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SB-735 Education.(2001-2002)



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SB735:v94#DOCUMENT

Senate Bill No. 735
CHAPTER 891

An act to amend Sections 10554, 41203.1, 45023.1, 52057, 60810, 87885, 92900, and 92901 of, to add Sections 42238.146, 56836.095, 56836.158, and 56836.159 to, to add Chapter 2.5 (commencing with Section 54200) to Part 29 of, and to repeal Sections 42243.6, 42243.8, 42243.9, 42246, 42247, 42247.1, 42247.2, 42247.3, 42247.4, 42247.5, 42249, 42249.2, 42249.4, 42249.6, 42249.65, and 42249.8 of, the Education Code, to amend Item 6110-132-0001 of, and to add Item 6110-128-0001 to, Section 2.00 of the Budget Act of 2001, relating to education, making an appropriation therefor, declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  October 13, 2001. Filed with Secretary of State  October 14, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 735, Committee on Budget and Fiscal Review. Education.
(1) Existing law, until January 1, 2002, establishes the Educational Telecommunication Fund in order for the governing board of the County Office Fiscal Crisis and Management Assistance Team to carry out its responsibilities regarding the establishment of telecommunications standards to support the efficient sharing of school business and administrative information and requires that the amount of any offset made to the principal apportionments of school districts because the apportionments were not in accordance with law be deposited in the fund for a maximum deposit of $10,000,000.
This bill would change the date upon which the Educational Telecommunication Fund becomes inoperative to January 1, 2003. The bill would also increase the maximum amount that may be annually deposited in the fund to $15,000,000.
(2) Existing law requires, for the 1990–91 fiscal year and each fiscal year thereafter, that moneys to be applied by the state for the support of school districts and community college districts be distributed in accordance with certain calculations. This provision does not apply to the fiscal years between the 1992–93 fiscal year and the 2000-01 fiscal year, inclusive.
This bill would, instead, make this provision inapplicable to the fiscal years between the 1992–93 fiscal year and the 2001–02 fiscal year, inclusive.
(3) Existing law requires the Controller during each fiscal year to transfer from the General Fund to Section A of the State School Fund certain sums, as certified by the Superintendent of Public Instruction, for apportionment during the fiscal year.
This bill would require the Superintendent of Public Instruction to certify to the Controller amounts that do not exceed amounts needed to fund the revenue limits of school districts and county superintendents of schools and the revenue limit portion of charter school operational funding, as those amounts are determined by specified statutes.
(4) Existing law requires, and provides a mechanism for, reimbursement of certain school district costs associated with compliance with desegregation plans.
This bill would repeal provisions governing funding of court-ordered and voluntary desegregation plans. The bill would combine funding for those programs and establish the Targeted Instructional Improvement Grant to fund the costs of any court-ordered desegregation program, if the order exists and is still in force, and to provide instructional improvement for the lowest achieving pupils in a district.
(5) Existing law authorizes the governing board of a school district, the county superintendent of schools, or the county boards of education, commencing with the 2000–01 fiscal year, to increase the lowest salary on the salary schedule for a certificated employee that meets certain requirements by designating as the lowest salary on the salary schedule an amount that is at least $34,000 in the 2000–01 fiscal year. Existing law sets forth procedures for reimbursement for the cost of the increase and requires claims forms to be filed with the Superintendent of Public Instruction by March 1, 2001.
This bill would allow claims forms to be filed until September 30, 2001.
(6) Existing law requires the State Board of Education to establish a Governor’s Performance Award Program to provide monetary and nonmonetary awards to schools that meet or exceed Academic Performance Index performance growth targets and demonstrate comparable improvement in academic achievement by all numerically significant ethnic and socioeconomically disadvantaged subgroups within schools. Existing law requires the monetary awards to be made available on either a per pupil or per school basis, not to exceed $150 per pupil enrolled.
This bill would provide that monetary awards be awarded only to schools whose Academic Performance Index scores meet or exceed their growth targets or increase by 5 points, whichever is greater, and in which all numerically significant subgroups’ scores meet or exceed 80% of the school’s growth target or increase by 4 points, whichever is greater. The bill would limit the amount of the monetary award to $150 per pupil who received a score on the annual achievement test and standards based achievement test that are part of the Standardized Testing and Reporting program.
(7) Existing law requires that certain computations be made to determine the amount of funding for each special education local plan area for the fiscal year in which the computation is made.
This bill would require the Superintendent of Public Instruction to permanently increase the amount per unit of average daily attendance of each special education local plan area, would provide an equalization adjustment, and would set forth a formula for determining the amount of the increase and adjustment.
(8) Existing law requires the Superintendent of Public Instruction to develop or acquire a test that assesses the English language development of pupils whose primary language is a language other than English and requires the test to be used to identify pupils who are limited English proficient, to determine the level of English language proficiency of pupils who are limited English proficient, and to assess the progress of limited-English-proficient pupils in acquiring the skills of listening, reading, speaking, and writing in English.
This bill would require the Superintendent of Public Instruction to apportion funds appropriated for this purpose to enable school districts to use the tests for the purposes listed above and would require the State Board of Education to establish the amount of funding to be apportioned per test administered, based on a review of the cost per test. The bill would provide that the amount of funding to be apportioned per test is not valid without the approval of the Director of Finance.
(9) Under existing law, the governing board of a community college district may provide compensation for office hours to part-time faculty. As part of that program, existing law requires the Chancellor of the California Community Colleges to apportion to each district that establishes a program funding in an amount equal to $2 for every $1 paid for office hours of part-time faculty, as defined, by a district. Existing law provides that the allocation to any district in a fiscal year may not exceed 2/3 of the total costs of compensation paid for office hours of part-time faculty.
This bill would instead require the chancellor to apportion to each district up to 50% of the total costs of the compensation paid for office hours of part-time faculty. The bill would provide that the allocation to any district in a fiscal year may not exceed 50% of the total costs of compensation paid for those office hours.
(10) Existing law authorizes the Regents of the University of California to establish 3 California Institutes for Science and Innovation for the purpose of combining technological and scientific research and training and educating future scientists and technological leaders.
This bill would authorize the regents to establish a 4th institute for science and innovation. The bill would express legislative intent to appropriate a total of $100,000,000 during the 2001–02, 2002–03, and 2003–04, and 2004–05 fiscal years for this purpose.
(11) Existing law, which ceased to be operative on June 30, 1987, provided a method of impact aid allocation that allowed efforts initiated under educationally disadvantaged youth programs and bilingual education programs to continue and expand so long as the need exists. Under existing law, funding for this program may continue beyond June 30, 1987, for the general purposes of the program.
This bill would appropriate $465,623,000 from the General Fund to the State Department of Education for transfer to Section A of the State School Fund for purposes of the Economic Impact Aid Program, and would make a related change.
(12) This bill would set the cost-of-living adjustment for certain items contained in the Budget Act of 2001 at 3.87%.
(13) Existing law requires the Superintendent of Public Instruction to compute, for the 2001–02 fiscal year, an equalization adjustment for each school district so that no district’s prior year base revenue limit per unit of average daily attendance is less than the prior year base revenue limit per unit of average daily attendance above which fall not more than 10% of the total statewide units of average daily attendance for the appropriate size and type of district.
This bill would appropriate $40,000,000 from the Proposition 98 Reversion Account to the Superintendent of Public Instruction for the purpose of implementing the equalization adjustment.
(14) The Budget Bill for the 2001–02 fiscal year, as passed by the Legislature, appropriated funds for support of the California Community Colleges. When the Governor approved this bill, which became the Budget Act of 2001, he reduced these funds, among others.
This bill would appropriate $112,859,000 to the Chancellor and Board of Governors of the California Community Colleges in augmentation of specified items of the Budget Act of 2001, as scheduled.
(15) Certain funds appropriated from the General Fund by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(16) The 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 10554 of the Education Code is amended to read:

