed pursuant to Section 42238.5 for the 1982–83 fiscal year.
(2)  Multiply the lesser of the amount in subdivision (c) or 1.05 times the statewide average base revenue limit 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 for the current and 1982–83 fiscal years.
(3)  Add the amounts in paragraphs (1) and (2).
(e)  The base revenue limit per unit of average daily attendance shall be the lesser of the following amounts:
(1)  The amount determined in subdivision (b).
(2)  The amount computed pursuant to Section 42238 for the prior fiscal year divided by the prior fiscal year revenue limit average daily attendance times the sum of 1.0 and twice the percentage increase in revenue limits computed pursuant to Section 42238.1 for the current fiscal year.
(f)  For districts electing to compute units of average daily attendance pursuant to paragraph (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.
(g)  For the 1984–85 fiscal year only, the county superintendent 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.
The reduction 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 prior to the enactment of Chapter 330 of the Statutes of 1982 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 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 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.
(C)  Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by 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 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 district’s property tax revenue received pursuant to Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2)  The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of the Revenue and Taxation Code.
(3)  The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) 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.
(7)  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, reconstruction, or remodeling, or deferred maintenance, except for any amount received pursuant to Section 33492.15, paragraph (3) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities.
(i)  This section shall become operative July 1, 1984.

SEC. 8.

 Section 42238.4 of the Education Code is amended to read:

42238.4.
 (a)  For the 1995–96 fiscal year, the county superintendent of schools shall compute an equalization adjustment for each school district in the county, so that no district’s base revenue limit per unit of average daily attendance is less than the prior fiscal year statewide average base revenue limit for the appropriate size and type of district listed in subdivision (b) plus the inflation adjustment specified in Section 42238.1 for the current fiscal year for the appropriate type of district.
For purposes of this section, the district base revenue limit and the statewide average base revenue limit shall not include any amounts attributable to Section 45023.4, 46200, or 46201.
(b)  Subdivision (a) shall apply to the following school districts, which shall be grouped according to size and type as follows:
District
ADA
Elementary ........................
less than 101
Elementary ........................
more than 100
High School ........................
less than 301
High School ........................
more than 300
Unified ........................
less than 1,501
Unified ........................
more than 1,500
(c)  The Superintendent of Public Instruction shall compute a revenue limit equalization adjustment for each school district’s base revenue limit per unit of average daily attendance as follows:
(1)  Add the products of the amount computed for each school district by the county superintendent pursuant to subdivision (a) and the average daily attendance used to calculate the district’s revenue limit for the current fiscal year as adjusted for the deficit factor in Section 42238.145.
(2)  Divide the amount appropriated for purposes of this section for the current fiscal year by the amount computed pursuant to paragraph (1).
(3)  Multiply the amount computed for the school district pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).
(d)  For the purposes of this section, the 1994–95 statewide average base revenue limits determined for the purposes of subdivision (a) and the fraction computed pursuant to paragraph (2) of subdivision (c) by the Superintendent of Public Instruction for the 1995–96 second principal apportionment shall be final, and shall not be calculated as subsequent apportionments. In no event shall the fraction computed pursuant to paragraph (2) of subdivision (c) exceed 1.00. For the purposes of determining the size of a district used in subdivision (b), the Superintendent of Public Instruction shall use a school district’s revenue limit average daily attendance for the 1994–95 fiscal year determined pursuant the Section 42238.5 and Article 4 (commencing with Section 42280).
(e)  This section shall only be operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould, (Sacramento County Superior Court Case CV 373415) is effective. No funds shall be disbursed under this section for this purpose before August 1, 1996 and any apportionment or allocation of funds appropriated for purposes of this section shall be accounted for in the 1995–96 fiscal year.
(f)  Appropriations for the 1995–96 fiscal year as a result of the implementation of this section shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 1995–96 fiscal year and “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated to Article XIII  B,” as defined in subdivision (e) of Section 41202, for that fiscal year, for purposes of Section 8 of Article XVI of the California Constitution.

SEC. 9.

 Section 42238.12 of the Education Code is amended to read:

42238.12.
 For the 1995–96 fiscal year and each fiscal year thereafter, the county superintendent of schools shall adjust the total revenue limit for each school district in the jurisdiction of the county superintendent of schools by the amount of increased or decreased employer contributions to the Public Employees’ Retirement System resulting from the enactment of Chapter 330 of the Statutes of 1982, adjusted for any changes in those contributions resulting from subsequent changes in employer contribution rates, excluding rate changes due to the direct transfer of the state-mandated portion of the employer contributions to the Public Employees’ Retirement System, through the current fiscal year. The adjustment shall be calculated for each school district, as follows:
(a)  Determine the amount of employer contributions that would have been made in the current fiscal year if the applicable Public Employees’ Retirement System employer contribution rate in effect immediately prior to the enactment of Chapter 330 of the Statutes of 1982 were in effect during the current fiscal year.
For the purposes of this calculation, no school district shall have a contribution rate higher than 13.020 percent.
(b)  Determine the actual amount of employer contributions made to the Public Employees’ Retirement System in the current fiscal year.
(c)  If the amount determined in subdivision (a) for a school district is greater than the amount determined in subdivision (b), the total revenue limit computed for that school district shall be decreased by the amount of the difference between those subdivisions; or, if the amount determined in subdivision (a) for a school district is less than the amount determined in subdivision (b), the total revenue limit for that school district shall be increased by the amount of the difference between those subdivisions.
(d)  For the purpose of this section, employer contributions to the Public Employees’ Retirement System for any of the following positions shall be excluded from the calculation specified above:
(1)  Positions or portions of positions supported by federal funds that are subject to supplanting restrictions.
(2)  Positions supported by funds received pursuant to Section 42243.6.
(3)  Positions supported, to the extent of employers contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a non-General Fund revenue source determined to be properly excludable from this section by the Superintendent of Public Instruction with the approval of the Director of Finance.
(e)  For accounting purposes, any reduction to district revenue limits made by this provision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent of Public Instruction.
(f)  The amount of the increase or decrease to the revenue limits of school districts computed pursuant to subdivision (c) for the 1995–96 fiscal year or any fiscal year thereafter shall not be adjusted by the deficit factor applied to the revenue limit of each school district pursuant to Section 42238.145.

SEC. 10.

 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)  Except as otherwise provided in paragraph (2), for the 1994–95 1995–96, and 1996–97 fiscal years, 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 and 1996–97 fiscal years the revenue limit for each school district determined pursuant to this article shall be reduced by a 10.12 percent deficit factor. This paragraph shall only become operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective. No funds shall be disbursed under this paragraph before August 1, 1996, and any appropriation or allocation of funds appropriated for purposes of this paragraph shall be accounted for in the 1995–96 fiscal year. The computations made by this paragraph for the 1995–96 fiscal year shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202, for the 1995–96 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.
(3)  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.
The revenue limit for each school district for the 1995–96 fiscal year shall be determined as if the revenue limit for that school district had been determined for the 1994–95 fiscal year without being reduced by the deficit factor specified in this section.
The revenue limit for each school district for the 1996–97 fiscal year shall be determined as if the revenue limit for each school district had been determined for the 1995–96 fiscal year without being reduced by the deficit factor specified in this section.
(b)  The revenue limit for each school district for the 1997–98 fiscal year, and each fiscal year thereafter, shall be determined as if the revenue limit for that school district had been determined for the 1996–97 fiscal year without being reduced by the deficit factor specified in this section.

SEC. 11.

