Amended IN Assembly March 11, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1348Introduced by Assembly Member BainsFebruary 21, 2025 An act to add Section 42238.057 to amend Section 46392 of the Education Code, relating to school finance. LEGISLATIVE COUNSEL'S DIGESTAB 1348, as amended, Bains. Average daily attendance: emergencies: immigration enforcement activity.Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.For purposes of state apportionments under the local control funding formula, this bill would, commencing with the 202627 fiscal year, require the Superintendent of Public Instruction to, upon receiving documentation from a school district, county office of education, or charter school, as provided, determine the average daily attendance for the period of 30 calendar days immediately following a confirmed immigration enforcement activity, as defined, for all schools within a designated region, as defined, using the highest of (1) the actual attendance recorded during the 30-day period, (2) the average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity, or (3) the attendance recorded for the same 30-day period in the previous calendar year. The bill would require the Superintendent to take certain actions to implement and support these provisions, as provided.The bill would require, on or before January 1, 2029, the Legislative Analysts Office to submit a report to the Legislature analyzing the implementation and effectiveness of the provisions described above.For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided.This bill would add immigration enforcement activities, as defined, to the list of emergencies for which the above-described provision related to calculating average daily attendance for purposes of state apportionments apply, as provided.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 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.SECTION 1.Section 42238.057 is added to the Education Code, to read:42238.057.(a)For purposes of this section, the following definitions apply:(1)Confirmed immigration enforcement activity means any immigration enforcement operation conducted by federal immigration authorities within any county of a designated region as confirmed by a local police department, county sheriffs office, or district attorneys office.(2)Designated region means one of the following:(A)The northern California region, consisting of the Counties of Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity.(B)The greater Sacramento and central Sierra region, consisting of the Counties of Amador, Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, and Yuba.(C)The bay area and north coast region, consisting of the Counties of Alameda, Contra Costa, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma.(D)The central California and San Joaquin Valley region, consisting of the Counties of Alpine, Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, and Tuolumne.(E)The southern California region, consisting of the Counties of Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura.(3)Local educational agency means a school district, county office of education, or charter school.(b)Notwithstanding any other law, commencing with the 202627 fiscal year, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, for a local educational agency located within a designated region in which a confirmed immigration enforcement activity occurs, the Superintendent shall determine the units of average daily attendance for the period of 30 calendar days immediately following the confirmed immigration enforcement activity using the highest of the following numbers:(1)The actual attendance recorded during the 30-day period.(2)The average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity.(3)The attendance recorded for the same 30-day period in the previous calendar year.(c)To qualify for the alternative attendance determination pursuant to subdivision (b), a local educational agency shall, within 10 business days of becoming aware of confirmed immigration enforcement activity, submit documentation to the Superintendent that includes all of the following:(1)The date of the confirmed immigration enforcement activity.(2)Evidence of the confirmed immigration enforcement activity.(3)The designated region affected by the confirmed immigration enforcement activity.(d)The Superintendent shall do all of the following:(1)Develop guidelines for implementing this section.(2)Establish procedures for a local educational agency to document and report confirmed immigration enforcement activity.(3)Provide technical assistance to a local educational agency in documenting and reporting confirmed immigration enforcement activity.(4)Coordinate with each county office of education within each designated region to ensure the effective implementation of this section.(e)On or before January 1, 2029, the Legislative Analysts Office shall submit a report to the Legislature, consistent with Section 9795 of the Government Code, analyzing the implementation and effectiveness of this section, including all of the following:(1)The number and geographic distribution of confirmed immigration enforcement activity by designated region.(2)The fiscal impact on affected local educational agencies within each designated region that has confirmed immigration enforcement activities.(3)The effectiveness of support services provided to affected pupils and families.(4)Recommendations for improving the protection of educational access and stability.(f)Nothing in this section shall be construed to do any of the following:(1)Require a local educational agency to collect or maintain information about any pupils immigration status.(2)Affect any existing pupil or family privacy protections under state or federal law.(3)Prevent a local educational agency from providing additional support services to affected pupils and families.
