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SB-1338 Education finance: emergencies: apportionments: COVID-19: Culver City Unified School District.(2023-2024)



Current Version: 02/16/24 - Introduced

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SB1338:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1338

Introduced by Senator Smallwood-Cuevas

February 16, 2024

An act to add Section 41422.1 to the Education Code, relating to education finance.


LEGISLATIVE COUNSEL'S DIGEST


SB 1338, as introduced, Smallwood-Cuevas. Education finance: emergencies: apportionments: COVID-19: Culver City Unified School District.
Existing law prohibits a school district from receiving a state apportionment based upon average daily attendance unless it has maintained the regular day schools of the district for at least 175 days during the next preceding fiscal year, except as provided.
Existing law requires a school district or county office of education that is prevented from maintaining its schools during a fiscal year for at least 180 days, and a charter school is so prevented for 175 days for, and any local educational agency is required to operate sessions of shorter length than otherwise prescribed by law because of (1) certain specified extraordinary conditions, including fire, flood, earthquake, or epidemic, among others, or other extraordinary conditions, (2) inability to secure or hold a teacher, or (3) the illness of the teacher, to receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for the requisite number of full-length days. Existing law requires the Superintendent to find that the factual basis for being so prevented has been shown, to the Superintendent’s satisfaction, by the affidavits of the members of the respective governing board or body of the local educational agency and the county superintendent of schools.
Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher, existing law prohibits a school district, county office of education, or charter school, from September 1, 2021, to June 30, 2022, inclusive, from receiving that same apportionment from the State School Fund as it would have otherwise received if the school closure was due to impacts from COVID-19, except as provided for specified categories of pupils. Notwithstanding that provision, existing law authorizes a school district, county office of education, or charter school to receive that same apportionment from the State School Fund for school closures related to impacts from COVID-19 due to COVID-19-related staffing shortages if specified conditions are established to the satisfaction of the Superintendent by affidavits of the members of the respective governing board or body of the local educational agency and the county superintendent of schools.
This bill, notwithstanding any other law, including those above-described provisions, would require the Superintendent to exempt Culver City Unified School District from fiscal penalties for failing to maintain the requisite number of instructional days due to the emergency closure of its schools from January 19, 2022, to January 21, 2022, inclusive, due to the impacts of the COVID-19 emergency and the denial of a specified waiver.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Culver City Unified School District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 41422.1 is added to the Education Code, to read:

41422.1.
 Notwithstanding any other law, including Sections 41420 and 41422, the Superintendent shall exempt Culver City Unified School District from fiscal penalties for failing to maintain the requisite number of instructional days due to the emergency closure of its schools from January 19, 2022, to January 21, 2022, inclusive, due to the impacts of the COVID-19 emergency and the denial of its Form J-13A waiver.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique public health conditions affecting the Culver City Unified School District from January 19, 2022, to January 21, 2022, inclusive.