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| 1 | + | Amended IN Senate April 18, 2022 Amended IN Senate March 09, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 830Introduced by Senator Portantino(Principal coauthor: Senator Rubio)(Coauthors: Senators Dodd, Hueso, Limn, Newman, Stern, and Wiener)(Coauthors: Assembly Members Mia Bonta, Bryan, Gray, Lackey, Levine, Luz Rivas, Ting, and Valladares)January 03, 2022 An act to add Section 41338 to the Education Code, relating to education finance. LEGISLATIVE COUNSEL'S DIGESTSB 830, as amended, 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, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, 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. The bill would make that maintenance of effort requirement subject to an annual audit and would provide that failure to meet the maintenance of effort requirement shall result in the loss of the supplemental education funding. The bill would require local educational agencies to use at least 30% of their supplemental education funding to either supplement or supplant existing for local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided.This bill would, for purposes of calculating a local educational agencys average daily membership, require the Superintendent to issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant. The bill would require the Legislative Analysts Office to submit a report to the Legislature, on or before November 1, 2028, on the implementation of the average daily membership funding in local educational agencies selected by the Legislative Analysts Office, as provided. The bill would expressly state that funds to implement these provisions would be continuously appropriated in the annual Budget Act.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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 18, 2022 Amended IN Senate March 09, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 830Introduced by Senator Portantino(Principal coauthor: Senator Rubio)(Coauthors: Senators Dodd, Hueso, Limn, Newman, Stern, and Wiener)(Coauthors: Assembly Members Mia Bonta, Bryan, Gray, Lackey, Levine, Luz Rivas, Ting, and Valladares)January 03, 2022 An act to add Section 41338 to the Education Code, relating to education finance. LEGISLATIVE COUNSEL'S DIGESTSB 830, as amended, 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, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, 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. The bill would make that maintenance of effort requirement subject to an annual audit and would provide that failure to meet the maintenance of effort requirement shall result in the loss of the supplemental education funding. The bill would require local educational agencies to use at least 30% of their supplemental education funding to either supplement or supplant existing for local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided.This bill would, for purposes of calculating a local educational agencys average daily membership, require the Superintendent to issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant. The bill would require the Legislative Analysts Office to submit a report to the Legislature, on or before November 1, 2028, on the implementation of the average daily membership funding in local educational agencies selected by the Legislative Analysts Office, as provided. The bill would expressly state that funds to implement these provisions would be continuously appropriated in the annual Budget Act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 18, 2022 Amended IN Senate March 09, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate May 19, 2022 | |
| 8 | 7 | Amended IN Senate April 18, 2022 | |
| 9 | 8 | Amended IN Senate March 09, 2022 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 830 | |
| 16 | 15 | ||
| 17 | - | Introduced by Senator Portantino(Principal coauthor: Senator Rubio | |
| 16 | + | Introduced by Senator Portantino(Principal coauthor: Senator Rubio)(Coauthors: Senators Dodd, Hueso, Limn, Newman, Stern, and Wiener)(Coauthors: Assembly Members Mia Bonta, Bryan, Gray, Lackey, Levine, Luz Rivas, Ting, and Valladares)January 03, 2022 | |
| 18 | 17 | ||
| 19 | - | Introduced by Senator Portantino(Principal coauthor: Senator Rubio | |
| 18 | + | Introduced by Senator Portantino(Principal coauthor: Senator Rubio)(Coauthors: Senators Dodd, Hueso, Limn, Newman, Stern, and Wiener)(Coauthors: Assembly Members Mia Bonta, Bryan, Gray, Lackey, Levine, Luz Rivas, Ting, and Valladares) | |
| 20 | 19 | January 03, 2022 | |
| 21 | 20 | ||
| 22 | 21 | An act to add Section 41338 to the Education Code, relating to education finance. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | SB 830, as amended, Portantino. Education finance: supplemental | |
| 27 | + | SB 830, as amended, Portantino. Education finance: supplemental education funding. | |
| 29 | 28 | ||
| 30 | - | 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, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, to receive as supplemental | |
| 29 | + | 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, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, 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. The bill would make that maintenance of effort requirement subject to an annual audit and would provide that failure to meet the maintenance of effort requirement shall result in the loss of the supplemental education funding. The bill would require local educational agencies to use at least 30% of their supplemental education funding to either supplement or supplant existing for local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided.This bill would, for purposes of calculating a local educational agencys average daily membership, require the Superintendent to issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant. The bill would require the Legislative Analysts Office to submit a report to the Legislature, on or before November 1, 2028, on the implementation of the average daily membership funding in local educational agencies selected by the Legislative Analysts Office, as provided. The bill would expressly state that funds to implement these provisions would be continuously appropriated in the annual Budget Act. | |
| 31 | 30 | ||
| 32 | 31 | 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. | |
| 33 | 32 | ||
| 34 | - | This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, to receive as supplemental | |
