BILL NUMBER: ABX3 42 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 28, 2009
INTRODUCED BY Assembly Member Evans
JUNE 18, 2009
An act relating to the Budget Act of 2009.
An act to amend Sections 1240.3, 2558.46, 8279.7, 8357, 8447,
42238.146, 60422.1, 66021.2, 69432.7, and 76300 of, to amend and
repeal Section 33128.3 of, to amend, repeal, and add Section 47634.1
of, to add Sections 8481, 41202.5, and 84043 to, to add a
nd repeal Sections 17463.7, 46201.2, 60422.2, and 60851.5 of, to
repeal Section 8278 of, and to repeal Article 22 (commencing with
Section 8460) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the
Education Code, and to amend Item 6110-113-0890 of Section 2.00 of
the Budget Act of 2009 (Chapter 1 of the Statutes of 2009, Third
Extraordinary Session), relating to education finance, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 42, as amended, Evans. Budget Act of 2009.
Education finance.
(1) Existing law requires the county superintendent of schools of
each county, among other specified duties, to make annual visits to
each school in his or her county to observe its operation and to
learn of its problems. Existing law requires that the priority
objective of those visits be the determination of whether each school
has sufficient textbooks, as defined. Existing law states for the
2008-09 and 2009-10 fiscal years the intent of the Legislature that
each pupil be provided with the same state-adopted standards-aligned
text book or instructional material as is provided to every other
pupil enrolled in the same grade and same course offered by the local
educational agency.
This bill for the 2008-09 to 2012-13 fiscal years, inclusive,
would exclude supplemental materials as specified from the
aforementioned statement of legislative intent. The bill would state
the intent of the Legislature that local educational agencies not be
required to purchase the mathematics and English language arts
instructional materials that are adopted in the same year or in
consecutive years.
(2) Existing law requires a revenue limit to be calculated for
each county superintendent of schools, adjusted for various factors,
and reduced, as specified. Existing law reduces the revenue limit for
each county superintendent of schools for the 2008-09 fiscal year by
a deficit factor of 7.839% and for the 2009-10 fiscal year by a
deficit factor of 13.360%.
This bill would increase the deficit factor for each county
superintendent of schools for the 2008-09 fiscal year to 11.183% and
for the 2009-10 fiscal year to 17.313%.
(3) Existing law makes child development appropriations, with the
exception of funds appropriated for the After School Learning and
Safe Neighborhoods Partnerships Program and for CalWORKs child care
available for expenditure for 3 years, except that funds remaining
unencumbered at the end of the first fiscal year are required to
revert to the General Fund. Existing law requires the Superintendent
of Public Instruction to establish criteria and procedures for the
reallocation of unearned contract funds in the 2nd and 3rd years of
availability, in accordance with specified priorities.
This bill would repeal these provisions.
(4) Existing law appropriates funds to the County of Los Angeles
to address the retention of qualified child care employees in
state-subsidized child care centers and to licensed child care
programs that serve a majority of children who receive subsidized
child care services, including family day care homes. To qualify for
use in licensed child care programs that serve a majority of children
who receive subsidized child care services, the funds are required
to meet specified requirements, including that they be appropriated
in specified schedules of an item in specified Budget Acts.
This bill would change this requirement by instead requiring that
the funds be appropriated in the annual Budget Act.
(5) Existing law requires cost of state-funded child care services
to be governed by regional market rates. Beginning March 1, 2009,
the regional market rate ceilings are required to be established at
the 85th percentile of the 2007 regional market rate survey for that
region, and for the 2008-09 and 2009-10 fiscal years, the 85th
percentile ceilings of the 2007 regional market rate survey for that
region are required to remain in effect.
This bill would instead set the regional market rate ceiling at
the 85th percentile of the 2005 regional market rate survey for that
region and delete the ceilings set for the 2008-09 and 2009-10 fiscal
years.
(6) Existing law requires the Department of Finance, by March 1 of
each year, to provide to the State Department of Education the state
median income amount for a 4-person household in California based on
the best available data. The State Department of Education is
required to adjust its fee schedule for child care providers to
reflect this updated state median income.
This bill would prohibit changes from being implemented midyear.
(7) Existing law establishes the School Age Community Child Care
Services Program for the provision of extended day care services.
This bill would make this program inoperative on September 1,
2009, or on the effective date of this bill, whichever is later, and
would repeal it as of January 1, 2010.
(8) Existing law requires that the funds from the sale of surplus
school real property be used for capital outlay or for costs of
maintenance of prescribed school district property.
This bill until January 1, 2012, would authorize a school district
to deposit from the sale of surplus school property, together with
any personal property located on that property, purchased entirely
with local funds, into the general fund of the school district and to
use those proceeds for any one-time general fund purpose. The bill
would make the district ineligible for hardship funding from the
State School Deferred Maintenance Fund for 5 years after the date the
proceeds are deposited into the district's general fund. The bill
would require the State Allocation Board to reduce an apportionment
of hardship assistance awarded to that district, as specified. Before
exercising the authority granted by the bill, the governing board of
the school district would be required to submit documents containing
specified certifications to the State Allocation Board and, at a
regularly scheduled meeting, present a plan for expending the
proceeds of the sale.
(9) Existing law, for the 2003-04 and 2004-05 fiscal years, sets
the minimum state requirement for a local educational agency's
reserve for economic uncertainties at1/2 of the percentage for a
reserve adopted by the State Board of Education as of May 1, 2003,
and restores that requirement, for the 2005-06 fiscal year, to the
percentage adopted by the state board as of May 1, 2003.
This bill would set that requirement for the 2009-10 fiscal year
at 1/3 of the percentage for a reserve adopted by the state board as
of May 1, 2009, and would require a school district to make progress
in the 2011-12 fiscal year to returning to compliance with the
specified standards and criteria adopted by the state board. The bill
would restore the requirement, for the 2005-06 fiscal year, to the
percentage adopted by the state board as of May 1, 2009.
(10) The California Constitution requires the state to apply a
minimum amount of funding for each fiscal year for the support of
school districts and community college districts. The amount of that
minimum funding obligation is required to be determined pursuant to 1
of 3 tests, depending on certain economic factors. The California
Constitution requires, in a fiscal year when the 3rd of these tests
is applied or when the minimum funding obligation is suspended,
school districts and community college districts are entitled to a
maintenance factor, that is required to be equal to an amount
determined pursuant to a specified calculation.