10554.
 (a) In order for the governing board to carry out its responsibilities pursuant to this chapter, there is hereby established the Educational Telecommunication Fund. The amount of moneys to be deposited in the fund shall be the amount of any offset made to the principal apportionments made pursuant to Sections 1909, 2558, 42238, 52616, Article 1.5 (commencing with Section 52335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section 56836) of Part 30, based on a finding that these apportionments were not in accordance with law. The maximum amount that may be annually deposited in the fund from the offset shall be fifteen million dollars ($15,000,000). The Controller shall establish an account to receive and expend moneys in the fund. The placement of the moneys in the fund shall occur only upon a finding by the Superintendent of Public Instruction and the Director of Finance that the principal apportionments made pursuant to Sections 1909, 2558, 42238, 52616, and Article 1.5 (commencing with Section 52335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section 56836) of Part 30 were not in accordance with existing law and were so identified pursuant to Sections 1624, 14506, 41020, 41020.2, 41320, 42127.2, and 42127.3, or an independent audit that was approved by the State Department of Education.
(b) Moneys in the fund established pursuant to subdivision (a) shall only be available for expenditure upon appropriation by the Legislature in the Budget Act.
(c) The moneys in the fund established pursuant to subdivision (a) may be expended by the governing board to carry out the purposes of this chapter, including for the following purposes:
(1) To support the activities of the team established pursuant to subdivision (c) of Section 10551.
(2) To assist the school districts and county superintendents of schools in purchasing both hardware and software to allow school districts, county superintendents of schools, and the State Department of Education to be linked for school business and administrative purposes. The governing board shall establish a matching share requirement that applicant school districts and county superintendents of schools must fulfill to receive those funds. It is the intent of the Legislature to encourage the distribution of grants to school districts and county superintendents of schools to the widest extent possible.
(3) To provide technical assistance through county offices of education to school districts in implementing the standards established pursuant to subdivision (a) of Section 10552.
(d) This section shall become inoperative as of January 1, 2003.

SEC. 2.

 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 fiscal years between the 1992–93 fiscal year and the 2001–02 fiscal year, inclusive.

SEC. 3.

 Section 42238.146 is added to the Education Code, to read:

42238.146.
 Notwithstanding any other provision of law, for purposes of Sections 14002, 14004, and 41301, for the 2000–01 fiscal year and each fiscal year thereafter, 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, the revenue limits of county superintendents of schools, as determined pursuant to Section 2558, and the revenue limit portion of charter school operational funding, as determined pursuant to Section 47633.

