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CALIFORNIA STATUTES AND CODES
SECTIONS 42280-42289.6
EDUCATION CODE
SECTION 42280-42289.6
42280. (a) For each school district that meets, in the current or prior fiscal year, the conditions specified in Section 42281, 42282, or 42284 the county superintendent of schools shall compute, for each qualifying school in the district, an amount pursuant to this article. (b) For each school district that is a countywide unified school district that had fewer than 2,501 units of average daily attendance in the 1990-91 fiscal year, the county superintendent of schools shall compute an amount pursuant to this article for those schools that meet the conditions specified in Sections 42283 and 42285 in the current or prior fiscal year. This subdivision is only applicable to those schools funded pursuant to this article in the 1990-91 fiscal year and, in subsequent years, if the school district has no more than 3,000 units of average daily attendance. (c) For the 1998-99 fiscal year, average daily attendance reported pursuant to Section 41601 for the 1997-98 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1996, shall be used for the purpose of determining whether school districts meet the conditions in Sections 42281, 42282, and 42284 for the prior fiscal year. 42281. (a) Except as specified in paragraph (4), for each elementary school district that maintains only one school with a second principal apportionment average daily attendance of less than 101, the county superintendent shall make one of the following computations, whichever provides the lesser amount: (1) For each small school that has an average daily attendance during the fiscal year of less than 26, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the county superintendent shall compute for the district fifty-two thousand nine hundred twenty-five dollars ($52,925). (2) For each small school that has an average daily attendance during the fiscal year of 26 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred five thousand eight hundred fifty dollars ($105,850). (3) For each small school that has an average daily attendance during the fiscal year of 51 or more but less than 76, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred fifty-eight thousand seven hundred seventy-five dollars ($158,775). (4) For each small school that has an average daily attendance during the fiscal year of 76 or more and less than 101, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district two hundred eleven thousand seven hundred dollars ($211,700). A school district that qualifies under this subdivision may use this funding calculation until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the small school funding formula. (b) For the 1998-99 fiscal year and each fiscal year thereafter, the average daily attendance figure of 101 specified in subdivision (a) and the ranges of average daily attendance specified in paragraphs (1) to (4), inclusive, shall be reduced by the statewide average rate of excused absence reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42282. For each district with fewer than 2,501 units of second principal apportionment average daily attendance, on account of each necessary small school, the county superintendent shall make the following computations: (a) For each necessary small school which has an average daily attendance during the fiscal year of less than 26, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the county superintendent shall compute for the district fifty-two thousand nine hundred twenty-five dollars ($52,925). (b) For each necessary small school which has an average daily attendance during the fiscal year of 26 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred five thousand eight hundred fifty dollars ($105,850). (c) For each necessary small school which has an average daily attendance during the fiscal year of 51 or more, but less than 76, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred fifty-eight thousand seven hundred seventy-five dollars ($158,775). (d) For each necessary small school which has an average daily attendance during the fiscal year of 76 or more and less than 101, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district two hundred eleven thousand seven hundred dollars ($211,700). (e) A school district that qualifies under this section may use this funding calculation until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the small school funding formula. (f) For the 1998-99 fiscal year and each fiscal year thereafter, the ranges of average daily attendance specified in subdivisions (a) to (d), inclusive, shall be reduced by the statewide average rate of excused absences reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42282.1. (a) Notwithstanding Section 42282, or any other provision of law, each necessary small school in the Death Valley Unified School District shall qualify for the apportionment specified in subdivision (b) of Section 42282 if that school has an average daily attendance of 21 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full-time for more than one-half of the days schools were maintained. (b) It is the intent of the Legislature not to provide a special allowance to the Death Valley Unified School District for one of its schools by future legislation if the average daily attendance at the school is 18 or less. 42283. (a) For the purposes of Section 42282, a "necessary small school" is an elementary school with an average daily attendance of less than 101, exclusive of pupils attending the seventh and eighth grades of a junior high school, maintained by a school district which maintains two or more schools and to which school any of the following conditions apply: (1) If as many as five pupils residing in the district and attending kindergarten and grades 1 to 8, inclusive, exclusive of pupils attending the seventh and eighth grades of a junior high school in the elementary school with an average daily attendance of less than 101 would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (2) If as many as 15 pupils residing in the district and attending kindergarten and grades 1 to 8, inclusive, exclusive of pupils attending the seventh and eighth grades of a junior high school in the elementary school with an average daily attendance of less than 101 would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (3) If topographical or other conditions exist in a district which would impose unusual hardships if the number of miles specified in paragraph (1) or (2) were required to be traveled, or if during the fiscal year the roads which would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the district may, on or before April 1, request the Superintendent of Public Instruction, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent of Public Instruction. The Superintendent of Public Instruction shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request. (b) For the 1998-99 fiscal year and each fiscal year thereafter, a "necessary small school," as defined in subdivision (a), shall be an elementary school with an average daily attendance of less than 101 reduced by the statewide average rate of excused absence reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, rounded to the nearest integer. 