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CALIFORNIA STATUTES AND CODES

SECTIONS 41860-41863

EDUCATION CODE
SECTION 41860-41863
41860. (a) Sections 41850, 41851.12, 41852, and 41853 shall apply to this article. (b) As used in this article, "average daily attendance" means the average daily attendance used to compute a school district's second principal apportionment. 41861. For any fiscal year in which funds are specifically appropriated for home-to-school transportation apportionments pursuant to this article, the Superintendent of Public Instruction shall apportion to each school district that is eligible under this article, in addition to any apportionments pursuant to Sections 41851 and 41851.11, the amount calculated pursuant to Section 41863. 41862. School districts that meet all of the following criteria are eligible to receive an apportionment pursuant to this article: (a) The number of pupils who received home-to-school transportation services in the prior fiscal year was equivalent to at least 33 percent of the total number of units of average daily attendance in the prior fiscal year. (b) The total cost per mile for the prior fiscal year for home-to-school transportation does not exceed the statewide average cost per mile, or if the total cost per mile for the prior fiscal year for home-to-school transportation exceeds the statewide average cost per mile, the school district demonstrates to the satisfaction of the Superintendent of Public Instruction that the increased cost per mile is due to either weather-related or terrain-related conditions. The Superintendent of Public Instruction shall determine that the increased cost per mile is due to weather-related or terrain-related conditions if those conditions meet any of the following criteria: (1) Snow and ice create roadway and safety problems. (2) Fifty percent or more of publicly maintained roads in the school district are considered to be curves. (3) There are changes in elevation of 2,000 feet or more on publicly maintained roads in the school district. (c) In the prior fiscal year, the amount of the school district's approved cost of home-to-school transportation per unit of average daily attendance exceeded one hundred thirty dollars ($130). 41863. (a) The Superintendent of Public Instruction shall determine for each school district meeting the standards of Section 41862 the apportionment for that school district's unreimbursed cost of home-to-school transportation in the prior fiscal year as follows: (1) Add the following amounts: (A) The home-to-school transportation allowance for the school district received pursuant to Sections 41851 and 41851.11 for the prior fiscal year. (B) The amount of funding received for the costs of transportation associated with court-ordered or voluntary desegregation programs. (2) Subtract from the sum computed pursuant to paragraph (1) all supplemental grant funding received in the prior fiscal year by the school district for home-to-school transportation or court-ordered or voluntary desegregation. (3) Subtract from the school district's prior year's approved costs of home-to-school transportation the amount computed pursuant to paragraph (2). (b) The Superintendent of Public Instruction shall calculate data for school districts within a joint powers authority as separate entities, but apportionments shall be the same as under existing law, provided that the joint powers authority submits in a timely fashion the data required by the superintendent to make the calculation. (c) In the event the funds appropriated for the purposes of this article are not sufficient to fully fund the formula established by this section, the amounts apportioned shall be reduced on a proportionate basis.

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