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<ns0:Id>20250AB__252698AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>2526</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Muratsuchi</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Muratsuchi</ns0:Name>
</ns0:Legislator>
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<ns0:Title> An act to amend Sections 2574, 2575, 2575.5 2576, 42238.02, and 46600 of the Education Code, relating to education finance. </ns0:Title>
<ns0:RelatingClause>education finance</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Education finance: local control funding formula: special education grant.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school.</html:p>
<html:p>Existing law requires local educational agencies, as defined, to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education
program.</html:p>
<html:p>This bill would require funding pursuant to the local control funding formula to include, in addition to a base, supplemental, and concentration grant, a special education grant that is based on the percentage of pupils who are severely disabled, as defined, and served by the county superintendent of schools, school district, or charter school, as specified. The bill would require, under procedures and timeframes established by the Superintendent of Public Instruction, county superintendents of schools, school districts, and charter schools to annually report the enrollment of pupils who are severely disabled and served by those local educational agencies to the Superintendent using the California Longitudinal Pupil Achievement Data System. The bill would require special education grant recipients to prioritize early interventions for pupils who are severely disabled. By imposing additional duties on local educational agencies, the bill would impose a
state-mandated local program. The bill also would make conforming changes.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_3571DD99-76D6-450C-A884-65F0CB25E96E">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 2574 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>2574.</ns0:Num>
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<html:p>For the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent annually shall calculate a county local control funding formula for each county superintendent of schools as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Compute a county office of education operations grant equal to the sum of each of the following amounts:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Six hundred fifty-five thousand nine hundred twenty dollars ($655,920).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One hundred nine thousand three hundred twenty dollars ($109,320) multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Seventy dollars ($70) multiplied by the number of units of countywide average daily attendance, up to a maximum of 30,000 units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Sixty dollars ($60) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 30,000 units, up to a maximum of 60,000 units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fifty dollars ($50) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 60,000, up to a maximum of 140,000 units.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Forty dollars ($40) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 140,000 units.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, countywide average daily attendance means the aggregate number of annual units of average daily attendance within the county attributable to all school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253, charter schools authorized by school districts for which the county superintendent of schools has jurisdiction, and charter schools authorized by the county superintendent of schools.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For the 2014–15 fiscal year and each fiscal year thereafter, adjust each of the rates provided in the prior year pursuant to paragraphs (1), (2), and (3) by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This
percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Commencing with the 2022–23 fiscal year, add one hundred seventy-five thousand dollars ($175,000) to the amount specified in paragraph (2), as that rate was adjusted pursuant to paragraph (4).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Commencing with the 2022–23 fiscal year, add fourteen dollars ($14) to each of the amounts specified in subparagraphs (A) to (D), inclusive, of paragraph (3), as those rates were adjusted pursuant to paragraph (4).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Determine the enrollment
percentage of unduplicated pupils pursuant to the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the 2013–14 fiscal year, divide the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 fiscal year by the total enrollment in those schools in the 2013–14 fiscal year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the 2014–15 fiscal year, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 and 2014–15 fiscal years by the sum of the total enrollment in those schools in the 2013–14 and 2014–15 fiscal years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the current fiscal year and the two
prior fiscal years by the sum of the total enrollment in those schools in the current fiscal year and the two prior fiscal years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use a county superintendent of schools’ enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
It is the intent of the Legislature to review each county office of education’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a county office of education with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as
compared to the 2013–14 fiscal year.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of determining the enrollment percentage of unduplicated pupils pursuant to this subdivision, enrollment in schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 and the enrollment of pupils other than the pupils identified in clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (5) of subdivision (c), shall be excluded from the calculation of the enrollment percentage of unduplicated pupils.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year
calculation of the percentage of unduplicated pupils. This subparagraph does not apply to a change that is the result of an audit that has been appealed pursuant to Section 41344.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, an “unduplicated pupil” is a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth. For purposes of this section, the definitions in Section 42238.01 of an English learner, a pupil eligible for a free or reduced-price meal, and foster youth shall apply. A pupil shall be counted only once for purposes of this section if any of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The pupil is classified as an English learner and is eligible for a free or reduced-price meal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The pupil is classified as an English learner and is a foster youth.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The pupil is eligible for a free or reduced-price meal and is classified as a foster youth.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a county superintendent of schools annually shall report the enrollment of unduplicated pupils, pupils classified as English learners, pupils eligible for free and reduced-price meals, and foster youth in schools operated by the county superintendent of schools to the Superintendent using the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Superintendent shall make the calculations pursuant to
this section using the data submitted through the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Controller shall include instructions, as appropriate, in the audit guide required by subdivision (a) of Section 14502.1, for determining if the data reported by a county superintendent of schools using the California Longitudinal Pupil Achievement Data System is consistent with pupil data records maintained by the county office of education.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Compute an alternative education grant equal to the sum of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For the 2013–14 fiscal year to the 2022–23 fiscal year, inclusive, a base grant equal to the 2012–13 per pupil undeficited statewide average juvenile court school base revenue limit calculated pursuant to Article 3 (commencing with
