SECTIONS 41300-41311 - California Statutes

EDUCATION CODE

SECTION 41300-41311

41300. Commencing with July 1, 1980, the amount transferred to
Section A of the State School Fund pursuant to subdivision (a) of
Section 14002 shall be expended for basic aid, equalization aid,
allowances for adults, and allowances to the county school tuition
funds to be apportioned on account of average daily attendance.

41300.1. Instructional Improvement and Accountability.
The amount transferred to Section A of the State School Fund
pursuant to Section 8.5 of Article XVI of the State Constitution
shall to the maximum extent feasible be expended or encumbered during
the fiscal year received and solely for the purpose of instructional
improvement and accountability.
(a) For the purpose of this section, "instructional improvement
and accountability" shall mean expenditures for instructional
activities for school sites which directly benefit the instruction of
students, and shall be limited to expenditures for the following:
(1) Lower pupil-teacher ratios until a ratio is attained of not
more than 20 students per teacher providing direct instruction in any
class, and until a goal is attained of total teacher loads of less
than 100 total students per teacher in all secondary school classes
in academic subjects as defined by the Superintendent of Public
Instruction.
(2) Instructional supplies, instructional equipment, instructional
materials and support services necessary to improve school
conditions.
(3) Direct student services needed to ensure that each student
makes academic progress necessary to be promoted to the next
appropriate grade level.
(4) Staff development which improves services to students or
increases the quality and effectiveness of instructional staff,
designed and implemented by classroom teachers and other
participating school district personnel, including the school
principal, with the aid of outside personnel as necessary. Classroom
teachers shall comprise the majority of any group designated to
design such staff development programs for instructional personnel.
(5) Compensation of teachers.
(b) Funds transferred to each school district, pursuant to this
section shall be deposited in a separate account and shall be
maintained and appropriated separately from funds from all other
sources. Funds appropriated pursuant to this section shall supplement
other resources of each school district and shall not supplant any
other funds.

41301. The amount transferred to Section A of the State School Fund
pursuant to Section 14002 and Section 14004 shall be expended in
accordance with the following schedule:
(a) Twenty-six dollars and ninety-five cents ($26.95) multiplied
by the total average daily attendance credited during the preceding
school year to elementary school districts which during the preceding
school year had less than 901 units of average daily attendance, to
high school districts which during the preceding school year had less
than 301 units of average daily attendance, and to unified districts
which during the preceding school year had less than 1,501 units of
average daily attendance, but not to exceed an amount equal to
ninety-nine cents ($0.99) multiplied by the average daily attendance
credited during the preceding fiscal year to all elementary, high,
and unified school districts and to all county superintendents of
schools in the state, for allowance to county school service funds
pursuant to subdivision (a) of Section 14054.
Commencing with the 1980-81 fiscal year, the amounts in this
subdivision shall be increased annually by the same percentage
prescribed by Section 14002.5.
(b) Fourteen dollars and thirty-five cents ($14.35) multiplied by
the total average daily attendance credited to all elementary, high,
and unified school districts and to all county superintendents of
schools in the state, during the preceding school year for the
purposes of Article 10 (commencing with Section 41850) of Chapter 5
of this part.
(c) Thirty-eight dollars and thirty cents ($38.30) multiplied by
the total average daily attendance credited to all elementary, high,
and unified school districts and to all county superintendents of
schools in the state, during the preceding school year, for the
purposes of Article 3 (commencing with Section 56030) of Chapter 1,
Chapter 3 (commencing with Section 56500), Chapter 5 (commencing with
Section 56700) of Part 30 of Division 4 of this title, and Sections
41863, 41866, 41892, and 41897.
(d) Four dollars and fifty cents ($4.50) multiplied by the total
average daily attendance credited to all elementary, high, and
unified school districts and to all county superintendents of schools
in the state during the preceding school year for allowances to
county school service funds pursuant to subdivision (b) of Section
14054.
Commencing with the 1980-81 fiscal year, the amount in this
subdivision shall be increased by the same percentage allowed in
Section 14002.5.
(e) Three dollars and sixty-nine cents ($3.69) multiplied by the
average daily attendance during the preceding fiscal year credited to
all elementary, high, and unified school districts and to all county
superintendents of schools in the state for allowances to school
districts for the purposes of Section 52205. The amount in this
subdivision shall be annually increased by the percentage specified
in subdivision (e) of Section 14002.
(f) One thousand three hundred sixty-four dollars and seventy-one
cents ($1,364.71) multiplied by the average daily attendance during
the preceding fiscal year credited to all elementary, high, and
unified school districts and to all county superintendents of schools
in the state during the preceding school year for basic aid,
equalization aid, allowances for adults, and allowances to the county
school tuition funds to be apportioned on account of average daily
attendance. The amount expended pursuant to this subdivision shall be
annually revised to reflect the adjustment prescribed by subdivision
(e) of Section 14002.
(g) Twenty dollars and seventy cents ($20.70) multiplied by the
average daily attendance during the preceding school year credited to
all elementary, high, and unified school districts and to all county
superintendents of schools in the state for purposes of Chapter 4
(commencing with Section 56600) of Part 30 of Division 4 of this
title.
(h) Ninety cents ($0.90) multiplied by the average daily
attendance during the preceding fiscal year credited to all
elementary, high, and unified school districts and to all county
superintendents of schools in the state for purposes of Article 8
(commencing with Section 8150) of Chapter 1 of Part 6.

