CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 830Introduced by Senator PortantinoJanuary 03, 2022 An act to add Section 41338 to the Education Code, relating to education finance. LEGISLATIVE COUNSEL'S DIGESTSB 830, as introduced, Portantino. Education finance: supplemental education funding. 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, that includes average daily attendance as a component of that calculation for these local educational agencies. Existing law requires the Superintendent of Public Instruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency. This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district or county office of education, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. The bill, commencing with the 202324 fiscal year, would authorize a county office of education or school district to apply each fiscal year to the Superintendent for supplemental education funding. The bill would require a local educational agency to receive as supplemental education funding the difference between what the local educational agency would have received under the local control funding formula based on average daily membership and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year, as provided. In order for a local educational agency to be eligible for supplemental educational funding, the bill would require the local educational agency to report to the Superintendent on July 1 the average daily membership for the prior academic year and to demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy, as provided. The bill would require local educational agencies to use at least 50% of their supplemental education funding to supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided. The bill would condition implementation of these provisions upon the appropriation of funds for these purposes in the annual Budget Act or other statute.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 41338 is added to the Education Code, to read:41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 830Introduced by Senator PortantinoJanuary 03, 2022 An act to add Section 41338 to the Education Code, relating to education finance. LEGISLATIVE COUNSEL'S DIGESTSB 830, as introduced, Portantino. Education finance: supplemental education funding. 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, that includes average daily attendance as a component of that calculation for these local educational agencies. Existing law requires the Superintendent of Public Instruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency. This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district or county office of education, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. The bill, commencing with the 202324 fiscal year, would authorize a county office of education or school district to apply each fiscal year to the Superintendent for supplemental education funding. The bill would require a local educational agency to receive as supplemental education funding the difference between what the local educational agency would have received under the local control funding formula based on average daily membership and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year, as provided. In order for a local educational agency to be eligible for supplemental educational funding, the bill would require the local educational agency to report to the Superintendent on July 1 the average daily membership for the prior academic year and to demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy, as provided. The bill would require local educational agencies to use at least 50% of their supplemental education funding to supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided. The bill would condition implementation of these provisions upon the appropriation of funds for these purposes in the annual Budget Act or other statute.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 830
Introduced by Senator PortantinoJanuary 03, 2022
Introduced by Senator Portantino
January 03, 2022
An act to add Section 41338 to the Education Code, relating to education finance.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 830, as introduced, Portantino. Education finance: supplemental education funding.
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, that includes average daily attendance as a component of that calculation for these local educational agencies. Existing law requires the Superintendent of Public Instruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency. This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district or county office of education, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. The bill, commencing with the 202324 fiscal year, would authorize a county office of education or school district to apply each fiscal year to the Superintendent for supplemental education funding. The bill would require a local educational agency to receive as supplemental education funding the difference between what the local educational agency would have received under the local control funding formula based on average daily membership and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year, as provided. In order for a local educational agency to be eligible for supplemental educational funding, the bill would require the local educational agency to report to the Superintendent on July 1 the average daily membership for the prior academic year and to demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy, as provided. The bill would require local educational agencies to use at least 50% of their supplemental education funding to supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided. The bill would condition implementation of these provisions upon the appropriation of funds for these purposes in the annual Budget Act or other 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, that includes average daily attendance as a component of that calculation for these local educational agencies. Existing law requires the Superintendent of Public Instruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency.
This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district or county office of education, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. The bill, commencing with the 202324 fiscal year, would authorize a county office of education or school district to apply each fiscal year to the Superintendent for supplemental education funding. The bill would require a local educational agency to receive as supplemental education funding the difference between what the local educational agency would have received under the local control funding formula based on average daily membership and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year, as provided. In order for a local educational agency to be eligible for supplemental educational funding, the bill would require the local educational agency to report to the Superintendent on July 1 the average daily membership for the prior academic year and to demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy, as provided. The bill would require local educational agencies to use at least 50% of their supplemental education funding to supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided. The bill would condition implementation of these provisions upon the appropriation of funds for these purposes in the annual Budget Act or other statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 41338 is added to the Education Code, to read:41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
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 41338 is added to the Education Code, to read:41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
SECTION 1. Section 41338 is added to the Education Code, to read:
### SECTION 1.
41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
41338. (a) For purposes of this section, the following terms have the following meanings:(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. (2) Local educational agency means a school district or county office of education.(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31. (2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year. (d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.
41338. (a) For purposes of this section, the following terms have the following meanings:
(1) Average daily membership means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year.
(2) Local educational agency means a school district or county office of education.
(b) Commencing with the 202324 fiscal year, and each fiscal year thereafter, a local educational agency may apply to the Superintendent for supplemental education funding. A local educational agency shall receive as supplemental education funding an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0).
(c) In order to be eligible for supplemental education funding under this section, a local educational agency shall comply with both of the following requirements:
(1) Report to the Superintendent by July 1 the average daily membership of the local educational agency for the prior academic year. Local educational agencies shall have the opportunity to clarify or confirm their average daily membership, as necessary, until August 31.
(2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 201920 school year.
(d) At least 50 percent of the funds allocated pursuant to this section shall supplement existing local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.
(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(f) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.
(g) The implementation of this section is contingent upon an appropriation of funds for its purpose in the annual Budget Act or other statute.