California Senate Bill SB698 Amended / Bill

 BILL NUMBER: SB 698AMENDED BILL TEXT AMENDED IN SENATE APRIL 2, 2009 INTRODUCED BY Senator Negrete McLeod FEBRUARY 27, 2009 An act  to amend Sections 2550.1 and 2558.46 of the Education Code,  relating to juvenile court schools. LEGISLATIVE COUNSEL'S DIGEST SB 698, as amended, Negrete McLeod. Juvenile court schools: funding. Existing law provides for the administration and operation of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities,  or   and  Orange County youth correctional centers, as specified. Existing law requires the county board of education to provide for the administration and operation of juvenile court schools either by the county superintendent of schools, as specified, or by contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located.  Existing law requires the Superintendent of Public Instruction to compute an inflation adjusted revenue limit for juvenile court school programs operated by a county superintendent of schools.   This bill would require for each reporting period the use of average daily enrollment instead of average daily attendance in computing the revenue limit for each such school. The bill would define average daily enrollment.   Existing law requires a revenue limit to be calculated for each county superintendent of schools, adjusted for various factors, and reduced, as specified. Existing law reduces the revenue limit for each county superintendent of schools for the 2008-09 fiscal year by a deficit factor of 7.839%, and for the 2009-10 fiscal year by a deficit factor of 13.360%.  This bill would  state the intent of the Legislature to enact legislation to develop an adequate funding formula to address the specific educational needs of the state's wards who receive educational services in these juvenile court schools   exempt the revenue limit funding   generated by pupils enrolled in juvenile court school programs from the deficit factor reduction for the 2008-09 and 2009-10 fiscal years  . Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.  (a)    The Legislature finds and declares all of the following:  (1)   (a)  Chapter 175 of the Statutes of 2007 redefined the offenses for which a ward may be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.  (2)   (b)  Over the past decade, the wards detained in county facilities have become a higher cost population to serve than in previous years.  (3)   (c)  The funding allocated for the education of wards under the jurisdiction of the county juvenile court schools does not adequately reflect the needs of these students.  (4)  (d)  Studies have shown that the educational success of delinquent and probation youth dramatically reduces recidivism and prevents entry into the Department of Corrections and Rehabilitation.  (5)   (e)  Studies further show that the educational success of delinquent and probation youth results in tremendous savings to the state in social services, health care, and unemployment costs.  (b) It is the intent of the Legislature to enact legislation that would develop an adequate funding formula to address the specific educational needs of the state's wards who receive educational services pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 of the Education Code.   SEC. 2.   Section 2550.1 of the   Education Code   is amended to read:  2550.1. (a) Commencing with the 2002-03 fiscal year, and each fiscal year thereafter, for juvenile court school programs operated by county superintendents of schools pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 and for county community school programs operated by county superintendents of schools pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2, the Superintendent of Public Instruction shall make the following computations: (1) Apply an inflation adjustment equal to the percentage increase applied to the statewide average revenue limit for school districts pursuant to Section 42238.1, multiplied by the revenue limits of the prior fiscal year for each juvenile court school program and for each county community school program, including programs with average daily attendance for pupils enrolled pursuant to subdivision (c) of Section 1981 that exceeds the average daily attendance claimed in the 1991-92 fiscal year. (2)  (A)  Multiply the revenue limits per unit of average daily attendance computed in paragraph (1) by the number of units of average daily attendance for each juvenile court school program and county community school program operated in that same fiscal year.  (B) For purposes of this paragraph, for each reporting period the average daily attendance of pupils enrolled in juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 shall be the average daily enrollment. For purposes of this paragraph, "average daily enrollment" means the sum of the daily count of wards of the court in placement at a facility with a juvenile court school, as defined in Section 48645.1, divided by the divisor specified for each reporting period in subdivision (b) of Section 41601 for schools and classes maintained by the county superintendent of schools.  (b) Cost-of-living adjustments to revenue limits per unit average daily attendance in juvenile court school and county community school programs operated by county superintendents of schools shall be computed pursuant to paragraph (1) of subdivision (a) in fiscal years in which appropriations are provided for that purpose.  SEC. 3.   Section 2558.46 of the   Education Code   is amended to read:  2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced by a 1.195 percent deficit factor. (2) For the 2004-05 fiscal year, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced by a 0.323 percent deficit factor. (3) For the 2003-04 and 2004-05 fiscal years, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced further by a 1.826 percent deficit factor. (4) For the 2005-06 fiscal year, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced further by a 0.898 percent deficit factor. (5) For the 2008-09 fiscal year, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced by a 7.839 percent deficit factor.  Notwithstanding this paragraph, the deficit factor reduction shall not be applied to the revenue limit funding generated by pupils enrolled in juvenile court school programs operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2.  (6) For the 2009-10 fiscal year, the revenue limit for each county superintendent of schools determined pursuant to this article shall be reduced by a 13.360 percent deficit factor.  Notwithstanding this paragraph, the deficit factor reduction shall not be applied to the   revenue limit funding generated by pupils enrolled in juvenile court school programs operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2.  (b) In computing the revenue limit for each county superintendent of schools for the 2006-07 fiscal year pursuant to this article, the revenue limit shall be determined as if the revenue limit for that county superintendent of schools had been determined for the 2003-04, 2004-05, and 2005-06 fiscal years without being reduced by the deficit factors specified in subdivision (a). (c) In computing the revenue limit for each county superintendent of schools for the 2010-11 fiscal year pursuant to this article, the revenue limit shall be determined as if the revenue limit for that county superintendent of schools had been determined for the 2009-10 fiscal year without being reduced by the deficit factors specified in subdivision (a).