California Assembly Bill AB348 Amended / Bill

 BILL NUMBER: AB 348AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Conway FEBRUARY 13, 2013 An act to  amend Section 41601.7   add and repeal Section 42283.5  of the Education Code, relating to  high  school finance. LEGISLATIVE COUNSEL'S DIGEST AB 348, as amended, Conway. School finance: necessary small  schools.   schools: Hot Springs Elementary School District.   (1) Existing law requires the county superintendent of schools to make certain computations for each necessary small school of each school district with less than 2,501 units of 2nd principal apportionment average daily attendance.   This bill would, until July 1, 2018, deem Hot Springs Elementary School and Johnsondale Elementary School, which are within the Hot Springs Elementary School District, necessary small schools. The bill would, instead of the necessary small schools apportionment, apportion $150,000 each fiscal year to the Hot Springs Elementary School District for those 2 schools in addition to the amount per unit of average daily attendance received by the school district and calculated, as specified, if either school does not exceed 28 units of average daily attendance in any fiscal year.   (2) This bill would make legislative findings and declarations as to the necessity of a special statute for Hot Springs Elementary School District.   Existing law authorizes a school district with an increase or decrease in the number of units of average daily attendance at a necessary small high school from the second principal apportionment to the annual apportionment to request the county superintendent of schools to adjust the school district's revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment for the necessary small high school in lieu of the units of average daily attendance for the second principal apportionment if specified conditions are met.  This bill would make nonsubstantive changes to this provision.  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.   Section 42283.5 is added to the   Education Code   , to read:   42283.5. (a) Notwithstanding any provision of this article or any other law, Hot Springs Elementary School and Johnsondale Elementary School, which are within the Hot Springs Elementary School District, each shall be deemed a necessary small school, as defined in Section 42283. Instead of the amount calculated for necessary small schools, and in addition to the amount per unit of average daily attendance received by the Hot Springs Elementary School District, as calculated pursuant to Article 2 (commencing with Section 42238), the Hot Springs Elementary School District shall receive in each fiscal year, commencing with the 2012-13 fiscal year, a seventy-five-thousand-dollar ($75,000) apportionment for Hot Springs Elementary School and a seventy-five-thousand-dollar ($75,000) apportionment for Johnsondale Elementary School. (b) If Hot Springs Elementary School or Johnsondale Elementary School exceeds 28 units of average daily attendance in a fiscal year, the school is no longer entitled to receive the apportionments set forth in subdivision (a). (c) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Hot Springs Elementary School District.       SECTION 1.   Section 41601.7 of the Education Code is amended to read: 41601.7. A school district with an increase or decrease in the number of units of average daily attendance at a necessary small high school from the second principal apportionment to the annual apportionment may request the county superintendent of schools to adjust the school district's revenue limit or block grant by using the units of average daily attendance for the annual apportionment for the necessary small high school in lieu of the units of average daily attendance for the second principal apportionment. To qualify for this adjustment, the following conditions shall be met: (1) The increase or decrease in the units of average daily attendance between the two periods at the necessary small high school shall be equal to or greater than 15 percent and such increase or decrease shall be attributable to pupils attending a necessary small high school that provides a program of education with individualized instruction in a residential setting at an institution for pupils who have been placed in foster care for rehabilitation purposes pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (2) The school district reimburses the county superintendent of schools for the administrative costs of making the adjustment prescribed by this section.