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SB-585 Education governance: school district reorganization: unified school districts: report.(2019-2020)



Current Version: 04/23/19 - Amended Senate

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SB585:v97#DOCUMENT

Amended  IN  Senate  April 23, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 585

Introduced by Senator Wieckowski

February 22, 2019

An act to amend Sections 35511, 35735.6, 35735.8, and 35735.9 of, and to add Section 35511.5 to, the Education Code, relating to education governance.


LEGISLATIVE COUNSEL'S DIGEST


SB 585, as amended, Wieckowski. Education governance: school district reorganization: unified school districts: report.
Existing law establishes a system of public elementary and secondary education in this state that includes, among other local educational agencies, school districts. School districts are generally divided into 3 types: unified school districts, high school districts, and elementary school districts. Existing law authorizes the reorganization of school districts pursuant to specified procedures.
Existing law provides that an action to reorganize one or more school districts is initiated upon the filing with the county superintendent of schools of a petition to reorganize one or more school districts, if the petition is signed by any of 4 specified groups. Existing law and defines an “action to reorganize districts” as either an action to form a new school district, as specified, or an action to transfer territory, including the transfer of all or part of an existing school district to another existing school district. Existing law specifies that one type of an “action to reorganize districts” is deunifying a school district, which includes the conversion of all or part of a unified school district into one or more new high school districts, each with 2 or more new component districts.
This bill would delete the provision that references the deunifying of a school district as a type of an “action to reorganize districts.” The bill would prohibit a reorganization from converting any of the territory of a unified school district into territory of a school district of a different kind. The bill kind and would make conforming changes related to these provisions. changes.
This bill would require the State Department of Education to prepare a detailed plan for a transition so that, as of July 1, 2025, all school districts existing in the state on that date will would be unified school districts. districts if the plan were enacted into law. The bill would require the plan to specify all of the district changes that would be necessary to accomplish the transition. The bill would also specify several topics, including certain geographic, academic, and financial factors, as well as the ethnic composition of pupils enrolled in the districts, that the department would be required to consider in preparing the plan.
The bill would require the department to submit the plan, along with pertinent findings and recommendations, in the form of a written report to the chairpersons of the education policy committees of the respective houses of the Legislature, on or before January 1, 2021, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 35511 of the Education Code is amended to read:

35511.
 An “action to reorganize districts” means either of the following:
(a) An action to form a new school district, which is accomplished through any of, or any combination of, the following:
(1) Dissolving two or more existing school districts of the same kind and forming one or more new school districts of that same kind from the entire territory of the original school districts.
(2) Forming one or more new school districts of the same kind from all or parts of one or more existing school districts of that same kind.
(3) Unifying school districts, including the consolidation of all or part of one or more high school districts with all or part of one or more component school districts into one or more new unified school districts.
(b) An action to transfer territory, including the transfer of all or part of an existing school district to another existing school district.

SEC. 2.

 Section 35511.5 is added to the Education Code, to read:

35511.5.
 A reorganization of a unified school district shall not result in the conversion of any territory of that unified school district into territory of a school district of a different kind.

SEC. 3.

 Section 35735.6 of the Education Code is amended to read:

35735.6.
 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03, shall be calculated as follows:
(1) If the reorganization took place before December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03.
(B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts.
(C) No adjustment shall be made for paragraphs (2) and (3) of subdivision (a) of Section 35735.1, as that section read on January 1, 2013.
(2) If the reorganization took place after December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03.
(B) Add the products determined in subparagraph (A), and divide by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected school districts.
(3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment.
(B) If the reorganization includes a divided district, the following shall apply:
(i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district.
(ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the fiscal year the first reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation made pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03.
(C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735.
(b) For a new district formed as a result of deunification pursuant to former paragraph (4) of subdivision (a) of Section 35511 as that paragraph read on December 31, 2019, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03 shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective.

SEC. 4.

 Section 35735.8 of the Education Code is amended to read:

35735.8.
 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to Sections 42289 to 42289.5, inclusive, for purposes of determining funding pursuant to paragraph (2) of subdivision (i) of Section 42283.02, shall be calculated as follows:
(1) If the reorganization took place before December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the amount computed pursuant to subdivision (b) of Section 42287 for the fiscal year two years before the fiscal year in which the reorganization is to become effective.
(B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective for all affected districts.
(C) Increase the amount determined in subparagraph (B) by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the fiscal year immediately preceding the fiscal year in which reorganization is to become effective.
(2) If the reorganization took place after December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the amount computed pursuant to subdivision (b) of Section 42287 for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective.
(B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts.
(3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment.
(B) If the reorganization includes a divided district, both of the following shall apply:
(i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district.
(ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first year of the reorganization, the divided district’s funding shall not be included in the blending calculation pursuant to paragraph (2) of subdivision (i) of Section 42238.02.
(C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735.
(b) For a new district formed as a result of deunification pursuant to former paragraph (4) of subdivision (a) of Section 35511 as that paragraph read on December 31, 2019, the funding amount per unit of average daily attendance shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective.

SEC. 5.

 Section 35735.9 of the Education Code is amended to read:

35735.9.
 (a) For a new district or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to Sections 42289 to 42289.5, inclusive, for purposes of determining funding pursuant to subparagraph (D) of paragraph (1) of subdivision (a) of Section 42283.03, shall be calculated as follows:
(1) If the reorganization took place before December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the amount per unit of average daily attendance that corresponds to the 2012–13 fiscal year funding amounts pursuant to Sections 42289 to 42289.5, inclusive, and Section 42238.146, as that section read on June 15, 2015.
(B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective for all affected districts.
(2) If the reorganization took place after December 31, 2013, for each affected district:
(A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the amount per unit of average daily attendance that corresponds to the 2012–13 fiscal year funding amounts pursuant to Sections 42289 to 42289.5, inclusive, and Section 42238.146, as that section read on June 15, 2015.
(B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts.
(3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment.
(B) If the reorganization includes a divided district, the following shall apply:
(i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district.
(ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first fiscal year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation pursuant to subparagraph (D) of paragraph (1) of subdivision (a) of Section 42238.03.
(C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735.
(b) For a new district formed as a result of deunification pursuant to former paragraph (4) of subdivision (a) of Section 35511 as that paragraph read on December 31, 2019, the funding amount per unit of average daily attendance shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective.

SEC. 6.

 (a) The State Department of Education shall prepare a detailed plan for a transition so that, as of July 1, 2025, all school districts existing in the state on that date will would be unified school districts. districts if the plan were enacted into law. The plan shall specify all of the district changes that will would be necessary to accomplish the transition. In preparing the plan, the department shall consider, but not necessarily limit itself to, all of the following topics:
(1) Geographic factors, including respect for district boundaries to reflect longstanding communities, and to take into consideration factors such as the boundaries of existing school districts, city limits, county lines, the location of major highways and mass transit, and schoolbus routes.
(2) Academic factors, taking into consideration factors such as including, but not necessarily limited to, the location of high-performing schools and low-performing schools and the communities they serve.
(3) Financial factors, taking into consideration including, but not necessarily limited to, the varying tax bases, levels of indebtedness, and status of the districts as declining or growing in enrollment.
(4) The ethnic composition of the pupils enrolled in the districts, taking into consideration including, but not necessarily limited to, the need to avoid disparate impacts on ethnic communities.
(b) The State Department of Education shall submit the plan prepared pursuant to subdivision (a), along with pertinent findings and recommendations, in the form of a written report to the chairpersons of the education policy committees of the respective houses of the Legislature. The report shall be submitted on or before January 1, 2021, and shall comply with Section 9795 of the Government Code.