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2005 California Education Code Sections 52335-52335.10 Occupational Centers
EDUCATION CODESECTION 52335-52335.10
52335. Commencing with the 1988-89 fiscal year, funds for regional occupational centers and programs shall be apportioned in accordance with this article. For purposes of this article, "ROC/P" means regional occupational center or program. 52335.1. From funds appropriated in the annual Budget Act for that purpose, the Superintendent of Public Instruction shall apportion funds for ROC/Ps according to the following priorities: (a) Apportionments for necessary small ROC/Ps pursuant to Section 52324.6. (b) Apportionments for ROC/P revenue limits pursuant to Section 52335.2. 52335.2. The Superintendent of Public Instruction shall calculate a revenue limit for each ROC/P in the following manner: (a) Calculate a base revenue limit per unit of average attendance for the current fiscal year as follows: (1) Divide the revenue limit for the prior year computed pursuant to this section by the annual units of average daily attendance funded in the prior year pursuant to subdivisions (c) and (d). (2) Increase the amount computed in paragraph (1) by the percentage inflation adjustment specified in the Budget Act for the current fiscal year multiplied by the statewide average ROC/P revenue limit per unit of average daily attendance for the prior fiscal year. (b) Calculate a revenue limit per unit of average daily attendance for program growth by increasing the revenue limit per unit of average daily attendance for program growth computed pursuant to this subdivision for the prior fiscal year by the percentage inflation adjustment specified in the Budget Act for the current fiscal year. (c) Multiply the amount computed pursuant to subdivision (a) by the lesser of the ROC/P's annual units of average daily attendance for the current fiscal year or the ROC/P's annual units of funded average daily attendance for the prior fiscal year. (d) Subtract the ROC/P's annual units of funded average daily attendance for the prior fiscal year from the ROC/P's annual units of average daily attendance for the current fiscal year and multiply the difference by the amount computed pursuant to subdivision (b). If the product computed pursuant to this subdivision is negative, it shall be deemed to be zero. (e) Except as provided in Section 52335.3, the Superintendent of Public Instruction shall apportion to the ROC/P the sum of the amounts computed pursuant to subdivisions (c) and (d). (f) The average daily attendance used for purposes of this section shall not include the average daily attendance in schools receiving funding pursuant to Section 52324.6. (g) Any state funds made available as a result of local property tax revenues deducted pursuant to Section 52335.3 shall be allocated to each ROC/P in an equal amount per unit of funded average daily attendance and shall not be included in the calculation of the base revenue limit made pursuant to subdivision (a) for the subsequent fiscal year. (h) Before making the calculations described in subdivisions (c) and (d) to determine the amount to be apportioned to each ROC/P pursuant to subdivision (e) for the 1998-99 fiscal year, average daily attendance for the 1997-98 fiscal year shall be adjusted by a factor equal to the number one minus the quotient of the number of units of that ROC/P's 1996-97 average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996, divided by that ROC/P's total 1996-97 average daily attendance. 52335.3. The Superintendent of Public Instruction shall deduct from the amount computed pursuant to subdivision (e) of Section 52335.2 for each ROC/P operated by a county office of education any local revenue that would otherwise be deemed restricted and not available for expenditure in the current fiscal year pursuant to subdivision (e) of Section 2558. Any local revenue so deducted shall be used by the county office for support of the ROC/P. 52335.4. The Superintendent of Public Instruction shall determine each ROC/P's share of funded growth average daily attendance by computing the sum of subdivisions (a), (b), and (c): (a) Subtract the ROC/P's annual units of funded average daily attendance for the prior year from the ROC/P's annual units of funded average daily attendance for the second prior year. If the amount computed pursuant to this subdivision is negative, it shall be deemed to be zero. (b) Allocate 25 percent of the allowable growth average daily attendance funded in the Budget Act to low participation ROC/P's, pursuant to criteria established by the Superintendent of Public Instruction. (c) (1) Subtract the statewide sum of the growth average daily attendance computed pursuant to subdivisions (a) and (b) from the allowable growth in average daily attendance funded in the Budget Act. If the amount computed is negative, it shall be deemed to be zero. (2) (A) Calculate the ROC/P's pro rata share of the funded growth average daily attendance calculated pursuant to paragraph (1), based on the prior year average daily attendance in grades 9 to 12, inclusive, for the school districts served by the ROC/P in relation to the total statewide prior year average daily attendance in grades 9 to 12, inclusive. For purposes of the calculation required by this paragraph, the Superintendent of Public Instruction shall use the average daily attendance reported for the second principal apportionment of the prior year. (B) In calculating the