 Section 42241.7 of the Education Code is amended to read:

42241.7.
 (a)  For the 1978–79 fiscal year, and each fiscal year thereafter, the revenue limit of any elementary, high, or unified school district authorized pursuant to Sections 42237 and 42238 may be increased by an amount sufficient to provide additional revenue equal to the expenditures estimated to be incurred by the district in the budget year in complying with the following provisions of the Unemployment Insurance Code: Sections 605 and 803, Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1, or Article 3 (commencing with Section 976) of Chapter 4 of Part 1 of Division 1, less the actual expenditures incurred by the district in the 1975 –76 fiscal year in complying with the following provisions of the Unemployment Insurance Code: Section 605.2 and Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1.
(b)  If, at the end of any fiscal year, the actual expenditures of the district specified in subdivision (a) are less than the revenue derived from the increase in revenue limit provided in subdivision (a) for that fiscal year, the difference shall be used in the following fiscal year exclusively for expenditures required pursuant to the Unemployment Insurance Code provisions specified in subdivision (a).
(c)  If, at the end of any fiscal year, the actual expenditures of the district specified in subdivision (a) exceed the revenue derived from the increase in revenue limit provided in subdivision (a) for that fiscal year, the difference may be added to the increase in revenue limit, authorized pursuant to this section, in the following fiscal year.
(d)  Commencing with the 1994–95 fiscal year and each fiscal year thereafter, the adjustment computed pursuant to this section shall not be adjusted by the deficit factor applied to the revenue limit of each school district pursuant to Section 42238.145.

SEC. 12.

 Section 42243.7 of the Education Code is amended to read:

42243.7.
 (a)  For any unified school district which commenced operations on or after June 30, 1978, or any school district which receives approval from the State Department of Education for a new continuation education high school for the 1979–80 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall compute an adjustment to the district revenue limit pursuant to this section.
(b)  Determine the amount of foundation program which the district would have been entitled to pursuant to subdivision (a) of Section 41711 if the district had operated during the 1977–78 fiscal year utilizing the number of units of average daily attendance attending high school in the district in the fiscal year for which the revenue limit is being computed.
(c)  Determine the amount of foundation program which the district would have been entitled to pursuant to paragraph (1) of subdivision (b) of Section 41711 if the district had operated during the 1977–78 fiscal year utilizing the same number of units of average daily attendance used in subdivision (b) of this section.
(d)  Subtract the amount determined pursuant to subdivision (c) from the amount computed pursuant to subdivision (b).
(e)  The amount computed pursuant to subdivision (d), if greater than zero, shall be added to the revenue limit computed pursuant to subdivision (c) of Section 42237 or pursuant to Section 42238. If the amount in subdivision (d) is less than zero there is no adjustment.
(f)  The Superintendent of Public Instruction shall reduce by the amount computed pursuant to subdivision (d) the revenue limit computed pursuant to Section 42238 of any district discontinuing the operation of a continuation education school approved pursuant to subdivision (a).
(g)  Commencing with the 1994–95 fiscal year and each fiscal year thereafter, the adjustment computed pursuant to this section shall not be adjusted by the deficit factor applied to the revenue limit of each school district pursuant to Section 42238.145.

SEC. 13.

 Section 42247.3 of the Education Code is amended to read:

42247.3.
 (a)  Reimbursements authorized by Section 42243.9 for programs operating pursuant to a final court order issued prior to the effective date of this section shall not exceed the sum of paragraphs (1) and (2):
(1)  The audited costs approved by the Controller and incurred during the 1984–85 fiscal year, increased by the adjustment calculated pursuant to Section 42247.2.
(2)  The amount in excess of one-fifth of the amount obtained by subtracting subparagraph (B) from subparagraph (A):
(A)  The audited costs approved by the Controller for reimbursement pursuant to Section 42243.6 for the then current fiscal year.
(B)  The amount computed pursuant to paragraph (1).
(b)  Reimbursements authorized by Section 42243.9 for programs operating pursuant to a final federal court order issued prior to January 1, 1986, but not implemented until the 1985–86 fiscal year, shall not exceed the sum of paragraphs (1) and (2):
(1)  The audited costs approved by the Controller and incurred during the 1986–87 fiscal year, increased by the adjustment calculated pursuant to Section 42247.2 for each fiscal year thereafter.
(2)  The amount in excess of one-fifth of the amount obtained by subtracting subparagraph (B) from subparagraph (A).
(A)  The audited costs approved by the Controller for reimbursement pursuant to Section 42243.6 for the then current fiscal year.
(B)  The amount computed pursuant to paragraph (1).
(1)  Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, to be eligible to receive reimbursement pursuant to Section 42247, a school district shall submit an actual cost claim to the Superintendent of Public Instruction and the Controller on or before November 30 of the following fiscal year. School districts shall submit any supplemental claims to the Superintendent of Public Instruction and the Controller within one year of receipt of final payment for actual cost claim.
(2)  For years prior to the 1994–95 fiscal year, the Controller shall consider for reimbursement only those supplemental claims that are submitted on or before June 30, 1995.

SEC. 14.

 Section 42249.2 of the Education Code is amended to read:

42249.2.
 (a)  Notwithstanding any other provision of law, a school district that meets all of the following conditions shall be reimbursed pursuant to Section 42249 based on costs incurred in the 1981–82 fiscal year:
(1)  The district developed a voluntary desegregation plan in the 1980–81 fiscal year.
(2)  The district’s voluntary desegregation plan was first implemented in the 1981–82 fiscal year.
(3)  The district has filed a claim for costs incurred in the 1983–84 and 1984–85 fiscal years prior to the effective date of this section.
(b)  A school district that has not filed a claim pursuant to Section 42249 for the 1983–84 or 1984–85 fiscal year prior to July 8, 1985, shall not be eligible for reimbursement for costs incurred in those fiscal years, except that any district that filed a claim pursuant to Section 42249 for the 1984–85 or 1985–86 fiscal year prior to November 30, 1985, shall be eligible for reimbursement for costs incurred in the 1984–85 fiscal year. Any such district shall be eligible for reimbursement for the 1985–86 fiscal year and any fiscal year thereafter on the basis of audited desegregation costs incurred during the 1984–85 fiscal year as if approved by the Controller pursuant to Section 42247.
(c)  (1)  Commencing with the 1985–86 fiscal year, and each fiscal year thereafter, to be eligible to receive reimbursement pursuant to Section 42249 a district shall submit an estimated cost claim to the Superintendent of Public Instruction and the Controller on or before November 30 of that fiscal year. An estimated cost claim may include the full costs of performing the audit required pursuant to paragraph (2). This subdivision is not intended to require that estimated current year claims be subjected to audit prior to submission to the Controller.
(2)  School districts shall subject any claim for the payment of actual costs under this subdivision to audit in accordance with the standards and procedures established pursuant to subdivision (b) of Section 42246.
(3)  Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, to be eligible to receive reimbursement pursuant to Section 42247, a school district shall submit an actual cost claim to the Superintendent of Public Instruction and the Controller on or before November 30 of the following fiscal year. School districts shall submit any supplemental claims to the Superintendent of Public Instruction and the Controller within one year of receipt of final payment for actual cost claim.
(4)  For years prior to the 1994–95 fiscal year, the Controller shall consider for reimbursement only those supplemental claims that are submitted on or before June 30, 1995.

SEC. 15.

 Chapter 3.65 (commencing with Section 44776.1) is added to Part 25 of the Education Code, to read:
CHAPTER  3.65. Social Tolerance Resource Centers

44776.1.
 In enacting this chapter, it is the intent of the Legislature to expand regional social tolerance resource centers to increase education and training opportunities for the teachers and pupils of California. Towards that end, the Legislature intends to provide one-time funding to support regional social tolerance resource centers, in partnership with nonprofit agencies that have demonstrated success in attaining private and governmental support for similar activities on a regional basis.

44776.2.
 The Superintendent of Public Instruction shall designate nonprofit agencies to serve as regional social tolerance resource centers. In order to be eligible to be designated as a regional social tolerance resource center, a nonprofit agency shall demonstrate all of the following:
(a)  A history of doing all of the following on a regional basis:
(1)  Developing and operating a variety of high-quality interactive and multimedia exhibits on social tolerance, the Holocaust, and human rights.
(2)  Providing teacher training activities and curricular materials.
(3)  Providing educational services for elementary and secondary school pupils, with a special focus on pupils at risk of social violence.
(b)  That the agency’s current efforts would be improved qualitatively and quantitatively.
(c)  Historic success in attracting private and public financial support for the development and use of its social tolerance exhibits and for its teacher training programs.
(d)  That its exhibits would be cross-referenced to appropriate instructional materials and strategies used by public school teachers providing instruction in social tolerance.
(e)  The ability to serve a minimum of 500 teachers each year in all grade levels.
(f)  The ability to serve a minimum of 70,000 elementary and secondary pupils each year.