This bill would provide that a maintenance factor is required in
any fiscal year in which the total amount of funding applied for the
minimum funding obligation by the state for school districts and
community college districts is less than the greater of the amounts
computed pursuant to test 1 or test 2. The bill would provide that
payment of the maintenance factor created in the 2008-09 fiscal year
would not commence before July 1, 2011. The bill would require that
any judicial action or proceeding to challenge, review, set aside,
void, or annul these provision to proceed by application or complaint
filed within 45 days of the effective date of this bill.
(11) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county and
requires the amount of the revenue limit to be adjusted for various
factors. Existing law reduces the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 7.844%,
and for the 2009-10 fiscal year by a deficit factor of 13.094%.
This bill would instead reduce the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 11.187%,
and for the 2009-10 fiscal year by a deficit factor of 17.048%, and
would set forth a mechanism by which basic aid school districts would
assume categorical funding reductions proportionate to the revenue
limit reductions implemented for nonbasic aid school districts.
Existing law states the intent of the Legislature to fully fund
the categorical block grant for charter schools and sets forth a
mechanism to appropriate additional funding if needed for
unanticipated increases in average daily attendance and counts of
economic impact aid-eligible pupils.
This bill would suspend until July 1, 2013, the statement of
intent to fully fund the categorical block grant for charter schools
and the mechanism for appropriating additional needed funding.
(13) Existing law prescribes the minimum length of time for the
instructional school year and the minimum number of instructional
minutes per schoolday. Existing law imposes fiscal penalties on
school districts and county offices of education that fail to
maintain those minimum instructional times per school year or
schoolday.
This bill, commencing with the 2009-10 school year and continuing
through the 2012-13 school year, would authorize a school district,
county office of education, and charter school to reduce the
equivalent of up to 5 days of instruction or the equivalent number of
instructional minutes without incurring the fiscal penalties.
(14) Existing law establishes the Instructional Materials Funding
Realignment Program that requires the State Department of Education
to apportion funds to school districts and requires the governing
board of a school district to use that funding to ensure that each
pupil is provided with a standards-aligned textbook or basic
instructional materials by the beginning of the first school term
that commences no later than 24-months after those materials were
adopted by the State Board of Education, except as specified.
Existing law exempts, until July 1, 2010, school districts from the
24-month requirement.
This bill would extend that exemption until July 1, 2013, and
would provide that the State Department of Education and the State
Board of Education are prohibited from prohibiting a school, school
district, county office of education, or charter school that has been
identified for program improvement or corrective action under the
federal No Child Left Behind Act of 2001 from implementing the
exemption.
Existing law requires each pupil completing grade 12 to
successfully pass the exit examination as a condition of receiving a
diploma of graduation or a condition of graduation from high school.
Existing law requires that each pupil take the high school exit
examination in grade 10 and allows each pupil to take the examination
during each subsequent administration until each section of the
examination has been passed.
This bill, commencing with the 2009-10 school year until June 30,
2013, would suspend the requirement that each pupil completing grade
12 pass the high school exit examination as a condition of receiving
a diploma of graduation or a condition of graduation from high school
and would continue requiring each pupil to take the high school exit
examination in grade 10. The bill would redirect the expenditure of
any remaining funds appropriated in the Budget Act of 2009 for the
California high school exit examination to the STAR program, thereby
making an appropriation.
(15) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program (Cal Grant Program), establishes the Cal Grant A and B
entitlement awards, the California Community College Transfer Cal
Grant Entitlement awards, the Competitive Cal Grant A and B awards,
the Cal Grant C awards, and the Cal Grant T awards under the
administration of the Student Aid Commission, and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions.
Existing law sets forth the maximum household income and asset
levels for participants in the various grant programs under the act.
These maximum levels are set forth as they were adopted by the
commission for the 2001-02 academic year, but have been annually
adjusted based on the percentage change in the cost of living as
defined in a specified provision of the California Constitution.
This bill would, with respect to the maximum household income and
asset levels applicable to a Cal Grant A award, prohibit the
commission from making the annual cost-of-living adjustment for the
2010-11 academic year.
(16) Existing law establishes the long-term policy of the Cal
Grant Program, which sets forth, among other things, the maximum
amounts of Cal Grant A and Cal Grant B awards for students attending
nonpublic postsecondary institutions.
This bill would, commencing with the 2010-11 academic year,
require the maximum Cal Grant A and Cal Grant B awards for students
attending nonpublic institutions to be equal to $9,223, or the amount
as adjusted in subsequent annual budget acts.
(17) Existing law establishes community college districts under
the administration of community college governing boards and
authorizes these districts to provide instruction at community
college campuses throughout the state. Existing law requires the
governing board of each community college district to charge each
student, with specified exceptions, a fee of $20 per unit per
semester, effective with the spring term of the 2006-07 academic
year.
This bill would increase that fee to $26 per unit per semester,
effective with the fall term of the 2009-10 academic year.
(18) Under existing law, the board of governors is required to
develop criteria and standards for the purposes of making the annual
budget request for the California Community Colleges to the Governor
and the Legislature, pursuant to specified minimum requirements.
Among those requirements, existing law requires, except as otherwise
provided, that specified categorical programs providing direct
services to students be funded separately through the annual Budget
Act.
This bill would, for the 2009-10 to 2012-13 fiscal years,
inclusive, authorize a community college district to use funds
apportioned to the district for specified categorical programs for
purposes of a prescribed list of programs. The bill would prescribe
public hearing and reporting requirements as a condition of receiving
these funds. The bill would require the Chancellor of the California
Community Colleges to annually report these expenditures to the
Department of Finance and the Legislature, as specified.
(19) Existing law requires the county superintendent of schools to
approve, conditionally approve, or disapprove the adopted budget for
each school district and requires the Superintendent of Public
Instruction to review and certify the budget approved by the county
superintendent of schools. Existing law requires the governing board
of a school district to certify twice each fiscal year whether the
district is able to meet its financial obligations for the remainder
of the fiscal year and the subsequent fiscal year. The certification
is required to be filed with the county superintendent of schools who
is required to submit a qualified or negative certification to the
Controller and Superintendent.
This bill, for the 2009-10 fiscal year, would prohibit a county
superintendent of schools and the Superintendent of Public
Instruction from assigning a qualified or negative certification to a
local education agency based substantially on a projected loss of
federal funds provided through the federal State Fiscal Stabilization
Fund of the American Recovery and Reinvestment Act in the 2011-12
fiscal year. The bill would authorize the Superintendent to convene a
standards and criteria committee to modify the budget and financial
review criteria to incorporate this change for the 2009-10 fiscal
year.
(20) The bill would declare that the changes in law made by this
bill would be operative commencing on July 1, 2009, and thus apply
retroactively.
