2005 California Education Code Sections 54020-54033 Article 2. Economic Impact Aid

54020.  It is the intent of the Legislature that funds authorized
pursuant to this chapter replace, as of July 1, 1979, funds
previously authorized to support educationally disadvantaged youth
programs and bilingual education.  To that end, the purpose of this
article is to provide a method of impact aid allocation to be
utilized by the Superintendent of Public Instruction, which will
allow efforts initiated under those programs to continue and expand
so long as need exists while previously unserved and underserved
populations are provided with adequate aid.
54021.  The Legislature finds that in order to allow districts
sufficient time to plan for programs authorized pursuant to this
chapter, notification of entitlements shall be made to districts
several months prior to actual disbursement of funds.  The
Legislature, therefore, shall announce its intent to appropriate
funds for this chapter at least one year in advance of the normal
budgetary appropriation process.
   The Superintendent of Public Instruction shall calculate district
entitlements for any fiscal year by June 15 of the prior fiscal year
utilizing the latest information available at that time and assuming
the appropriation announced by the Legislature will be available for
the fiscal year in question.  The Superintendent of Public
Instruction shall notify districts of their expected entitlements no
later than July 1 of that fiscal year.
   This section shall become operative for calculation of district
entitlements for the 1979-80 fiscal year, and shall be utilized in
calculation of entitlements for every fiscal year thereafter.
54022.  For entitlements of the 1989-90 fiscal year and each year
thereafter, the Superintendent of Public Instruction shall calculate
state gross need by multiplying the state index of need by the
average excess cost of education for impact aid.
   The state index of need shall be:  number of children aged 5 to 17
years, inclusive, from families that receive Aid to Families with
Dependent Children.
   The average excess cost of education for impact aid shall be five
hundred sixty-five dollars and thirty-six cents ($565.36) in the
1989-90 fiscal year and shall be adjusted annually by the amount of
the percentage increase determined under subdivision (b) of Section
42238.1.
54023.  For each eligible school district, the Superintendent of
Public Instruction shall compute a share of the state gross need
defined in Section 54022.  To determine such shares he shall, for
each district, compute the product of:
   (a) A factor which shall be one-third the sum of the following
three terms which shall be computed utilizing data from the three
most recently available fiscal years:
   (1) A ratio of "potential impact of bilingual-bicultural pupils"
determined by dividing the percent of pupils in the district with
Spanish and Asian surnames, and Indian pupils, as determined by the
most recent ethnic survey conducted by the Department of Education,
by the statewide average percentage of such pupils for unified,
elementary, or high school districts, as appropriate.
   (2) A ratio of the district's "index of family poverty," defined
as the average of; the number of school age children in poverty as
determined by the United States census and the number of school age
children in families receiving aid for dependent children support,
divided by its average daily attendance, divided in turn by the state
average index of family poverty for unified, elementary, or high
school districts, as appropriate.
   (3) A ratio of the district's "index of pupil transiency,"
computed as the difference between 1 and the district's average daily
attendance divided by its total annual enrollment, divided by the
state average index of pupil transiency for unified, elementary, or
high school districts, as appropriate.
   (b) The district's average of; the number of school age children
in poverty as determined by the United States census and the number
of school age children in families receiving aid for dependent
children support.
   (c) A constant figure as determined by the Superintendent of
Public Instruction so that the sum of all district shares will not
exceed the state gross need.
54024.  The Superintendent of Public Instruction shall calculate
available resources for each district by adding funding entitlements
allowed each district from the following sources:
   (a) Base impact aid computed pursuant to Section 54028.
   (b)  Section 54030.
54025.  If, in any year, a district's share of gross need,
calculated pursuant to Section 54023 exceeds resources available to
that district, as calculated in Section 54024, the Superintendent of
Public Instruction shall subtract the district's sum of available
resources from its share of gross need and the difference shall be
considered the district's "unmet need" except that unmet need shall
be zero for any district with a factor of less than 0.35 as
calculated in subdivision (a) of Section 54023.
   The Superintendent of Public Instruction shall then compute what
portion of all unmet need is represented by the unmet need of each
district.
54026.  The Superintendent of Public Instruction shall compare each
district's share of state gross need as calculated in Section 54023
to that district's base impact aid for the prior fiscal year.  When
the district's base impact aid for the prior fiscal year exceeds its
share of state gross need, the district's base impact aid shall be
reduced to equal its share of state gross need but shall not be
reduced more than 15 percent of its base impact aid for the prior
fiscal year.