42283.1. (a) Notwithstanding any provision of this article or any other provision of law, Mt. Hamilton Elementary School and Harney Elementary School each shall be deemed a necessary small school, as defined in Section 42283. In lieu of the amount calculated for necessary small schools, and in addition to the amount per unit of average daily attendance received by the districts, as calculated pursuant to Article 2 (commencing with Section 42238), the Alum Rock Union Elementary School District shall receive in each fiscal year, commencing with the 1993-94 fiscal year, a twenty thousand dollar ($20,000) apportionment for Mt. Hamilton Elementary School and the Patterson Joint Unified School District shall receive a twenty thousand dollar ($20,000) apportionment for Harney Elementary School. (b) If either Mt. Hamilton Elementary School or Harney Elementary School exceeds 20 units of average daily attendance in any fiscal year, then that school shall no longer be entitled to receive the apportionments set forth in subdivision (a). 42283.2. (a) Notwithstanding any other provision of law, the Rand Elementary School shall be deemed a necessary small school, as defined in Section 42283. Notwithstanding any other provision of law, the Sierra Sands Unified School District is eligible to receive apportionments for the Rand Elementary School pursuant to Section 42282. (b) If the amount of average daily attendance of the Rand Elementary School exceeds 100, then that school shall no longer be entitled to receive apportionments as a necessary small school. 42284. (a) For each district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the county superintendent of schools shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount: Minimum number Average of Amount to daily certificated be attendance employees computed 1- 20........... less than 3 $42,980 per teacher 1- 20........... 3 191,340 21- 40.......... 4 234,320 41- 60.......... 5 277,300 61- 75.......... 6 320,280 76- 90.......... 7 363,260 91-105.......... 8 406,240 106-120......... 9 449,220 121-135......... 10 492,200 136-150......... 11 535,180 151-180......... 12 578,160 181-220......... 13 621,140 221-260......... 14 664,120 261-300......... 15 707,100 (b) For purposes of this section, a "certificated employee" means an equivalent full-time position of an individual holding a credential authorizing service and providing service in grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the district have been calculated shall be deemed to be a full-time position. (c) A school district that qualifies under this section may use the funding calculation as provided in this section until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the funding provided under this section. (d) For the 1998-99 fiscal year and each fiscal year thereafter, the ranges of average daily attendance specified in the table in subdivision (a) shall be reduced by the statewide average rate of excused absence reported for high school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant ranges rounded to the nearest integer. 42285. (a) For the purposes of Section 42284, a necessary small high school is a high school with an average daily attendance of less than 301 that comes within any of the following conditions: (1) The projection of its future enrollment on the basis of the enrollment of the elementary schools in the district shows that within eight years the enrollment in high school in grades 9 to 12, inclusive, will exceed 300 pupils. (2) Any one of the following combinations of distance and units of average daily attendance applies: (A) The high school had an average daily attendance of less than 100 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 15 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 20 miles or 25 percent of the pupils would be required to travel 30 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (B) The high school had an average daily attendance of 100 or more and less than 150 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 10 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 18 miles or 25 percent of the pupils would be required to travel 25 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (C) The high school had an average daily attendance of 150 or more and less than 200 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 7 1/2 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 15 miles or 25 percent of the pupils would be required to travel 20 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (D) The high school had an average daily attendance of 200 or more and less than 301 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than five miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 10 miles or 25 percent of the pupils would be required to travel 15 miles to the nearest other public high school. (3) Topographical or other conditions exist in the district which would impose unusual hardships on the pupils if the number of miles specified above were required to be traveled. In these cases, the Superintendent may, when requested, and after investigation, grant exceptions from the distance requirements. (4) The Superintendent has approved the recommendation of a county committee on school district organization designating one of two or more schools as necessary isolated schools in a situation where the schools are operated by two or more districts and the average daily attendance of each of the schools is less than 301 in grades 9 to 12, inclusive. (b) For the purposes of Section 42284, a necessary small high school also includes any of the following: (1) The only high school maintained by a unified school district. (2) A high school maintained by a school district for the exclusive purpose of educating juvenile hall pupils or pupils with exceptional needs. (3) (A) The Sea View Elementary School in the Coachella Valley Unified School District, as long as the amount of average daily attendance of that school is 286 or less. (B) The West Shores High School in