SEC. 4.

 Section 42243.6 of the Education Code is repealed.

SEC. 5.

 Section 42243.8 of the Education Code is repealed.

SEC. 6.

 Section 42243.9 of the Education Code is repealed.

SEC. 7.

 Section 42246 of the Education Code is repealed.

SEC. 8.

 Section 42247 of the Education Code is repealed.

SEC. 9.

 Section 42247.1 of the Education Code is repealed.

SEC. 10.

 Section 42247.2 of the Education Code is repealed.

SEC. 11.

 Section 42247.3 of the Education Code is repealed.

SEC. 12.

 Section 42247.4 of the Education Code is repealed.

SEC. 13.

 Section 42247.5 of the Education Code is repealed.

SEC. 14.

 Section 42249 of the Education Code is repealed.

SEC. 15.

 Section 42249.2 of the Education Code is repealed.

SEC. 16.

 Section 42249.4 of the Education Code is repealed.

SEC. 17.

 Section 42249.6 of the Education Code is repealed.

SEC. 18.

 Section 42249.65 of the Education Code is repealed.

SEC. 19.

 Section 42249.8 of the Education Code is repealed.

SEC. 20.

 Section 45023.1 of the Education Code is amended to read:

45023.1.
 (a) Commencing with the 2000–01 fiscal year, the governing board of a school district, the county superintendent of schools, or the county board of education may increase, for teachers meeting the requirements prescribed by this section, the salary on its adopted certificated employee salary schedule as provided in subdivision (b). For purposes of this section, any teacher for whom the governing board, county superintendent of schools, or county board of education may increase salaries shall meet all of the following criteria:
(1) Hold a valid California teaching credential, not including an emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the district or county office.
(b) The governing board, county superintendent of schools, or county board of education that increases its salaries pursuant to subdivision (a) shall perform the following computations:
(1) The governing board, county superintendent of schools, or county board of education shall designate as the lowest salary on the salary schedule for a certificated employee meeting the criteria in subdivision (a) an amount that is at least an annual salary of thirty-four thousand dollars ($34,000) in the 2000–01 fiscal year.
(2) The governing board, county superintendent of schools, or county board of education shall increase to the annual salary amount in paragraph (1) the salary of any certificated employee meeting the criteria in subdivision (a) whose salary on the salary schedule for the 1999–2000 fiscal year was less than the amount computed in paragraph (1) and, notwithstanding Section 45028, shall incorporate that increase into the salary schedule commencing with the 2000–01 fiscal year.
(c) Each school district or county office of education that increases its beginning teacher annual minimum salary to thirty-four thousand dollars ($34,000) pursuant to subdivision (b) shall elect, except as provided in subdivision (j), to receive reimbursement for the cost of the increase pursuant to only one of the following two options:
(1) Option One:
(A) In fiscal year 2000–01, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option One shall receive an amount equal to six dollars ($6) times the district’s or county office’s second principal apportionment average daily attendance for the 1999–2000 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(B) Divide the amount received from the state pursuant to subparagraph (A) for the 2000–01 fiscal year by the school district or county office of education second principal apportionment average daily attendance for the 1999–2000 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(C) For the 2001–02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district’s second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district’s second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(D) For the 2001–02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education’s second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education’s second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(E) The school district, county superintendent of schools, or county office of education shall utilize these incentive funds not only to meet the new beginning teacher annual minimum salary of thirty-four thousand dollars ($34,000), but may also use the funds to generally enhance teachers’ salaries in order to achieve the goals of retention of qualified, competent, and experienced teachers and the attainment of a reasonable salary commensurate with a teacher’s experience, education, and responsibilities.
(2) Option Two: A school district, county superintendent of schools, or county office of education may submit a request to the Superintendent of Public Instruction, on a form supplied by the Superintendent of Public Instruction, for state funding computed as follows:
(A) Total the salaries of all certificated employees receiving increased salaries up to a maximum of thirty-four thousand dollars ($34,000) per person pursuant to subdivision (b) for the 2000–01 fiscal year.
(B) Total all salaries, based on the salary schedule for the 2000–01 fiscal year before the increase made pursuant to subdivision (b), of all certificated employees receiving increased salaries pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district’s statutory benefit rates.
(E) For the 2000–01 fiscal year, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option Two shall receive the sum of paragraphs (C) and (D).
(F) Divide the sum of the amounts received pursuant to paragraphs (C) and (D) for the 2000–01 fiscal year by the school district and county office of education average daily attendance for the second principal apportionment for the 2000–01 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(G) For the 2001–02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district’s second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district’s second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(H) For the 2001–02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education’s second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education’s second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8.
(d) Any state funds received pursuant to this section and not used pursuant to the conditions of this section shall be returned to the state.
(e) If the funds requested by the school districts, the county superintendents of schools, and the county offices of education for the 2000–01 fiscal year exceed the state appropriation for this section, the Superintendent of Public Instruction shall reduce all requests by the application of a single, common percentage factor for apportionment purposes, so as not to exceed the amount appropriated for this purpose.
(f) A school district or county office of education shall receive reimbursement pursuant to subdivision (c) only. However, this section does not prohibit a school district and its employees from negotiating salary schedules.
(g) The adjustments to school district and county office of education revenue limits prescribed in subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, shall continue so long as the increase in the salary schedule made pursuant to paragraph (2) of subdivision (b) or subdivision (i) is maintained.
(h) The Superintendent of Public Instruction shall issue appropriate forms to school districts and county offices of education no later than September 1, 2000. School districts, county superintendents of schools, or county offices of education shall notify the Superintendent of Public Instruction no later than September 30, 2001, regarding which option they wish to exercise for the 2000–01 fiscal year. School districts, county superintendents of schools, or county offices of education shall file their claim form for state funds with the Superintendent of Public Instruction no later than September 30, 2001.
(i) Adjustments made to school district or county office of education revenue limits pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, shall not be considered part of the base revenue limit for the purpose of computing equalization adjustments or determining other wealth-related differences in school funding.
(j) Notwithstanding subdivision (c), a school district or county office of education that already has as the annual minimum salary for beginning teachers who meet the criteria in subdivision (a) in an amount equal to or greater than thirty-four thousand dollars ($34,000) shall be eligible to receive reimbursement pursuant to Option One.

