2005 California Education Code Sections 42280-42289.6 Article 4. Funding for Small School Districts

42280.  (a) For each school district that meets, in the current or
prior fiscal year, the conditions specified in Section 42281, 42282,
or 42284 the county superintendent of schools shall compute, for each
qualifying school in the district, an amount pursuant to this
article.
   (b) For each school district that is a countywide unified school
district that had fewer than 2,501 units of average daily attendance
in the 1990-91 fiscal year, the county superintendent of schools
shall compute an amount pursuant to this article for those schools
that meet the conditions specified in Sections 42283 and 42285 in the
current or prior fiscal year.  This subdivision is only applicable
to those schools funded pursuant to this article in the 1990-91
fiscal year and, in subsequent years, if the school district has no
more than 3,000 units of average daily attendance.
   (c) For the 1998-99 fiscal year, average daily attendance reported
pursuant to Section 41601 for the 1997-98 fiscal year, exclusive of
average daily attendance for absences excused pursuant to subdivision
(b) of Section 46010 as that subdivision read on July 1, 1996, shall
be used for the purpose of determining whether school districts meet
the conditions in Sections 42281, 42282, and 42284 for the prior
fiscal year.
42281.  (a) Except as specified in paragraph (4), for each
elementary school district that maintains only one school with a
second principal apportionment average daily attendance of less than
101, the county superintendent shall make one of the following
computations, whichever provides the lesser amount:
   (1) For each small school that has an average daily attendance
during the fiscal year of less than 26, exclusive of pupils attending
the 7th and 8th grades of a junior high school, and for which school
at least one teacher was hired full time, the county superintendent
shall compute for the district fifty-two thousand nine hundred
twenty-five dollars ($52,925).
   (2) For each small school that has an average daily attendance
during the fiscal year of 26 or more and less than 51, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school at least two teachers were hired full time for more
than one-half of the days schools were maintained, the county
superintendent shall compute for the district one hundred five
thousand eight hundred fifty dollars ($105,850).
   (3) For each small school that has an average daily attendance
during the fiscal year of 51 or more but less than 76, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school three teachers were hired full time for more than
one-half of the days schools were maintained, the county
superintendent shall compute for the district one hundred fifty-eight
thousand seven hundred seventy-five dollars ($158,775).
   (4) For each small school that has an average daily attendance
during the fiscal year of 76 or more and less than 101, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school four teachers were hired full time for more than
one-half of the days schools were maintained, the county
superintendent shall compute for the district two hundred eleven
thousand seven hundred dollars ($211,700).  A school district that
qualifies under this subdivision may use this funding calculation
until the revenue limit per unit of average daily attendance
multiplied by the average daily attendance produces state aid equal
to the small school funding formula.
   (b) For the 1998-99 fiscal year and each fiscal year thereafter,
the average daily attendance figure of 101 specified in subdivision
(a) and the ranges of average daily attendance specified in
paragraphs (1) to (4), inclusive, shall be reduced by the statewide
average rate of excused absence reported for elementary school
districts for the 1996-97 fiscal year pursuant to Section 42238.7,
with the resultant figures and ranges rounded to the nearest integer.
42282.  For each district with fewer than 2,501 units of second
principal apportionment average daily attendance, on account of each
necessary small school, the county superintendent shall make the
following computations:
   (a) For each necessary small school which has an average daily
attendance during the fiscal year of less than 26, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school at least one teacher was hired full time, the county
superintendent shall compute for the district fifty-two thousand
nine hundred twenty-five dollars ($52,925).
   (b) For each necessary small school which has an average daily
attendance during the fiscal year of 26 or more and less than 51,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school at least two teachers were hired full
time for more than one-half of the days schools were maintained, the
county superintendent shall compute for the district one hundred five
thousand eight hundred fifty dollars ($105,850).
   (c) For each necessary small school which has an average daily
attendance during the fiscal year of 51 or more but less than 76,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school three teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district one hundred fifty-eight
thousand seven hundred seventy-five dollars ($158,775).