Section 2550) of Chapter 12, as that article read on January 1, 2013, and as adjusted each fiscal year pursuant to subparagraph (B). For purposes of this subparagraph, the 2012–13 statewide average juvenile court school base revenue limit shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the 2023–24 fiscal year, a base grant equal to the grade span-adjusted base grant for average daily attendance in grades 9 to 12, inclusive, calculated pursuant to subdivision (d) of Section 42238.02, for the 2022–23 fiscal year, multiplied by 1.33, and then adjusted pursuant to subparagraph (B) for the 2023–24 fiscal year.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Commencing with the 2024–25 fiscal year, and each fiscal year thereafter, a base grant equal to the
amount calculated pursuant to clause (ii) and as adjusted each year pursuant to subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing with the 2013–14 fiscal year, the per pupil base grant shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A supplemental
grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the enrollment percentage calculated in subdivision (b). The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A concentration grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the greater of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The enrollment percentage calculated in subdivision (b) less 50 percent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Zero.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A special education grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the percentage calculated in subparagraph (B). The special education grant shall be expended for pupils who are severely disabled and served by schools operated by the county superintendent of schools.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Special education grant recipients shall prioritize early interventions for pupils who are severely disabled.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
It is the intent of the Legislature that special education grants received pursuant to clause (i) should supplement, not supplant,
other funding for special education, including, but not limited to, funding apportioned pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4 of Title 2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Superintendent shall determine the enrollment percentage of pupils who are severely disabled by dividing the sum of the enrollment of pupils who are severely disabled in all schools operated by a county superintendent of schools in the current fiscal year and the two prior fiscal years by the sum of the total enrollment in those schools in the current fiscal year and the two prior fiscal years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Under procedures and timeframes established by the Superintendent, a county superintendent of schools annually shall report the enrollment of pupils who are severely disabled and served by schools operated by the county superintendent of schools to the Superintendent using the California Longitudinal
Pupil Achievement Data System. The Superintendent shall make the calculations described in this paragraph using the data submitted through the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, “severely disabled” shall have the same meaning as specified in Section 56030.5.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Multiply the sum of paragraphs (1), (2),
(3), and (4) by the total number of units of average daily attendance for pupils attending schools operated by a county office of education, excluding units of average daily attendance for pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, who are enrolled pursuant to any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Probation-referred pursuant to Sections 300, 601, 602, and 654 of the Welfare and Institutions Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On probation or parole and not in attendance in a school.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Multiply the number of units of average daily attendance for
pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 by the sum of the base grant calculated pursuant to paragraph (1), a supplemental grant equal to 35 percent of the base grant calculated pursuant to paragraph (1), and a concentration grant equal to 17.5 percent of the base grant calculated pursuant to paragraph (1). Funds provided for the supplemental and concentration grants pursuant to this calculation shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Add the amounts calculated in subparagraphs (A) and (B).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding any other law, commencing with the 2023–24 fiscal year, and for purposes of this subdivision, average daily attendance shall be the sum of both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The average daily attendance reported by the county superintendent of schools for the annual reporting period for the current fiscal year, or the prior fiscal year if the prior year total is greater, or the average of the three most recent prior fiscal years if the average total is greater than both the current year and the prior year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If applicable, the average daily attendance reported by a charter school in the county established pursuant to Section 47605.5 for the annual reporting period for the current fiscal year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Add the amount calculated in subdivision (a) to the amount calculated in subparagraph (C) of
paragraph
(5) of subdivision (c).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Add all of the following to the amount calculated in subdivision (d):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part 24 of Division 3 of Title 2, as that article read on January 1, 2013.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10
(commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of 2012, as identified in clause (i) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 2575, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the
Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Commencing in the 2023–24 fiscal year, the add-on amounts referenced in subparagraphs (A) and (B) shall receive the annual cost-of-living adjustment specified in subparagraph (B) of paragraph (1) of subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one juvenile court school pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, including a county office of education that authorized a charter
school for that purpose pursuant to Section 47605.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one county community school pursuant to Chapter 6.5 (commencing with Section 1980), including a county office of education that authorized a charter school for that purpose pursuant to Section 47605.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the funds allocated pursuant to paragraphs (3) and (4) of subdivision (e) be included in the local control and accountability plan template pursuant to Section 52064.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 2575 of the
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is amended to read:
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(a)
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Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the county local control funding formula for each county superintendent of schools based on the sum of the amounts computed pursuant to paragraphs (1) to (3), inclusive:
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<html:p>
(1)
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Revenue limits in the 2012–13 fiscal year pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, adjusted only for changes in average daily attendance claimed by the county superintendent of schools for pupils identified in clauses (i), (ii), and (iii) of subparagraph (A) of paragraph
(5)
of subdivision (c) of Section 2574 and for pupils attending juvenile court schools. For purposes of this paragraph, the calculation of an amount per unit of average daily attendance for pupils attending juvenile court schools shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. All other average daily attendance claimed by the county superintendent of schools and any other average daily attendance used for purposes of calculating revenue limits pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339.
