41840. A school district or county superintendent of schools may
only claim average daily attendance for apportionment purposes for
schools or classes maintained for adults in correctional facilities
if those classes meet the requirements of Section 41976. In addition,
any of those classes offered pursuant to paragraph (10) of
subdivision (a) of Section 41976 shall meet the requirements of
Section 51934, 51202, or 51203, as the case may be.
41841.5. (a) The Superintendent of Public Instruction shall
allocate to each school district maintaining a secondary school or
county superintendent of schools that offers adult education classes
for adults in correctional facilities an amount equal to the actual
current expense of the district or county superintendent of schools
of maintaining those classes for the fiscal year. The amount so
allowed for each unit of average daily attendance in these classes
shall in no event exceed the statewide average revenue limit for
adults multiplied by 0.8. However, for the 1993-94 and 1994-95 fiscal
years, the amount so allowed to a district or county superintendent
of schools for each unit of average daily attendance in classes for
adults in correctional facilities shall in no event exceed the
statewide average revenue limit at which adults in correctional
facilities were funded in the 1992-93 fiscal year, as adjusted by any
cost-of-living adjustment pursuant to Section 42238.1.
For the purposes of this section "correctional facilities"
includes any county jail, county industrial farm, or county or joint
county road camp.
Each school district or county superintendent of schools shall
receive advanced apportionments as authorized by Sections 41330,
41332, and 41335 on the basis of the cost data report of the district
for the preceding fiscal year and each district or county
superintendent of schools shall file a preliminary cost data report
based upon estimated current expenses.
For purposes of this section, the Superintendent of Public
Instruction shall, by rules and regulations, establish minimum
standards for the conduct of the adult education classes, including,
but not necessarily limited to, attendance requirements and
requirements concerning records to be kept and reports to be
submitted.
(b) There is hereby appropriated from the General Fund to Section
A of the State School Fund the following sums for the following
fiscal years for the purposes of subdivision (a):
(1) For the 1980-81 fiscal year ........ $1,020,100
(2) For the 1981-82 fiscal year and each
fiscal year thereafter ............. $1,113,000
Commencing with the 1982-83 fiscal year, the amounts in paragraph
(2) shall be cumulatively increased by 6 percent, unless otherwise
provided by law. Commencing with the 1990-91 fiscal year, the amounts
in paragraph (2) shall be increased by the percentage change
determined pursuant to subdivision (b) of Section 42238.1.
41841.6. (a) Except as otherwise provided in subdivision (b) of
Section 46191, for the 2000-01 fiscal year for purposes of Sections
1909 and 41841.5, in calculating the average daily attendance for
schools or classes for adults in correctional facilities, a school
district or county board of education may not claim or report any
increase in average daily attendance in excess of the average daily
attendance claimed and authorized pursuant to this article during the
previous fiscal year multiplied by a factor of 1.025 to 1.14, as
specified as follows:
(1) A school district or county office of education that has not
experienced a loss of average daily attendance due to extenuating
circumstances may not claim or report an increase in average daily
attendance in excess of that authorized pursuant to this article
during the previous fiscal year multiplied by 1.025.
(2) A school district that experienced a loss of units of average
daily attendance due to extenuating circumstances may not claim or
report an increase in average daily attendance in excess of that
authorized pursuant to this article during the previous fiscal year
multiplied by a factor equivalent to the number derived by adding
1.025 to the extenuating circumstances factor, as defined pursuant to
paragraph (3).
(3) For purposes of this section, "a school district or county
office of education that experienced a loss of average daily
attendance due to extenuating circumstances" means a school district
or county office of education that experienced a loss of average
daily attendance as a result of the temporary or permanent closure of
jails, a jail, or a unit thereof, that occurred on or after June 30,
1993, at which the district or office provided jail education
programs that were subject to reimbursement by the state.
(4) For purposes of paragraph (2), "extenuating circumstances
factor" means that number derived by dividing the number of units of
average daily attendance lost to circumstances defined in paragraph
(3) divided by the number of units of average daily attendance
claimed in the fiscal year prior to the extenuating circumstances
occurring, provided that the factor does not exceed 0.115.
(5) Any school district or county office of education claiming
additional average daily attendance pursuant to the "extenuating
circumstances factor" defined in paragraph (4) shall document the
extenuating circumstances and the data involved in calculating their
extenuating circumstances factor. This subdivision shall apply only
to average daily attendance generated in the 2000-01 fiscal year.