54027.  New impact aid in any fiscal year shall be allocated to
districts from the funds available after allocation of base impact
aid, and inflation adjustments and in direct proportion to the
district's portion of total unmet need, as calculated in Section
54025.
54028.  For the 1979-80 fiscal year and each fiscal year thereafter,
the Superintendent of Public Instruction shall apportion district
entitlements for impact aid as follows:
   (a) He shall apportion to each district its base impact aid as
adjusted pursuant to Section 54026;
   (b) He shall then apportion inflation adjustment for districts
whose entitlements are not reduced pursuant to Section 54026;
   (c) He shall then apportion such sums as are computed pursuant to
Section 54027.
   The total entitlements so derived shall be considered base impact
aid in the following fiscal year.
   Such amounts as are received by districts in the 1978-79 fiscal
year pursuant to Section 54002 and Article 3 (commencing with Section
52160) of Chapter 7 of Part 28 of this division shall be considered
base impact aid for the purposes of making entitlements for the
1979-80 fiscal year.
54029.  The State Board of Education may, pursuant to Article 3
(commencing with Section 33050) of Chapter 1 of Part 20, waive any
statutory provision or regulation regarding the use of funds
apportioned pursuant to this article, provided that the funds are
used in the same schools, or in schools in similar need, and the
district demonstrates a reasonable case that the waiver will improve
pupil services in those schools.
54030.  For the purposes of this article, economically disadvantaged
pupils shall be defined as the sum of the number of children aged 5
to 17, inclusive, from families that receive Aid to Families with
Dependent Children and the number of pupils of limited English
proficiency, as identified pursuant to Section 52163.
54030.  For the purposes of this article, economically disadvantaged
pupils shall be defined as the sum of the number of children aged 5
to 17, inclusive, from families that receive Aid to Families with
Dependent Children and the number of pupils of limited English
proficiency, as identified pursuant to Section 52163.
54031.  Notwithstanding Section 54026, school districts with low
concentrations of economically disadvantaged pupils shall be
allocated funds pursuant to the following schedule:
    Number of economically
    disadvantaged pupils                     Amount
    0                                        None
    1-10                                     $4,000
    11-20                                    $6,000
54031.  Notwithstanding Section 54026, school districts with low
concentrations of economically disadvantaged pupils shall be
allocated funds pursuant to the following schedule:
              Number of economically                    Amount
               disadvantaged pupils
                       0                                 None
                       1-10                             $4,000
                      11-20                             $6,000
54032.  School districts shall not expend economic impact aid funds
at school sites that do not have pupils of limited English
proficiency, as identified pursuant to Section 52163, or who are
determined, pursuant to standards established by the State Department
of Education, to be academically low achieving.  These funds shall:
   (a) Be utilized to serve and to assist those pupils.
   (b) Supplement, and not supplant, existing resources at the
schoolsite.
54032.  School districts shall not expend economic impact aid funds
at school sites that do not have pupils of limited English
proficiency, as identified pursuant to Section 52163, or who are
determined, pursuant to standards established by the State Department
of Education, to be academically low achieving.  These funds shall:
   (a) Be utilized to serve and to assist those pupils.
   (b) Supplement, and not supplant, existing resources at the
schoolsite.
54033.  For the 1989-90 fiscal year and each fiscal year thereafter,
the Superintendent of Public Instruction shall compute an
equalization adjustment for each district as follows:
   (a) The superintendent shall divide the total amount of economic
impact aid allocations to the district, as calculated under this
article, by the total number of economically disadvantaged pupils, to
determine the statewide average economic impact aid allocation per
economically disadvantaged pupil.
   (b) The superintendent shall adjust the allocations made pursuant
to Article 4 (commencing with Section 54040) so that each district's
economic impact aid allocation per economically disadvantaged pupil
is no less than the statewide average economic impact aid allocation
per economically disadvantaged pupil for the prior fiscal year, as
determined pursuant to subdivision (a).
54033.  For the 1989-90 fiscal year and each fiscal year thereafter,
the Superintendent of Public Instruction shall compute an
equalization adjustment for each district as follows:
   (a) The superintendent shall divide the total amount of economic
impact aid allocations to the district, as calculated under this
article, by the total number of economically disadvantaged pupils, to
determine the statewide average economic impact aid allocation per
economically disadvantaged pupil.
   (b) The superintendent shall adjust the allocations made pursuant
to Article 4 (commencing with Section 54040) so that each district's
economic impact aid allocation per economically disadvantaged pupil
is no less than the statewide average economic impact aid allocation
per economically disadvantaged pupil for the prior fiscal year, as
determined pursuant to subdivision (a).