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(2)
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The sum of all of the following:
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(A)
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(i)
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The amount of funding received from appropriations contained in Section 2.00 of the Budget Act of 2012, as adjusted by Section 12.42, in the following Items: 6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to
Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4 of Title 2, as that chapter read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. For purposes of this subparagraph, the 2012–13 fiscal year appropriations described in this subparagraph shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339.
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(ii)
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If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of
2012, as identified in clause (i), the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph. These funds shall be subject to the requirements specified in paragraph (1) of subdivision (k).
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(B)
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The amount of local revenues used to support a regional occupational center or program established and maintained by a county superintendent of schools pursuant to Section 52301.
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(3)
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For the 2014–15 fiscal year and for each fiscal year
thereafter, the sum of the amounts apportioned to the county superintendent of schools pursuant to subdivision (f) in all prior years.
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(b)
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The Superintendent shall annually compute a county local control funding formula transition adjustment for each county superintendent of schools as follows:
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(1)
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Subtract the amount computed pursuant to subdivision (a) from the amount computed pursuant to subdivision (e) of Section 2574. A difference of less than zero shall be deemed to be zero.
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(2)
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Divide the difference for each county superintendent of schools calculated pursuant to paragraph (1) by the total sum of the differences for all county superintendents of schools calculated pursuant to paragraph (1).
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(3)
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Multiply the proportion calculated for each county
superintendent of schools pursuant to paragraph (2) by the amount of funding specifically appropriated for purposes of subdivision (f). The amount calculated shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1).
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(c)
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The Superintendent shall subtract from the amount calculated pursuant to subdivision (a) the sum of each of the following:
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(1)
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Local property tax revenues received pursuant to Section 2573 in the then current fiscal year.
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(2)
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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.
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(3)
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The amount, if any, received pursuant to Sections 34177, 34179.5,
34179.6, 34183, and 34188 of the Health and Safety Code.
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(4)
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The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.
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(d)
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The Superintendent shall subtract from the amount computed pursuant to subdivision (e) of Section 2574 the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (c).
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(e)
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The Superintendent shall annually apportion to each county superintendent of schools the amount calculated pursuant to subdivision (c) unless the amount computed pursuant to subdivision (c) is negative. If the amount computed is negative, except as provided in subdivision (f), an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted
and not available for expenditure during the fiscal year. In the following fiscal year, that amount, excluding any amount of funds used for purposes of subdivision (f), shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578. State aid shall not be apportioned to the county superintendent of schools pursuant to this subdivision if the amount computed pursuant to subdivision (c) is negative.
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(f)
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(1)
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The Superintendent shall apportion, from an appropriation specifically made for this purpose, the amount computed pursuant to subdivision (b), or, if the amount computed pursuant to subdivision (c) is negative, the sum of the amounts computed pursuant to subdivisions (b) and (c) if the sum is
greater than zero.
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(2)
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The Superintendent shall apportion any portion of the appropriation made for purposes of paragraph (1) that is not apportioned pursuant to paragraph (1) pursuant to the following calculation:
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(A)
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Add the amount calculated pursuant to subdivision (b) to the amount computed pursuant to subdivision (a) for a county superintendent of schools.
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(B)
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Subtract the amount computed pursuant to subparagraph (A) from the amount computed pursuant to subdivision (e) of Section 2574 for the county superintendent of schools.
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(C)
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Divide the difference for the county superintendent of schools computed pursuant to subparagraph (B) by the sum of the differences for all county superintendents of schools computed pursuant to
subparagraph (B).
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(D)
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Multiply the proportion computed pursuant to subparagraph (C) by the unapportioned balance in the appropriation. That product shall be the county superintendent of schools’ proportion of total need.
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(E)
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Apportion to each county superintendent of schools the amount calculated pursuant to subparagraph (D), or if subdivision (c) is negative, apportion the sums of subdivisions (b) and (c) and subparagraph (D) of this subdivision if the sum is greater than zero.