   (d) For each necessary small school which has an average daily
attendance during the fiscal year of 76 or more and less than 101,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school four teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district two hundred eleven
thousand seven hundred dollars ($211,700). These school districts may
use this funding calculation until the revenue limit per unit of
average daily attendance multiplied by the average daily attendance
produces state aid equal to the small school funding formula.
   (e) For the 1998-99 fiscal year and each fiscal year thereafter,
the ranges of average daily attendance specified in subdivisions (a)
to (d), inclusive, shall be reduced by the statewide average rate of
excused absence reported for elementary school districts for the
1996-97 fiscal year pursuant to Section 42238.7, with the resultant
figures and ranges rounded to the nearest integer.
42282.1.  (a) Notwithstanding Section 42282, or any other provision
of law, each necessary small school in the Death Valley Unified
School District shall qualify for the apportionment specified in
subdivision (b) of Section 42282 if that school has an average daily
attendance of 21 or more and less than 51, exclusive of pupils
attending the 7th and 8th grades of a junior high school, and for
which school at least two teachers were hired full-time for more than
one-half of the days schools were maintained.
   (b) It is the intent of the Legislature not to provide a special
allowance to the Death Valley Unified School District for one of its
schools by future legislation if the average daily attendance at the
school is 18 or less.
42283.  (a) For the purposes of Section 42282, a "necessary small
school" is an elementary school with an average daily attendance of
less than 101, exclusive of pupils attending the seventh and eighth
grades of a junior high school, maintained by a school district which
maintains two or more schools and to which school any of the
following conditions apply:
   (1) If as many as five pupils residing in the district and
attending kindergarten and grades 1 to 8, inclusive, exclusive of
pupils attending the seventh and eighth grades of a junior high
school in the elementary school with an average daily attendance of
less than 101 would be required to travel more than 10 miles one way
from a point on a well-traveled road nearest their home to the
nearest other public elementary school.
   (2) If as many as 15 pupils residing in the district and attending
kindergarten and grades 1 to 8, inclusive, exclusive of pupils
attending the seventh and eighth grades of a junior high school in
the elementary school with an average daily attendance of less than
101 would be required to travel more than five miles one way from a
point on a well-traveled road nearest their home to the nearest other
public elementary school.
   (3) If topographical or other conditions exist in a district which
would impose unusual hardships if the number of miles specified in
paragraph (1) or (2) were required to be traveled, or if during the
fiscal year the roads which would be traveled have been impassable
for more than an average of two weeks per year for the preceding five
years, the governing board of the district may, on or before April
1, request the Superintendent of Public Instruction, in writing, for
an exemption from these requirements or for a reduction in the miles
required.  The request shall be accompanied by a statement of the
conditions upon which the request is based, giving the information in
a form required by the Superintendent of Public Instruction.  The
Superintendent of Public Instruction shall cause an investigation to
be made, and shall either grant the request to the extent he or she
deems necessary, or deny the request.
   (b) For the 1998-99 fiscal year and each fiscal year thereafter, a
"necessary small school," as defined in subdivision (a), shall be an
elementary school with an average daily attendance of less than 101
reduced by the statewide average rate of excused absence reported for
elementary school districts for the 1996-97 fiscal year pursuant to
Section 42238.7, rounded to the nearest integer.
42283.1.  (a) Notwithstanding any provision of this article or any
other provision of law, Mt. Hamilton Elementary School and Harney
Elementary School each shall be deemed a necessary small school, as
defined in Section 42283.  In lieu of the amount calculated for
necessary small schools, and in addition to the amount per unit of
average daily attendance received by the districts, as calculated
pursuant to Article 2 (commencing with Section 42238), the Alum Rock
Union Elementary School District shall receive in each fiscal year,
commencing with the 1993-94 fiscal year, a twenty thousand dollar
($20,000) apportionment for Mt. Hamilton Elementary School and the
Patterson Joint Unified School District shall receive a twenty
thousand dollar ($20,000) apportionment for Harney Elementary School.