SEC. 21.

 Section 52057 of the Education Code is amended to read:

52057.
 (a) The State Board of Education shall establish a Governor’s Performance Award Program to provide monetary and nonmonetary awards to schools that meet or exceed API performance growth targets established pursuant to Section 52052, and demonstrate comparable improvement in academic achievement by all numerically significant ethnic and socioeconomically disadvantaged subgroups within schools. Monetary awards shall be awarded only to schools whose API scores meet or exceed their API growth target as established pursuant to Section 52052 or increase by five points, whichever is greater, and in which all numerically significant subgroups’ scores meet or exceed 80 percent of the school’s API growth target as established pursuant to Section 52052 or increase by four points, whichever is greater. For purposes of this section, an ethnic or socioeconomically disadvantaged subgroup of at least 100 pupils constitutes a numerically significant subgroup, even if the subgroup does not constitute 15 percent of the total enrollment at a school.
(b) All schools, including schools participating in the Immediate Intervention/Underperforming Schools Program are eligible to participate in the Governor’s Performance Award Program. The manner and form in which the monetary and nonmonetary awards are given shall be established by the Superintendent of Public Instruction and approved by the State Board of Education. The monetary awards shall be made available on either a per pupil or per school basis, not to exceed one hundred fifty dollars ($150) per pupil who received a score on the assessments described in subdivision (b) of Section 60640 and subject to funds appropriated in the annual Budget Act. A school that continues to show improvement in successive years is eligible to receive annual bonuses.
(c) In addition to or in substitution of monetary awards, the Superintendent of Public Instruction may establish, upon approval by the State Board of Education, nonmonetary awards that may include, but are not limited to, classification as a distinguished school, listing on a published public school honor roll, and public commendations by the Governor and the Legislature.
(d) A governing board of a school district or a county board of education with one or more schools under its jurisdiction that are eligible to receive an award from the Governor’s Performance Award Program may request on behalf of those schools that the State Board of Education waive all or any part of any provision of this code, or any regulation adopted by the State Board of Education, controlling any of the programs listed in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 54761 and Section 64000. The board may grant the request if the waiver does not result in a decrease in the instructional time otherwise required by law or regulation or an increase in state costs and is determined to be consistent with subdivision (a) of Section 46300. The waiver shall be granted for no more than three consecutive fiscal years. A governing board of a school district or a county board of education may request a renewal for schools under their jurisdiction that still meet the eligibility criteria.
(e) The waiver granted pursuant to subdivision (d) of Section 52057 may also provide the governing board of a school district or a county board of education with maximum flexibility, on the part of eligible schools within the districts, in the expenditure of any new or existing categorical funds not otherwise prohibited under state or federal law to enable the school to continue improvement in pupil performance.

SEC. 22.

 Chapter 2.5 (commencing with Section 54200) is added to Part 29 of the Education Code, to read:
CHAPTER  2.5. Targeted Instructional Improvement Grant

54200.
 The funding for court-ordered desegregation programs and for voluntary integration programs shall be combined to form a new program, the Targeted Instructional Improvement Grant Program that is hereby established.

54201.
 (a) The State Department of Education shall calculate the per pupil amount that was received by each school district pursuant to the court-ordered desegregation claims filed pursuant to Sections 42243.6 and 42247, and the per pupil amount that was received based on voluntary integration claims filed pursuant to Sections 42247 and 42249 for the 2000–01 fiscal year. This amount shall be determined by dividing the total funds by the actual average daily attendance as reported on the second principal apportionment for 2000–01.
(b) The amount determined pursuant to subdivision (a) for each school district, adjusted by the percentage increase calculated pursuant to Section 42238.1, multiplied by the districts’ total average daily attendance for each fiscal year shall be the total per pupil funding received for the Targeted Instructional Improvement Grant. This amount shall be adjusted annually thereafter by the percentage increase calculated pursuant to Section 42238.1.