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(F)
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The Superintendent shall repeat the computation made pursuant to this paragraph, accounting for any additional amounts apportioned after each computation, until the appropriation made for purposes of paragraph (1) is fully apportioned.
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(G)
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The total amount apportioned
pursuant to this subdivision to a county superintendent of schools shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1) of subdivision (b).
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(H)
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For purposes of this paragraph, the proportion of need that is funded from any appropriation made specifically for purposes of this subdivision in the then current fiscal year shall be considered fixed as of the second principal apportionment for that fiscal year. Adjustments to a county superintendent of schools’ total need computed pursuant to subparagraph (D) after the second principal apportionment for the then current fiscal year shall be funded based on the fixed proportion of need that is funded for that fiscal year pursuant to this subdivision, and shall be continuously appropriated pursuant to Section 14002.
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(g)
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(1)
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For a county superintendent of
schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is less than the amount computed pursuant to subdivision (d), in the first fiscal year following the fiscal year in which the sum of the apportionments computed pursuant to subdivisions (e) and (f) is equal to, or greater than, the amount computed pursuant to subdivision (d) of this section, the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f).
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(2)
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For a county superintendent of schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is greater than the amount computed pursuant to subdivision (d), in the first fiscal year in which the amount computed pursuant to subdivision (c) would be less than the amount computed pursuant to
subdivision (d), the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f).
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(3)
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In each fiscal year, the Superintendent shall determine the percentage of county superintendents of schools that are apportioned funding that is less than the amount computed pursuant to subdivision (d), as of the second principal apportionment of the fiscal year. If the percentage is less than 10 percent, the Superintendent shall apportion to those county superintendents of schools funding equal to the amount computed in subdivision (d) in that fiscal year and for each fiscal year thereafter instead of the amounts calculated pursuant to subdivisions (e) and (f).
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(4)
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If the calculation pursuant to subdivision (d) is negative and
the Superintendent apportions to a county superintendent of schools the amount computed pursuant to subdivision (d) pursuant to paragraph (1), (2), or (3) of this subdivision, an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted and not available for expenditure during that fiscal year. In the following fiscal year the restricted amount shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578.
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<html:p>
(h)
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Commencing with the 2013–14 fiscal year, the Superintendent shall apportion to a county superintendent of schools an amount of state aid, including any amount apportioned pursuant to subdivisions (f) and (g), that is no less than the amount calculated in subparagraph (A) of paragraph (2) of subdivision (a).
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(i)
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(1)
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For the 2013–14 and 2014–15 fiscal
years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, shall not redirect that funding for another purpose unless otherwise authorized by law or pursuant to an agreement between the regional occupational center or program joint powers agency and the contracting county superintendent of schools.
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(2)
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For the 2013–14 and 2014–15 fiscal years only, if a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, received, in the 2012–13 fiscal year, an apportionment of funds directly from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the regional occupational center or program joint powers agency.
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<html:p>
(j)
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For the 2013–14 and 2014–15 fiscal years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation shall not redirect that funding for another purpose unless
otherwise authorized by law or pursuant to an agreement between the home-to-school transportation joint powers agency and the contracting county superintendent of schools.
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(k)
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(1)
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In addition to subdivision (j), of the funds a county superintendent of schools receives for home-to-school transportation programs, the county superintendent of schools shall expend, pursuant to former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013, no less for those programs than the amount of funds the county superintendent of schools expended for home-to-school transportation in the
2012–13 fiscal year.
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<html:p>
(2)
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For the 2013–14 and 2014–15 fiscal years only, if a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation received, in the 2012–13 fiscal year, an apportionment of funds directly from the Superintendent from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the home-to-school transportation joint powers agency.
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<html:p>
(3)
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For the 2013–14 and 2014–15 fiscal years only, of the funds a county superintendent of schools receives for purposes of regional occupational centers or programs, or adult education, the county superintendent of schools shall expend no less for each of those programs than
the amount of funds the county superintendent of schools expended for purposes of regional occupational centers or programs, or adult education, respectively, in the 2012–13 fiscal year. For purposes of this paragraph, a county superintendent of schools may include expenditures made by a school district within the county for purposes of regional occupational centers or programs so long as the total amount of expenditures made by the school districts and the county superintendent of schools equals or exceeds the total amount required to be expended for purposes of regional occupational centers or programs pursuant to this paragraph and paragraph (7) of subdivision (a) of Section 42238.03.
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<html:p>
(
<html:i>l</html:i>
)
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The funds apportioned pursuant to this section and Section 2574 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title
2.