41301.5. The amount transferred to Section A of the State School
Fund by Section 14007 shall be expended pursuant to Sections 59030.5,
59124.5, and 59223.

41302.5. For the purposes of Section 8 and Section 8.5 of Article
XVI of the California Constitution, "school districts" shall include
county boards of education, county superintendents of schools, and
direct elementary and secondary level instructional services provided
by the state, including the Diagnostic Schools for Neurologically
Handicapped Children as established pursuant to Article 1 (commencing
with Section 59200) of Chapter 3 of Part 32.

41303. The Superintendent of Public Instruction shall report to the
Controller, on or before the 20th day of October of each year, the
total average daily attendance during the preceding fiscal year
credited to all kindergarten, elementary, high school, and adult
schools in the state and to county school tuition funds.

41304. (a) There is appropriated annually from the Driver Training
Penalty Assessment Fund to the General Fund in the State Treasury and
from the General Fund to the California Energy Extension Service of
the Office of Planning and Research a sum as necessary to establish
and maintain a unit for driver instruction within the State
Department of Education as set forth in Section 41904.
(b) In addition, subject to Section 41305, there shall be
appropriated from the Driver Training Penalty Assessment Fund to the
General Fund, then to the State School Fund each fiscal year, the sum
the Superintendent of Public Instruction certifies as necessary to
reimburse on a quarterly basis for each current fiscal year school
districts, county superintendents of schools, the Department of the
Youth Authority, and the State Department of Education for the actual
cost of instructing pupils in the operation of motor vehicles.
The amount shall not exceed ninety-seven dollars ($97) per pupil
instructed in the laboratory phase of driver education in accordance
with the rules and regulations of the State Board of Education.
(c) Subject to Section 41305, there shall also be appropriated
from the Driver Training Penalty Assessment Fund the sum the
Superintendent of Public Instruction shall certify as necessary to
reimburse on a quarterly basis for each current fiscal year school
districts, county superintendents of schools, the Department of the
Youth Authority, and the State Department of Education for the actual
cost of replacing vehicles and simulators used exclusively in the
laboratory phase of driver education programs, but the amount shall
not exceed three-fourths of that part of the actual cost of
instructing pupils in the laboratory phase of driver education which
is: (1) in excess of ninety-seven dollars ($97) per pupil instructed,
and (2) expended by the district, the county superintendent of
schools, the Department of the Youth Authority, and the State
Department of Education in replacing the vehicles and simulators.
Reimbursement for vehicles shall be computed for only that portion of
the total mileage used exclusively in the laboratory phase of driver
education programs.
(d) In addition, subject to Section 41305, there shall be provided
from the Petroleum Violation Escrow Account to the General Fund,
then to the State School Fund each fiscal year the sum the
Superintendent of Public Instruction certifies as necessary to
reimburse on a quarterly basis for each current fiscal year school
districts, county superintendents of schools, the Department of the
Youth Authority, and the State Department of Education for the costs
of fitting automobile driver training vehicles with the
instrumentation required under Section 51854 and to reimburse on a
quarterly basis for each current fiscal year school districts for the
costs of transferring instrumentation providing instructional
information on fuel consumption and vehicle fuel efficiency from one
automobile driver training vehicle to another under Section 51854.
(e) In addition, subject to Section 41305, there shall be
appropriated from the Petroleum Violation Escrow Account to the
Driver Training Penalty Assessment Fund and from the Driver Training
Penalty Assessment Fund to the General Fund, then to the
Superintendent of Public Instruction each fiscal year the sum the
Superintendent of Public Instruction certifies as necessary to
reimburse on a quarterly basis for each current fiscal year the State
Department of Education for the costs of workshops conducted by the
department under Section 51854.
(f) For purposes of computing reimbursement, whenever a school
district, a county superintendent of schools, the Department of the
Youth Authority, or the State Department of Education replaces a
driver training vehicle or simulator purchased by the district with a
vehicle or simulator that is a gift or loan, the purchase price of
the new or acquired equipment shall be deemed to be the market value
of the vehicle or simulator acquired through a gift or loan.
A simulator is any device approved by the State Department of
Education to be used in classrooms for purposes of laboratory
instruction under simulated driving conditions.