44776.3.
 The Superintendent of Public Instruction shall allocate the funds appropriated for the purposes of this chapter to applicant regional social tolerance resource centers. The superintendent shall review each center’s application for funding to ensure that the funds will be used only for the purposes authorized in this chapter.

44776.4.
 Funds allocated to regional social tolerance resource centers pursuant to Section 44776.3 shall be used by the centers only for either of the following purposes:
(a)  One-time expansion of social tolerance exhibits and teacher training materials.
(b)  One-time expenditures to reduce future ongoing facilities operations costs.

44776.5.
 Funds allocated to a regional social tolerance resource center pursuant to this chapter shall supplement and not supplant funding for the continuing efforts of these centers to provide teacher training or educational services to public schools.

44776.6.
 For the 1995–96 fiscal year, the Superintendent of Public Instruction shall designate one regional social tolerance resource center to receive funding pursuant to this chapter.

44776.7.
 Notwithstanding any other provision of law, “moneys to be applied by the state,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, includes funds appropriated for social tolerance resource centers pursuant to this chapter, whether or not those funds are allocated to school districts, as defined in Section 41302.5, or community college districts.

SEC. 16.

 Chapter 3.66 (commencing with Section 44777.1) is added to Part 25 of the Education Code, to read:
CHAPTER  3.66. Latino Heritage Resource Centers

44777.1.
 In enacting this chapter, it is the intent of the Legislature to foster the establishment of regional Latino heritage resource centers to increase educational opportunities for the teachers and pupils of California. Towards that end, the Legislature intends to provide one-time funding to help establish regional Latino heritage resource centers, in partnership with nonprofit agencies which have demonstrated success in attaining private and governmental support for this purpose on a regional basis.

44777.2.
 The Superintendent of Public Instruction shall designate nonprofit agencies to serve as regional Latino heritage resource centers. In order to be eligible to be designated as a regional Latino heritage resource center, a nonprofit agency shall demonstrate all of the following:
(a)  A sound programmatic and fiscal plan to do all of the following on a regional basis:
(1)  Develop a variety of high-quality permanent and changing exhibits on Latino history, art, and culture encompassing North, Central, and South America.
(2)  Provide teacher training activities.
(3)  Provide educational services for elementary and secondary school pupils.
(b)  Success in attracting private and public financial support for the development of its Latino heritage exhibits and educational programs.
(c)  That it will be providing educational services previously unavailable to pupils and teachers in the region including the development of a referral assistance program for teachers on Latino heritage issues, and the development of publications and audio-visual materials on Latino history, art, and culture.
(d)  That its current efforts would be improved qualitatively and quantitatively.
(e)  That it will collect and preserve Latino cultural heritage and artifacts.

44777.3.
 The Superintendent of Public Instruction shall allocate the funds appropriated for the purposes of this chapter to applicant regional Latino heritage resource centers. The superintendent shall review each center’s application for funding to ensure that the funds will be used only for the purposes authorized in this chapter.

44777.4.
 Funds allocated to regional Latino heritage resource centers pursuant to Section 44777.3 shall be used by the centers only for initial development costs of exhibits, collections, and teacher training materials in Latino heritage, encompassing history, art, and culture.

44777.5.
 Funds allocated to a regional Latino heritage resource center pursuant to this chapter shall supplement and not supplant funding for the efforts of these centers to develop collections and to provide teacher training or educational services to public schools.

44777.6.
 For the 1995–96 fiscal year, the Superintendent of Public Instruction shall designate one regional Latino heritage resource center to receive funding pursuant to this chapter.

44777.7.
 Notwithstanding any other provision of law, “moneys to be applied by the state,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, includes funds appropriated for Latino heritage resource centers pursuant to this chapter, whether or not those funds are allocated to school districts, as defined in Section 41302.5, or community college districts.

SEC. 17.

 Section 54761.2 is added to the Education Code, to read:

54761.2.
 (a)  Notwithstanding any other provision of law, until October 1, 1995, school districts are authorized to change their designation of supplemental grant funds. If a school district has not notified the Superintendent of Public Instruction of a change of designation by October 1, 1995, the Superintendent of Public Instruction shall allocate funds as currently specified by the district.
(b)  Any action by a school district to change, or any decision by a school district to maintain, the 1994–95 designation of supplemental grant funds in the 1995–96 fiscal year shall be considered a new designation and shall be applicable in the 1995–96 fiscal year and each fiscal year thereafter.
(c)  The amount, if any, of supplemental grant funds that a district has chosen to allocate to its revenue limit shall be added to the base revenue limit per unit of average daily attendance of the school district. This increase shall be subject to any other adjustments applicable to the base revenue limit.
(d)  Notwithstanding subdivision (c) of Section 54761.1, for purposes of computing the base revenue limit per unit of average daily attendance of a school district for the 1995–96 fiscal year, the base revenue limit per unit of average daily attendance of the school district for the 1994–95 fiscal year shall be increased by an amount equal to the amount of supplemental grant funds added to the base revenue limit in the 1995–96 fiscal year divided by the school district’s revenue limit average daily attendance for the 1995–95 fiscal year determined pursuant to Section 42238.5 and Article 4 (commencing with Section 42280) of Chapter 7 of Part 24. This increase shall be subject to any other adjustments applicable to the base revenue limit.

SEC. 18.

 Section 56728.8 of the Education Code is amended to read:

56728.8.
 (a)  Notwithstanding subdivision (d) of Section 56760, for the 1985–86 fiscal year and each fiscal year thereafter, a special education local plan area shall be eligible for state funding of those instructional personnel service units operated and fundable for services to individuals with exceptional needs younger than three years of age at the second principal apportionment of the prior fiscal year, as long as the pupil count of these pupils divided by the number of instructional personnel service units is not less than the following:
(1)  For special classes and centers—12, based on the unduplicated pupil count.
(2)  For resource specialist programs—24, based on the unduplicated pupil count.
(3)  For designated instruction and services—12, based on the unduplicated pupil count, or 39, based on the duplicated pupil count.
(b)  Notwithstanding subdivision (d) of Section 56760, in the 1985–86 fiscal year and each fiscal year thereafter, a special education local plan area shall be eligible for state funding of instructional personnel service units for services to individuals with exceptional needs younger than three years of age in excess of the number of instructional personnel service units operated and fundable at the second principal apportionment of the prior fiscal year only with the authorization of the Superintendent of Public Instruction.
(c)  The Superintendent of Public Instruction shall base the authorization of funding for special education local plan areas pursuant to this section, including the reallocation of instructional personnel service units, upon criteria that shall include, but not be limited to, the following:
(1)  Changes in the total number of pupils younger than three years of age enrolled in special education programs.
(2)  High- and low-average caseloads per instructional personnel service unit for each instructional setting.
(d)  Notwithstanding subdivision (e) of Section 56760, infant programs in special classes and centers funded pursuant to this item shall be supported by two aides, unless otherwise required by the Superintendent of Public Instruction.
(e)  Infant services in resource specialist programs funded pursuant to this item shall be supported by one aide.
(f)  In determining the number of instructional personnel service units for which a special education local plan area may qualify, a minimum of six infants shall constitute eligibility for the initial unit. However, programs operating pursuant to Section 56425 shall be allowed a minimum of one initial unit for the 1985–86 fiscal year. When units are allocated pursuant to this subdivision, the Superintendent of Public Instruction shall allocate only the least expensive unit appropriate.
(g)  Beginning with the 1986–87 fiscal year, those programs operating pursuant to Section 56425 with fewer than six infants shall receive a partial unit, as determined by the Superintendent of Public Instruction.
(h)  Notwithstanding Sections 56211 and 56212, a special education local plan area may apply for, and the superintendent may grant, a waiver of any of the standards and criteria specified in this section if compliance would prevent the provision of a free, appropriate public education or would create undue hardship. In granting the waivers, the superintendent shall give priority to the following factors:
(1)  Applications from special education local plan areas for waivers for a period not to exceed three years to specifically maintain or increase the level of special education services necessary to address the special education service requirements of individuals with exceptional needs residing in sparsely populated districts or attending isolated schools designated in the application.
(A)  Sparsely populated districts are school districts that meet one of the following conditions:
(i)  A school district or combination of contiguous school districts in which the total enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive, and in which one or more of the school facilities is an isolated school.
(ii)  A school district or combination of contiguous school districts in which the total pupil density ratio is less than 15 pupils, kindergarten and grades 1 to 12, inclusive, per square mile and in which one or more of the school facilities is an isolated school.
(B)  Isolated schools are schools with enrollments of less than 600 pupils, kindergarten and grades 1 to 12, inclusive, that meet one or more of the following conditions:
(i)  The school is located more than 45 minutes average driving time over commonly used and well-traveled roads from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(ii)  The school is separated, by roads that are impassable for extended periods of time due to inclement weather, from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iii)  The school is of a size and location that, when its enrollment is combined with the enrollments of the two largest schools within an average driving time of not more than 30 minutes over commonly used and well-traveled roads, including schools in adjacent special education local plan areas, the combined enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iv)  The school is the one of normal attendance for a severely disabled individual, as defined in Section 56030.5, or an individual with a low-incidence disability, as defined in Section 56026.5, who otherwise would be required to be transported more than 75 minutes, average one-way driving time over commonly used and well-traveled roads, to the nearest appropriate program.
(2)  The location of licensed children’s institutions, foster family homes, residential medical facilities, or similar facilities within the boundaries of a local plan if 3 percent or more of the local plan’s unduplicated pupil count resides in those facilities.
(i)  By authorizing units pursuant to this section, the superintendent shall not increase the statewide total number of instructional personnel service units for purposes of state apportionments unless an appropriation specifically for growth in the number of instructional personnel service units is made in the annual Budget Act or other legislation. The allocation for implementation in the 1990–91 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000) provided by subdivision (a) of Provision 6 of Item 6110-161-001 of Section 2.00 of the Budget Act of 1990. If that growth appropriation is made, units authorized by the superintendent pursuant to this section are subject to the following restrictions:
(1)  The units shall be funded only by that growth appropriation and no other funds may be apportioned for the units.
(2)  All units shall be fully funded pursuant to Chapter 7 (commencing with Section 56700) of Part 30.
(j)  The superintendent shall monitor the use of instructional personnel service units retained or authorized by the granting of waivers pursuant to subdivision (h) to ensure that the instructional personnel service units are used in a manner wholly consistent with the basis for the waiver request.
(k)  Notwithstanding Section 56726 or 56731, or paragraph (2) of subdivision (e) of Section 56737 of the Education Code, or any other provision of law, the State Department of Education shall allocate funds for the 1995–96 fiscal year to those educational agencies receiving allocations for instructional personnel service units pursuant to this section based on computing 200-day entitlements. The 200-day entitlements shall not exceed 111 percent of the current entitlement for each educational agency. Notwithstanding any other provision of law, no funds shall be allocated pursuant to Section 56726 for the 1995–96 fiscal year for services provided to children with exceptional needs who are younger than three years of age.

SEC. 19.

 Section 66171 of the Education Code is amended to read:

66171.
 (a)  Each governing board shall charge duplicate degree tuition to a student who has earned a degree equivalent to or higher than the degree awarded by the program in which he or she is enrolled or who has earned a baccalaureate degree or postbaccalaureate degree and is enrolled without a declared degree objective.
(b)  No duplicate degree tuition shall be charged to a student who is any of the following:
(1)  A dislocated worker, as certified by a state agency in accordance with Title 3 of the federal Job Training Partnership Act.
(2)  A displaced homemaker, as defined in accordance with the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.).
(3)  A person who is an enrollee in any program leading to a credential or certificate that has been approved by the Commission on Teacher Credentialing.
(4)  A recipient of benefits under the Aid to Families with Dependent Children program, the Supplemental Security Income or State Supplementary Program, or a general assistance program.
(5)  A participant in the Executive Fellow Program, the Jesse M. Unruh Assembly Fellowship Program, or the California Senate Associates Program, administered by the Center for California Studies of California State University, Sacramento.
(c)  For purposes of this article, the following shall apply:
(1)  A degree earned in a joint degree or double-major program shall not be considered an equivalent degree earned prior to any other degree awarded by the joint degree or double-major program.
(2)  A program that awards a master’s degree as part of a course of study leading to a doctorate shall not be considered a program that awards the master’s degree, unless the stated objective of the student is to earn the master’s degree.

SEC. 20.

 Section 76300 is added to the Education Code, to read:

76300.
 (a)  The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)  The fee prescribed by this section shall be thirteen dollars ($13) per unit per semester.
The chancellor shall proportionately adjust the amount of the fee for term lengths based upon a quarter system and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the chancellor may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)  For the purposes of computing apportionments to community college districts pursuant to Section 84750, the chancellor shall subtract from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)  The chancellor shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)  The fee requirement does not apply to any of the following:
(1)  Students enrolled in the noncredit courses designated by Section 84711.
(2)  California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(f)  The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)  The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a recipient of benefits under the Aid to Families with Dependent Children program, the Supplemental Security Income/State Supplementary Program, or a general assistance program or has demonstrated financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. The governing board of a community college district also shall waive the fee requirements of this section for any student who demonstrates eligibility according to income standards established by the board of governors and contained in Section 58620 of Title 5 of the California Code of Regulations.
(h)  The fee requirements of this section shall be waived for any student who, at the time of enrollment is a dependent, or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, means a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)  It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) and (h).
From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) and (h). From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 7 percent of the fee waivers provided pursuant to subdivisions (g) and (h) for determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.
(j)  The board of governors shall adopt regulations implementing this section.

SEC. 21.

 Section 84751 of the Education Code is amended to read:

84751.
 In calculating each community college district’s revenue level for each fiscal year pursuant to subdivision (a) of Section 84750, the chancellor shall subtract, from the total revenues owed, all of the following:
(a)  The local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption.
(b)  Ninety-eight percent of the fee revenues collected pursuant to Section 76300 and 76330.
(c)  Motor vehicle license fees received pursuant to Section 11003.4 of the Revenue and Taxation Code.
(d)  Timber yield tax revenue received pursuant to Section 38905 of the Revenue and Taxation Code.
(e)  Any amounts received pursuant to Section 33492.15, 33607.5, or 33607.7 of the Health and Safety Code, and Section 33676 of the Health and Safety Code as amended by Section 2 of Chapter 1368 of the Statutes of 1990, that are considered to be from property tax revenues pursuant to those sections for the purposes of community college revenue levels, except those amounts that are allocated exclusively for educational facilities.
(f)  Ninety-eight percent of the revenues received through collection of a student fee from a student enrolled in the district who registered or enrolled between July 1, 1995 and the date this act becomes operative.

SEC. 22.

 Section 20750.94 of the Government Code is amended to read:

20750.94.
 The contribution of a school employer to the retirement fund with respect to school members and local members employed by a school district or a county superintendent of schools, and the contribution of any employer of a school member, as defined in Section 20019.2, for benefits provided by any provision of this part is increased by a sum equal to 0.308 percent of the compensation paid to those members.
This section shall remain in effect only until January 1, 1996, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 1996, deletes or extends that date.

SEC. 23.

 Section 96102 of the Government Code is amended to read:

96102.
 In order to develop a statewide strategy to provide academic support and guidance to each child who requires it, there is hereby created the Academic Volunteer and Mentor Service Program, to be administered by the office of the Governor. The Governor shall do all of the following:
(a)  Develop a statewide plan with the goal of matching every child who needs one with an academic mentor. For purposes of this chapter, “academic mentor” or “academic volunteer and mentor” means a volunteer who, as a participant in a local project funded under this chapter, supports the needs of the individual child with whom the volunteer is matched, including, but not limited to, strengthening the child’s academic preparation and achievement.
(b)  Develop state standards for the operation of local projects for the provision of academic volunteer and mentor services.
(c)  Develop a system for funding school districts and county superintendents of schools. These procedures shall be based on local need, including, but not limited to, all of the following indicators:
(1)  Size of schoolage population.
(2)  School dropout rates.
(3)  Pupil achievement.
(d)  Develop and implement a statewide public awareness and recruitment campaign for academic mentors.
(e)  Develop and implement a strategy to encourage and promote state employees to become academic mentors within their community.
(f)  Compile a statewide resource directory of successful academic mentor programs and organizations.