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<ns0:BillSection id="id_A7E0B940-CBBE-4118-97E8-3F2C4B323F14">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 2575.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6F8624C6-F5AF-447A-9E6A-0EEBAD43F8CC">
<ns0:Num>2575.5.</ns0:Num>
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<html:p>
(a)
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It is the intent of the Legislature that the funds allocated pursuant to subdivision (b) be included in the local control and accountability plan template pursuant to Section 52064.
</html:p>
<html:p>
(b)
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Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the Superintendent shall allocate a Student Support and Enrichment Block Grant for each county office of education, in the amount of three thousand dollars ($3,000) per unit of alternative education grant average daily attendance, determined pursuant to paragraph (6) of subdivision (c) of Section 2574, to
be used for the following student support and enrichment opportunity purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Expanding access to A–G courses.
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<html:p>
(2)
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Dual enrollment partnerships.
</html:p>
<html:p>
(3)
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Elective and world language courses.
</html:p>
<html:p>
(4)
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Vocational and career technical education.
</html:p>
<html:p>
(5)
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Preparation for and application for admission into institutions of higher education.
</html:p>
<html:p>
(6)
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College and career counseling.
</html:p>
<html:p>
(7)
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Transition counseling.
</html:p>
<html:p>
(8)
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Mental health support services.
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<html:p>
(9)
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Certificated or classified employees who provide services to achieve the objectives of this paragraph.
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<html:p>
(10)
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High school completion, including access to high school equivalency examinations.
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<html:p>
(11)
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For purposes of implementing Sections 858 and 889.2 of the Welfare and Institutions Code.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 2576 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_FFE19612-E92A-4855-BFBA-F570CD56B39B">
<ns0:Num>2576.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a county superintendent of schools enrolls in a school operated by the county superintendent of schools a pupil not funded pursuant to clause (i), (ii), or (iii) of subparagraph (A) of paragraph (5) of subdivision (c) of Section 2574, or Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, any attendance generated by that pupil shall be credited to the school district of residence. Notwithstanding Section 42238.05, funding generated by this average daily attendance shall be allocated based on average daily attendance reported in the current year in accordance with Section 41601.
Enrollment of these pupils shall be transferred to the school district of residence for purposes of calculating the percentage of unduplicated pupils pursuant to Section 42238.02.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the school district of residence for a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), enrolled in a school operated by a county superintendent of schools shall be deemed to be the school district that last provided educational services to the homeless child or youth or, if it is not possible to determine that school district, the nonbasic aid school district with the largest average daily attendance in the county that serves the grade level in which the homeless child or youth would be enrolled.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a county superintendent of schools grants permission to a pupil to attend
school in an adjoining state pursuant to Section 2000, attendance generated by that pupil shall be credited to the school district of residence.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Commencing with the 2019–20 fiscal year, the Superintendent shall transfer to the county, wherein a pupil is enrolled, the amount calculated for the school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance credited to the school district of residence pursuant to this section. The Superintendent may transfer an alternative amount for each unit of average daily attendance credited to the school district of residence pursuant to this section, if the school district of residence and the county superintendent of schools agree to the alternative amount and report it to the Superintendent under procedures and timeframes established by the Superintendent.
</html:p>
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<ns0:BillSection id="id_9ABFD57C-8165-4F75-8C96-800058F6395E">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'24.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42238.02.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 42238.02 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_2ADC308C-085C-4E48-AE8D-656A581E108D">
<ns0:Num>42238.02.</ns0:Num>
<ns0:LawSectionVersion id="id_B8FD30B3-07D9-4F05-868C-6BD1A4B094EE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section “unduplicated pupil” means a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reduced-price meal, or is a foster youth. A pupil shall be counted only once for purposes of this section if any of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The pupil is classified as an English learner and is eligible for a free or reduced-price meal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The pupil is classified as an English learner
and is a foster youth.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The pupil is eligible for a free or reduced-price meal and is classified as a foster youth.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a school district or charter school shall annually submit its enrolled free and reduced-price meal eligibility, foster youth, and English learner pupil-level records for enrolled pupils to the Superintendent using the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing with the 2013–14 fiscal year, a county office of education shall review and validate certified
aggregate English learner, foster youth, and free or reduced-price meal eligible pupil data for school districts and charter schools under its jurisdiction to ensure the data is reported accurately. The Superintendent shall provide each county office of education with appropriate access to school district and charter school data reports in the California Longitudinal Pupil Achievement Data System for purposes of ensuring data reporting accuracy.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Controller shall include the instructions necessary to enforce paragraph (2) in the audit guide required by Section 14502.1. The instructions shall include, but are not limited to, procedures for determining if the English learner, foster youth, and free or reduced-price meal eligible pupil counts are consistent with the school district’s or charter school’s English learner, foster youth, and free or