41305. The amounts provided under Section 41304 for any fiscal year
shall be limited to the amounts appropriated in the annual Budget
Act for the purposes of that section, and shall not exceed an amount
equal to the sum of the moneys credited to the Driver Training
Penalty Assessment Fund in the State Treasury during the preceding
fiscal year and the amount by which the deposits in the Driver
Training Penalty Assessment Fund on or after September 15, 1961, have
exceeded the amounts required to reimburse the General Fund on
account of transfers made after that date.

41306. The Superintendent of Public Instruction shall also allow as
otherwise provided in Section 41304 for the driver training
instruction necessary to be safely tested for a driver's license at
the Department of Motor Vehicles, those physically handicapped
pupils, mentally retarded pupils who come within the provisions of
former Section 56501 as amended by Chapter 1247 of the Statutes of
1977, and educationally handicapped pupils who are in attendance in a
public secondary school in California that offers qualified
instruction, and who may qualify for a driver's license, or other
license, issued by the California Department of Motor Vehicles, a
total allowance not to exceed two hundred ninety dollars ($290)
including the reimbursement provisions set forth in Section 41900 to
each school district and county superintendent of schools. All driver
training for pupils herein described shall be provided by qualified
teachers, as defined by Sections 41906 and 41907. The provisions of
this section may not be applied if reimbursement allowable under
Sections 41900 to 41912, inclusive, is sufficient to meet the total
cost of instruction as herein described.
It is the intent of the Legislature that driver training
instruction be provided pupils as a part of the high school
curriculum, and the Legislature finds and declares that exceptional
children are entitled to the benefit of that instruction so far as
their individual capabilities permit, understanding that those pupils
herein described often require individualized and amplified driver
training instruction in order to succeed in becoming safe operators
of motor vehicles. Since without a means of self-transportation much
of the overall program of education and rehabilitation provided for
by the Legislature would be of little avail to the person without the
mobility required to become a productive and well-adjusted member of
society, the Legislature further declares that it is incumbent upon
the state to share in the cost of providing a most needed and
desirable program of driver training instruction for these
exceptional children.

41307. In addition there shall be provided such amount as the
Superintendent of Public Instruction shall certify as necessary to
provide the allowances to school districts during each fiscal year
under the provisions of Sections 41932 to 41936, inclusive. Such
amount is hereby appropriated from the Investment Fund in the State
Treasury and shall be transferred therefrom to the State School Fund
by the State Controller each fiscal year.

41308. Each pregnant pupil enrolled in any program for physically
handicapped pupils maintained by a county superintendent of schools,
whose only condition for being enrolled in such a program is her
pregnancy, shall be allowed to enroll in automobile driver training
provided by the school district of residence; however, the school
district shall receive, for the driver training instruction of the
pupil, only the driver training allowances authorized by Section
41900 and shall not receive, for the driver training instruction of
the pupil, driver training allowances authorized by Section 41306.

41311. It is the intent of the Legislature that the Child Nutrition
Program shall provide permanent financial assistance to eligible
school districts, county superintendents of schools, local agencies,
private schools, parochial schools, and child development programs,
for implementing the school meal program. That financial assistance
shall be used to reimburse the cafeteria account of school districts,
county superintendents of schools, local agencies, private schools,
parochial schools, and child development programs, based upon the
number of qualifying meals served to students.