(21)The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
December 19, 2009.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1240.3 of the
Education Code is amended to read:
1240.3. (a) For the purposes of Section 1240, for the 2008-09
and 2009-10 to 2012-13 fiscal years,
inclusive, sufficient textbooks or instructional materials
include standards-aligned textbooks or instructional materials, or
both, that were adopted prior to July 1, 2008, by the state board or
local educational agency pursuant to statute, unless those local
educational agencies purchased or arranged to purchase textbooks or
instructional materials adopted by the state board after that date.
It is the intent of the Legislature that each local educational
agency provide each pupil with the same state-adopted,
standards-aligned textbook
textbooks or instructional material as is provided to
every other pupil enrolled in the same grade and same course offered
by the local educational agency materials from the
same adoption, consistent with Sections 60119 and 60422.
This section does not require a local educational agency to purchase
all of the instructional materials included in an adoption if the
materials that are purchased are made available to all the pupils for
whom they are intended in all of the schools within the local
educational agency .
(b) Notwithstanding Section 1240 or any other law, for the 2008-09
and 2009-10 to 2012-13 fiscal years,
inclusive, a county superintendent of schools, in making
visits to schools as specified in Section 1240, shall determine the
status of sufficient textbooks as defined in subdivision (a).
(c) This section shall become inoperative on July 1, 2010
2013 , and, as of January 1, 2011
2014 , is repealed, unless a later enacted
statute that is enacted before January 1, 2011
2014 , deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 2. Section 2558.46 of the
Education Code is amended to read:
2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced by a 1.195 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced further by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced further by a 0.898 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 7.839 11.183 percent
deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 13.360 17.313 percent
deficit factor.
(b) In computing the revenue limit for each county superintendent
of schools for the 2006-07 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2003-04,
2004-05, and 2005-06 fiscal years without being reduced by the
deficit factors specified in subdivision (a).
(c) In computing the revenue limit for each county superintendent
of schools for the 2010-11 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2009-10
fiscal year without being reduced by the deficit factors specified in
subdivision (a).
SEC. 3. Section 8278 of the Education
Code is repealed.
8278. (a) Notwithstanding any other provision of law, child
development appropriations, with the exception of funds appropriated
for the After School Learning and Safe Neighborhoods Partnerships
Program pursuant to Article 22.5 (commencing with Section 8482) and
for CalWORKs child care pursuant to Sections 8353 and 8354, shall be
available for expenditure for three years, except that funds
remaining unencumbered at the end of the first fiscal year shall
revert to the General Fund.
(b) The Superintendent of Public Instruction shall establish
criteria and procedures for the reallocation of unearned contract
funds in the second and third years of availability, in accordance
with the following priorities:
(1) First, for the accounts payable of the State Department of
Education.
(2) Second, to reimburse alternative payment programs for the
provision of additional services, in accordance with Section 8222.1.
(3) Third, for one-time expenditures that will benefit children in
subsidized child care, which include, but are not limited to, the
purchase of materials approved by the State Department of Education
for deferred and major maintenance of existing facilities, respite
care, and implementation of capacity building activities, which
include new facilities, training, and technical assistance.
Notwithstanding any other provision of law, the allocation for these
one-time expenditures may not be made unless approved in the annual
Budget Act.
SEC. 4. Section 8279.7 of the Education
Code is amended to read:
8279.7. (a) The Legislature recognizes the importance of
providing quality child care services. It is, therefore, the intent
of the Legislature to assist counties in improving the retention of
qualified child care employees who work directly with children who
receive state-subsidized child care services.
(b) It is further the intent of the Legislature, in amending this
section during the 2005-06 2009-10
Regular Session, to address the unique challenges of the County of
Los Angeles, in which an estimated 60,000 low-income children receive
subsidized child care in nonstate-funded child care settings and an
additional 50,000 eligible children are waiting for subsidized
services.
(c) (1) Except as provided in paragraph (2), the funds
appropriated for the purposes of this section by paragraph (11) of
Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2000 (Ch. 52, Stats. 2000), and that are described in subdivision
(i) of Provision 7 of that item, and any other funds appropriated for
purposes of this section, shall be allocated to local child care and
development planning councils based on the percentage of
state-subsidized, center-based child care funds received in that
county, and shall be used to address the retention of qualified child
care employees in state-subsidized child care centers.
(2) Of the funds identified in paragraph (1), funds qualified
pursuant to subparagraphs (A) to (C), inclusive, may also be used to
address the retention of qualified persons working in licensed child
care programs that serve a majority of children who receive
subsidized child care services pursuant to this chapter, including,
but not limited to, family day care homes as defined in Section
1596.78 of the Health and Safety Code. To qualify for use pursuant to
this paragraph, the funds shall meet all of the following
requirements:
(A) The funds are allocated for use in the County of Los Angeles.
(B) The funds are appropriated either in paragraph (11)
of Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget
Act of 2000 (Ch. 52, Stats. 2000) and are described in subdivision
(i) of Provision 7 of that item, in paragraph (l) of Schedule (1.5)
of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2004 (Ch.
208, Stats. 2004) and are described in subdivision (i) of Provision 7
of that item, in paragraph (1) of Schedule (1.5) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2005 (Ch. 38,
Stats. 2005), in paragraph (1) of Schedule (1.5) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2006 and are
described in subdivision (g) of Provision 5 of that item, and if
funding is provided, in corresponding sections of the 2007 and 2008
Budget Acts in the annual Budget Act .
(C) The funds are unexpended after addressing the retention of
qualified child care employees in state-subsidized child care centers
and family child care home education networks.
(d) The department shall develop guidelines for use by local child
care and development planning councils in developing county plans
for the expenditure of funds allocated pursuant to this section.
These guidelines shall be consistent with the department's assessment
of the current needs of the subsidized child care workforce, and
shall be subject to the approval of the Secretary for Education and
the Department of Finance. Any county plan developed pursuant to
these guidelines shall be approved by the department prior to the
allocation of funds to the local child care and development planning
council.
(e) Funds provided to a county for the purposes of this section
shall be used in accordance with the plan approved pursuant to
subdivision (d). A county with an approved plan may retain up to 1
percent of the county's total allocation made pursuant to this
section for reimbursement of administrative expenses associated with
the planning process.
(f) The Superintendent of Public Instruction shall provide an
annual report, no later than April 10 of each year, to the
Legislature, the Secretary for Education, the Department of Finance,
and the Governor that includes, but is not limited to, a summary of
the distribution of the funds by county and a description of the use
of the funds.