the Coachella Valley Unified School District, as long as the amount of average daily attendance of that school is 286 or less. (c) For the purposes of Section 42284, a necessary small high school does not include a continuation school. (d) For each fiscal year, the high school and junior high school average daily attendance figures specified in subdivision (a) and the ranges of average daily attendance specified in paragraph (2) of subdivision (a) shall be reduced by the statewide average rate of excused absence reported for high school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42285.1. (a) For purposes of Section 42285, a necessary small high school includes the Boys Republic High School maintained by the Chino Unified School District in which the majority of the pupils are placed by court order and the enrollment of the school is less than 200 pupils. The total amount annually received by the Chino Unified School District pursuant to this section for the 1988-89 fiscal year and each fiscal year thereafter shall not exceed an amount equal to the sum of one hundred eighty thousand dollars ($180,000) plus the amount of revenue that the average daily attendance in the Boys Republic High School would have generated pursuant to Section 42238 and paragraph (1) of subdivision (a) of Section 42238.5. (b) The Chino Unified School District shall submit an annual report to the State Department of Education regarding the necessary small high school as defined in this section. The report shall include, but not be limited to, the number of pupils attending the school, the number of teachers teaching in the school, the number of days that classes were held in the school, and the type of program provided by the district. (c) It is the intent of the Legislature that the Chino Unified School District receive funding as provided by this section commencing with the 1988-89 fiscal year and continuing in subsequent fiscal years. 42285.3. Notwithstanding subdivision (b) of Section 42280 or any other provision of law, a unified school district that is the only school district in a county, that has received more than two million seven hundred thousand dollars ($2,700,000) in federal Forest Reserve funds in the 1992-93 school year and less than one million three hundred thousand dollars ($1,300,000) in federal Forest Reserve funds in the 1996-97 school year, and that has fewer than 4,501 units of average daily attendance in the 1997-98 school year or in subsequent school years shall be eligible to receive apportionments pursuant to the schedules for a "necessary small school" and a "necessary small high school," as set forth in this article, for up to the total number of schools in the district that would have met the criteria for classification as a necessary small school or a necessary small high school in the 1996-97 fiscal year, if the district had fewer than 2,501 units of average daily attendance in the 1996-97 fiscal year, except that this section does not apply in a school year in which an otherwise eligible school district receives more than two million dollars ($2,000,000) in federal Forest Reserve funds. 42285.4. Notwithstanding any other provision of law, the River Delta Unified School District is eligible to receive apportionments pursuant to the schedule and criteria for small necessary high schools set forth in Section 42284 if the school district has no more than 3,000 units of average daily attendance. 42286. (a) Except as required under subdivision (b), if a high school is determined to be a necessary small high school under Section 42285, that status shall not be changed except as a review of the determinative factors made every five years following the date of the determination indicates that the determination should be changed. (b) If a high school is determined to be a necessary small high school under paragraph (3) of subdivision (b) of Section 42285, that status shall not be changed except as a review of the determinative factors made every two years following the date of the determination indicates that the determination should be changed. (c) Any high school that has not been determined to be a necessary small high school under Section 42285, may be determined to be a necessary small high school at the beginning of any fiscal year if it meets the criteria specified in Section 42285. 42287. For the 1984-85 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year. 42289. Notwithstanding any other provision of law, for each fiscal year, prior to calculating the increase in funding amount specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the product of subdivisions (a) and (b): (a) The amount per unit of average daily attendance received by the district pursuant to Section 46201 in the prior fiscal year. (b) The average daily attendance for each necessary small school and necessary small high school for which the district received funding in the prior fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. 42289.1. (a) Notwithstanding any other provision of law, for the 1988-89 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (g) of Section 42240. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.2. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.5. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.3. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.6. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.4. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (b) of Section 54060.7. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.5. Notwithstanding any other provision of law, the increases determined pursuant to Sections 42289, 42289.1, 42289.3, and 42289.4 shall be permanently increased for the 1998-99 fiscal year by the quotient, for each district eligible for an increase, of the amount determined pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8 divided by the amount determined pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8. 42289.6. (a) It is the intent of the Legislature that the Quality Education Commission review the eligibility provisions for the establishment of necessary small schools as specified in Sections 42280, 42282, 42283, 42284, and 42285, including the following: (1) The appropriate size for a necessary small elementary school, a necessary small middle school, and a necessary small high school. (2) Whether mileage and other eligibility requirements are appropriate or need to be modified. (b) It is further the intent of the Legislature that by January 1, 2006, the Quality Education Commission recommend to the Legislature modifications regarding the size, eligibility requirements, and funding of necessary small schools.