reduced-price meal eligible pupil records.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Superintendent shall make the calculations pursuant to this section using the data submitted by local educational agencies, including charter schools, through the California Longitudinal Pupil Achievement Data System. Under timeframes and procedures established by the Superintendent, school districts and charter schools may review and revise their submitted data on English learner, foster youth, and free or reduced-price meal eligible pupil counts to ensure the accuracy of data reflected in the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The Superintendent shall annually compute the percentage of unduplicated pupils for each school district and charter school by dividing the enrollment of unduplicated pupils in a school district or charter school by the total enrollment in that school district or charter school
pursuant to all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For the 2013–14 fiscal year, divide the sum of unduplicated pupils for the 2013–14 fiscal year by the sum of the total pupil enrollment for the 2013–14 fiscal year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the 2014–15 fiscal year, divide the sum of unduplicated pupils for the 2013–14 and 2014–15 fiscal years by the sum of the total pupil enrollment for the 2013–14 and 2014–15 fiscal years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of unduplicated pupils for the current fiscal year and the two prior fiscal years by the sum of the total pupil enrollment for the current fiscal year and the two prior fiscal years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For purposes of the quotients determined pursuant to subparagraphs (B)
and (C), the Superintendent shall use a school district’s or charter school’s enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
It is the intent of the Legislature to review each school district and charter school’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a school district or charter school with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law, for purposes of subparagraph (C), the unduplicated pupils and total pupil enrollment in prior fiscal years shall be the
following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For a transferred charter school, the counts shall be equal to the counts reported for the original charter school.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For an acquiring charter school, the counts shall be equal to the counts reported for the original charter school. This subclause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For the restructured portions of a divided charter school, the counts shall be zero.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
For the remaining portion of a divided charter school, the counts shall be equal to the counts reported for the original charter school.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The definitions in Section 47654 apply for purposes of this subparagraph.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a) of Section 14002, the data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall annually calculate a local control funding formula grant for each school district and charter school in the state pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Superintendent shall compute a grade span adjusted base grant equal to the total of the following amounts:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For
the 2013–14 fiscal year, a base grant of:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Six thousand eight hundred forty-five dollars ($6,845) for average daily attendance in kindergarten and grades 1 to 3, inclusive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Six thousand nine hundred forty-seven dollars ($6,947) for average daily attendance in grades 4 to 6, inclusive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Seven thousand one hundred fifty-four dollars ($7,154) for average daily attendance in grades 7 and 8.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Eight thousand two hundred eighty-nine dollars ($8,289) for average daily attendance in grades 9 to 12, inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In each year the grade span adjusted base grants in paragraph (1) shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for
State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant as adjusted pursuant to paragraphs (2) and (5) equal to 10.4 percent. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by
paragraphs (2) and (5), by 10.4 percent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Until paragraph (4) of subdivision (b) of Section 42238.03 is effective, as a condition of the receipt of funds in this paragraph, a school district shall make progress toward maintaining an average class enrollment of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative annual average class enrollment for each schoolsite in those grades is agreed to by the school district, pursuant to the following calculation:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Determine a school district’s average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the prior year. For the 2013–14 fiscal year, this amount shall be the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the 2012–13 fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determine a school district’s proportion of total need pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Determine the percentage of the need calculated in clause (ii) that is met by funding provided to the school district pursuant to paragraph (3) of subdivision (b) of Section 42238.03.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Determine the difference between the amount computed pursuant to clause (i) and an average class enrollment of not more than 24 pupils.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Calculate a current year average class enrollment adjustment for each schoolsite for kindergarten and grades 1 to 3, inclusive, equal to the adjustment calculated in clause (iv) multiplied by the percentage determined pursuant to clause (iii).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
School districts that have an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24 pupils or less for each schoolsite in the 2012–13 fiscal year, shall be exempt from the requirements of subparagraph (B) so long as the school district continues to maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils, unless a collectively bargained alternative ratio is agreed to by the school district.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Upon full implementation of the local control funding formula, as a condition of the receipt of funds in this paragraph, all school districts shall maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative ratio is
agreed to by the school district.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), for purposes of meeting the requirements of paragraph (1) of subdivision (g) of Section 48000, a school district shall maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The average class enrollment requirement for each schoolsite for kindergarten and grades 1 to 3, inclusive, established pursuant to this paragraph shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The Controller shall include the instructions necessary to enforce this paragraph in the audit guide required by Section 14502.1. The instructions shall include, but are not
limited to, procedures for determining if the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, exceeds 24 pupils, or an alternative average class enrollment for each schoolsite pursuant to a collectively bargained alternative ratio. The procedures for determining average class enrollment for each schoolsite shall include criteria for employing sampling.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Superintendent shall compute an additional adjustment to the base grant for grades 9 to 12, inclusive, as adjusted pursuant to paragraphs (2) and (5), equal to 2.6 percent. The additional grant shall be calculated by multiplying the base grant for grades 9 to 12, inclusive, as adjusted by paragraphs (2) and (5) by 2.6 percent.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the 2022–23 fiscal year, the Superintendent shall increase the base grants for kindergarten and grades 1 to 12, inclusive, by 6.7
