2011 California Code
Education Code
TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 64100]
ARTICLE 2. Apportionments and Revenue Control
Section 42238.4


CA Educ Code § 42238.4 (through 2012 Leg Sess) What's This?

(a) For the 1995 96 fiscal year, the county superintendent of schools shall compute an equalization adjustment for each school district in the county, so that no district s base revenue limit per unit of average daily attendance is less than the prior fiscal year statewide average base revenue limit for the appropriate size and type of district listed in subdivision (b) plus the inflation adjustment specified in Section 42238.1 for the current fiscal year for the appropriate type of district.

For purposes of this section, the district base revenue limit and the statewide average base revenue limit shall not include any amounts attributable to Section 45023.4, 46200, or 46201.

(b) Subdivision (a) shall apply to the following school districts, which shall be grouped according to size and type as follows:

District

ADA

Elementary ........................

less than 101

Elementary ........................

more than 100

High School ........................

less than 301

High School ........................

more than 300

Unified ........................

less than 1,501

Unified ........................

more than 1,500

(c) The Superintendent shall compute a revenue limit equalization adjustment for each school district s base revenue limit per unit of average daily attendance as follows:

(1) Add the products of the amount computed for each school district by the county superintendent pursuant to subdivision (a) and the average daily attendance used to calculate the district s revenue limit for the current fiscal year as adjusted for the deficit factor in Section 42238.145.

(2) Divide the amount appropriated for purposes of this section for the current fiscal year by the amount computed pursuant to paragraph (1).

(3) Multiply the amount computed for the school district pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).

(d) For the purposes of this section, the 1994 95 statewide average base revenue limits determined for the purposes of subdivision (a) and the fraction computed pursuant to paragraph (2) of subdivision (c) by the Superintendent for the 1995 96 second principal apportionment shall be final, and shall not be calculated as subsequent apportionments. In no event shall the fraction computed pursuant to paragraph (2) of subdivision (c) exceed 1.00. For the purposes of determining the size of a district used in subdivision (b), the Superintendent shall use a school district s revenue limit average daily attendance for the 1994 95 fiscal year determined pursuant to Section 42238.5 and Article 4 (commencing with Section 42280).

(e) This section shall only be operative if the Director of Finance certifies that a settlement agreement in California Teachers Association v. Gould (Sacramento County Superior Court Case CV 373415) is effective. No funds shall be disbursed under this section for this purpose before August 1, 1996, and any apportionment or allocation of funds appropriated for purposes of this section shall be accounted for in the 1995 96 fiscal year.

(f) Appropriations for the 1995 96 fiscal year as a result of the implementation of this section shall be deemed General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the 1995 96 fiscal year and total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated to Article XIIIB, as defined in subdivision (e) of Section 41202, for that fiscal year, for purposes of Section 8 of Article XVI of the California Constitution.

(Amended by Stats. 2006, Ch. 538, Sec. 104. Effective January 1, 2007.)

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