SECTION 42280-42289.6
42280. (a) For each school district that meets, in the current or prior fiscal year, the conditions specified in Section 42281, 42282, or 42284 the county superintendent of schools shall compute, for each qualifying school in the district, an amount pursuant to this article. (b) For each school district that is a countywide unified school district that had fewer than 2,501 units of average daily attendance in the 1990-91 fiscal year, the county superintendent of schools shall compute an amount pursuant to this article for those schools that meet the conditions specified in Sections 42283 and 42285 in the current or prior fiscal year. This subdivision is only applicable to those schools funded pursuant to this article in the 1990-91 fiscal year and, in subsequent years, if the school district has no more than 3,000 units of average daily attendance. (c) For the 1998-99 fiscal year, average daily attendance reported pursuant to Section 41601 for the 1997-98 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1996, shall be used for the purpose of determining whether school districts meet the conditions in Sections 42281, 42282, and 42284 for the prior fiscal year. 42281. (a) Except as specified in paragraph (4), for each elementary school district that maintains only one school with a second principal apportionment average daily attendance of less than 101, the county superintendent shall make one of the following computations, whichever provides the lesser amount: (1) For each small school that has an average daily attendance during the fiscal year of less than 26, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the county superintendent shall compute for the district fifty-two thousand nine hundred twenty-five dollars ($52,925). (2) For each small school that has an average daily attendance during the fiscal year of 26 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred five thousand eight hundred fifty dollars ($105,850). (3) For each small school that has an average daily attendance during the fiscal year of 51 or more but less than 76, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred fifty-eight thousand seven hundred seventy-five dollars ($158,775). (4) For each small school that has an average daily attendance during the fiscal year of 76 or more and less than 101, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district two hundred eleven thousand seven hundred dollars ($211,700). A school district that qualifies under this subdivision may use this funding calculation until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the small school funding formula. (b) For the 1998-99 fiscal year and each fiscal year thereafter, the average daily attendance figure of 101 specified in subdivision (a) and the ranges of average daily attendance specified in paragraphs (1) to (4), inclusive, shall be reduced by the statewide average rate of excused absence reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42282. For each district with fewer than 2,501 units of second principal apportionment average daily attendance, on account of each necessary small school, the county superintendent shall make the following computations: (a) For each necessary small school which has an average daily attendance during the fiscal year of less than 26, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the county superintendent shall compute for the district fifty-two thousand nine hundred twenty-five dollars ($52,925). (b) For each necessary small school which has an average daily attendance during the fiscal year of 26 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred five thousand eight hundred fifty dollars ($105,850). (c) For each necessary small school which has an average daily attendance during the fiscal year of 51 or more, but less than 76, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district one hundred fifty-eight thousand seven hundred seventy-five dollars ($158,775). (d) For each necessary small school which has an average daily attendance during the fiscal year of 76 or more and less than 101, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the county superintendent shall compute for the district two hundred eleven thousand seven hundred dollars ($211,700). (e) A school district that qualifies under this section may use this funding calculation until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the small school funding formula. (f) For the 1998-99 fiscal year and each fiscal year thereafter, the ranges of average daily attendance specified in subdivisions (a) to (d), inclusive, shall be reduced by the statewide average rate of excused absences reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42282.1. (a) Notwithstanding Section 42282, or any other provision of law, each necessary small school in the Death Valley Unified School District shall qualify for the apportionment specified in subdivision (b) of Section 42282 if that school has an average daily attendance of 21 or more and less than 51, exclusive of pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full-time for more than one-half of the days schools were maintained. (b) It is the intent of the Legislature not to provide a special allowance to the Death Valley Unified School District for one of its schools by future legislation if the average daily attendance at the school is 18 or less. 42283. (a) For the purposes of Section 42282, a "necessary small school" is an elementary school with an average daily attendance of less than 101, exclusive of pupils attending the seventh and eighth grades of