percent. This adjustment shall be calculated by multiplying the grade span-adjusted base grants calculated pursuant to paragraph (2) for the 2021–22 fiscal year by 6.7 percent. The adjustment shall be included in grade span-adjusted base grants amounts for purposes of the adjustment pursuant to paragraph (2) commencing with the 2023–24 fiscal year.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Superintendent shall compute a supplemental grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b). The supplemental grant shall be calculated by multiplying the base
grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in that school district or charter school. The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The Superintendent shall compute a special education grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of
subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of pupils who are severely disabled and served by the school district or charter school. The special education grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of pupils who are severely disabled calculated pursuant to subparagraph (B) in that school district or charter school. The special education grant shall be expended for pupils who are severely disabled.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Special education grant recipients shall prioritize early interventions for pupils who are severely disabled.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
It is the intent of the Legislature that special education grants received pursuant to clause (i) should supplement, not supplant, other funding for special education, including, but not limited, funding pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Superintendent shall determine the enrollment percentage of pupils who are severely disabled by dividing the sum of the enrollment of pupils who are severely disabled and served by a school district or charter school in the current fiscal year and the two prior fiscal years by the sum of the total enrollment in the school district or charter school in the current fiscal year and the two prior fiscal years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Under procedures and timeframes established by the Superintendent, school districts and charter schools annually
shall report the enrollment of pupils who are severely disabled and served by the school district or charter school, as applicable, to the Superintendent using the California Longitudinal Pupil Achievement Data System. The Superintendent shall make the calculations pursuant to this paragraph using the data submitted through the California Longitudinal Pupil Achievement Data System.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, “severely disabled” shall have the same meaning as specified in Section 56030.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Superintendent shall compute a concentration grant add-on equal to 50 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s
percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 50 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing with the 2021–22 fiscal year, the concentration grant add-on referenced in subparagraph (A) shall instead be equal to 65 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school
district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 65 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a charter school physically located in only one school district, the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed the percentage of unduplicated pupils
calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district in which the charter school is physically located. For a charter school physically located in more than one school district, the charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed that of the school district with the highest percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school districts in which the charter school has a school facility. The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph and subparagraph (A) of paragraph (1) of subdivision (f) of Section 42238.03, a charter school shall report its physical location to the department under
timeframes established by the department. For a charter school authorized by a school district, the department shall include the authorizing school district in the department’s determination of physical location. For a charter school authorized on appeal pursuant to subdivision (k) of Section 47605, the department shall include the school district that initially denied the petition in the department’s determination of physical location. Notwithstanding subdivision (a) of Section 14002, the reported physical location of the charter school shall be considered final as of the second principal apportionment for that fiscal year, and, for purposes of this paragraph, the percentage of unduplicated pupils of the school district associated with the charter school pursuant to subparagraph (A) shall be considered final as of the second principal apportionment for that fiscal year.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Superintendent shall compute an add-on
to the total sum of a school district’s or charter school’s base, supplemental, concentration, and special education grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2, for the 2012–13 fiscal year, as that article read on January 1, 2013. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount of funding received by the school district or charter school from that program in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section
42238.03.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Section 42238.05, for the 2022–23 fiscal year to the 2024–25 fiscal year, inclusive, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, concentration, and special education grants equal to two thousand eight hundred thirteen dollars ($2,813) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2023–24 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of
paragraph (2) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing with the 2025–26 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, concentration, and special education grants equal to five thousand five hundred forty-five dollars ($5,545) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2026–27 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature
that the costs to meet the requirements of paragraph (3) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, concentration, and special education grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article
4.5 (commencing with Section 42290), as those articles read on January 1, 2013, for the 2012–13 fiscal year. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount received by the school district or charter school for those programs in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the funding sources specified in paragraph (1) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to
that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, concentration, and special education grants equal to the amount of the entitlement to funding transferred by the joint powers agency to the member school district or charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing in the 2023–24 fiscal year, the add-on amounts referenced in paragraphs (1) and (2) shall receive the annual