SEC. 5. Section 8357 of the Education
Code is amended to read:
8357. (a) The cost of child care services provided under this
article shall be governed by regional market rates. Recipients of
child care services provided pursuant to this article shall be
allowed to choose the child care services of licensed child care
providers or child care providers who are, by law, not required to be
licensed, and the cost of that child care shall be reimbursed by
counties or agencies that contract with the State Department of
Education if the cost is within the regional market rate. For
purposes of this section, "regional market rate" means care costing
no more than 1.5 market standard deviations above the mean cost of
care for that region. Beginning March 1, 2009, the
The regional market rate ceilings shall be established at
the 85th percentile of the 2007 2005
regional market rate survey for that region. For the 2008-09
and 2009-10 fiscal years, the 85th percentile ceilings of the 2007
regional market rate survey for that region shall remain in effect.
(b) Reimbursement to child care providers shall not exceed the fee
charged to private clients for the same service.
(c) Reimbursement shall not be made for child care services when
care is provided by parents, legal guardians, or members of the
assistance unit.
(d) A child care provider located on an Indian reservation or
rancheria and exempted from state licensing requirements shall meet
applicable tribal standards.
(e) For purposes of this section, "reimbursement" means a direct
payment to the provider of child care services, including license
exempt-providers. If care is provided in the home of the recipient,
payment may be made to the parent as the employer, and the parent
shall be informed of his or her concomitant legal and financial
reporting requirements. To allow time for the development of the
administrative systems necessary to issue direct payments to
providers, for a period not to exceed six months from the effective
date of this article, a county or an alternative payment agency
contracting with the State Department of Education may reimburse the
cost of child care services through a direct payment to a recipient
of aid rather than to the child care provider.
(f) Counties and alternative payment programs shall not be bound
by the rate limits described in subdivision (a) when there are, in
the region, no more than two child care providers of the type needed
by the recipient of child care services provided under this article.
SEC. 6. Section 8447 of the Education
Code is amended to read:
8447. (a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
child care and development program contracts with public and private
agencies by the timely approval of contract provisions by the
Department of Finance, the Department of General Services, and the
State Department of Education and by authorizing the State Department
of Education to establish a multiyear application, contract
expenditure, and service review as may be necessary to provide timely
service while preserving audit and oversight functions to protect
the public welfare.
(b) (1) The Department of Finance and the Department of General
Services shall approve or disapprove annual contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract,
and contract face sheets submitted by the State Department of
Education not more than 30 working days from the date of submission,
unless unresolved conflicts remain between the Department of Finance,
the State Department of Education, and the Department of General
Services. The State Department of Education shall resolve conflicts
within an additional 30 working day time period. Contracts and
funding terms and conditions shall be issued to child care
contractors no later than June 1. Applications for new child care
funding shall be issued not more than 45 working days after the
effective date of authorized new allocations of child care moneys.
(2) Notwithstanding paragraph (1), for the 2008-09 fiscal
year, the State Department of Education shall implement
the regional market rate schedules based upon the county aggregates,
as determined by the Regional Market survey conducted in
2007 2005 .
(3) Notwithstanding paragraph (1), for the 2006-07 fiscal year,
the State Department of Education shall update the family fee
schedules by family size, based on the 2005 state median income
survey data for a family of four. The family fee schedule used during
the 2005-06 fiscal year shall remain in effect. However, the
department shall adjust the family fee schedule for families that are
newly eligible to receive or will continue to receive services under
the new income eligibility limits. The family fees shall not exceed
10 percent of the family's monthly income.
(4) It is the intent of the Legislature to fully fund the third
stage of child care for former CalWORKs recipients.
(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review contract
funding terms and conditions for the primary purpose of ensuring
consistency between child care contracts and the child care budget.
This review, shall include evaluating any proposed changes to
contract language or other fiscal documents to which the contractor
is required to adhere, including those changes to terms or conditions
that authorize higher reimbursement rates, that modify related
adjustment factors, that modify administrative or other service
allowances, or that diminish fee revenues otherwise available for
services, to determine if the change is necessary or has the
potential effect of reducing the number of full-time equivalent
children that may be served.
(d) Alternative payment child care systems, as set forth in
Article 3 (commencing with Section 8220), shall be subject to the
rates established in the Regional Market Rate Survey of California
Child Care Providers for provider payments. The State Department of
Education shall contract to conduct and complete a Regional Market
Rate Survey no more frequently than once every two years, consistent
with federal regulations, with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall
provide to the State Department of Education the State Median Income
amount for a four-person household in California based on the best
available data. The State Department of Education shall adjust its
fee schedule for child care providers to reflect this updated state
median income ; however, no changes based on revisions to the
state median income amount shall be implemented midyear .
(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules may
be made at any other time to reflect the availability of accurate
data necessary for their completion, provided these documents receive
the approval of the Department of Finance. The Department of Finance
shall review the changes within 30 working days of submission and
the State Department of Education shall resolve conflicts within an
additional 30 working day period. Contractors shall be given adequate
notice prior to the effective date of the approved schedules. It is
the intent of the Legislature that contracts for services not be
delayed by the timing of the availability of accurate data needed to
update these schedules.
(g) Notwithstanding any other provision of law, no family
receiving CalWORKs cash aid may be charged a family fee.
SEC. 7. Section 8481 is added to the
Education Code , to immediately follow Section 8480, to
read:
8481. This article shall become inoperative on September 1, 2009,
or on the date that the act adding this section becomes effective,
whichever date is later, and, as of January 1, 2010, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2010, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 8. Section 17463.7 is added to the
Education Code , to read:
17463.7. (a) Notwithstanding any other law, a school district may
deposit the proceeds from the sale of surplus real property,
together with any personal property located on the property,
purchased entirely with local funds, into the general fund of the
school district and may use the proceeds for any one-time general
fund purpose. If the purchase of the property was made using the
proceeds of a local general obligation bond or revenue derived from
developer fees, the amount of the proceeds of the transaction that
may be deposited into the general fund of the school district may not
exceed the percentage computed by the difference between the
purchase price of the property and the proceeds from the transaction,
divided by the amount of the proceeds of the transaction. For the
purposes of this section, proceeds of the transaction means either of
the following, as appropriate:
(1) The amount realized from the sale of property after reasonable
expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment
of the proceeds of the transaction, the proceeds of the transaction
shall be calculated as the net present value of the future cashflow
generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of
hardship assistance awarded to the particular school district
pursuant to Article 8 (commencing with Section 17075.10) by an amount
equal to the amount of the sale of surplus real property used for a
one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted
pursuant to this section, the district is ineligible for hardship
funding from the State School Deferred Maintenance Fund under Section
17587 for five years after the date proceeds are deposited into the
general fund pursuant to this section.
(d) Before a school district exercises the authority granted
pursuant to this section, the governing board of the school district
shall first submit to the State Allocation Board documents certifying
the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school
construction needs for the next 10 years.