a junior high school, maintained by a school district which maintains two or more schools and to which school any of the following conditions apply: (1) If as many as five pupils residing in the district and attending kindergarten and grades 1 to 8, inclusive, exclusive of pupils attending the seventh and eighth grades of a junior high school in the elementary school with an average daily attendance of less than 101 would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (2) If as many as 15 pupils residing in the district and attending kindergarten and grades 1 to 8, inclusive, exclusive of pupils attending the seventh and eighth grades of a junior high school in the elementary school with an average daily attendance of less than 101 would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (3) If topographical or other conditions exist in a district which would impose unusual hardships if the number of miles specified in paragraph (1) or (2) were required to be traveled, or if during the fiscal year the roads which would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the district may, on or before April 1, request the Superintendent of Public Instruction, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent of Public Instruction. The Superintendent of Public Instruction shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request. (b) For the 1998-99 fiscal year and each fiscal year thereafter, a "necessary small school," as defined in subdivision (a), shall be an elementary school with an average daily attendance of less than 101 reduced by the statewide average rate of excused absence reported for elementary school districts for the 1996-97 fiscal year pursuant to Section 42238.7, rounded to the nearest integer. 42283.1. (a) Notwithstanding any provision of this article or any other provision of law, Mt. Hamilton Elementary School and Harney Elementary School each shall be deemed a necessary small school, as defined in Section 42283. In lieu of the amount calculated for necessary small schools, and in addition to the amount per unit of average daily attendance received by the districts, as calculated pursuant to Article 2 (commencing with Section 42238), the Alum Rock Union Elementary School District shall receive in each fiscal year, commencing with the 1993-94 fiscal year, a twenty thousand dollar ($20,000) apportionment for Mt. Hamilton Elementary School and the Patterson Joint Unified School District shall receive a twenty thousand dollar ($20,000) apportionment for Harney Elementary School. (b) If either Mt. Hamilton Elementary School or Harney Elementary School exceeds 20 units of average daily attendance in any fiscal year, then that school shall no longer be entitled to receive the apportionments set forth in subdivision (a). 42283.2. (a) Notwithstanding any other provision of law, the Rand Elementary School shall be deemed a necessary small school, as defined in Section 42283. Notwithstanding any other provision of law, the Sierra Sands Unified School District is eligible to receive apportionments for the Rand Elementary School pursuant to Section 42282. (b) If the amount of average daily attendance of the Rand Elementary School exceeds 100, then that school shall no longer be entitled to receive apportionments as a necessary small school. 42284. (a) For each district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the county superintendent of schools shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount: Minimum number Average of Amount to daily certificated be attendance employees computed 1- 20........... less than 3 $42,980 per teacher 1- 20........... 3 191,340 21- 40.......... 4 234,320 41- 60.......... 5 277,300 61- 75.......... 6 320,280 76- 90.......... 7 363,260 91-105.......... 8 406,240 106-120......... 9 449,220 121-135......... 10 492,200 136-150......... 11 535,180 151-180......... 12 578,160 181-220......... 13 621,140 221-260......... 14 664,120 261-300......... 15 707,100 (b) For purposes of this section, a "certificated employee" means an equivalent full-time position of an individual holding a credential authorizing service and providing service in grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the district have been calculated shall be deemed to be a full-time position. (c) A school district that qualifies under this section may use the funding calculation as provided in this section until the revenue limit per unit of average daily attendance multiplied by the average daily attendance produces state aid equal to the funding provided under this section. (d) For the 1998-99 fiscal year and each fiscal year thereafter, the ranges of average daily attendance specified in the table in subdivision (a) shall be reduced by the statewide average rate of excused absence reported for high school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant ranges rounded to the nearest integer. 