(b) Except as otherwise provided in subdivision (b) of Section
46191, commencing with the 2001-02 fiscal year, and for each fiscal
year thereafter, for purposes of Sections 1909 and 41841.5, in
calculating the average daily attendance for schools or classes for
adults in correctional facilities, a school district or county board
of education may not claim or report any increase in average daily
attendance in excess of the average daily attendance authorized
pursuant to this article during the previous fiscal year multiplied
by 1.025, unless the Legislature approves a greater increase for that
fiscal year in the annual Budget Act.
(c) Notwithstanding subdivision (b), for the 2003-04 fiscal year,
and each fiscal year thereafter, a school district or county office
of education shall calculate the maximum average daily attendance it
may claim for schools and classes for adults in correctional
facilities for the then-current fiscal year by multiplying the
maximum average daily attendance that it would have been authorized
to claim for those programs, without regard to actual average daily
attendance, for the immediately preceding fiscal year by 1.025, or a
greater increase if approved by the Legislature for that fiscal year
in the annual Budget Act or other measure.
(d) It is the intent of the Legislature to provide, through
subsequent measures, additional adjustments to increase allocations
for adults in correctional facility educational programs to the
extent that funds are available.
(e) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance for
programs set forth in this section unless the allocations are in
compliance with this section.
41841.8. Notwithstanding Sections 1909 and 41841.5, or any other
provision of law, commencing with the 1994-95 fiscal year and each
fiscal year thereafter, any school district or county superintendent
of schools that did not maintain schools or classes for adults in
correctional facilities in the 1993-94 fiscal year and that
subsequently offers those schools or classes shall not claim, or
receive apportionments for, more than 20 units of average daily
attendance for the first year in which the school district or county
superintendent of schools offers those classes.
41840. A school district or county superintendent of schools may
only claim average daily attendance for apportionment purposes for
schools or classes maintained for adults in correctional facilities
if those classes meet the requirements of Section 41976. In addition,
any of those classes offered pursuant to paragraph (10) of
subdivision (a) of Section 41976 shall meet the requirements of
Section 51934, 51202, or 51203, as the case may be.
41841.5. (a) The Superintendent of Public Instruction shall
allocate to each school district maintaining a secondary school or
county superintendent of schools that offers adult education classes
for adults in correctional facilities an amount equal to the actual
current expense of the district or county superintendent of schools
of maintaining those classes for the fiscal year. The amount so
allowed for each unit of average daily attendance in these classes
shall in no event exceed the statewide average revenue limit for
adults multiplied by 0.8. However, for the 1993-94 and 1994-95 fiscal
years, the amount so allowed to a district or county superintendent
of schools for each unit of average daily attendance in classes for
adults in correctional facilities shall in no event exceed the
statewide average revenue limit at which adults in correctional
facilities were funded in the 1992-93 fiscal year, as adjusted by any
cost-of-living adjustment pursuant to Section 42238.1.
For the purposes of this section "correctional facilities"
includes any county jail, county industrial farm, or county or joint
county road camp.
Each school district or county superintendent of schools shall
receive advanced apportionments as authorized by Sections 41330,
41332, and 41335 on the basis of the cost data report of the district
for the preceding fiscal year and each district or county
superintendent of schools shall file a preliminary cost data report
based upon estimated current expenses.
For purposes of this section, the Superintendent of Public
Instruction shall, by rules and regulations, establish minimum
standards for the conduct of the adult education classes, including,
but not necessarily limited to, attendance requirements and
requirements concerning records to be kept and reports to be
submitted.
(b) There is hereby appropriated from the General Fund to Section
A of the State School Fund the following sums for the following
fiscal years for the purposes of subdivision (a):
(1) For the 1980-81 fiscal year ........ $1,020,100
(2) For the 1981-82 fiscal year and each
fiscal year thereafter ............. $1,113,000
Commencing with the 1982-83 fiscal year, the amounts in paragraph
(2) shall be cumulatively increased by 6 percent, unless otherwise
provided by law. Commencing with the 1990-91 fiscal year, the amounts
in paragraph (2) shall be increased by the percentage change
determined pursuant to subdivision (b) of Section 42238.1.
41841.6. (a) Except as otherwise provided in subdivision (b) of
Section 46191, for the 2000-01 fiscal year for purposes of Sections
1909 and 41841.5, in calculating the average daily attendance for
schools or classes for adults in correctional facilities, a school
district or county board of education may not claim or report any
increase in average daily attendance in excess of the average daily
attendance claimed and authorized pursuant to this article during the
previous fiscal year multiplied by a factor of 1.025 to 1.14, as
specified as follows:
(1) A school district or county office of education that has not
experienced a loss of average daily attendance due to extenuating
circumstances may not claim or report an increase in average daily
attendance in excess of that authorized pursuant to this article
during the previous fiscal year multiplied by 1.025.