(e) Before the school district exercises the authority granted
pursuant to this section, the governing board of the school district
at a regularly scheduled meeting shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds and describe the reasons why the
expenditure will not result in ongoing fiscal obligations for the
school district.
(f) The Office of Public School Construction shall submit an
interim and a final report to the State Allocation Board and the
budget, education policy, and fiscal committees of the Legislature
that identifies the school districts that have exercised the
authority granted by this section, the amount of proceeds involved,
and the purpose for which those proceeds were used. The interim
report shall be submitted by January 1, 2011, and the final report by
January 1, 2012.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 9. Section 33128.3 of the
Education Code is amended to read:
33128.3. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128, for
the 2003-04 and 2004-05 fiscal years 2009-10
fiscal year , the minimum state requirement for a reserve for
economic uncertainties is one-half one-third
of the percentage for a reserve adopted by the State
Board of Education state board pursuant to
Section 33128 as of May 1, 2003 2009 .
(b) The school district shall make progress, in the 2010-11 fiscal
year, toward returning to compliance with the standards and criteria
adopted pursuant to paragraph (3) of subdivision (a) of Section
33128.
(b)
(c) For the 2005-06 2011-12
fiscal year, the minimum state requirement for a reserve for
economic uncertainties shall be restored to the percentage adopted by
the State Board of Education state board
pursuant to Section 33128 as of May 1 2003
2009 .
(d) This section shall become inoperative on July 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 10. Section 41202.5 is added to the
Education Code , to read:
41202.5. (a) Pursuant to subdivision (d) of Section 8 of Article
XVI of the California Constitution, in any fiscal year in which the
total amount of funding applied by the state for school districts and
community college districts pursuant to subdivision (b) of Section 8
of Article XVI of the California Constitution is less than the
greater of the amounts computed pursuant to paragraph (1) or
paragraph (2) of subdivision (b) of Section 8 of Article XVI of the
California Constitution, they shall be entitled to a maintenance
factor, equal to the General Fund difference between (1) the greater
of the amounts computed pursuant to paragraph (1) or paragraph (2) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution and (2) the amount of General Fund moneys actually
appropriated to school districts and community college districts in
that fiscal year.
(b) The amount of the maintenance factor created pursuant to
subdivision (d) of Section 8 of Article XVI of the California
Constitution in the 2008-09 fiscal year shall be determined in the
manner set forth in subdivision (a) as if subdivision (a) had been in
effect in that fiscal year; provided, however, that any payment or
allocation pursuant to subdivision (e) of Section 8 of Article XVI of
the California Constitution of the maintenance factor determined
pursuant to this subdivision shall not commence before July 1, 2011,
and no payment or allocation shall occur for the 2009-10 and 2010-11
fiscal years.
SEC. 11. Section 42238.146 of the
Education Code is amended to read:
42238.146. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each school district determined pursuant to this article shall
be reduced by a 1.198 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each school district determined pursuant to this article shall be
further reduced by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.892 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each
school district determined pursuant to this article shall be reduced
by a 7.844 11.187 percent deficit
factor.
(6) For the 2009-10 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
13.094 17.048 percent deficit factor.
(b) In computing the revenue limit for each school district for
the 2006-07 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2003-04, 2004-05, and 2005-06 fiscal
years without being reduced by the deficit factors specified in
subdivision (a).
(c) In computing the revenue limit for each school district for
the 2010-11 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2009-10 fiscal year without being reduced
by the deficit factors specified in subdivision (a).
SEC. 12. Section 46201.2 is added to the
Education Code , to read:
46201.2. (a) Commencing with the 2009-10 school year and
continuing through the 2012-13 school year, a school district, county
office of education, and charter school may reduce the equivalent of
up to five days of instruction or the equivalent number of
instructional minutes without incurring the penalties set forth in
Sections 46200 and 46201. A school district, county office of
education, or charter school shall receive revenue limit funding
based on the adjustments prescribed pursuant to Section 42238.146
whether or not it reduces the number of schooldays or instructional
minutes.
This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 13. Section 47634.1 of the
Education Code is amended to read:
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, may not be less than the
minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum amount
of Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, may not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(e)
(d) Commencing October 1, 2007, the Legislative Analyst'
s Office shall triennially convene a work group to review, commencing
with appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(f)
(e) Categorical block grant funding may be used for any
purpose determined by the governing body of the charter school.
(f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 14. Section 47634.1 is added to the
Education Code , to read:
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, shall not be less than
the minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, shall not be less than the minimum
amount of Economic Impact Aid funding to which a school district of
similar size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, shall not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(e) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
(g) This section shall become operative on July 1, 2013.
SEC. 15. Section 60422.1 of the
Education Code is amended to read:
60422.1. (a) (1) It is the intent of
the Legislature that, due to the state's severe budget crisis, the
governing board of a school district have maximum flexibility to
purchase instructional materials for pupils in kindergarte
n and grades 1 to 12, inclusive. Notwithstanding
(2) It is also the intent of the
Legislature that this section not prohibit the governing board of a
school district from purchasing standards-aligned instructional
materials for pupils in kindergarten and grades 1 to 12,
inclusive.
(b) Notwithstanding subdivision
(i) of Section 60200, Section 60422, or any other provision of law,
for the 2008-09 and 2009-10 to 2012-13
fiscal years, inclusive, the governing board of a school
district is not required to provide pupils with instructional
materials by a specified period of time following adoption of those
materials by the state board.
(b)
(c) Notwithstanding subdivision (a), this section does
not relieve school districts of their obligations under the law to
provide every pupil with standards-aligned textbooks or instructional
materials, as provided in Section 60119.
(c)
(d) This section does not relieve school districts of
the obligation to hold a public hearing or hearings pursuant to
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 60119.
(e) Notwithstanding any other law, the department and the state
board shall not prohibit a school, school district, county office of
education, or charter school identified for program improvement
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) or sanctioned pursuant to subdivision (c) of
Section 52055.57 from implementing the time period for purchasing
instructional materials pursuant to this section.
(d)
(f) This section shall become inoperative on July 1,
2010 2013 , and, as of January 1,
2011 2014 , is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2011 2014 , deletes or extends the
dates on which it becomes inoperative and is repealed.
SEC. 16. Section 60422.2 is added to the
Education Code , to read:
60422.2. (a) Notwithstanding any other law, commencing with the
2013-14 fiscal year, for each content area for which the state board
adopts instructional materials, the governing board of each school
district shall comply with either of the following:
(1) Purchase instructional materials adopted by the state board
between January 1, 2005, and December 31, 2010, inclusive.
(2) Purchase instructional materials adopted by the state board
between January 1, 2011, and December 31, 2016, inclusive.
