California Continuation Education Association Document
Title: AB 792 (Amended)
Author: Assembly Member Havice
Date: July 22, 1997
Link to Bill Analysis (AB 792) for Assembly Floor (9/11/97)
BILL NUMBER: AB 792 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 22, 1997
AMENDED IN SENATE JUNE 25, 1997
AMENDED IN ASSEMBLY JUNE 2, 1997
AMENDED IN ASSEMBLY APRIL 24, 1997
AMENDED IN ASSEMBLY MARCH 31, 1997
INTRODUCED BY Assembly Member Havice
FEBRUARY 26, 1997
An act to add Article 5 (commencing with Section 48470) to Chapter
3 of Part 27 of the Education Code, relating to continuation school
financing.
LEGISLATIVE COUNSEL'S DIGEST
AB 792, as amended, Havice. Continuation school financing.
(1) Existing law provides for compulsory continuation classes, as
specified, for all persons 16 years of age or older and under 18
years of age who have not graduated from high school or are not
attending a public or private high school, unless exempted as
specified. Existing law provides a formula for adjusting the revenue
limit for specified continuation high schools.
This bill would express the Legislature's intent, commencing with
the 1998-99 fiscal year, to equalize funding among school districts
for continuation high schools. The bill would specify the priorities
for allocating all funds available for continuation high schools
revenue limit add-on, and would provide the formula to be used by the
Superintendent of Public Instruction to make apportionments from
appropriated funds, as specified, to achieve equalization.
This bill would require governing boards of school districts that
receive equalization funding to annually evaluate their continuation
education program and report their findings to the Superintendent of
Public Instruction. The bill would require county superintendents of
schools to annually calculate specified adjustments to a school
district's specified revenue limit and to report specified
calculations to the Superintendent of Public Instruction. These
requirements would impose a state-mandated local program.
This bill would require the Superintendent of Public Instruction,
as specified, to contract for an independent evaluation of the
continuation high school model, and require the Legislative Analyst
to convene a task force to oversee, as specified, the implementation
of the independent evaluation. The bill would require the
Superintendent of Public Instruction to report to the Legislature by
March 1, 2000, the results of the independent evaluation. The
bill would require an appropriation in the annual Budget Act for the
independent evaluation before the superintendent can contract for the
evaluation.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section 48470) is added to
Chapter 3 of Part 27 of the Education Code, to read:
Article 5. Funding Equalization
48470. (a) It is the intent of the Legislature to equalize
funding for continuation education high schools.
(b) Commencing with the 1998-99 fiscal year and any fiscal year
thereafter where funding is available for the purposes of this
article, the Superintendent of Public instruction shall apportion all
available funds for continuation education equalization to
continuation high schools that meet the criteria of subdivision (b)
of Section 48472 on a pro rata basis based on the difference between
the amount calculated under subdivision (a) of Section 48472 and the
amount of funding the school district receives for continuation
education high schools in the 1997-98 fiscal year, including funding
received pursuant to the Budget Act for the cost-of-living
adjustments, plus any previously allocated equalization funding.
(c) Notwithstanding any other provision of law, the Superintendent
of Public Instruction shall allocate all funds available for
continuation high schools revenue limit add-on according to the
following priority:
(1) First, if the amount calculated pursuant to subdivision (a) of
Section 48472 is less than the amount the school district would
receive under subdivision (b) of Section 48472, then the district
shall receive the amount calculated pursuant to subdivision (c) of
Section 48472.
(2) Second, if the amount calculated pursuant to subdivision (b)
of Section 48472 is less than the amount the school district would
receive under subdivision (a) of Section 48472, then the district
shall receive the amount under subdivision (b) of Section 48472.
(3) If a school district receives full funding pursuant to
subdivision (a) of Section 48472 in any fiscal year, the school
district shall receive funding according to the calculation under
subdivision (a) of Section 48472 for any fiscal year thereafter.
(4) Any funds remaining after funds are allocated pursuant to
paragraphs (1) and (2) shall be allocated pursuant to subdivision (b)
for continuing education equalization.
48471. Commencing with the 1998-99 fiscal year, for each school
district that operates a continuation school pursuant to Article 3
(commencing with Section 48430), the county superintendent of schools
shall annually compute an adjustment to the district's revenue limit
pursuant to Section 48472. The county superintendent of schools
shall annually report to the Superintendent of Public Instruction the
amounts calculated under subdivisions (a) and (b) of Section 48472.
48472. (a) Commencing with the 1998-99 fiscal year for each
continuation high school maintained by the governing board of a
school district pursuant to Article 3 (commencing with Section
48430), the county superintendent of schools annually shall make one
of the following computations selected with regard only to the number
of certificated employees employed or average daily attendance,
whichever provides the lesser amount:
Certificated ADA Add-on
Employees
1 1-15 $ 15,000
2 1-15 $ 82,500
3 16-30 $ 97,500
4 31-45 $112,500
5 46-60 $127,500
6 61-75 $142,500
7 76-90 $157,500
8 91-105 $172,500
9 106-120 $187,500
10 121-135 $202,500
11 136-150 $217,500
12 151-165 $232,500
13 166-180 $247,500
14 181-195 $262,500
15 196-210 $277,500
16 211-225 $292,500
17 226-240 $307,500
18 241-255 $322,500
19 256-270 $337,500
20 271-285 $352,500
21 286-300 $367,500
(1) For purposes of this section, a "certificated employee" means
an equivalent full-time position of an individual holding a
credential authorizing service and providing service in grades 9 to
12, inclusive, in any continuation education high school. Any
fraction of an equivalent full-time position remaining after all
equivalent full-time positions for certificated employees within the
district have been calculated shall be deemed to be a full-time
position.