Amended IN Assembly March 11, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1348Introduced by Assembly Member BainsFebruary 21, 2025 An act to add Section 42238.057 to amend Section 46392 of the Education Code, relating to school finance. LEGISLATIVE COUNSEL'S DIGESTAB 1348, as amended, Bains. Average daily attendance: emergencies: immigration enforcement activity.Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.For purposes of state apportionments under the local control funding formula, this bill would, commencing with the 202627 fiscal year, require the Superintendent of Public Instruction to, upon receiving documentation from a school district, county office of education, or charter school, as provided, determine the average daily attendance for the period of 30 calendar days immediately following a confirmed immigration enforcement activity, as defined, for all schools within a designated region, as defined, using the highest of (1) the actual attendance recorded during the 30-day period, (2) the average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity, or (3) the attendance recorded for the same 30-day period in the previous calendar year. The bill would require the Superintendent to take certain actions to implement and support these provisions, as provided.The bill would require, on or before January 1, 2029, the Legislative Analysts Office to submit a report to the Legislature analyzing the implementation and effectiveness of the provisions described above.For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided.This bill would add immigration enforcement activities, as defined, to the list of emergencies for which the above-described provision related to calculating average daily attendance for purposes of state apportionments apply, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 11, 2025
Amended IN Assembly March 11, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1348
Introduced by Assembly Member BainsFebruary 21, 2025
Introduced by Assembly Member Bains
February 21, 2025
An act to add Section 42238.057 to amend Section 46392 of the Education Code, relating to school finance.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1348, as amended, Bains. Average daily attendance: emergencies: immigration enforcement activity.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.For purposes of state apportionments under the local control funding formula, this bill would, commencing with the 202627 fiscal year, require the Superintendent of Public Instruction to, upon receiving documentation from a school district, county office of education, or charter school, as provided, determine the average daily attendance for the period of 30 calendar days immediately following a confirmed immigration enforcement activity, as defined, for all schools within a designated region, as defined, using the highest of (1) the actual attendance recorded during the 30-day period, (2) the average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity, or (3) the attendance recorded for the same 30-day period in the previous calendar year. The bill would require the Superintendent to take certain actions to implement and support these provisions, as provided.The bill would require, on or before January 1, 2029, the Legislative Analysts Office to submit a report to the Legislature analyzing the implementation and effectiveness of the provisions described above.For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided.This bill would add immigration enforcement activities, as defined, to the list of emergencies for which the above-described provision related to calculating average daily attendance for purposes of state apportionments apply, as provided.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.
For purposes of state apportionments under the local control funding formula, this bill would, commencing with the 202627 fiscal year, require the Superintendent of Public Instruction to, upon receiving documentation from a school district, county office of education, or charter school, as provided, determine the average daily attendance for the period of 30 calendar days immediately following a confirmed immigration enforcement activity, as defined, for all schools within a designated region, as defined, using the highest of (1) the actual attendance recorded during the 30-day period, (2) the average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity, or (3) the attendance recorded for the same 30-day period in the previous calendar year. The bill would require the Superintendent to take certain actions to implement and support these provisions, as provided.
The bill would require, on or before January 1, 2029, the Legislative Analysts Office to submit a report to the Legislature analyzing the implementation and effectiveness of the provisions described above.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided.
This bill would add immigration enforcement activities, as defined, to the list of emergencies for which the above-described provision related to calculating average daily attendance for purposes of state apportionments apply, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.SECTION 1.Section 42238.057 is added to the Education Code, to read:42238.057.(a)For purposes of this section, the following definitions apply:(1)Confirmed immigration enforcement activity means any immigration enforcement operation conducted by federal immigration authorities within any county of a designated region as confirmed by a local police department, county sheriffs office, or district attorneys office.(2)Designated region means one of the following:(A)The northern California region, consisting of the Counties of Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity.(B)The greater Sacramento and central Sierra region, consisting of the Counties of Amador, Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, and Yuba.(C)The bay area and north coast region, consisting of the Counties of Alameda, Contra Costa, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma.(D)The central California and San Joaquin Valley region, consisting of the Counties of Alpine, Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, and Tuolumne.(E)The southern California region, consisting of the Counties of Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura.(3)Local educational agency means a school district, county office of education, or charter school.(b)Notwithstanding any other law, commencing with the 202627 fiscal year, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, for a local educational agency located within a designated region in which a confirmed immigration enforcement activity occurs, the Superintendent shall determine the units of average daily attendance for the period of 30 calendar days immediately following the confirmed immigration enforcement activity using the highest of the following numbers:(1)The actual attendance recorded during the 30-day period.(2)The average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity.(3)The attendance recorded for the same 30-day period in the previous calendar year.(c)To qualify for the alternative attendance determination pursuant to subdivision (b), a local educational agency shall, within 10 business days of becoming aware of confirmed immigration enforcement activity, submit documentation to the Superintendent that includes all of the following:(1)The date of the confirmed immigration enforcement activity.(2)Evidence of the confirmed immigration enforcement activity.(3)The designated region affected by the confirmed immigration enforcement activity.(d)The Superintendent shall do all of the following:(1)Develop guidelines for implementing this section.(2)Establish procedures for a local educational agency to document and report confirmed immigration enforcement activity.(3)Provide technical assistance to a local educational agency in documenting and reporting confirmed immigration enforcement activity.(4)Coordinate with each county office of education within each designated region to ensure the effective implementation of this section.(e)On or before January 1, 2029, the Legislative Analysts Office shall submit a report to the Legislature, consistent with Section 9795 of the Government Code, analyzing the implementation and effectiveness of this section, including all of the following:(1)The number and geographic distribution of confirmed immigration enforcement activity by designated region.(2)The fiscal impact on affected local educational agencies within each designated region that has confirmed immigration enforcement activities.(3)The effectiveness of support services provided to affected pupils and families.(4)Recommendations for improving the protection of educational access and stability.(f)Nothing in this section shall be construed to do any of the following:(1)Require a local educational agency to collect or maintain information about any pupils immigration status.(2)Affect any existing pupil or family privacy protections under state or federal law.(3)Prevent a local educational agency from providing additional support services to affected pupils and families.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 46392 of the Education Code is amended to read:46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.