(b) In meeting the requirements of subdivision (a), the governing
board of a school district shall provide pupils with
standards-aligned textbooks or basic instructional materials in each
content area by the beginning of the first school term that commences
no later than 24 months after those materials in each content area
were adopted by the state board in the time period specified in
paragraph (2) of subdivision (a).
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 17. Section 60851.5 is added to the
Education Code , to read:
60851.5. (a) Notwithstanding any other law, commencing with the
2009-10 school year and until June 30, 2013, each pupil completing
grade 12 is not required to pass the high school exit examination
established pursuant to Section 60850 as a condition of receiving a
diploma of graduation or a condition of graduation from high school.
(b) Commencing with the 2009-10 school year and until June 30,
2013, each pupil shall take the high school exit examination only in
grade 10. Funding for the administration of the high school exit
examination in grade 10 shall be provided in the annual Budget Act.
The Superintendent shall apportion funds appropriated for this
purpose to enable school districts to meet the requirements of this
subdivision and subdivisions (c) and (d). The state board shall
establish the amount of funding to be apportioned per test
administered, based on a review of the cost per test.
(c) The high school exit examination shall be offered in each
public school and state special school that provides instruction in
grade 10 on only one date designated by the Superintendent. The
Superintendent may designate a total of two makeup dates. An exit
examination may not be administered on any date other than those
designated by the Superintendent as examination dates or makeup
dates. For purposes of this section, "date" means a two-day
administration.
(d) The results of the high school exit examination in grade 10
shall be provided to each pupil taking the examination within eight
weeks of the examination administration.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 66021.2 of the
Education Code is amended to read:
66021.2. Consistent with the state's historic commitment to
provide educational opportunity by ensuring both student access to
and selection of an institution of higher education for students with
financial need, the long-term policy of the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42
shall be as follows:
(a) Commencing with the 2001-02 academic year and every
year thereafter, an An applicant for a Cal Grant
A or B award shall receive an award that is not in excess of the
financial need amount determined by the Student Aid Commission
pursuant to Section 69432.9 if he or she complies with all of the
following requirements:
(1) Demonstrates financial need under the criteria adopted
pursuant to Section 69432.9.
(2) Attains a grade point average, as defined in Section 69432.7,
meeting the requirements of Chapter 1.7 (commencing with Section
69430) of Part 42.
(3) Complies with each of the eligibility criteria applicable to
the type of Cal Grant award for which he or she is applying.
(b) (1) The maximum Cal Grant A award for a student attending the
University of California or the California State University shall
equal the mandatory systemwide fees in each of those segments.
(2) The maximum Cal Grant B award for a student to which this
subdivision is applicable shall equal the mandatory systemwide fees
in the segment attended by the student, except for community college
students who receive waivers from the Board of Governors of the
California Community Colleges, plus the access award calculated as
specified in Article 3 (commencing with Section 69435) of Chapter 1.7
of Part 42, except that in the first year of enrollment in a
qualifying institution, the maximum award shall be only for the
amount of the access award.
(c) The maximum Cal Grant awards for students attending nonpublic
institutions shall be as follows:
(1) The Commencing with the 2010-11
academic year, the maximum Cal Grant A award for all
recipients, including renewal awards, shall equal the
tuition award level established in the Budget Act of 2000
nine thousand two hundred twenty-three dollars ($9,223) ,
or the amount as adjusted in subsequent annual budget acts.
(2) The Commencing with the 2010-11
academic year, the maximum Cal Grant B award for all
recipients, including renewal awards, shall equal the
amount of the tuition award as established in the Budget Act of 2000
nine thousand two hundred twenty-three dollars
($9,223) , or the amount as adjusted in subsequent annual
budget acts, plus the amount of the access costs specified in Section
69435, except that, in the first year of enrollment in a qualifying
institution, the maximum award shall be only for the amount of the
access award.
(d) Commencing with the 2000-01 academic year, and each
academic year thereafter, the The Cal Grant C
award shall be utilized only for occupational or technical training.
(e) Commencing with the 2000-01 academic year, and each
academic year thereafter, the The Cal Grant T
award shall be used only for one academic year of full-time
attendance in a program of professional preparation that has been
approved by the California Commission on Teacher Credentialing.
(f) An institution of higher education in this state that
participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program shall not reduce its level of per capita need-based
institutional financial aid to undergraduate students, excluding
loans, below the total level awarded in the 2000-01 academic year.
(g) The implementation of the policy set forth in this section
shall maintain a balance between the state's policy goals of ensuring
student access to and selection of an institution of higher
education for students with financial need and academic merit.
(h) It is the policy of the State of California that the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement
the federal Pell Grant program.
(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program shall not guarantee admission to an institution of
higher education or admission to a specific campus or program.
SEC. 19.
Section 69432.7 of the Education Code is
amended to read:
69432.7. As used in this chapter, the following terms have the
following meanings:
(a) An "academic year" is July 1 to June 30, inclusive. The
starting date of a session shall determine the academic year in which
it is included.
(b) "Access costs" means living expenses and expenses for
transportation, supplies, and books.
(c) "Award year" means one academic year, or the equivalent, of
attendance at a qualifying institution.
(d) "College grade point average" and "community college grade
point average" mean a grade point average calculated on the basis of
all college work completed, except for nontransferable units and
courses not counted in the computation for admission to a California
public institution of higher education that grants a baccalaureate
degree.
(e) "Commission" means the Student Aid Commission.
(f) "Enrollment status" means part-time status or full-time
status.
(1) Part time, for purposes of Cal Grant eligibility, is defined
as 6 to 11 semester units, inclusive, or the equivalent.
(2) Full time, for purposes of Cal Grant eligibility, is defined
as 12 or more semester units or the equivalent.
(g) "Expected family contribution," with respect to an applicant,
shall be determined using the federal methodology pursuant to
subdivision (a) of Section 69506 (as established by Title IV of the
federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070
et seq.)) and applicable rules and regulations adopted by the
commission.
(h) "High school grade point average" means a grade point average
calculated on a 4.0 scale, using all academic coursework, for the
sophomore year, the summer following the sophomore year, the junior
year, and the summer following the junior year, excluding physical
education, reserve officer training corps (ROTC), and remedial
courses, and computed pursuant to regulations of the commission.
However, for high school graduates who apply after their senior year,
"high school grade point average" includes senior year coursework.
(i) "Instructional program of not less than one academic year"
means a program of study that results in the award of an associate or
baccalaureate degree or certificate requiring at least 24 semester
units or the equivalent, or that results in eligibility for transfer
from a community college to a baccalaureate degree program.