   (b) If either Mt. Hamilton Elementary School or Harney Elementary
School exceeds 20 units of average daily attendance in any fiscal
year, then that school shall no longer be entitled to receive the
apportionments set forth in subdivision (a).
42283.2.  (a)  Notwithstanding any other provision of law, the Rand
Elementary School shall be deemed a necessary small school, as
defined in Section 42283.  Notwithstanding any other provision of
law, the Sierra Sands Unified School District is eligible to receive
apportionments for the Rand Elementary School pursuant to Section
42282.
   (b) If the amount of average daily attendance of the Rand
Elementary School exceeds 100, then that school shall no longer be
entitled to receive apportionments as a necessary small school.
42283.6.  (a) Notwithstanding any provision of this article or any
other provision of law, Hot Springs Elementary School shall be deemed
a necessary small school, as defined in Section 42283.  Instead of
the amount calculated for necessary small schools, and in addition to
the amount per unit of average daily attendance received by the
district, as calculated pursuant to Article 2 (commencing with
Section 42238), the Hot Springs Elementary School District shall
receive in each fiscal year, commencing with the 2003-04 fiscal year,
a fifty-thousand-dollar ($50,000) apportionment for Hot Springs
Elementary School.
   (b) If Hot Springs Elementary School exceeds 28 units of average
daily attendance in any fiscal year, that school is no longer
entitled to receive the apportionments set forth in subdivision (a).
   (c) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute that
is enacted before January 1, 2009, deletes or extends the dates on
which it becomes inoperative and is repealed.
42284.  (a) For each district with fewer than 2,501 units of average
daily attendance, on account of each necessary small high school,
the county superintendent of schools shall make one of the following
computations selected with regard only to the number of certificated
employees employed or average daily attendance, whichever provides
the lesser amount:
   Average daily              Minimum number of          Amount to be
    attendance              certificated employees         computed
       1- 20 ................... less than 3               $ 42,980
                                                          per teacher
       1- 20 ...........................   3                191,340
      21- 40 ...........................   4                234,320
      41- 60 ...........................   5                277,300
      61- 75 ...........................   6                320,280
      76- 90 ...........................   7                363,260
      91-105 ...........................   8                406,240
     106-120 ...........................   9                449,220
     121-135 ...........................  10                492,200
     136-150 ...........................  11                535,180
     151-180 ...........................  12                578,160
     181-220 ...........................  13                621,140
     221-260 ...........................  14                664,120
     261-300 ...........................  15                707,100
   (b) For purposes of this section, a "certificated employee" means
an equivalent full-time position of an individual holding a
credential authorizing service and providing service in grades 9 to
12, inclusive, in any secondary school.  Any fraction of an
equivalent full-time position remaining after all equivalent
full-time positions for certificated employees within the district
have been calculated shall be deemed to be a full-time position.
   (c) A school district that qualifies under this section may use
the funding calculation as provided in this section until the revenue
limit per unit of average daily attendance multiplied by the average
daily attendance produces state aid equal to the funding provided
under this section.
   (d) For the 1998-99 fiscal year and each fiscal year thereafter,
the ranges of average daily attendance specified in the table in
subdivision (a) shall be reduced by the statewide average rate of
excused absence reported for high school districts for the 1996-97
fiscal year pursuant to Section 42238.7, with the resultant ranges
rounded to the nearest integer.
42285.  (a) A necessary small high school for the purposes of
Section 42284, is a high school with an average daily attendance of
less than 301, excluding continuation schools, which comes within any
of the following conditions (except that a single high school
maintained by a unified district, or a high school maintained by any
district for the exclusive purpose of educating juvenile hall pupils
or pupils with exceptional needs, shall be considered a necessary
small high school):
   (1) The projection of its future enrollment on the basis of the
enrollment of the elementary schools in the district shows that
within eight years the enrollment in high school in grades 9 to 12,
inclusive, will exceed 300 pupils.
   (2) Any one of the following combinations of distance and units of
average daily attendance applies:
   (A) The high school had an average daily attendance of less than
100 in grades 9 to 12, inclusive, during the preceding fiscal year
and is more than 15 miles by well-traveled road from the nearest
other public high school and either 90 percent of the pupils would be
required to travel 20 miles or 25 percent of the pupils would be
required to travel 30 miles one way from a point on a well-traveled
road nearest their homes to the nearest other public high school.
   (B) The high school had an average daily attendance of 100 or more
and less than 150 in grades 9 to 12, inclusive, during the preceding
fiscal year and is more than 10 miles by well-traveled road from the
nearest other public high school and either 90 percent of the pupils
would be required to travel 18 miles or 25 percent of the pupils
would be required to travel 25 miles one way from a point on a
well-traveled road nearest their homes to the nearest other public
high school.
   (C) The high school had an average daily attendance of 150 or more
and less than 200 in grades 9 to 12, inclusive, during the preceding
fiscal year and is more than 71/2 miles by well-traveled road from
the nearest other public high school and either 90 percent of the
pupils would be required to travel 15 miles or 25 percent of the
pupils would be required to travel 20 miles one way from a point on a
well-traveled road nearest their homes to the nearest other public
high school.
   (D) The high school had an average daily attendance of 200 or more
and less than 301 in grades 9 to 12, inclusive, during the preceding
fiscal year and is more than five miles by well-traveled road from
the nearest other public high school and either 90 percent of the
pupils would be required to travel 10 miles or 25 percent of the
pupils would be required to travel 15 miles to the nearest other
public high school.
   (3) Topographical or other conditions exist in the district which
would impose unusual hardships on the pupils if the number of miles
specified above were required to be traveled. In these cases, the
Superintendent may, when requested, and after investigation, grant
exceptions from the distance requirements.
   (4) The Superintendent has approved the recommendation of a county
committee on school district organization designating one of two or
more schools as necessary isolated schools in a situation where the
schools are operated by two or more districts and the average daily
attendance of each of the schools is less than 301 in grades 9 to 12,
inclusive.
   (b) For the 1998-99 fiscal year and each fiscal year thereafter,
the high school and junior high school average daily attendance
figures specified in subdivision (a) and the ranges of average daily
attendance specified in paragraph (2) of subdivision (a) shall be
reduced by the statewide average rate of excused absence reported for
high school districts for the 1996-97 fiscal year pursuant to
Section 42238.7, with the resultant figures and ranges rounded to the
nearest integer.
42285.1.  (a) For purposes of Section 42285, a necessary small high
school includes the Boys Republic High School maintained by the Chino
Unified School District in which the majority of the pupils are
placed by court order and the enrollment of the school is less than
200 pupils.  The total amount annually received by the Chino Unified
School District pursuant to this section for the 1988-89 fiscal year
and each fiscal year thereafter shall not exceed an amount equal to
the sum of one hundred eighty thousand dollars ($180,000) plus the
amount of revenue that the average daily attendance in the Boys
Republic High School would have generated pursuant to Section 42238
and paragraph (1) of subdivision (a) of Section 42238.5.
   (b) The Chino Unified School District shall submit an annual
report to the State Department of Education regarding the necessary
small high school as defined in this section.  The report shall
include, but not be limited to, the number of pupils attending the
school, the number of teachers teaching in the school, the number of
days that classes were held in the school, and the type of program
provided by the district.
   (c) It is the intent of the Legislature that the Chino Unified
School District receive funding as provided by this section
commencing with the 1988 -89 fiscal year and continuing in subsequent
fiscal years.
42285.2.  (a) Notwithstanding any other provision of law, the
Coachella Valley Unified School District is eligible to receive
apportionments for the Sea View Elementary School and for the West
Shores High School pursuant to the schedule for necessary small high
schools set forth in Section 42284.
   (b) If the amount of average daily attendance of either school
exceeds 286, that school district shall no longer be entitled to
receive apportionments as set forth in this section.
   (c) Notwithstanding any other provision of law, the Coachella
Valley Unified School District shall remain eligible to receive
apportionments described in subdivision (a) until June 30, 2006,
pursuant to Section 42286, at the end of which time the department
shall review the average daily attendance numbers of each school
described in subdivision (a) to determine whether the Coachella
Valley Unified School District qualifies for continued funding as
described in subdivision (a). If the department determines that
either the Sea View Elementary School or the West Shores High School,
or both, qualifies for continued funding as described in subdivision
(a), the Coachella Valley Unified School District shall remain
eligible to receive apportionments, as described in subdivision (a),
for the school that remains entitled to receive apportionments, or
for both schools if both remain entitled to receive apportionments.
Funding for one school, or for both schools, if applicable, shall
continue in two-year increments, commencing on July 1, 2006, with a
review of attendance numbers and a determination of eligibility for
each school by the department every two years, commencing July 1,
2008.
42285.3.  Notwithstanding subdivision (b) of Section 42280 or any
other provision of law, a unified school district that is the only
school district in a county, that has received more than two million
seven hundred thousand dollars ($2,700,000) in federal Forest Reserve
funds in the 1992-93 school year and less than one million three
hundred thousand dollars ($1,300,000) in federal Forest Reserve funds
in the 1996-97 school year, and that has fewer than 4,501 units of
average daily attendance in the 1997-98 school year or in subsequent
school years shall be eligible to receive apportionments pursuant to
the schedules for a "necessary small school" and a "necessary small
high school," as set forth in this article, for up to the total
number of schools in the district that would have met the criteria
for classification as a necessary small school or a necessary small
high school in the 1996-97 fiscal year, if the district had fewer
than 2,501 units of average daily attendance in the 1996-97 fiscal
year, except that this section does not apply in a school year in
which an otherwise eligible school district receives more than two
million dollars ($2,000,000) in federal Forest Reserve funds.
42285.4.  Notwithstanding any other provision of law, the River
Delta Unified School District is eligible to receive apportionments
pursuant to the schedule and criteria for small necessary high
schools set forth in Section 42284 if the school district has no more
than 3,000 units of average daily attendance.
42286.  If a high school is determined to be a necessary small high
school under Section 42285, its status as such shall not be changed
except as a review of the determinative factors made every five years
following the date of the determination indicates that the
determination should be changed.
   Any high school which has not been determined to be a necessary
small high school under Section 42285, may be determined to be a
necessary small high school at the beginning of any fiscal year if it
meets the criteria specified in Section 42285.
42287.  For the 1984-85 fiscal year and each fiscal year thereafter,
the Superintendent of Public Instruction shall increase the funding
amounts specified in Sections 42281, 42282, and 42284 by an amount
proportionate to the increase applied to the statewide average
revenue limit for unified school districts for the then current
fiscal year.
42289.  Notwithstanding any other provision of law, for each fiscal
year, prior to calculating the increase in funding amount specified
in Section 42287, the Superintendent of Public Instruction shall
increase the funding amounts specified in Sections 42281, 42282, and
42284, by the product of subdivisions (a) and (b):
   (a) The amount per unit of average daily attendance received by
the district pursuant to Section 46201 in the prior fiscal year.
   (b) The average daily attendance for each necessary small school
and necessary small high school for which the district received
funding in the prior fiscal year pursuant to Section 42281, 42282, or
42284, as appropriate.
42289.1.  (a) Notwithstanding any other provision of law, for the
1988 -89 fiscal year and each fiscal year thereafter, after
calculating the increase in funding amounts specified in Section
42287, the Superintendent of Public Instruction shall increase the
funding amounts specified in Sections 42281, 42282, and 42284, by the
sum of paragraphs (1) and (2):
   (1) Compute the product of subparagraphs (A) and (B):
   (A) The amount per unit of average daily attendance computed
pursuant to subdivision (g) of Section 42240.
   (B) The average daily attendance for each necessary small school
and necessary small high school for which the district receives
funding in the current fiscal year pursuant to Section 42281, 42282,
or 42284, as appropriate.