| 33 | + | This bill would define average daily membership as the quotient of the aggregate enrollment days for all pupils in a school district, county office of education, or charter school, 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 would require a local educational agencys average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment, as provided. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the bill would require the Superintendent to use a local educational agencys census day enrollment count, as provided. The bill, commencing with the 202223 fiscal year, would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism, as provided, 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. The bill would make that maintenance of effort requirement subject to an annual audit and would provide that failure to meet the maintenance of effort requirement shall result in the loss of the supplemental education funding. The bill would require local educational agencies to use at least 30% of their supplemental education funding to either supplement or supplant existing for local educational agency expenditures to address chronic absenteeism and habitual truancy, as provided. | |
| 35 | 34 | ||
| 36 | 35 | This bill would, for purposes of calculating a local educational agencys average daily membership, require the Superintendent to issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant. The bill would require the Legislative Analysts Office to submit a report to the Legislature, on or before November 1, 2028, on the implementation of the average daily membership funding in local educational agencies selected by the Legislative Analysts Office, as provided. The bill would expressly state that funds to implement these provisions would be continuously appropriated in the annual Budget Act. | |
| 37 | 36 | ||
| 38 | 37 | ## Digest Key | |
| 39 | 38 | ||
| 40 | 39 | ## Bill Text | |
| 41 | 40 | ||
| 42 | - | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 41 | + | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 43 | 42 | ||
| 44 | 43 | The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | 45 | ## The people of the State of California do enact as follows: | |
| 47 | 46 | ||
| 48 | - | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 47 | + | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 49 | 48 | ||
| 50 | 49 | SECTION 1. Section 41338 is added to the Education Code, to read: | |
| 51 | 50 | ||
| 52 | 51 | ### SECTION 1. | |
| 53 | 52 | ||
| 54 | - | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 53 | + | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 55 | 54 | ||
| 56 | - | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 55 | + | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 57 | 56 | ||
| 58 | - | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 57 | + | 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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.(2) Local educational agency means a school district, county office of education, or charter school.(b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. 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) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year.(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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section.(d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.(h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. | |
| 59 | 58 | ||
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | 41338. (a) For purposes of this section, the following terms have the following meanings: | |
| 63 | 62 | ||
| 64 | 63 | (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. A local educational agencys average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 202223 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agencys census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System. | |
| 65 | 64 | ||
| 66 | 65 | (2) Local educational agency means a school district, county office of education, or charter school. | |
| 67 | 66 | ||
| 68 | - | (b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental | |
| 67 | + | (b) Commencing with the 202223 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as supplemental education funding funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, 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. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. In no case shall a local educational agencys supplemental education funding be less than zero dollars ($0). | |
| 69 | 68 | ||
| 70 | - | (c) In order to be eligible for supplemental | |
| 69 | + | (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: | |
| 71 | 70 | ||
| 72 | - | (1) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to settle-up final prior year funding in the following fiscal year. | |
| 71 | + | (1) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to help settle-up final prior year funding for in the following fiscal year. | |
| 73 | 72 | ||
| 74 | - | (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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental | |
| 73 | + | (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. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of supplemental funding provided pursuant to this section. | |
| 75 | 74 | ||
| 76 | - | (d) At least 30 percent of the funds allocated pursuant to this section shall be used for purposes of 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. | |
| 75 | + | (d) At least 30 percent of the funds allocated pursuant to this section shall either supplement or supplant existing be used for purposes of 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. | |
| 77 | 76 | ||
| 78 | 77 | (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. | |
| 79 | 78 | ||
| 80 | 79 | (f) The Superintendent shall, for purposes of calculating a local educational agencys average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262. | |
| 81 | 80 | ||
| 82 | 81 | (g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901. | |
| 83 | 82 | ||
| 84 | 83 | (h) On or before November 1, 2028, the Legislative Analysts Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analysts Office. The local educational agencies selected for this analysis shall provide the Legislative Analysts Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup. | |
| 85 | 84 | ||
| 86 | 85 | (i) Funds to implement this section shall be continuously appropriated in the annual Budget Act. |