(j) "Instructional program of not less than two academic years"
means a program of study that results in the award of an associate or
baccalaureate degree requiring at least 48 semester units or the
equivalent, or that results in eligibility for transfer from a
community college to a baccalaureate degree program.
(k) "Maximum household income and asset levels" means the
applicable household income and household asset levels for
participants in the Cal Grant Program, as defined and adopted in
regulations by the commission for the 2001-02 academic year, which
shall be set pursuant to the following income and asset ceiling
amounts:
CAL GRANT PROGRAM INCOME CEILINGS
+------------------------------------------------+
| Cal Grant A, |
| C, and T Cal Grant B |
+------------------------------------------------+
|Dependent and Independent students with |
|dependents* |
|Family Size |
|Six or more $74,100 $40,700 |
|Five $68,700 $37,700 |
|Four $64,100 $33,700 |
|Three $59,000 $30,300 |
|Two $57,600 $26,900 |
| |
|Independent |
|Single, no dependents $23,500 $23,500 |
|Married $26,900 $26,900 |
+------------------------------------------------+
*Applies to independent students with dependents
other than a spouse.
CAL GRANT PROGRAM ASSET CEILINGS
+------------------------------------------------+
| Cal Grant A, |
| C, and T Cal Grant B |
+------------------------------------------------+
| |
|Dependent** $49,600 $49,600 |
|Independent $23,600 $23,600 |
+------------------------------------------------+
**Applies to independent students with
dependents other than a spouse.
The commission shall annually adjust the maximum household income
and asset levels based on the percentage change in the cost of living
within the meaning of paragraph (1) of subdivision (e) of Section 8
of Article XIII B of the California Constitution . However, for
the 2010-11 academic year, the commission shall not make that
adjustment for the purposes of the Cal Grant A Program . Any
applicant who qualifies to be considered under the simplified needs
test established by federal law for student assistance shall be
presumed to meet the asset level test under this section. Prior to
disbursing any Cal Grant funds, a qualifying institution shall be
obligated, under the terms of its institutional participation
agreement with the commission, to resolve any conflicts that may
exist in the data the institution possesses relating to that
individual.
() "Qualifying institution" means any of the following:
(1) Any California private or independent postsecondary
educational institution that participates in the Pell Grant program
and in at least two of the following federal campus-based student aid
programs:
(A) Federal Work-Study.
(B) Perkins Loan Program.
(C) Supplemental Educational Opportunity Grant Program.
(2) Any nonprofit institution headquartered and operating in
California that certifies to the commission that 10 percent of the
institution's operating budget, as demonstrated in an audited
financial statement, is expended for the purposes of institutionally
funded student financial aid in the form of grants, that demonstrates
to the commission that it has the administrative capacity to
administer the funds, that is accredited by the Western Association
of Schools and Colleges, and that meets any other state-required
criteria adopted by regulation by the commission in consultation with
the Department of Finance. A regionally accredited institution that
was deemed qualified by the commission to participate in the Cal
Grant Program for the 2000-01 academic year shall retain its
eligibility as long as it maintains its existing accreditation
status.
(3) Any California public postsecondary educational institution.
(m) "Satisfactory academic progress" means those criteria required
by applicable federal standards published in Title 34 of the Code of
Federal Regulations. The commission may adopt regulations defining
"satisfactory academic progress" in a manner that is consistent with
those federal standards.
SEC. 20. Section 76300 of the Education
Code is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be
twenty dollars ($20) twenty-six dollars ($26)
per unit per semester, effective with the spring
fall term of the 2006-07 2009-10
academic year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who, at the time of enrollment, is a recipient of
benefits under the Temporary Assistance to Needy Families program,
the Supplemental Security Income/State Supplementary Program, or a
general assistance program or has demonstrated financial need in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
(2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.
(3) Paragraphs (1) and (2) may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from
nonresident tuition under paragraph (3) of subdivision (a) of Section
76140.
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent, or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 for determining nonresident and
resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains the age of 30 years.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
SEC. 21. Section 84043 is added to the
Education Code , to read:
84043. (a) (1) Notwithstanding any other provision of law, and
unless otherwise prohibited under federal law, for the 2009-10 to
2012-13 fiscal years, inclusive, community college districts may use
funding received, pursuant to subdivision (b), from any of the
programs listed in paragraph (2) that are contained in Item
6870-101-0001 of Section 2.00 of the annual Budget Act, for the
purposes of any of the programs contained in Schedule (2) and
Schedules (4) to (23), inclusive, of Item 6870-101-0001 of Section
2.00 of the Budget Act of 2009.
(2) (A) Apprenticeship.
(B) Matriculation.
(C) Academic Senate for the Community Colleges.
(D) Equal Employment Opportunity.
(E) Part-time Faculty Health Insurance.
(F) Part-time Faculty Compensation.
(G) Part-time Faculty Office Hours.
(H) Economic Development.
(I) Transfer Education and Articulation.
(J) Physical Plant and Instructional Support.
(K) Career Technical Education.
(L) Campus Childcare Tax Bailout.
(b) For the 2009-10 to 2012-13 fiscal years, inclusive, the
chancellor shall apportion from the amounts provided in the annual
Budget Act for the programs enumerated in paragraph (2) of
subdivision (a), an amount to a community college district, based on
the same relative proportion that the district received in the
2008-09 fiscal year for the programs enumerated in paragraph (2) of
subdivision (a). The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a).
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) If a community college district elects to use funding received
pursuant to subdivision (b) in the manner authorized pursuant to
subdivision (a), the governing board of the district shall, at a
regularly scheduled open public hearing, take testimony from the
public, discuss, and shall approve or disapprove the proposed use of
funding.
(3) (A) If a community college district elects to use funding
received pursuant to subdivision (b) in the manner authorized
pursuant to subdivision (a), the district shall continue to report
the expenditures pursuant to this section by using the appropriate
codes to indicate the activities for which these funds were expended
using the existing standard reporting process as determined by the
chancellor.
(B) The chancellor shall collect the information in subparagraph
(A) and shall provide that information to the Department of Finance
and to the appropriate policy and budget committees of the
Legislature on or before April 15, 2010, and annually thereafter by
April 15 of each year, through 2014.
(d) For the 2009-10 to 2012-13 fiscal years, inclusive, community
college districts that elect to use funding in the manner authorized
pursuant to subdivision (a) shall be deemed to be in compliance with
the program and funding requirements contained in statutory,
regulatory, and provisional language, associated with the programs
enumerated in subdivision (a).
