California 2019 2019-2020 Regular Session

California Assembly Bill AB297 Amended / Bill

Filed 03/04/2019

                    Amended IN  Assembly  March 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 297Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)(Coauthor: Assembly Member Dahle)January 28, 2019 An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 297, as amended, Gallagher. Emergency average daily attendance.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 provides that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county, which county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.This bill would require the Superintendent to extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5% of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.

 Amended IN  Assembly  March 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 297Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)(Coauthor: Assembly Member Dahle)January 28, 2019 An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 297, as amended, Gallagher. Emergency average daily attendance.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 provides that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county, which county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.This bill would require the Superintendent to extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5% of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 04, 2019

Amended IN  Assembly  March 04, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 297

Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)(Coauthor: Assembly Member Dahle)January 28, 2019

Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)(Coauthor: Assembly Member Dahle)
January 28, 2019

 An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 297, as amended, Gallagher. Emergency average daily attendance.

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 provides that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county, which county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.This bill would require the Superintendent to extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5% of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.This bill would declare that it is to take effect immediately as an urgency statute.

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 provides that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county, which county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.

This bill would require the Superintendent to extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5% of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.

This bill would declare that it is to take effect immediately as an urgency statute.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.

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

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

SECTION 1. Section 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.

SECTION 1. Section 46392 of the Education Code is amended to read:

### SECTION 1.

46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.

46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.

46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(d) This section applies to any average daily attendance that occurs during any part of a school year.



46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:

(1) Fire.

(2) Flood.

(3) Impassable roads.

(4) Epidemic.

(5) Earthquake.

(6) The imminence of a major safety hazard as determined by the local law enforcement agency.

(7) A strike involving transportation services to pupils provided by a nonschool entity.

(8) An order provided for in Section 41422.

(b) (1) If a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.

(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.

(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, 2017 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.

(4) Notwithstanding any other law, the Superintendent shall extend through the 201920 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, 2018 for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency and for a charter school where no less than 5 percent of the residences within the school district in which the charter school is located or charter school facilities were destroyed by the qualifying emergency.

(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.

(d) This section applies to any average daily attendance that occurs during any part of a school year.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 2.

The Camp Fire, which started on November 8, 2018, in the County of Butte, is the deadliest and most destructive wildfire in California history. In order to timely provide essential relief and ensure continued operations of the affected charter schools and school districts, it is necessary that this act take effect immediately.