cost-of-living adjustment specified in paragraph (2) of subdivision (d).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The sum of the local control funding formula rates computed pursuant to subdivisions (c) to (f), inclusive, shall be multiplied by:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For school districts, the average daily attendance of the school district in the corresponding grade level ranges computed pursuant to Section 42238.05, excluding the average daily attendance computed pursuant to paragraph (2) of subdivision (a) of Section 42238.05 for purposes of the computation specified in subdivision (d).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For charter schools, the total current year average daily attendance in the corresponding grade level ranges.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amount computed pursuant to Article 4 (commencing with Section 42280)
shall be added to the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied by subparagraph (A) or (B) of paragraph (1), as appropriate.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The Superintendent shall adjust the sum of each school district’s or charter school’s amount determined in subdivisions (g) to (i), inclusive, pursuant to the calculation specified in Section 42238.03, less the sum of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Prior years’ taxes and taxes on the unsecured roll.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Fifty percent of the amount received pursuant to Section 41603.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less 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 and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A school district shall annually transfer to each of its charter schools funding in lieu of property taxes pursuant to Section 47635.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section
does not authorize a school district that receives funding on behalf of a charter school pursuant to Section 47651 to redirect this funding for another purpose unless otherwise authorized in law pursuant to paragraph (2) or pursuant to an agreement between the charter school and its chartering authority.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A school district that received funding on behalf of a locally funded charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or a school district that was required to pass through funding to a conversion charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42606, as that section read on January 1, 2013, may annually redirect for another purpose a percentage of the amount of the funding received on behalf of that charter school. The percentage of
funding that may be redirected shall be determined pursuant to the following computation:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
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Determine the sum of the need fulfilled for that charter school pursuant to paragraph (3) of subdivision (b) of Section 42238.03 in the then current fiscal year for the charter school.
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<html:p>
(ii)
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Determine the sum of the need fulfilled in every fiscal year before the then current fiscal year pursuant to paragraph (3) of subdivision (b) of Section 42238.03 adjusted for changes in average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.03 for the charter school.
</html:p>
<html:p>
(iii)
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Subtract the amount computed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42238.03 from the amount computed for that charter school under the local control funding formula
entitlement computed pursuant to subdivision (i) of this section.
</html:p>
<html:p>
(iv)
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Compute a percentage by dividing the sum of the amounts computed pursuant to clauses (i) and (ii) by the amount computed pursuant to clause (iii).
</html:p>
<html:p>
(B)
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Multiply the percentage computed pursuant to subparagraph (A) by the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013.
</html:p>
<html:p>
(C)
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The maximum amount that may be redirected shall be the lesser of the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and
subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or the amount computed pursuant to subparagraph (B).
</html:p>
<html:p>
(3)
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Commencing with the 2013–14 fiscal year, a school district operating one or more affiliated charter schools shall provide each affiliated charter school schoolsite with no less than the amount of funding the schoolsite received pursuant to the charter school block grant in the 2012–13 fiscal year.
</html:p>
<html:p>
(m)
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Any calculations in law that are used for purposes of determining if a local educational agency is an excess tax school entity or basic aid school district, including, but not limited to, this section and Sections 41544, 42238.03, 47632, 47660, 47663, 48310, and 48359.5, and Section 95 of the Revenue and Taxation Code, shall exclude the revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of
the California Constitution.
</html:p>
<html:p>
(n)
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The funds apportioned pursuant to this section and Section 42238.03 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
</html:p>
<html:p>
(o)
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A school district that does not receive an apportionment of state funds pursuant to this section, as implemented pursuant to Section 42238.03, excluding funds apportioned pursuant to the requirements of subparagraph (A) of paragraph (2) of subdivision (e) of Section 42238.03, shall be considered a “basic aid school district” or an “excess tax entity.”
</html:p>
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<ns0:BillSection id="id_CDD6BCAD-62D0-4CE3-A8BB-189E56F3F8DA">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 46600 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4BE1AA2D-BF72-4975-B5C9-CDE394CC087A">
<ns0:Num>46600.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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(1)
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The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer,
and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4).
</html:p>
<html:p>
(2)
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The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of
the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
</html:p>
<html:p>
(4)
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Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the
request of the parent, be given priority for interdistrict attendance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
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Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active duty military parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A school district of residence shall approve an intradistrict
transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer.
</html:p>
<html:p>
(3)
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A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision
until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.
</html:p>
<html:p>
(4)
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(A)
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For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with
Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.
</html:p>
<html:p>
(5)
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(A)
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Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A
school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to paragraph (1) of
subdivision (e) of Section 42238.02.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B476F605-58A9-4C3C-99CC-4D2DF251F371">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
</ns0:Content>
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