SEC. 24.

 Section 96103 of the Government Code is amended to read:

96103.
 No later than one year following the date on which funding is provided for the purposes of this chapter, and annually thereafter in any fiscal year for which funding is appropriated for the purposes of this chapter, the office of the Governor shall submit to the Legislature a report describing the progress and accomplishments of the Academic Volunteer and Mentor Service Program. The report also shall identify any barriers to the full achievement of the goals of the program, and shall include any recommended legislative changes in that regard.

SEC. 25.

 Section 96108 of the Government Code is repealed.

SEC. 26.

 Section 96109 of the Government Code is amended to read:

96109.
 (a)  The office of the Governor shall award grants to school districts and county superintendents of schools to administer the academic volunteer and mentor service program within the jurisdiction of each school district and county superintendents of schools to which a grant is awarded.
(b)  Grant funding awarded under this chapter shall be expended exclusively for the recruitment, screening, training, and placement of academic mentors in accordance with the purposes of this chapter, and for evaluation of the program established in this chapter. Each entity receiving grant funding under this chapter shall consult, and cooperate with, any teacher in whose classroom it is proposed that an academic mentor be placed.
(c)  No funds appropriated for the purposes of this chapter shall be allocated to any private school.
(d)  No displacement of any certificated or classified school employee shall occur as a result of the use of any academic mentor pursuant to this chapter.

SEC. 27.

 Section 96110 of the Government Code is amended to read:

96110.
 (a)  Any school district or county superintendents of schools desiring a grant under this article shall submit an application at the time, in the manner, and with the information that the office of the Governor may require. No funding shall be made available to any entity pursuant to this chapter unless all of the following conditions apply:
(1)  The project facility and services are open to children without regard to any child’s religious beliefs or any other factor related to religion.
(2)  No religious instruction is included in the project.
(3)  The space in which the project is operated is not utilized in any manner to foster religion during the time used for the project.
(b)  Each application shall include all of the following:
(1)  A description of activities for which assistance is requested.
(2)  A list of coapplicants, if any.
(3)  The number of children expected to be served.
(4)  A statement of goals of the program to be supported by the grant.
(5)  A statement of the applicant’s experience in the recruitment, placement, and training of volunteers and mentors. School districts and county superintendents of schools may contract with nonprofit organizations, experienced in operating volunteer mentor projects, for program operations.
(6)  A statement of how the applicant intends to recruit, screen, train, and place academic mentors.
(7)  A statement of how the entity will ensure that (A) academic volunteers and mentors will be required to undergo the same criminal and health checks that school employees are subject to prior to employment, and (B) no displacement of existing school employees will occur as a result of the use of academic volunteers and mentors.
(8)  A statement of the efforts the applicant will make to maximize the use of existing state, federal, and local funds from both public and private sources for the purposes of the project.
(9)  A plan for integration of the applicant’s efforts with other community-based children’s services.
(c)  Each recipient of grant funding under this chapter shall comply with the standards developed by the office of the Governor pursuant to subdivision (b) of Section 96102.

SEC. 28.

 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 .953649:
Property
Tax Reduction
per County
Alameda ........................
$ 27,323,576
Alpine ........................
5,169
Amador ........................
286,131
Butte ........................
846,452
Calaveras ........................
507,526
Colusa ........................
186,438
Contra Costa ........................
12,504,318
Del Norte ........................
46,523
El Dorado ........................
1,544,590
Fresno ........................
5,387,570
Glenn ........................
378,055
Humboldt ........................
1,084,968
Imperial ........................
998,222
Inyo ........................
366,402
Kern ........................
6,907,282
Kings ........................
1,303,774
Lake ........................
998,222
Lassen ........................
93,045
Los Angeles ........................
244,178,806
Madera ........................
809,194
Marin ........................
3,902,258
Mariposa ........................
40,136
Mendocino ........................
1,004,112
Merced ........................
2,445,709
Modoc ........................
134,650
Mono ........................
319,793
Monterey ........................
2,519,507
Napa ........................
1,362,036
Nevada ........................
762,585
Orange ........................
9,900,654
Placer ........................
1,991,265
Plumas ........................
71,076
Riverside ........................
7,575,353
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 ........................
1,096,468
Sierra ........................
97,103
Siskiyou ........................
467,390
Solano ........................
5,378,048
Sonoma ........................
5,455,911
Stanislaus ........................
2,242,129
Sutter ........................
831,204
Tehama ........................
450,559
Trinity ........................
50,399
Tulare ........................
4,228,525
Tuolumne ........................
740,574
Ventura ........................
9,412,547
Yolo ........................
1,860,499
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 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 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 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 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)  Any appropriation for fire protection received by a district pursuant to Section 25642 of the Government Code.
(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)  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.
(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)  Commencing with the 1994–95 fiscal year, and each fiscal year thereafter, if, after making the allocation 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 those excess funds to the county superintendent of schools. Funds allocated pursuant to this 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 56712 of the Education Code.
(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. 29.

 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 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 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 as defined in Section 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).
(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 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 service 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 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 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)  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 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. 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, that is not an excess tax school 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)  Commencing with the 1994–95 fiscal year, and each fiscal year thereafter, if, after making the allocation 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 those excess funds to the county superintendent of schools. Funds allocated pursuant to this 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 56712 of the Education Code.
(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. 30.

 Section 97.38 of the Revenue and Taxation Code is amended to read:

97.38.
 Notwithstanding any contrary provision in paragraph (4) of subdivision (d) of Section 97.3 and for the County of Marin only, commencing with the 1993–94 fiscal year, if, after making the allocations pursuant to paragraph (2) of subdivision (d) of Section 97.3 as required by subparagraph (A) of paragraph (4) of subdivision (d) of Section 97.3 and after making the allocation pursuant to subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3, the auditor determines that each community college district located entirely within that county is an excess school tax entity as defined in subdivision (n) of Section 95, the auditor shall then apply any remaining funds to reduce the amounts of those reductions calculated pursuant to this section with respect to the county, cities, and special districts in proportion to the amount of the reduction otherwise calculated under this section for each of those agencies.

SEC. 31.

 (a)  Notwithstanding Chapter 7 (commencing with Section 56700) of Part 30 of the Education Code, funds appropriated pursuant to schedule (b) of Item 6110-161-001 of Section 2.00 of the Budget Act of 1995 in excess of the amount necessary to fund the personnel services units computed pursuant to Section 56728.8 of the Education Code shall be available for allocation for the purposes of programs serving solely low-incidence infants and toddlers pursuant to Title 14 (commencing with Section 95000) of the Government Code. Allocations from those funds for those purposes shall be made only if the reimbursement amount received by the State Department of Education from the Department of Developmental Services pursuant to Title 14 (commencing with Section 95000) of the Government Code is not sufficient to fully fund the costs of operating the program set forth in that title.
(b)  Each local educational agency that has costs for operating the program pursuant to Title 14 (commencing with Section 95000) of the Government Code that exceed the funds allocated by the State Department of Education to it for that purpose, shall be eligible to receive from the funds described in subdivision (a) an amount not to exceed the amount computed according to the following formula:
(1)  Subtract the number of children under the age of three years with solely low-incidence disabilities served by the local educational agency in the 1992–93 fiscal year, as reported on the April 1993 pupils count made pursuant to Section 56728.5 of the Education Code, from the number of solely low-incidence children under three years of age that the local educational agency is projected to serve in the 1995–96 fiscal year.
(2)  Multiply the number determined in paragraph (1) by six thousand six hundred eighty dollars ($6,680). This is the maximum amount the local education agency shall be allocated pursuant to this section.

SEC. 32.