54203.
 (a) A school district receiving funds pursuant to this chapter shall expend the funds to accomplish the following:
(1) To fund the costs of any court-ordered desegregation program, if the order exists and is still in force.
(2) To provide instructional improvement for the lowest achieving pupils in the district.
(b) In expending funds received pursuant to this chapter, a school district shall give first priority to funding the costs of any court-ordered desegregation program if the order exists and is still in force.

SEC. 23.

 Section 56836.095 is added to the Education Code, to read:

56836.095.
 For the 2001–02 fiscal year, the superintendent shall make the following computations in the following order:
(a) Calculate and carry out the equalization adjustments authorized pursuant to Sections 56836.12 and 56836.14.
(b) Complete the calculations required to adjust the statewide total average daily attendance pursuant to Section 56836.156, and adjust the statewide target per unit of average daily attendance for the 2001–02 fiscal year in accordance with this calculation.
(c) Determine and provide the amount of funding required for the special disabilities adjustment pursuant to Section 56836.155.
(d) Compute and distribute the amount of funding appropriated for increasing the statewide target amount per unit of average daily attendance pursuant to Section 56836.158.
(e) Compute and provide a permanent adjustment for each special education local plan area pursuant to Section 56836.159.

SEC. 24.

 Section 56836.158 is added to the Education Code, to read:

56836.158.
 (a) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2000–01 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08.
(b) The Superintendent of Public Instruction shall distribute the amount appropriated for purposes of this section from the 2001-02 Budget Act. The Superintendent of Public Instruction shall divide that amount of funding by the amount calculated in subdivision (a).
(c) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.10 for the 2001-02 fiscal year by the quotient determined pursuant to subdivision (b) of this section. This increase shall be effective beginning in the 2001–02 fiscal year.
(d) Notwithstanding subdivision (c), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.10 by the ratio of the amount determined pursuant to subdivision (b) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2000–01 fiscal year. This increase shall be effective beginning in the 2001–02 fiscal year.
(e) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year by the amount determined pursuant to subdivision (b).

SEC. 25.

 Section 56836.159 is added to the Education Code, to read:

56836.159.
 (a) For the 2001–02 fiscal year, the superintendent shall compute a permanent adjustment for each special education local plan area as determined by this section.
(b) The superintendent shall rank each special education local plan area by its funding level per unit of average daily attendance as determined by dividing the amount calculated for each special education local plan area for the 2001–02 fiscal year pursuant to Section 56836.08 plus the amount provided to each special education local plan area pursuant to subdivision (c) of Section 56836.158 by each special education local plan area’s average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.15.
(c) The superintendent shall increase the special education local plan areas with the lowest level of funding per unit of average daily attendance as determined in subdivision (b) to that of the special education local plan area with the next highest level of funding per unit of average daily attendance by allocating an amount from that available for this purpose from the Budget Act to the lowest level special education local plan areas. The amount to be allocated shall equal the difference between the funding level per unit of average daily attendance of the lowest level special education local plan areas and the next highest level special education local plan area multiplied by the average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.15 of the lowest level special education local plan areas.
(d) If there is additional funding available after the allocation pursuant to subdivision (c), the allocation pursuant to subdivision (c) shall be repeated until all the funds appropriated for this purpose in the Budget Act have been used. If the amount appropriated for the purposes of this section from the 2001–02 Budget Act is not sufficient to fully fund the allocation pursuant to subdivision (c), then the funding provided to each special education local plan area in the last iteration pursuant to subdivision (c) shall be prorated.
(e) The amount, if any, computed pursuant to subdivision (c) and subdivision (d) for each special education local plan area shall be a permanent increase and shall, commencing in the 2002–03 fiscal year, be included in the prior year amount determined pursuant to paragraph (2) of subdivision (b) of Section 56836.10.

SEC. 26.

 Section 60810 of the Education Code is amended to read:

60810.
 (a) (1) The Superintendent of Public Instruction shall review existing tests that assess the English language development of pupils whose primary language is a language other than English. The tests shall include, but not be limited to, an assessment of achievement of these pupils in English reading, speaking, and written skills. The superintendent shall determine which tests, if any, meet the requirements of subdivisions (b) and (c). If any existing test or series of tests meets these criteria, the superintendent, with approval of the State Board of Education, shall report to the Legislature on its findings and recommendations.
(2) If no suitable test exists, the superintendent shall explore the option of a collaborative effort with other states to develop a test or series of tests and share test development costs. If no suitable test exists, the superintendent, with approval of the State Board of Education, may contract with a local education agency to develop a test or series of tests that meets the criteria of subdivisions (b) and (c) or may contract to modify an existing test or series of tests so that it will meet the requirements of subdivisions (b) and (c).
(3) Not later than August 15, 1999, the Superintendent of Public Instruction and the State Board of Education shall release a request for proposals for the development of the test or series of tests required by this subdivision. Not later than September 15, 1999, the State Board of Education shall select a contractor or contractors for the development of the test or series of tests required by this subdivision, to be available for administration during the 2000–01 school year.
(4) The Superintendent of Public Instruction shall apportion funds appropriated to enable school districts to meet the requirements of subdivision (d). The State Board of Education shall establish the amount of funding to be apportioned per test administered, based on a review of the cost per test.
(5) An adjustment to the amount of funding to be apportioned per test is not valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per test shall be submitted in writing to the Director of Finance and the chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision.
(b) The test or series of tests developed or acquired pursuant to subdivision (a) shall have sufficient range to assess pupils in kindergarten and grades 1 to 12, inclusive, in English reading, speaking, and written skills, except that pupils in kindergarten and grade 1 shall be assessed in reading and written communication only to the extent that comparable standards and assessments in English and language arts are used for native speakers of English.
(c) The test or series of tests shall meet all of the following requirements:
(1) Provide sufficient information about pupils at each grade level to determine levels of proficiency ranging from no English proficiency to fluent English proficiency with at least two intermediate levels.
(2) Have psychometric properties of reliability and validity deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of a pupil’s growth over time, can be tied to readiness for various instructional options, and can be aggregated for use in the evaluation of program effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development adopted by the State Board of Education pursuant to Section 60811.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in acquiring the skills of listening, reading, speaking, and writing in English.

