Education finance.

(1) Pursuant to existing law, the amount of General Fund revenues appropriated for school districts and community college districts is a component of calculations required for purposes of the provisions of the California Constitution requiring minimum funding for the public schools. Existing law states that specified sales and use tax revenues transferred pursuant to certain provisions of the Revenue and Taxation Code are not General Fund revenues for these purposes. This bill would make a technical change in this provision to correct a cross-reference. (2) Existing law establishes an education funding system under which the Superintendent of Public Instruction apportions to each qualifying school district state aid funds in an amount not to exceed its revenue limit, an amount that is largely based on the district's average daily attendance, which is computed as specified. Existing law authorizes specified school districts to calculate their revenue limits in a different manner if the school district includes a necessary small high school, which is defined as a high school with an average daily attendance of less than 301 that meets prescribed conditions. This bill would, for the purpose of calculating apportionments for school districts with necessary small high schools, authorize a school district to include average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and number of certificated employees employed in the 2011–12 fiscal year if the school district included average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and certificated employees employed in the 2010–11 fiscal year. (3) Existing law requires the governing board of each community college district to charge each student a fee, and sets that fee at $36 per unit per semester, effective with the fall term of 2011–12 academic year. Existing law repeals these provisions January 1, 2012, as specified. This bill instead would repeal these provisions May 1, 2011, as specified. (4) Existing law requires the governing board of each community college district to charge each student a fee, and sets that fee at $36 per unit per semester. Existing law requires this fee to be raised to $46 per unit per semester, effective with the winter term of the 2011–12 academic year, if the Director of Finance reduces specified appropriations as described above. Existing law makes these provisions operative January 1, 2012, as specified. This bill would specify that the raising of this fee to $46 per unit per semester would occur effective with the summer term of the 2012 calendar year. The bill would provide a statement of legislative intent relating to this delay in the fee increase. This bill instead would make these provisions operative May 1, 2011, as specified. (5) Existing law requires the Board of Governors of the California Community Colleges to adopt regulations for the payment of apportionments to community college districts. Existing law, notwithstanding the authority of the board of governors in this respect, makes various adjustments to the payment of these apportionments. This bill would specify that these adjustments would be operative commencing with the 2011–12 fiscal year. The bill would also specify certain apportionments that would be delayed from the months of January to June, inclusive, 2011, until July 2011. The bill would appropriate $832,000,000 from the General Fund to the Board of Governors of the California Community Colleges for apportionment to community college districts, for expenditure during the 2011–12 fiscal year, to be expended in accordance with a specified item of the Budget Act of 2010. (6) An existing item of the Budget Act of 2011 reappropriates 19 balances from various General Fund budget items to the State Department of Education for specified purposes. This bill would amend this item to delete one of these balances and to add 12 more of these balances, thereby making an appropriation. (7) The funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (8) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.