SECTION 1. Section 46392 of the Education Code is amended to read:
### SECTION 1.
46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.
46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.
46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.(2) Flood.(3) Impassable roads.(4) Epidemic.(5) Earthquake.(6) The imminence of a major safety hazard as determined by the local law enforcement agency.(7) A strike involving transportation services to pupils provided by a nonschool entity.(8) An order provided for in Section 41422.(9) Snowstorm.(10) (A) An immigration enforcement activity.(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.(g) This section applies to any average daily attendance that occurs during any part of a school year.
46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic.
(5) Earthquake.
(6) The imminence of a major safety hazard as determined by the local law enforcement agency.
(7) A strike involving transportation services to pupils provided by a nonschool entity.
(8) An order provided for in Section 41422.
(9) Snowstorm.
(10) (A) An immigration enforcement activity.
(B) For purposes of this paragraph, immigration enforcement activity includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.
(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3) Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i) The school district, county office of education, or charter school is unable to provide in person in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1) (A) In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B) In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C) In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2) (A) In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B) In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1) For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2) For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g) This section applies to any average daily attendance that occurs during any part of a school year.
(a)For purposes of this section, the following definitions apply:
(1)Confirmed immigration enforcement activity means any immigration enforcement operation conducted by federal immigration authorities within any county of a designated region as confirmed by a local police department, county sheriffs office, or district attorneys office.
(2)Designated region means one of the following:
(A)The northern California region, consisting of the Counties of Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity.
(B)The greater Sacramento and central Sierra region, consisting of the Counties of Amador, Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, and Yuba.
(C)The bay area and north coast region, consisting of the Counties of Alameda, Contra Costa, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma.
(D)The central California and San Joaquin Valley region, consisting of the Counties of Alpine, Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, and Tuolumne.
(E)The southern California region, consisting of the Counties of Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura.
(3)Local educational agency means a school district, county office of education, or charter school.
(b)Notwithstanding any other law, commencing with the 202627 fiscal year, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, for a local educational agency located within a designated region in which a confirmed immigration enforcement activity occurs, the Superintendent shall determine the units of average daily attendance for the period of 30 calendar days immediately following the confirmed immigration enforcement activity using the highest of the following numbers:
(1)The actual attendance recorded during the 30-day period.
(2)The average daily attendance recorded during the 30 school days immediately preceding the confirmed immigration enforcement activity.
(3)The attendance recorded for the same 30-day period in the previous calendar year.
(c)To qualify for the alternative attendance determination pursuant to subdivision (b), a local educational agency shall, within 10 business days of becoming aware of confirmed immigration enforcement activity, submit documentation to the Superintendent that includes all of the following:
(1)The date of the confirmed immigration enforcement activity.
(2)Evidence of the confirmed immigration enforcement activity.
(3)The designated region affected by the confirmed immigration enforcement activity.
(d)The Superintendent shall do all of the following:
(1)Develop guidelines for implementing this section.
(2)Establish procedures for a local educational agency to document and report confirmed immigration enforcement activity.
(3)Provide technical assistance to a local educational agency in documenting and reporting confirmed immigration enforcement activity.
(4)Coordinate with each county office of education within each designated region to ensure the effective implementation of this section.
(e)On or before January 1, 2029, the Legislative Analysts Office shall submit a report to the Legislature, consistent with Section 9795 of the Government Code, analyzing the implementation and effectiveness of this section, including all of the following:
(1)The number and geographic distribution of confirmed immigration enforcement activity by designated region.
(2)The fiscal impact on affected local educational agencies within each designated region that has confirmed immigration enforcement activities.
(3)The effectiveness of support services provided to affected pupils and families.
(4)Recommendations for improving the protection of educational access and stability.
(f)Nothing in this section shall be construed to do any of the following:
(1)Require a local educational agency to collect or maintain information about any pupils immigration status.
(2)Affect any existing pupil or family privacy protections under state or federal law.
(3)Prevent a local educational agency from providing additional support services to affected pupils and families.