SEC. 27.

 Section 87885 of the Education Code is amended to read:

87885.
 (a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury.
(b) On or before June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount of up to 50 percent of the total costs of compensation paid for office hours of part-time faculty, as defined in Section 87882. The chancellor shall distribute funds that are appropriated in the annual Budget Act specifically for this purpose proportionally based on each district’s total costs for office hours of part-time faculty pursuant to the verification submitted by the community college district in accordance with subdivision (c) of Section 87884 for that fiscal year. In no event, however, shall the allocation to any district in a fiscal year exceed 50 percent of the total costs of the compensation paid for office hours of part-time faculty pursuant to this article.
(c) It is the intent of the Legislature that funding for the purposes of this article be included in the annual Budget Act.

SEC. 28.

 Section 92900 of the Education Code is amended to read:

92900.
 (a) The Regents of the University of California may establish four California Institutes for Science and Innovation at separate campuses of the University of California for the purpose of combining technological and scientific research and training and educating future scientists and technological leaders.
(b) Each institute shall be created pursuant to a competitive application process conducted by a panel selected by the Governor and administered by the University of California.
(c) In order to utilize the vast array of research and intellectual resources available from throughout the state, each institute may develop programs in cooperation with the private sector and with California’s other public and independent colleges and universities.
(d) The concentration of each institute may include, but shall not necessarily be limited to, any of the following:
(1) Medicine.
(2) Bioengineering.
(3) Telecommunications and information systems.
(4) Energy resources.
(5) Space.
(6) Agricultural technology.
(e) Funding for the state’s share of operating and facilities costs under this chapter is subject to appropriation in the annual Budget Act.

SEC. 29.

 Section 92901 of the Education Code is amended to read:

92901.
 It is the intent of the Legislature that all of the following occur:
(a) That the University of California receive seventy-five million dollars ($75,000,000) for each year for four years, for a total of three hundred million dollars ($300,000,000) for the 2000–01 fiscal year to the 2003–04 fiscal year, inclusive, for capital and operating budget purposes.
(b) That the University of California receive twenty million dollars ($20,000,000) for each of the 2001–02 and 2002–03 fiscal years and thirty million dollars ($30,000,000) for each of the 2003–04 and 2004–05 fiscal years, for a total of one hundred million dollars ($100,000,000) for capital and operating budget purposes.
(c) That a portion of the funds referenced in subdivisions (a) and (b) be available, in an amount not to exceed 5 percent of the annual appropriation, for annual operating budget expenditures. Upon completion of each project, the level of ongoing funding for the operating budget of the institutes will be determined by the Governor and the Legislature through the annual budget process.
(d) That the University of California will not seek further state funding for capital outlay associated with these four institutes beyond that provided within the four hundred million dollar ($400,000,000) total.
(e) Every dollar of state funds appropriated for these institutes shall be matched by at least two dollars ($2) of nonstate funds, including, but not necessarily limited to, federal and private funds.

SEC. 30.

 Item 6110-128-0001 is added to Section 2.00 of the Budget Act of 2001, to read:
6110-128-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, Program 10.30.070-Economic Impact Aid ........................
465,623,000
Schedule: 
(a) 10.30.070.001-Article 2 (commen-cing with Section 54020) of Chap­ter 1 of Part 29 of the Education Code ........................
325,935,000
 
(b) 10.30.070.020-Sections 54031 and 54033, and Article 4 (commencing with Section 54040) of Chapter 1 of Part 29, of the Education
Code ........................ ........................
139,688,000
 
Provisions:
1. If the funds appropriated in this item are insufficient to fully fund the allocations under Article 4 (com­mencing with Section 54040) of Chapter 1 of Part 29 of the Education Code, the Superintendent of Public Instruction shall prorate the allocations made pursuant to that article to reflect the amount of funding available.
 
2. Of the funds appropriated in this item, $21,346,000 is for the purpose of providing an adjustment for in­creases in average daily attendance at a rate of 5.0 percent and $17,348,000 is for the purpose of pro­viding a cost-of-living-adjustment (COLA) at a rate of 3.87 percent.
 

SEC. 31.