 (a)  Notwithstanding any other provision of law, funds allocated to each county superintendent of schools and each school district in the 1994–95 or 1995–96 fiscal year for adults in correctional facilities programs pursuant to Section 41841.5 of the Education Code shall not exceed the amount of funds received by each county superintendent of schools or each school district in the 1993–94 fiscal year for that purpose, subject to subdivision (b).
(b)  The total amount of funds allocated in the 1994–95 fiscal year and in the 1995–96 fiscal year to county superintendents of schools and school districts pursuant to subdivision (a) shall not exceed thirteen million four hundred thousand dollars ($13,400,000) for each fiscal year. If the total amount of funds allocated in the 1993–94 fiscal year to county superintendents of schools and school districts for adults in correctional facilities programs is greater than thirteen million four hundred thousand dollars ($13,400,000), the reduction in the amount to be allocated to county superintendents of schools and school districts shall be made on a pro rata basis by applying a deficit factor to each allocation that is computed by dividing the total amount of funds allocated to county superintendents of schools and school districts in the 1993–94 fiscal year by thirteen million four hundred thousand dollars ($13,400,000).
(c)  If a county superintendent of schools or a school district reduces or eliminates its adults in correctional facilities programs in the 1994–95 or 1995–96 fiscal year, and that reduction to, or elimination of, the program is not a direct result of the reduction, if any, required to be made to the allocation to the county superintendent of schools or a school district pursuant to subdivision (b), the allocation pursuant to this section to that county superintendent of schools or that school district shall be reduced by either an amount equal to the amount of the reduction in the actual expense of the program, or an amount that reflects the reduction in units of average daily attendance generated by the program, whichever is appropriate.
(d)  Any funds remaining after the reduction made pursuant to subdivision (c) shall be reallocated for the purposes of Section 41841.8 of the Education Code.
(e)  The total amount of funds to be allocated in the 1996–97 fiscal year for services provided in the 1995–96 fiscal year shall be increased by five hundred seventy-five thousand dollars ($575,000). Of the amount of the increase, two hundred three thousand dollars ($203,000) shall be allocated for expanded services and three hundred seventy-two thousand dollars ($372,000) shall be allocated for cost-of-living adjustments.

SEC. 33.

 The funds appropriated in Items 6110-156-001, 6110-158-001, 6110-161-001, 6110-196-001 and 6110-230-001 of Section 2.00 of the Budget Act of 1995 are in lieu of the amounts that would otherwise be required to be appropriated for the purposes identified in those items pursuant to any other provision of law.

SEC. 34.

 (a)  In addition to those amounts transferred pursuant to Section 60246 of the Education Code, the sum of twenty-four million seven hundred eighty-one thousand dollars ($24,781,000) is hereby appropriated from the General Fund to the State Instructional Materials Fund, for allocation as follows:
(1)  Nineteen million seven hundred eighty-seven thousand dollars ($19,787,000) shall be allocated for the purchase of instructional materials for kindergarten and grades 1 to 8, inclusive, pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33 of the Education Code.
(2)  Four million nine hundred ninety-four thousand dollars ($4,994,000) shall be allocated for the purchase of instructional materials for grades 9 to 12, inclusive, pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33 of the Education Code. Those allocations shall be in addition to the allocations required by Section 60247 of the Education Code.
(b)  The funds appropriated pursuant to this section shall be transferred for direct disbursement by the State Department of Education from the State Instructional Materials Fund.
(c)  For the purpose 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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 fiscal year and included within the “total allocations to school 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 1994–95 fiscal year.

SEC. 35.

 (a)  The sum of forty-seven million one hundred ninety-four thousand dollars ($47,194,000) is hereby appropriated from the General Fund in augmentation of Schedule (a) of Item 6870-101-001 of Section 2.00 of the Budget Act of 1994 for the purposes of apportionments to community college districts.
(b)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 36.

 (a)  Notwithstanding any other provision of the law, the sum of twenty-six million dollars ($26,000,000) is hereby appropriated for the purpose of providing one-time block grants to community college districts. The chancellor shall allocate these funds to community college districts in an amount per actual full-time equivalent student, calculated on a statewide basis for the 1994–95 fiscal year, for expenditure on deferred maintenance, instructional supplies, instructional equipment, and library materials, including equipment and materials that increase the use of modern technology for instructional purposes, but in no event shall an allocation to each community college district be less than fifty thousand dollars ($50,000).
(b)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 37.

 (a)  The sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the Department of Finance for transfer to the Office of Emergency Services for allocation to school districts for the purposes of providing a portion of the state’s 10 percent matching share required for the receipt of federal funds from the federal Emergency Management Agency for repair of elementary and secondary school facilities damaged in the January 17, 1994 Northridge Earthquake. These funds shall be available for this purpose only after all funds available for the purposes of the Leroy F. Greene State School Building Lease-Purchase Act of 1976 as set forth in Chapter 22 (commencing with Sec. 17700) of Part 10 of the Education Code for the same purpose have been allocated to districts pursuant to that chapter.
(b)  For the purpose 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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 fiscal year and included within the “total allocations to school 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 1994–95 fiscal year.

SEC. 38.

 (a)  The sum of five million dollars ($5,000,000) is hereby appropriated to the office of the Governor for the California Academic Volunteer and Mentor Service program created pursuant to Chapter 3 (commencing with Section 96100) of Title 15 of the Government Code. Notwithstanding any other provision of law, these funds shall be allocated to and administered by school districts and county offices of education submitting applications to the office of the Governor. The applications shall meet the criteria set forth in Section 96110 of the Government Code. School districts and county offices of education may contract with nonprofit organizations, experienced in operating volunteer mentor projects, for program operations. No funds shall be disbursed for this purpose until August 1, 1996, and any apportionment or allocation of funds appropriated for purposes of this section shall be accounted for in the 1995–96 fiscal year. For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code for the 1995–96 fiscal year and included within the “total allocations to school districts from General Fund proceeds of taxes appropriated pursuant to Article XIII  B,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1995–96 fiscal year.
(b)  Subdivision (a) shall only become operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective.

SEC. 39.

 (a)  The sum of seventeen million eight hundred one thousand dollars ($17,801,000) is hereby appropriated from the General Fund to the Controller for reimbursement, in accordance with the provisions of Section 6 of Article XIII  B of the California Constitution or Section 17561 of the Government Code, of costs incurred by school districts pursuant to Section 40043 of the Education Code for any of the 1985–86 to 1992–93 fiscal years, inclusive.
(b)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 40.

 (a)  The sum of ten million dollars ($10,000,000) is hereby appropriated to the State Department of Education for the purpose of allocating grants pursuant to Section 51877 of the Education Code, as enacted by the Morgan-Farr-Quackenbush Educational Technology Act of 1992 (Article 15 (commencing with Section 51870) of Chapter 5 of Part 28 of the Education Code). Notwithstanding any other provision of law, in the allocation of funds appropriated by this section, first priority shall be given to those applications that include acquisition of donated computers refurbished by a community college, regional occupational program or center, or an institution of the Youth and Adult Corrections Agency. Funds used to acquire donated computers shall be used to purchase parts or supplies, or both, needed by the community college, regional occupational program or center, or the Youth and Adult Corrections Agency technical training programs to refurbish the donated computers. The State Department of Education shall inform all local educational agencies of the availability of this option and shall provide information to local educational agencies regarding where refurbished computers may be acquired.
(b)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 41.

 (a)  The sum of twenty-four million seven hundred eighty-one thousand dollars ($24,781,000) is hereby appropriated from the General Fund and transferred to the State School Deferred Maintenance Fund.
(b)  The funds appropriated by subdivision (a) shall be used for deferred maintenance projects described in Section 39618 of the Education Code, but shall be limited to those projects that, in the absence of maintenance, repair, or modernization, could result in serious damage to the remainder of a school facility or would result in a serious hazard to the health and safety of the pupils who enter the facility.
(c)  Any school district that is eligible for funding pursuant to Section 39619 of the Education Code is eligible to receive funds appropriated by subdivision (a). The State Allocation Board shall allocate these funds to school districts based on the criteria specified in subdivision (b) and any additional criteria established by the board to identify a qualifying deferred maintenance project. Funding allocated by the State Allocation Board shall be matched by school districts, consistent with the matching requirements set forth in Section 39619 of the Education Code.
(d)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 42.