(2) For each school district that had fewer than 2,501 units of
average daily attendance in the 1997-98 fiscal year, the county
superintendent of schools shall compute an amount pursuant to this
section for those schools that meet the conditions specified in
Section 48430. The county superintendent of schools may choose
between current or prior year average daily attendance for purposes
of making the calculation under subdivision (a) of Section 48472.
This paragraph is only applicable to those schools funded pursuant to
this article in the 1997-98 fiscal year and, in subsequent years, if
the school district has no more than 2,501 units of average daily
attendance.
(b) If the revenue limit add-on calculated pursuant to subdivision
(a) is greater than or equal to the amount the district received in
1997-98 pursuant to a calculation under Section 42243.7, then the
district shall receive the amount calculated in 1997-98 plus any
cost-of-living adjustments, plus any equalization funding calculated
pursuant to Section 48470.
(c) For any district operating continuation education high schools
pursuant to Article 3 (commencing with Section 48430), if the
revenue limit add-on calculated pursuant to subdivision (a) is less
than the revenue limit add-on they would have received in 1997-98
pursuant to a calculation under Section 42243.7, then the district
shall receive the amount pursuant to the following schedule:
(A) For fiscal years 1998-99 to 2000-01, inclusive, the school
district shall receive the amount the school district received in the
1997-98 fiscal year pursuant to the calculation under Section
42243.7.
(B) For fiscal years 2001-02 to 2005-06, inclusive, the county
superintendent of schools shall calculate the difference between the
amount calculated pursuant to subdivision (a) and the amount
calculated pursuant to subdivision (b). The school district shall
receive funding as follows:
(1) For the 2001-02 fiscal year, the amount calculated pursuant to
subdivision (a) plus .8 multiplied by the difference between
subdivisions (a) and (b).
(2) For the 2002-03 fiscal year, the amount calculated pursuant to
subdivision (a) plus .6 multiplied by the difference between
subdivisions (a) and (b).
(3) For the 2003-04 fiscal year, the amount calculated pursuant to
subdivision (a) plus .4 multiplied by the difference between
subdivisions (a) and (b).
(4) For the 2004-05 fiscal year, the amount calculated pursuant to
subdivision (a) plus .2 multiplied by the difference between
subdivisions (a) and (b).
(5) For the 2005-06 fiscal year and any fiscal year thereafter,
the amount calculated pursuant to subdivision (a).
(d) Notwithstanding any other provision of law, the revenue limit
add-on calculated pursuant to subdivision (a) shall be increased
annually by an amount equal to the inflation adjustment calculated
pursuant to Section 42238.1.
48473. Continuation high schools receiving equalization funding
pursuant to Section 48472 shall do all of the following:
(a) The governing board of a school district maintaining
continuation education high school classes shall evaluate its
continuation education program and annually report its findings to
the Superintendent of Public Instruction.
(b) The evaluation report shall include information on
expenditures and incomes for continuation schools, the number of
pupils served, the costs of the program, attendance patterns, dropout
rates, the number of pupils who receive a high school diploma, the
number of pupils who pass the California High School Proficiency
Examination or pass the General Education Development Test, the
number of pregnant or parenting pupils, the number of pupils who
return to the comprehensive high school, and involvement of pupils in
occupational training programs.
(c) These evaluation reports shall be sent to the Superintendent
of Public Instruction on or before August 1, following the end of the
academic year in which tests were administered, and shall be
reviewed annually by persons designated by the Superintendent of
Public Instruction who are not employed by the district operating the
program under review.
(d) Every two years, on or before December 1, the Superintendent
of Public Instruction shall summarize the evaluation reports received
pursuant to subdivision (c) and submit recommendations based upon
that summary to the Governor, the Legislature, and the districts
maintaining continuation education high schools.
SEC. 2. (a) It is the intent of the Legislature to ensure that
school districts provide alternative programs for students who are
not successful in regular district schools and effective dropout
prevention programs.
(b)
SEC. 2. (a) The Superintendent of Public Instruction shall
contract for an independent evaluation of the effectiveness of the
existing continuation high school model, as defined in Sections
48430, 46170, and 51055, in reducing high school dropout rates and in
meeting the goals of the program as defined in Section 48430. The
independent evaluation shall also evaluate and make recommendations
regarding the need for the state to require all school districts with
grades 9 to 12, inclusive, to establish separate continuation high
schools, pursuant to Section 48432, as a form of dropout prevention.
The evaluation shall explore best practices in dropout prevention
and possible alternatives to the continuation high school model. It
shall make recommendations as to whether the state should increase
funding for continuation high schools in the form of equalization
funding, or whether the state should mandate or suggest an
alternative model , or both .
(c)
(b) The Legislative Analyst shall convene a task force to
oversee the implementation of the independent evaluation. The task
force shall advise the Superintendent of Public Instruction regarding
his or her implementation of the independent evaluation contract.
The task force shall be composed of one representative of each of the
following: the Legislative Analyst, the Department of Finance, the
Superintendent of Public Instruction, and the Office of Child
Development. It shall also include two representatives from each of
the following: continuation high school administrators, continuation
high school students, community organizations that address the needs
of high-risk youth, and a major research institution with experience
examining the problems of potential dropouts. The duties of the
task force shall include oversight of the following: the goals of
the evaluation and assurance that they are closely aligned with
legislative intent, the independence of the evaluation, and
the methodology for the evaluation , and the support
for the evaluation's recommendations .
(d)
(c) The Superintendent of Public Instruction shall report to
the Legislature on the results of the independent evaluation by
March 1, 2000.
(d) The Superintendent of Public Instruction shall not contract
for the independent evaluation required by this section until there
is an appropriation in the annual Budget Act to conduct the
independent evaluation required by this section.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
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