 Item 6110-132-0001 of Section 2.00 of the Budget Act of 2001 is amended to read:
6110-132-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, Targeted Instruction Improve­ment Grant pursuant to legislation enacted during the 2001-02 Regular Session ........................



713,360,000

SEC. 32.

 Notwithstanding Section 42238.1 of the Education Code or any other provision of law, the cost-of-living adjustment for Items 6110-104-0001, 6110-105-0001, 6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-185-0001, 6110-186-0001, 6110-190-0001, 6110-196-0001, 6110-234-0001, and 6110-235-0001 of Section 2.00 of the Budget Act of 2001, and those items identified in subdivision (b) of Section 12.40 of the Budget Act of 2001 and the amount appropriated for the purposes of Section 42243.7 of the Education Code for the 2001–02 fiscal year shall be 3.87 percent. All funds appropriated in the items identified in this section are in lieu of the amounts that would otherwise be appropriated pursuant to any other provision of law.

SEC. 33.

 The amount of forty million dollars ($40,000,000) is hereby appropriated from the Proposition 98 Reversion Account to the Superintendent of Public Instruction for the purposes of Section 42238.44 of the Education Code.

SEC. 34.

 (a) (1) The sum of ninety-eight million dollars ($98,000,000) is hereby appropriated, for allocation in the 2001–02 fiscal year, to the Chancellor of the California Community Colleges, in augmentation of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2001, for allocation to community college districts as follows:
(A) Seventeen million dollars ($17,000,000) from the Proposition 98 Reversion Account for allocation for scheduled maintenance and special repair projects.
(B) Thirty-two million dollars ($32,000,000) from the General Fund for allocation for scheduled maintenance and special repair projects.
(C) Forty-nine million dollars ($49,000,000) from the General Fund for allocation for the purchase of instructional equipment and library materials.
(2) The amount appropriated in paragraph (1) shall be allocated by the Chancellor of the California Community Colleges to community college districts for the purposes of scheduled maintenance and special repair projects and instructional equipment and library materials.
(3) The chancellor shall allocate the funding for scheduled maintenance and special repair so that, for every dollar of funds allocated pursuant to subparagraphs (A) and (B) of paragraph (1), a recipient district shall provide one dollar in matching funds. Priority for the allocation of funding provided for scheduled maintenance and special repairs shall be given to fire and life safety, seismic safety, and other critical need projects. The amounts appropriated in subparagraphs (A) and (B) of paragraph (1) shall be available for encumbrance until June 30, 2003.
(4) The chancellor shall allocate the funding for instructional equipment and library materials so that, for every three dollars of funds allocated pursuant to subparagraph (C) of paragraph (1), a recipient district shall provide one dollar in matching funds. In expending the funds provided under this section for instructional equipment and library materials, a district shall give first priority to making payments on any multiyear lease agreements.
(b) The sum of fourteen million eight hundred fifty-nine thousand dollars ($14,859,000) is hereby appropriated from the 1998 Higher Education Capital Outlay Bond Fund to the Board of Governors of the California Community Colleges, in augmentation of Item 6870-301-0574 of Section 2.00 of the Budget Act of 2001, for allocation to community college districts in the 2001–02 fiscal year as follows:
(1) Three hundred seventeen thousand dollars ($317,000) to the Allan Hancock Community College District for Allan Hancock College, Project 40.02.112- Library/Media Tech Center-preliminary plans.
(2) Five hundred ninety-seven thousand dollars ($597,000) to the Butte Community College District for Butte College, Project 40.05.106-Learning Resource Center-preliminary plans.
(3) One million two hundred forty-four thousand dollars ($1,244,000) to the Contra Costa Community College District for all of the following:
(A) One hundred sixty-two thousand dollars ($162,000) for Diablo Valley College, Project 40.13.220-Life Science Remodel for Laboratories-preliminary plans.
(B) Three hundred fifty-nine thousand dollars ($359,000) to Los Medanos College, Project 40.13.313-Learning Resource Center-preliminary plans.
(C) Seven hundred twenty-three thousand dollars ($723,000) to the San Ramon Valley Center, Project 40.13.400-Phase 1 Buildings-preliminary plans.
(4) One million six hundred fifty-six thousand dollars ($1,656,000) to the Foothill-DeAnza Community College District for Foothill College, Project 40.15.206-Center for Innovation and Interactive Learning-equipment.
(5) Three hundred forty thousand dollars ($340,000) to the Glendale Community College District for Glendale College, Project 40.18.122-Allied Health/Aviation Lab-preliminary plans.
(6) Nine hundred forty thousand dollars ($940,000) to the Grossmont-Cuyamaca Community College District for both of the following:
(A) Five hundred forty-three thousand dollars ($543,000) for Cuyamaca College, Project 40.19.116-Science and Technology Mall-preliminary plans.
(B) Three hundred ninety-seven thousand dollars ($397,000) for Grossmont College, Project 40.19.207-Science Building-preliminary plans.
(7) Seven hundred thirty-eight thousand dollars ($738,000) to the Hartnell Community College District for Hartnell College, Project 40.20.101- Library/Learning Resource Center-preliminary plans.