   (2) Commencing in the 1990-91 fiscal year and each fiscal year
thereafter, the amount computed pursuant to paragraph (1) shall be
increased by the percentage cost-of-living increase given to school
district revenue limits for the then current fiscal year.
42289.2.  (a) Notwithstanding any other provision of law, for the
1989 -90 fiscal year and each fiscal year thereafter, after
calculating the increase in funding amounts specified in Section
42287, the Superintendent of Public Instruction shall increase the
funding amounts specified in Sections 42281, 42282, and 42284, by the
sum of paragraphs (1) and (2):
   (1) Compute the product of subparagraphs (A) and (B):
   (A) The amount per unit of average daily attendance computed
pursuant to subdivision (e) of Section 54060.5.
   (B) The average daily attendance for each necessary small school
and necessary small high school for which the district receives
funding in the current fiscal year pursuant to Section 42281, 42282,
or 42284, as appropriate.
   (2) Commencing in the 1990-91 fiscal year and each fiscal year
thereafter, the amount computed pursuant to paragraph (1) shall be
increased by the percentage cost-of-living increase given to school
district revenue limits for the then current fiscal year.
42289.3.  (a) Notwithstanding any other provision of law, for the
1989 -90 fiscal year and each fiscal year thereafter, after
calculating the increase in funding amounts specified in Section
42287, the Superintendent of Public Instruction shall increase the
funding amounts specified in Sections 42281, 42282, and 42284, by the
sum of paragraphs (1) and (2):
   (1) Compute the product of subparagraphs (A) and (B):
   (A) The amount per unit of average daily attendance computed
pursuant to subdivision (e) of Section 54060.6.
   (B) The average daily attendance for each necessary small school
and necessary small high school for which the district receives
funding in the current fiscal year pursuant to Section 42281, 42282,
or 42284, as appropriate.
   (2) Commencing in the 1990-91 fiscal year and each fiscal year
thereafter, the amount computed pursuant to paragraph (1) shall be
increased by the percentage cost-of-living increase given to school
district revenue limits for the then current fiscal year.
42289.4.  (a) Notwithstanding any other provision of law, for the
1989 -90 fiscal year and each fiscal year thereafter, after
calculating the increase in funding amounts specified in Section
42287, the Superintendent of Public Instruction shall increase the
funding amounts specified in Sections 42281, 42282, and 42284, by the
sum of paragraphs (1) and (2):
   (1) Compute the product of subparagraphs (A) and (B):
   (A) The amount per unit of average daily attendance computed
pursuant to subdivision (b) of Section 54060.7.
   (B) The average daily attendance for each necessary small school
and necessary small high school for which the district receives
funding in the current fiscal year pursuant to Section 42281, 42282,
or 42284, as appropriate.
   (2) Commencing in the 1990-91 fiscal year and each fiscal year
thereafter, the amount computed pursuant to paragraph (1) shall be
increased by the percentage cost-of-living increase given to school
district revenue limits for the then current fiscal year.
42289.5.  Notwithstanding any other provision of law, the increases
determined pursuant to Sections 42289, 42289.1, 42289.3, and 42289.4
shall be permanently increased for the 1998-99 fiscal year by the
quotient, for each district eligible for an increase, of the amount
determined pursuant to subparagraph (B) of paragraph (3) of
subdivision (a) of Section 42238.8 divided by the amount determined
pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of
Section 42238.8.
42289.6.  (a) It is the intent of the Legislature that the Quality
Education Commission review the eligibility provisions for the
establishment of necessary small schools as specified in Sections
42280, 42282, 42283, 42284, and 42285, including the following:
   (1) The appropriate size for a necessary small elementary school,
a necessary small middle school, and a necessary small high school.
   (2) Whether mileage and other eligibility requirements are
appropriate or need to be modified.
   (b) It is further the intent of the Legislature that by January 1,
2006, the Quality Education Commission recommend to the Legislature
modifications regarding the size, eligibility requirements, and
funding of necessary small schools.