(2) A school district that experienced a loss of units of average
daily attendance due to extenuating circumstances may not claim or
report an increase in average daily attendance in excess of that
authorized pursuant to this article during the previous fiscal year
multiplied by a factor equivalent to the number derived by adding
1.025 to the extenuating circumstances factor, as defined pursuant to
paragraph (3).
(3) For purposes of this section, "a school district or county
office of education that experienced a loss of average daily
attendance due to extenuating circumstances" means a school district
or county office of education that experienced a loss of average
daily attendance as a result of the temporary or permanent closure of
jails, a jail, or a unit thereof, that occurred on or after June 30,
1993, at which the district or office provided jail education
programs that were subject to reimbursement by the state.
(4) For purposes of paragraph (2), "extenuating circumstances
factor" means that number derived by dividing the number of units of
average daily attendance lost to circumstances defined in paragraph
(3) divided by the number of units of average daily attendance
claimed in the fiscal year prior to the extenuating circumstances
occurring, provided that the factor does not exceed 0.115.
(5) Any school district or county office of education claiming
additional average daily attendance pursuant to the "extenuating
circumstances factor" defined in paragraph (4) shall document the
extenuating circumstances and the data involved in calculating their
extenuating circumstances factor. This subdivision shall apply only
to average daily attendance generated in the 2000-01 fiscal year.
(b) Except as otherwise provided in subdivision (b) of Section
46191, commencing with the 2001-02 fiscal year, and for each fiscal
year thereafter, for purposes of Sections 1909 and 41841.5, in
calculating the average daily attendance for schools or classes for
adults in correctional facilities, a school district or county board
of education may not claim or report any increase in average daily
attendance in excess of the average daily attendance authorized
pursuant to this article during the previous fiscal year multiplied
by 1.025, unless the Legislature approves a greater increase for that
fiscal year in the annual Budget Act.
(c) Notwithstanding subdivision (b), for the 2003-04 fiscal year,
and each fiscal year thereafter, a school district or county office
of education shall calculate the maximum average daily attendance it
may claim for schools and classes for adults in correctional
facilities for the then-current fiscal year by multiplying the
maximum average daily attendance that it would have been authorized
to claim for those programs, without regard to actual average daily
attendance, for the immediately preceding fiscal year by 1.025, or a
greater increase if approved by the Legislature for that fiscal year
in the annual Budget Act or other measure.
(d) It is the intent of the Legislature to provide, through
subsequent measures, additional adjustments to increase allocations
for adults in correctional facility educational programs to the
extent that funds are available.
(e) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance for
programs set forth in this section unless the allocations are in
compliance with this section.
41841.8. Notwithstanding Sections 1909 and 41841.5, or any other
provision of law, commencing with the 1994-95 fiscal year and each
fiscal year thereafter, any school district or county superintendent
of schools that did not maintain schools or classes for adults in
correctional facilities in the 1993-94 fiscal year and that
subsequently offers those schools or classes shall not claim, or
receive apportionments for, more than 20 units of average daily
attendance for the first year in which the school district or county
superintendent of schools offers those classes.
41840. A school district or county superintendent of schools may
only claim average daily attendance for apportionment purposes for
schools or classes maintained for adults in correctional facilities
if those classes meet the requirements of Section 41976. In addition,
any of those classes offered pursuant to paragraph (10) of
subdivision (a) of Section 41976 shall meet the requirements of
Section 51934, 51202, or 51203, as the case may be.
41841.5. (a) The Superintendent of Public Instruction shall
allocate to each school district maintaining a secondary school or
county superintendent of schools that offers adult education classes
for adults in correctional facilities an amount equal to the actual
current expense of the district or county superintendent of schools
of maintaining those classes for the fiscal year. The amount so
allowed for each unit of average daily attendance in these classes
shall in no event exceed the statewide average revenue limit for
adults multiplied by 0.8. However, for the 1993-94 and 1994-95 fiscal
years, the amount so allowed to a district or county superintendent
of schools for each unit of average daily attendance in classes for
adults in correctional facilities shall in no event exceed the
statewide average revenue limit at which adults in correctional
facilities were funded in the 1992-93 fiscal year, as adjusted by any
cost-of-living adjustment pursuant to Section 42238.1.
For the purposes of this section "correctional facilities"
includes any county jail, county industrial farm, or county or joint
county road camp.
Each school district or county superintendent of schools shall
receive advanced apportionments as authorized by Sections 41330,
41332, and 41335 on the basis of the cost data report of the district
for the preceding fiscal year and each district or county
superintendent of schools shall file a preliminary cost data report
based upon estimated current expenses.