SEC. 22. Item 6110-113-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-113-0890--For local assistance,
Department of Education-Title VI Flexibility
and Accountability, payable from the Federal
Trust Fund.................................... 24,010,000
Schedule:
(1) 20.60.030.030-
Instructional Support:
Alternative Schools
Accountability Model... 775,000
(2) 20.70.030.005-
Instructional Support:
Assessment Review and
Reporting.............. 600,000
(3) 20.70.030.006-
Instructional Support:
STAR Program........... 5,433,000
(4) 20.70.030.007-
Instructional Support:
English Language
Development Test....... 10,480,000
(5) 20.70.030.008-
Instructional Support:
High School Exit
Examination............ 6,372,000
(6) 20.70.030.029-
Instructional Support:
High School Exit
Examination:
Evaluation of
Instruction............ 350,000
Provisions:
1. Funds appropriated in Schedule (1)
are provided for the continued
development of the Alternative
Schools Accountability Model to
include alternative schools within
the state's system of
accountability.
2. Funds appropriated in Schedule (3)
are provided for approved contract
costs for the development and
administration of the California
Standards Tests, the Standards-
Based Tests in Spanish, the
California Modified Assessment, the
California Alternate Performance
Assessment (CAPA), and the
Designated Primary Language Test,
as part of the STAR Program.
3. The funds appropriated in Schedule
(4) shall be available for approved
contract costs for administration
of the California English Language
Development Test, consistent with
the requirements of Chapter 7
(commencing with Section 60810) of
Part 33 of Division 4 of Title 2 of
the Education Code and Provision 3
of Item 6110-113-0001.
4. Funds appropriated in Schedule (5)
are provided for approved contract
costs related to the administration
of the California High School Exit
Examination pursuant to Section
60851.5 of the Education Code. Any
remaining funds shall be available
for purposes of the STAR program in
Schedule (3).
5. Funds appropriated in Schedule (6)
are for an evaluation of
instruction in the standards
covered by the California High
School Exit Examination in order to
determine the progress of middle
schools and high schools in
implementing instruction and
curriculum aligned to those
standards. Any remaining funds
shall be available for purposes of
the STAR program in Schedule (3).
6. Funds appropriated in Schedule (2)
are for providing local educational
agencies information regarding
federal requirements associated
with assessments.
7. Funds provided to local educational
agencies from Schedules (3), (4),
and (5) shall first be used to
offset any state-mandated
reimbursable cost, within the
meaning of subdivision (e) of
Section 17556 of the Government
Code, that otherwise may be claimed
through the state mandates
reimbursement process for the STAR
Program, the California English
Language Development Test, the
California High School Exit
Examination, and the California
Alternate Performance Assessment.
Local educational agencies
receiving funding from these
schedules shall reduce their
estimated and actual mandate
reimbursement claims by the amount
of funding provided to them from
these schedules.
8. Of the funds appropriated in
Schedule (5), $1,200,000 is
provided in one-time carryover
funds.
9. Federal funds provided in this item
for statewide testing purposes
shall be fully expended before
General Fund resources provided in
Item 6110-113-0001 are expended for
the same purposes.
SEC. 23. It is the intent of the Legislature that basic
aid school districts assume categorical funding reductions
proportionate to the revenue limit reductions implemented for
nonbasic aid districts in this act. The Superintendent of Public
Instruction shall reduce the amount of categorical funding allocated
to basic aid school districts in 2009-10, as follows:
(a) For 2009-10, the State Department of Education shall notify
each basic aid school district, by September 1, 2010, or two months
after the Budget Act of 2010 is enacted, whichever is later, of the
amount of funds to be reduced from its categorical allocations, as
follows:
(1) Multiply each district's 2009-10 total revenue limit subject
to the deficit factor specified in paragraph (5) of subdivision (a)
of Section 42238.146 of the Education Code, calculated as of the
2009-10 certified second principal apportionment, by 4.36 percent.
(2) The department shall recover from categorical funds identified
in subdivision (b) and apportioned in 2010-11 to districts that were
basic aid school districts in the 2009-10 fiscal year, the lesser of
the amount calculated in paragraph (1) or the amount by which the
sum of the amounts described in subdivision (h) of Section 42238 of
the Education Code exceeds the district's revenue limit. This result
will be further limited by the following:
(A) The amount of categorical funds to be reduced shall be limited
to the extent that the provisions of Section 41975 of the Education
Code cannot be met through other state aid.
(B) If the amount determined in paragraph (1) exceeds the amount
of categorical funding owed or paid in the 2010-11 fiscal year to the
basic aid school district for programs identified in subdivision
(b), then the department shall recover the lesser amount.
(b) The department shall recover the amount of funds calculated in
subdivision (a) and may offset funds for any categorical program to
be received in the 2010-11 fiscal year, with the exception of special
education, the After School Education and Safety Program, the
Quality Education Investment Act of 2006, and child care and
development.
(c) By
June 30, 2011, the department shall report to the Controller and the
Director of Finance the amounts that were recovered from each
categorical education program and the corresponding item of
appropriation in the Budget Act of 2009 that is to be reduced. The
amounts so reduced shall revert to the unexpended balance of the
General Fund. The reductions pursuant to this subdivision shall be
reductions in the amount appropriated for purposes of Section 8 of
Article XVI of the California Constitution for the 2009-10 fiscal
year.
(d) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state, for the
2009-10 fiscal year, an apportionment of state funds pursuant to
subdivision (h) of Section 42238 of the Education Code.
SEC. 24. For the 2009-10 fiscal year and for
purposes of Sections 42127 and 42131 of the Education Code, a county
superintendent of schools and the Superintendent of Public
Instruction shall not assign a qualified or negative certification to
a local education agency based substantially on a projected loss of
federal funds provided through the federal State Fiscal Stabilization
Fund of the American Recovery and Reinvestment Act of 2009 in the
2011-12 fiscal year. To ensure consistent statewide implementation of
this provision and to provide guidance to reviewing agencies
regarding the application of this provision, the Superintendent of
Public Instruction shall convene a standards and criteria committee
established pursuant to Section 33127 of the Education Code to modify
the budget and financial review criteria to incorporate this change
for the 2009-10 fiscal year.
SEC. 25. Section 10 of this act furthers the
purposes of The Classroom Instructional Improvement and
Accountability Act approved by the electors at the November 8, 1988,
statewide general election.
SEC. 26. Any judicial action or proceeding to
challenge, review, set aside, void, or annul the provisions of
Section 41202.5 of the Education Code, as added by Section 10 of this
act, shall proceed by application or complaint filed within 45 days
of the effective date of this act.
SEC. 27. The changes in law made by this act shall
be operative commencing on July 1, 2009, and thus apply
retroactively.
SEC. 28. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 19, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.
SEC. 2. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 19, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.