(8) Four hundred seven thousand dollars ($407,000) to the Lake Tahoe Community College District for Lake Tahoe Community College, Project 40.23.111- Learning Resource Center-preliminary plans.
(9) One million four hundred six thousand dollars ($1,406,000) to the Los Angeles Community College District for all of the following:
(A) Three hundred thousand dollars ($300,000) for Los Angeles Mission College, Project 40.26.408-Child Development Center-preliminary plans.
(B) Two hundred thirty thousand dollars ($230,000) for Los Angeles Southwest College, Project 40.26.607-Child Development Center-preliminary plans.
(C) Two hundred fifteen thousand dollars ($215,000) for Los Angeles Trade-Tech College, Project 40.26.702-Child Development Center-preliminary plans.
(D) Six hundred sixty-one thousand dollars ($661,000) for Los Angeles Valley College, Project 40.26.803-Health Science Building-preliminary plans.
(10) Three hundred forty-three thousand dollars ($343,000) to the Los Rios Community College District for American River College, Project 40.27.102-Learning Resource Center Expansion.
(11) Six hundred fifty thousand dollars ($650,000) to the North Orange Community College District for Cypress College, Project 40.36.100-Library/Learning Resource Center-preliminary plans.
(12) Two hundred ninety-two thousand dollars ($292,000) to the Palo Verde Community College District for Palo Verde College, Project 40.37.102-Technology Building Phase 2-preliminary plans.
(13) Two hundred twenty-five thousand dollars ($225,000) to the Rancho Santiago Community College District for Santa Ana College, Project 40.41.124-Physical Education Seismic Replacement/Expansion-preliminary plans.
(14) One hundred forty-three thousand dollars ($143,000) to the Riverside Community College District for both of the following:
(A) Sixty-seven thousand dollars ($67,000) for the Moreno Valley Center, Project 40.44.207-Child Development Center-preliminary plans.
(B) Seventy-six thousand dollars ($76,000) for the Norco Valley Center, Project 40.44.307-Child Development Center-preliminary plans.
(15) One million five hundred twenty-four thousand dollars ($1,524,000) to the San Francisco Community College District for both of the following:
(A) One hundred ninety thousand dollars ($190,000) for the Mission Center, Project 40.48.106-Mission Center Building-working drawings.
(B) One million three hundred thirty-four thousand dollars ($1,334,000) for the Chinatown Center, Project 40.48.108-Chinatown Campus Building-preliminary plans.
(16) Four hundred seventy-two thousand dollars ($472,000) to the San Luis Obispo County Community College District for Cuesta College, Project 40.51.112-Theater Arts Building-preliminary plans.
(17) One hundred sixty-three thousand dollars ($163,000) to the Santa Barbara Community College District for Santa Barbara City College, Project 40.53.120-Gymnasium Remodel-preliminary plans.
(18) Four hundred seventy-one thousand dollars ($471,000) to the Sequoias Community College District for the College of the Sequoias, Project 40.56.112-Science Center-preliminary plans.
(19) Two hundred forty-five thousand dollars ($245,000) to the Shasta-Tehama Trinity Joint Community College District for Shasta College, Project 40.57.103-Library Addition-preliminary plans.
(20) One million one hundred ninety-nine thousand dollars ($1,199,000) to the Sonoma County Community College District for Santa Rosa Junior College, Project 40.61.402-Learning Resource Center-preliminary plans.
(21) Four hundred sixty-one thousand dollars ($461,000) to the Chabot-Las Positas Community College District for Las Positas College, Project 40.62.215-Physical Education, Gymnasium Phase 1-preliminary plans.
(22) Two hundred twenty-seven thousand dollars ($227,000) to the Southwestern Community College District for Southwestern College, Project 40.63.104-Child Development Center-preliminary plans.
(23) One hundred eighty-seven thousand dollars ($187,000) to the State Center Community College District for Reedley College, Project 40.64.400-Learning Resource Center Addition-preliminary plans.
(24) One hundred one thousand dollars ($101,000) to the Ventura County Community College District for Moorpark College, Project 40.65.109-Child Development Center-preliminary plans.
(25) Two hundred ninety-eight thousand dollars ($298,000) to the West Hills Community College District for the Kings County Center, Project 40.67.204-Phase 2B Classroom/Laboratories-preliminary plans.
(26) Two hundred thirteen thousand dollars ($213,000) to the West Valley Mission Community College District for Mission College, Project 40.69.208-Main Building 3rd floor Reconstruction-preliminary plans.

SEC. 35.

 It is the intent of the Legislature that the California Community Colleges receive greater than one-third of any future capital outlay bond funds dedicated to higher education.

SEC. 36.

 For the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the amounts appropriated by Section 30 and subparagraphs (B) and (C) of paragraph (1) of subdivision (a) of Section 34 of this act shall be deemed to be General Fund revenues appropriated for school districts or community college districts, as defined Section 41202 of the Education Code, and shall 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 of the Education Code, for the fiscal year for which they are allocated.

SEC. 37.

 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:
To make the necessary changes in order to provide adequate funding for the purpose of public education and to restore critical funding for scheduled maintenance, instructional equipment, and capital outlay for the California, Community Colleges during the 2001–02 academic year, it is necessary that this act take effect immediately.