Amended  IN  Senate  April 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1203

Introduced by Senator Berryhill Bates

February 15, 2018

An act to amend Section 48310 of the Education Code, relating to pupil attendance. An act to add Article 8 (commencing with Section 32090) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 1203, as amended, Berryhill Bates. Pupil attendance: school districts of choice. School safety: public and private schools: uniform active threat drills.
Existing law requires every person and public officer managing, controlling, or in charge of any public, private, or parochial school, other than a 2-year community college, to cause the fire alarm signal to be sounded not less than once every calendar month and is required to conduct a fire drill at least once every calendar month at the elementary level, at least 4 times every school year at the intermediate levels, and at least twice every school year at the secondary level.
This bill would require every public or private school that provides educational services to pupils in kindergarten or in any of grades 1 to 12, inclusive, and has an enrollment of 50 or more pupils or more than one classroom, to conduct a drill relating to active threats, as defined, at least twice per school year.

Existing law authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, in accordance with specified procedural requirements and limitations. Existing law requires, for a school district of choice that is a basic aid school district, as defined, that the apportionment of state funds for average daily attendance of pupils admitted by that school district of choice that is credited pursuant to a specified statute shall be 25% of the school district local control funding formula base grant.

This bill would instead provide that the apportionment of state funds for average daily attendance for pupils admitted by a school district of choice that is credited pursuant to a specified statute shall be 70% of the school district local control funding formula base grant, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Article 8 (commencing with Section 32090) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read:
Article  8. Uniform Active Threat Drills

32090.
 (a) Every public or private school that provides educational services to pupils in kindergarten or in any of grades 1 to 12, inclusive, and has an enrollment of 50 or more pupils or more than one classroom, shall conduct an active threat drill at least twice per school year.
(b) For purposes of this article, “active threat” means a situation that presents an immediate and ongoing danger to the safety of pupils, faculty, staff, and visitors by a person using firearms or other types of weapons or displaying erratic behavior.

SECTION 1.

It is the intent of the Legislature to facilitate the ability of pupils to transfer to a basic aid school district operating as a school district of choice by restoring the local control funding formula apportionment to the former 70 percent level, recognizing that this represents a savings to the state.

SEC. 2.Section 48310 of the Education Code is amended to read:
48310.

(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.

(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.

(c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence.

(2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02.

(3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1).

(4)For purposes of this subdivision, the term “basic aid school district” means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02.

(d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation.