2009 California Education Code - Section 54020-54028 :: 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, that will allow efforts initiated
under those programs to continue and expand so long as a need exists
while previously unserved and underserved populations are provided
with adequate aid.

54021.  For the 2006-07 fiscal year, the Superintendent shall make
the following calculations for each school district:
   (a) Using the methodology specified in Section 54023, determine
the economic impact aid-eligible pupil count for each school district
for the 2005-06 fiscal year as if Section 54023 had been in effect
for that fiscal year.
   (b) Divide the school district economic impact aid calculated
funding in the 2005-06 fiscal year, excluding the minimum grant
specified in Section 54031, as it read during that fiscal year, by
the number calculated pursuant to subdivision (a).
   (c) For the purpose of calculating the economic impact aid
allocations for the 2006-07 fiscal year, the quotient calculated in
subdivision (b) shall be deemed to be the prior year economic impact
aid per pupil amount for the 2006-07 fiscal year.
   (d) For the purpose of establishing a base year economic impact
aid per pupil amount pursuant to this section, if a school district
received an allocation for the economic impact aid program in the
2005-06 fiscal year, but has no economic impact aid eligible pupils
as determined in Section 54023 for that year, the school district
shall be deemed to have a prior-year economic impact aid per pupil
amount for the 2006-07 fiscal year that is equal to the statewide
average economic impact aid per pupil amount for the 2005-06 fiscal
year calculated for the state as a whole as specified in subdivisions
(a) and (b).

54022.  For the 2006-07 fiscal year and each fiscal year thereafter,
each school district shall receive the amount of economic impact aid
determined by the Superintendent pursuant to subdivision (b) or (c),
whichever is greater, calculated for each school district according
to all of the following:
   (a) Increase the prior fiscal year economic impact aid per pupil
amount by the percentage change specified in paragraph (2) of
subdivision (b) of Section 42238.1 for the current fiscal year.
   (b) Multiply the economic impact aid per pupil amount for the
current fiscal year calculated in subdivision (a) by the economic
impact aid-eligible pupil count for the current fiscal year as
calculated in Section 54023.
   (c) A school district shall, at a minimum, receive funds based on
the number of economic impact aid-eligible pupils according to the
following schedule:
   (1) For the 2006-07 fiscal year, according to the following table:

  Number of economic impact
  aid-eligible pupils                 Amount
  0............................ None
  1-10......................... $5,500
  11 or more................... $8,300

   (2) For the 2007-08 fiscal year and each fiscal year thereafter,
the minimum amounts for the schedule in paragraph (1) for the prior
fiscal year shall be increased by the percentage change specified in
paragraph (2) of subdivision (b) of Section 42238.1.

54023.  For each fiscal year, the economic impact aid-eligible pupil
count shall be calculated for each school district as follows:
   (a) Determine the count of economically disadvantaged pupils, as
defined in Section 54026.
   (b) Determine the count of English learners, as defined in
subdivision (b) of Section 54026.
   (c) Calculate an economic impact aid weighted pupil concentration
factor:
   (1) Add the pupil counts determined in subdivisions (a) and (b).
   (2) Divide the fall CBEDS enrollment for the school district for
the prior school year by two.
   (3) Subtract from the sum calculated in paragraph (1) the quotient
calculated in paragraph (2).
   (4) If the result of the calculation in paragraph (3) is greater
than zero, multiply that difference by 0.5. If the result is less
than zero, it shall be deemed to be zero.
   (d) The economic impact aid-eligible pupil count for each school
district shall equal the sum of the pupil counts determined in
subdivisions (a) and (b), and the weighted pupil concentration factor
determined in subdivision (c).
   (e) In calculating the economic impact aid-eligible pupil count
for a new charter school in its first year of operation, the
department shall use CBEDS enrollment counts and counts of English
learners reported in the current year instead of the prior year.

54024.  The state board 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 with similar need levels, and the district demonstrates
a reasonable case that the waiver will improve pupil services in
those schools.

54025.  (a) A school district shall expend economic impact aid funds
to serve and assist English learners and economically disadvantaged
pupils and may not expend those funds at schoolsites that do not have
English learners or economically disadvantaged pupils.
   (b) A school shall use funds received pursuant to this article to
support programs and activities designed to assist English learners
achieve proficiency in the English language as rapidly as practicable
and to support programs and activities designed to improve the
academic achievement of English learners and economically
disadvantaged pupils.
   (c) Funds received by school districts pursuant to this article
shall supplement, and not supplant, existing resources at the
schoolsite.

54026.  For purposes of this article, the following definitions
apply:
   (a) "Economically disadvantaged pupils" means either of the
following, whichever is applicable:
   (1) Pupils described in Section 101 of Title I of the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)).
Counts of the pupils described in this paragraph shall be the counts
used in the current year apportionment calculations for purposes of
Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.).
   (2) (A) Notwithstanding paragraph (1), for a small school
district, the product of the number of pupils eligible for
participation in the free meals program for the prior fiscal year, as
defined in subdivision (d), and the free meals adjustment factor.
The free meals adjustment factor is the quotient, rounded to two
decimal places, resulting from dividing the statewide total of
economically disadvantaged pupils as defined in paragraph (1) by the
statewide total of pupils eligible for participation in the free
meals program for the prior fiscal year, as defined in subdivision
(d).
   (B) Notwithstanding paragraph (1) or subparagraph (A), for charter
schools that are funded through the block grant funding model
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 in the 2006-07 fiscal year, the department shall use
counts as of October 2006 of pupils 5 to 17 years of age, inclusive,
who are living with families whose annual income is at or below the
federal poverty guideline, as collected through the first principal
apportionment data collection process, as defined in Section 41601.
Commencing in the 2007-08 fiscal year, the Superintendent shall use
counts as of October of the prior year of pupils 5 to 17 years of
age, inclusive, who are living with families whose annual income is
at or below the federal poverty guideline, as collected through the
first principal apportionment data collection process, as defined in
Section 41601. For purposes of this subdivision, the department may
use in the first year of operation of a charter school that is
established on or after July 1, 2007, the current year counts of
pupils 5 to 17 years of age, inclusive, who are living with families
whose annual income is at or below the federal poverty guideline.
   (C) The Superintendent may expand upon an existing process of
collecting free or reduced price meal data in order to collect from
small districts, as defined in subdivision (c), counts of pupils
living with families whose annual income is at or below the federal
poverty guideline.
   (b) "English learner" means a pupil described in subdivision (a)
of Section 306 or identified as a pupil of limited English
proficiency, as that term is defined in subdivision (m) of Section
52163. Counts of the pupils described in this subdivision shall be
the counts reported in the prior year language census.
   (c) "Small school district" means a school district that has an
annual enrollment of less than 600 pupils based on prior school year
CBEDS data and is, for the purposes of this section, designated a
rural school by the Superintendent based on the appropriate school
locale codes, as used by the National Center for Education Statistics
of the United States Department of Education.
   (d) "Free meals" means the aggregate number of pupils meeting the
income eligibility guidelines established by the federal government
for free meals as reported for all schools for which the district is
the authorizing agency.
   (e) For purposes of subparagraph (B) of paragraph (2) of
subdivision (a), the count of economically disadvantaged pupils for a
charter school that is operated pursuant to Section 47612.1 shall be
calculated without regard to the age of the pupil. A pupil who
resides in program housing shall be considered a family of one.

54027.  If a school district reorganizes either by unification or by
consolidation with another school district of similar type, the
Superintendent shall calculate an economic impact aid per pupil
amount based on the respective per pupil amounts for each school
district participating in the reorganization, weighted by the number
of economic impact aid-eligible pupils contributed by each school
district. The Superintendent shall use the appropriate data from the
year prior to the year that the reorganization is effective for all
purposes.

54028.  Notwithstanding any other provision of law, the provisions
of this article are subject to Sections 62002.5 and 62004, and to the
portions of Section 62003 that relate to auditing the use of funds
allocated for purposes of economic impact aid.