For purposes of this section, the Superintendent of Public
Instruction shall, by rules and regulations, establish minimum
standards for the conduct of the adult education classes, including,
but not necessarily limited to, attendance requirements and
requirements concerning records to be kept and reports to be
submitted.
(b) There is hereby appropriated from the General Fund to Section
A of the State School Fund the following sums for the following
fiscal years for the purposes of subdivision (a):
(1) For the 1980-81 fiscal year ........ $1,020,100
(2) For the 1981-82 fiscal year and each
fiscal year thereafter ............. $1,113,000
Commencing with the 1982-83 fiscal year, the amounts in paragraph
(2) shall be cumulatively increased by 6 percent, unless otherwise
provided by law. Commencing with the 1990-91 fiscal year, the amounts
in paragraph (2) shall be increased by the percentage change
determined pursuant to subdivision (b) of Section 42238.1.
41841.6. (a) Except as otherwise provided in subdivision (b) of
Section 46191, for the 2000-01 fiscal year for purposes of Sections
1909 and 41841.5, in calculating the average daily attendance for
schools or classes for adults in correctional facilities, a school
district or county board of education may not claim or report any
increase in average daily attendance in excess of the average daily
attendance claimed and authorized pursuant to this article during the
previous fiscal year multiplied by a factor of 1.025 to 1.14, as
specified as follows:
(1) A school district or county office of education that has not
experienced a loss of average daily attendance due to extenuating
circumstances may not claim or report an increase in average daily
attendance in excess of that authorized pursuant to this article
during the previous fiscal year multiplied by 1.025.
(2) A school district that experienced a loss of units of average
daily attendance due to extenuating circumstances may not claim or
report an increase in average daily attendance in excess of that
authorized pursuant to this article during the previous fiscal year
multiplied by a factor equivalent to the number derived by adding
1.025 to the extenuating circumstances factor, as defined pursuant to
paragraph (3).
(3) For purposes of this section, "a school district or county
office of education that experienced a loss of average daily
attendance due to extenuating circumstances" means a school district
or county office of education that experienced a loss of average
daily attendance as a result of the temporary or permanent closure of
jails, a jail, or a unit thereof, that occurred on or after June 30,
1993, at which the district or office provided jail education
programs that were subject to reimbursement by the state.
(4) For purposes of paragraph (2), "extenuating circumstances
factor" means that number derived by dividing the number of units of
average daily attendance lost to circumstances defined in paragraph
(3) divided by the number of units of average daily attendance
claimed in the fiscal year prior to the extenuating circumstances
occurring, provided that the factor does not exceed 0.115.
(5) Any school district or county office of education claiming
additional average daily attendance pursuant to the "extenuating
circumstances factor" defined in paragraph (4) shall document the
extenuating circumstances and the data involved in calculating their
extenuating circumstances factor. This subdivision shall apply only
to average daily attendance generated in the 2000-01 fiscal year.
(b) Except as otherwise provided in subdivision (b) of Section
46191, commencing with the 2001-02 fiscal year, and for each fiscal
year thereafter, for purposes of Sections 1909 and 41841.5, in
calculating the average daily attendance for schools or classes for
adults in correctional facilities, a school district or county board
of education may not claim or report any increase in average daily
attendance in excess of the average daily attendance authorized
pursuant to this article during the previous fiscal year multiplied
by 1.025, unless the Legislature approves a greater increase for that
fiscal year in the annual Budget Act.
(c) Notwithstanding subdivision (b), for the 2003-04 fiscal year,
and each fiscal year thereafter, a school district or county office
of education shall calculate the maximum average daily attendance it
may claim for schools and classes for adults in correctional
facilities for the then-current fiscal year by multiplying the
maximum average daily attendance that it would have been authorized
to claim for those programs, without regard to actual average daily
attendance, for the immediately preceding fiscal year by 1.025, or a
greater increase if approved by the Legislature for that fiscal year
in the annual Budget Act or other measure.
(d) It is the intent of the Legislature to provide, through
subsequent measures, additional adjustments to increase allocations
for adults in correctional facility educational programs to the
extent that funds are available.
(e) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance for
programs set forth in this section unless the allocations are in
compliance with this section.
41841.8. Notwithstanding Sections 1909 and 41841.5, or any other
provision of law, commencing with the 1994-95 fiscal year and each
fiscal year thereafter, any school district or county superintendent
of schools that did not maintain schools or classes for adults in
correctional facilities in the 1993-94 fiscal year and that
subsequently offers those schools or classes shall not claim, or
receive apportionments for, more than 20 units of average daily
attendance for the first year in which the school district or county
superintendent of schools offers those classes.