 (a)  The sum of three million five hundred forty thousand dollars ($3,540,000) is hereby appropriated from the General Fund for transfer by executive order of the Director of Finance to the Controller, for reimbursement of claims received by the Redwood City School District for costs of operating its voluntary desegregation program operated pursuant to Sections 42247 and 42249 of the Education Code for the 1994–95 fiscal year.
(b)  The sum of sixteen million seven hundred twenty-eight thousand dollars ($16,728,000) is hereby appropriated from the General Fund for transfer by executive order of the Director of Finance to the Controller, for reimbursement of claims received by the following school districts for costs of court ordered and voluntary desegregation programs operated pursuant to Sections 42243.6, 42247, and 44429 of the Education Code.
The appropriation made by this subdivision shall be allocated according to the following schedules:
(1) School District
Reimbursement
amount for the 1990-91 fiscal year
Bakersfield City School District
court-ordered desegregation ........................ $182,400
Brawley Elementary School District
voluntary desegregation ........................ 200
Gilroy Unified School District
voluntary desegregation ........................ 169,200
Hanford Unified School District
voluntary desegregation ........................ 400
Los Angeles Unified School District
court-ordered desegregation ........................ 357,500
Los Angeles Unified School District
voluntary desegregation ........................ 446,900
Merced City Elementary School District
voluntary desegregation ........................ 700
Monterey Peninsula Unified School District
voluntary desegregation ........................ 6,600
North Monterey County Unified School District
voluntary desegregation ........................ 1,400
Oakland Unified School District
voluntary desegregation ........................ 200
Pajaro Valley Unified School District
voluntary desegregation ........................ 146,700
Palo Alto Unified School District
court-ordered desegregation ........................ 61,600
Redwood City Elementary School District
court-ordered desegregation ........................ 4,100
San Jose Unified School District
voluntary desegregation ........................ 30,100
San Mateo City Elementary School District
voluntary desegregation ........................ 4,900
Santa Barbara City Elementary School District
voluntary desegregation ........................ 200
Santa Monica-Malibu School District
voluntary desegregation ........................ 43,400
Sequoia Union High School District
court-ordered desegregation ........................ 164,600
Stockton Unified School District
court-ordered desegregation ........................ 423,600
Sunnyvale Elementary School District
voluntary desegregation ........................ 1,800
Ventura Unified School District
voluntary desegregation ........................ 2,100
Whittier Union High School District
voluntary desegregation ........................ 38,500
(2) School District

Reimbursement amount for the 1991-92 fiscal year
ABC Unified School District
voluntary desegregation ........................ $24,800
Bakersfield City Elementary School District
voluntary desegregation ........................ 18,200
Banning Unified School District
voluntary desegregation ........................ 2,000
Brawley Elementary School District
voluntary desegregation ........................ 12,500
Chula Vista City Unified School District
voluntary desegregation ........................ 10,500
Duarte Unified School District
voluntary desegregation ........................ 1,800
Eastside Union High School District
voluntary desegregation ........................ 10,500
El Centro Elementary School District
voluntary desegregation ........................ 8,500
Fresno Unified School District
voluntary desegregation ........................ 139,100
Gilroy Unified School District
voluntary desegregation ........................ 272,500
Hanford School District
voluntary desegregation ........................ 2,200
La Hambra City School District
voluntary desegregation ........................ 2,700
Long Beach Unified School District
voluntary desegregation ........................ 282,700
Los Angeles Unified School District
voluntary desegregation ........................ 1,822,200
Oakland City Unified School District
voluntary desegregation ........................ 6,200
Menlo Park Elementary School District
court-ordered desegregation ........................ 10,300
Merced City Elementary School District
voluntary desegregation ........................ 10,300
Monterey Peninsula Unified School District
voluntary desegregation ........................ 14,100
Oxnard Elementary School District
voluntary desegregation ........................ 90,500
Pajaro Valley Unified School District
voluntary desegregation ........................ 240,400
Palo Alto Unified School District
court-ordered desegregation ........................ 518,200
Pittsburg Unified School District
voluntary desegregation ........................ 2,400
Ravenwood City Elementary School District
court-ordered desegregation ........................ 4,700
Riverside Unified School District
voluntary desegregation ........................ 17,200
San Bernardino City Unified School District
court-ordered desegregation ........................ 1,249,700
San Bernardino City Unified School District
voluntary desegregation ........................ 228,400
San Diego Unified School District
court-ordered desegregation ........................ 1,147,500
San Diego Unified School District
voluntary desegregation ........................ 269,300
San Jose City Unified School District
court-ordered desegregation ........................ 215,500
San Jose City Unified School District
voluntary desegregation ........................ 101,900
San Mateo-Foster City School District
voluntary desegregation ........................ 17,600
San Mateo Union High School District
voluntary desegregation ........................ 4,600
Santa Barbara School District
voluntary desegregation ........................ 600
Santa Clara County Office of Education
court-ordered desegregation ........................ 2,400
Santa Monica-Malibu School District
voluntary desegregation ........................ 131,600
Sequoia Union High School District
court-ordered desegregation ........................ 194,400
Sequoia Union High School District
voluntary desegregation ........................ 7,300
Stockton Unified School District
court-ordered desegregation ........................ 1,039,700
Sunnyvale Elementary School District
voluntary desegregation ........................ 9,000
Sweetwater Union High School District
voluntary desegregation ........................ 12,500
Whittier Union High School District
voluntary desegregation ........................ 76,800
(3) School District
Reimbursement amount for the 1992-93 fiscal year
Los Angeles Unified School District
court-ordered desegregation ........................ 3,930,200
Menlo Park Elementary School District
court-ordered desegregation ........................ 6,600
Palo Alto Unified School District
court-ordered desegregation ........................ 63,100
Ravenwood City Elementary School District
court-ordered desegregation ........................ 3,000
Redwood City Elementary School District
court-ordered desegregation ........................ 56,300
San Bernadino City Unified School District
court-ordered desegregation ........................ 566,300
San Diego Unified School District
court-ordered desegregation ........................ 1,186,300
San Jose Unified School District
court-ordered desegregation ........................ 33,400
Santa Clara County Office of Education
court-ordered desegregation ........................ 1,100
Sequoia Union High School District
court-ordered desegregation ........................ 91,000
Stockton Unified School District
court-ordered desegregation ........................ 470,300
(c)  Funds appropriated by this section for deficiencies in desegregation program funding for the 1992–93 fiscal year does not imply that funding will be provided for this purpose in years subsequent to 1993–94. It is the intent of the Legislature to reimburse school districts for unfunded final audited claims for court-ordered desegregation programs for the 1993–94 fiscal year. This section shall not be construed as a requirement for the payment of any other deficits in the funding levels for the remaining categorical programs contained in Item Number 6110-230-000 of Section 2.00 of any budget act.
(d)  The sum of thirty-one million two hundred sixty-two thousand dollars ($31,262,000) is hereby appropriated from the General Fund for partial payment of the Settlement Agreement and Stipulation dated March 31, 1995, in Long Beach Unified School District v. State of California (Case No. 606020). In accordance with that Settlement Agreement and Stipulation, the Controller shall pay, on or before September 1, 1995, thirty-one million two hundred sixty-two thousand dollars ($31,262,000) to the Long Beach Unified School District.
(e)  The appropriations made by subdivisions (a) and (b) are subject to all of the following:
(1)  The funds are for reimbursement of amounts necessary to pay the costs of desegregation programs, as defined in Section 42249 of the Education Code, initiated voluntarily by local education agencies and pursuant to a court order and for the costs of audits as required by paragraph (2).
(2)  Before submittal of a claim to the Controller for payment, school districts shall subject their past year actual claims to audit, in accordance with standards utilized by the Controller in prior years for the audit of past year actual desegregation claims, to ensure its claim complies with the requirements of Sections 42247, 42247.1, 42248, 42249 and 42249.2 of the Education Code. School districts may contract with the Controller for the performance of those audits. All past year actual claims submitted to the Controller for payment shall be accompanied by any reports issued by the auditing entity, unless the auditing entity was the Controller.
(3)  The Controller shall only reimburse those past year actual claims that conform to the requirements of paragraph (2).
(4)  The Controller shall allocate funds appropriated in this section in accordance with Section 42247 of the Education Code. The Controller shall reimburse these claims only from funds appropriated specifically for that purpose by the Legislature.
(5)  The Controller shall allocate funds appropriated in this section in accordance with the schedule contained herein, unless a revision of that schedule has been approved by the Department of Finance.
(6)  The Department of Finance may not authorize any revisions to the schedule in this section sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
(7)  Funds appropriated in this item shall not be used to reimburse claims by school districts for facilities lease costs, school construction, reconstruction, replacement of facilities, purchase of existing facilities, purchase of land, or the performance of deferred maintenance activities on facilities.
(8)  Effective July 1, 1991, and notwithstanding any other provision of law to the contrary, no school district shall be required to comply with Sections 90 to 101, inclusive, of Title 5 of the California Code of Regulations. Any costs incurred after that date in compliance with those regulations shall be deemed incurred voluntarily and shall not be reimbursable as a state-mandated local program. Nothing in this provision shall be interpreted to deny reimbursement of claims for court-ordered or voluntary desegregation plans or programs.
(f)  For the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivisions (a), (b), and (c) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 43.