pro rata share of funded growth average daily attendance, the Superintendent of Public Instruction shall ensure that each ROC/P is provided at least 10 units of allowed growth average daily attendance pursuant to subdivisions (b) and (c). (d) (1) It is the intent of the Legislature that each ROC/P use its share of funded growth average daily attendance provided pursuant to this section to serve pupils in grades 9 to 12, inclusive, unless the governing board or governing boards of the school district or districts overseeing the ROC/P determine that the needs of pupils in grades 9 to 12, inclusive, have been met. (2) It is the intent of the Legislature that, if a determination is made pursuant to paragraph (1) that the needs of pupils in grades 9 to 12, inclusive, have been met, then the governing board or governing boards of the school district or districts overseeing the ROC/P may authorize the ROC/P to use its share of funded growth average daily attendance provided pursuant to this section to serve adults. 52335.5. In the event that the funds appropriated for purposes of this article are insufficient to fully fund the apportionments herein authorized, the Superintendent of Public Instruction shall reduce the amounts computed pursuant to Section 52335.2 for each ROC/P based on equal amounts per unit of average daily attendance, consistent with the following priorities: (a) First priority shall be given to fully funding average daily attendance that is less than or equal to the average daily attendance funded in the prior fiscal year. (b) Second priority shall be given to fully funding each ROC/P's share of funded growth average daily attendance determined pursuant to Section 52335.4. (c) Third priority shall be given to funding current year annual average daily attendance that exceeds the sum of the average daily attendance specified in subdivisions (a) and (b). 52335.6. For purposes of allocating allowable growth average daily attendance to low participation ROC/Ps, the Superintendent of Public Instruction shall: (a) Calculate for each ROC/P the prior year average daily attendance in grades 9 to 12, inclusive, for the school districts served by the ROC/P. (b) Divide the funded average daily attendance of the ROC/P for the prior year by the amount calculated in subdivision (a). (c) Divide the statewide funded ROC/P average daily attendance for the prior year by the prior year statewide average daily attendance in grades 9 to 12, inclusive. (d) For each ROC/P where the amount calculated in subdivision (b) is less than the amount calculated in subdivision (c), calculate the ROC/P's pro rata share of allowable growth daily attendance for low participation ROC/Ps, based on the average daily attendance needed by the ROC/P to be at the percentage of participation calculated in subdivision (c) in relation to the total of average daily attendance needed by low participation ROC/Ps for each ROC/P to be at the percentage of participation calculated in subdivision (c). 52335.7. (a) For any fiscal year in which the Superintendent of Public Instruction determines that the allowable growth in average daily attendance funded in the Budget Act represents less than 2-percent growth in relation to the funded average daily attendance of ROC/Ps in the prior year, the superintendent shall not allocate funds for ROC/P growth pursuant to subdivision (b) of Section 52335.4, but shall allocate growth funds exclusively in accordance with subdivisions (a) and (c) of Section 52335.4. (b) Effective July 1, 1991, the Superintendent of Public Instruction shall not allocate funds for ROC/P growth pursuant to subdivision (b) of Section 52335.4, unless funds for such purpose are specifically appropriated in the Budget Act. 52335.8. For the 1993-94 and 1994-95 fiscal years only, the Superintendent of Public Instruction shall use, for the purposes of Section 52335.2, the same base average daily attendance for each ROC/P that was used for the 1992-93 fiscal year. 52335.9. For the 1996-97 fiscal year only, the Superintendent of Public Instruction shall recalculate the base revenue limit for each ROC/P for the purposes of subdivision (a) of Section 52335.2 to reflect the actual amount received by each ROC/P in the 1995-96 fiscal year, including funding received pursuant to the Budget Act of 1996 (Ch. 162, Stats. 1996) for the cost-of-living adjustment for the 1996-97 fiscal year and for growth in average daily attendance, but excluding the following: (a) Any state funds made available as a result of local property tax revenues deducted pursuant to Section 52335.3. (b) Funding allocated pursuant to Provision 7 of Item 6110-105-0001 of Section 2.00 of the Budget Act of 1996 (Ch. 162, Stats. 1996). 52335.10. From funds appropriated pursuant to Provision 7 of Item 6110-105-0001 of Section 2.00 of the Budget Act of 1996, the Superintendent of Public Instruction shall allocate funds to ROC/Ps on a pro rata basis as follows: (a) Sixty percent of the funds shall be allocated to increase each ROC/P's revenue limit for the 1995-96 fiscal year to the statewide average ROC/P revenue limit for the 1995-96 fiscal year. (b) Forty percent of the funds shall be allocated to increase the funded average daily attendance for each ROC/P in the 1995-96 fiscal year to the statewide average rate of participation. For the purpose of this subdivision, the statewide average rate of participation shall be calculated pursuant to Section 52335.6.
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