 (a)  The sum of three million eight hundred fifteen thousand dollars ($3,815,000) is hereby appropriated from the General Fund for transfer to Section A of the State School Fund to provide partial funding for the deficiency in the amount of state funds previously appropriated in the 1994–95 fiscal year for special education programs and services.
(b)  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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 44.

 Revenues collected pursuant to Section 11489 of the Health and Safety Code from the forfeiture and seizure of property are not “General Fund proceeds of taxes which may be appropriated pursuant to Article XIII  B,” as defined in subdivision (b) of Section 41202 of the Education Code or “allocated local proceeds of taxes as defined in subdivision (a) of Section 41202 of the Education Code.” Consequently, for the purpose of making computations pursuant to Section 8 of Article XVI if the California Constitution, allocations to school districts made pursuant to Section 32235 of the Education Code, from asset forfeiture revenues are not “General Fund revenue proceeds of tax moneys to be applied by the state for the support of school districts and community college districts,” as defined in subdivision (f) of Section 41202 of the Education Code.

SEC. 45.

 Notwithstanding any other provision of law, for the purposes of Sections 14002, 14004, and 41301, for the 1996–97 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, and as adjusted by the deficit factor specified for the fiscal year in Section 42238.145, and the revenue limits of county superintendents of schools as determined pursuant to Section 2558 and as adjusted by the deficit factor specified in for the fiscal year in to Section 2558.45.

SEC. 46.

 Item 6110-230-001 of Section 2.00 of the Budget Act of 1995 provides funding to school agencies that qualify for desegregation funding. The San Francisco Unified School District has been approved to receive funding in the amount of five million four hundred forty-eight five hundred forty-six dollars ($5,448,546) as a result of claims for desegregation costs in the 1984–85, 1985–86, 1986–87, 1988–89, and 1989–90 fiscal years. Audits identified that the San Francisco Unified School District received overpayments for desegregation programs in the 1991–92 fiscal year in the amount of two million forty-eight thousand six hundred thirty-five dollars ($2,048,635). This latter amount that the San Francisco Unified School District received in overpayment for the 1991–92 fiscal year shall constitute full and complete payment for all claims for desegregation costs in the 1984–85, 1985–86, 1986–87, 1987–88, 1988–89, and 1989–90 fiscal years.

SEC. 47.

 The governing board of a community college district shall charge the fee described in Section 76300 of the Education Code, as added by this act, to a student enrolled in the community college district who registered or enrolled between July 1, 1995, and the date upon which this act becomes operative.

SEC. 48.

 The sum of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for purposes of allocating funds for social tolerance resource centers, established pursuant to Chapter 3.65 (commencing with Section 44776.1) of Part 25 of the Education Code, as added by this act. For 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 to school districts” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 49.

 The sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for purposes of allocating funds for Latino heritage resource centers, established pursuant to Chapter 3.66 (commencing with Section 44777.1) of Part 25 of the Education Code, as added by this act. For 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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 50.

 Notwithstanding Sections 61 and 62 of Chapter 66 of the Statutes of 1993, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund in partial discharge of the emergency loans to school districts and community college districts made in Sections 21 and 25 of Chapter 703 of the Statutes of 1992, and Sections 48 and 49 of Chapter 66 of the Statutes of 1993. For 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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1994–95 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 1994–95 fiscal year.

SEC. 51.

 Notwithstanding Sections 61 and 62 of Chapter 66 of the Statutes of 1993, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund in partial discharge of the emergency loans to school districts and community college districts made in Sections 21 and 25 of Chapter 703 of the Statutes of 1992, and Sections 48 and 49 of Chapter 66 of the Statutes of 1993. For 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 to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1995–96 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 1995–96 fiscal year.

SEC. 52.

 (a)  The sum of ten million ($10,000,000) is hereby appropriated from the General Fund for the purposes of the Healthy Start Support Services for Children Act pursuant to Chapter 5 (commencing with Section 8800) of Part 6 of the Education Code. No funds shall be disbursed for this purpose until August 1, 1996, and any apportionment or allocation of funds appropriated for purposes of this Section shall be accounted for in the 1995–96 fiscal year. For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1995–96 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 1995–96 fiscal year.
(b)  Subdivision (a) shall only become operative if the Director of Finance certifies to the Superintendent of Public Instruction that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective.

SEC. 53.

 (a)  The sum of fifteen million dollars ($15,000,000) is appropriated from the General Fund for the purpose of a statewide pupil assessment program established pursuant to legislation enacted during the 1995–96 Regular Session of the Legislature. No funds shall be disbursed for this purpose until August 1, 1996, and only if legislation is enacted that establishes a statewide pupil assessment program. Any apportionment or allocation of funds appropriated for purposes of this section shall be accounted for in the 1995–96 fiscal year.
For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 1995–96 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 1995–96 fiscal year.
(b)  Subdivision (a) shall only become operative if the Director of Finance certifies to the Superintendent of Public Instruction that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective.

SEC. 54.

 (a)  The sum of two hundred seventy-nine million three hundred twenty-seven thousand dollars ($279,327,000) is hereby appropriated from the General Fund for transfer to Section A of the State School Fund for allocation to school districts and county offices of education on the basis of an equal amount per unit of average daily attendance for the 1994–95 second principal apportionment. That allocation shall be used for instructional materials, deferred maintenance, education technology, or any other non-recurring costs.
(b)  Prior to the use of funds appropriated in subdivision (a), the governing board of the school district or county board of education shall hold a public hearing or hearings at which time the board shall report on the needs of, and resources for, instructional materials, deferred maintenance, education technology and any other non-recurring costs in the district or county office of education. The board shall encourage the participation of parents, teachers, members of the community interested in the affairs of the school district or county office of education, and bargaining unit leaders. The board shall provide 10 days’ notice of the public hearing or hearings. The notice shall contain the time, place, and purpose of the hearing and shall be posted in three public places. The board may include the hearing specified in this section as part of any regularly scheduled meeting.
(c)  Prior to the use of funds appropriated in subdivision (a) for non-recurring costs related to employee compensation, the governing board of the school district or the county board of education shall hold a public hearing or hearings, in addition to the hearing or hearings provided in subdivision (b), at which time the board shall report on the needs of and resources for instructional materials, deferred maintenance, and education technology. The board shall encourage the participation by parents, teachers, members of the community interested in the affairs of the school district or county office of education, and bargaining unit leaders. The board shall provide 10 days’ notice of the public hearing or hearings. The notice shall contain the time, place, and purpose of the hearing. The board may include the hearing specified in this section as part of any regularly scheduled meeting.
(d)  The appropriation made in subdivision (a) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202, for the 1994–95 fiscal year and “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, for purposes of Section 8 of Article XVI of the California Constitution.

SEC. 55.

 It is the intent of the Legislature that, in the event that this bill passes the Assembly and the Senate, this bill shall be presented to the Governor for consideration at the same time that the Budget Bill is presented to the Governor for consideration.

SEC. 56.

 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 effectuate the necessary statutory changes to implement the Budget Act of 1995, it is necessary that this act take effect immediately.