42285. (a) For the purposes of Section 42284, a necessary small high school is a high school with an average daily attendance of less than 301 that comes within any of the following conditions: (1) The projection of its future enrollment on the basis of the enrollment of the elementary schools in the district shows that within eight years the enrollment in high school in grades 9 to 12, inclusive, will exceed 300 pupils. (2) Any one of the following combinations of distance and units of average daily attendance applies: (A) The high school had an average daily attendance of less than 100 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 15 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 20 miles or 25 percent of the pupils would be required to travel 30 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (B) The high school had an average daily attendance of 100 or more and less than 150 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 10 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 18 miles or 25 percent of the pupils would be required to travel 25 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (C) The high school had an average daily attendance of 150 or more and less than 200 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 7 1/2 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 15 miles or 25 percent of the pupils would be required to travel 20 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (D) The high school had an average daily attendance of 200 or more and less than 301 in grades 9 to 12, inclusive, during the preceding fiscal year and is more than five miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 10 miles or 25 percent of the pupils would be required to travel 15 miles to the nearest other public high school. (3) Topographical or other conditions exist in the district which would impose unusual hardships on the pupils if the number of miles specified above were required to be traveled. In these cases, the Superintendent may, when requested, and after investigation, grant exceptions from the distance requirements. (4) The Superintendent has approved the recommendation of a county committee on school district organization designating one of two or more schools as necessary isolated schools in a situation where the schools are operated by two or more districts and the average daily attendance of each of the schools is less than 301 in grades 9 to 12, inclusive. (b) For the purposes of Section 42284, a necessary small high school also includes any of the following: (1) The only high school maintained by a unified school district. (2) A high school maintained by a school district for the exclusive purpose of educating juvenile hall pupils or pupils with exceptional needs. (3) (A) The Sea View Elementary School in the Coachella Valley Unified School District, as long as the amount of average daily attendance of that school is 286 or less. (B) The West Shores High School in the Coachella Valley Unified School District, as long as the amount of average daily attendance of that school is 286 or less. (c) For the purposes of Section 42284, a necessary small high school does not include a continuation school. (d) For each fiscal year, the high school and junior high school average daily attendance figures specified in subdivision (a) and the ranges of average daily attendance specified in paragraph (2) of subdivision (a) shall be reduced by the statewide average rate of excused absence reported for high school districts for the 1996-97 fiscal year pursuant to Section 42238.7, with the resultant figures and ranges rounded to the nearest integer. 42285.1. (a) For purposes of Section 42285, a necessary small high school includes the Boys Republic High School maintained by the Chino Unified School District in which the majority of the pupils are placed by court order and the enrollment of the school is less than 200 pupils. The total amount annually received by the Chino Unified School District pursuant to this section for the 1988-89 fiscal year and each fiscal year thereafter shall not exceed an amount equal to the sum of one hundred eighty thousand dollars ($180,000) plus the amount of revenue that the average daily attendance in the Boys Republic High School would have generated pursuant to Section 42238 and paragraph (1) of subdivision (a) of Section 42238.5. (b) The Chino Unified School District shall submit an annual report to the State Department of Education regarding the necessary small high school as defined in this section. The report shall include, but not be limited to, the number of pupils attending the school, the number of teachers teaching in the school, the number of days that classes were held in the school, and the type of program provided by the district. (c) It is the intent of the Legislature that the Chino Unified School District receive funding as provided by this section commencing with the 1988-89 fiscal year and continuing in subsequent fiscal years. 42285.3. Notwithstanding subdivision (b) of Section 42280 or any other provision of law, a unified school district that is the only school district in a county, that has received more than two million seven hundred thousand dollars ($2,700,000) in federal Forest Reserve funds in the 1992-93 school year and less than one million three hundred thousand dollars ($1,300,000) in federal Forest Reserve funds in the 1996-97 school year, and that has fewer than 4,501 units of average daily attendance in the 1997-98 school year or in subsequent school years shall be eligible to receive apportionments pursuant to the schedules for a "necessary small school" and a "necessary small high school," as set forth in this article, for up to the total number of schools in the district that would have met the criteria for classification as a necessary small school or a necessary small high school in the 1996-97 fiscal year, if the district had fewer than 2,501 units of average daily attendance in the 1996-97 fiscal year, except that this section does not apply in a school year in which an otherwise eligible school district receives more than two million dollars ($2,000,000) in federal Forest Reserve funds. 42285.4. Notwithstanding any other provision of law, the River Delta Unified School District is eligible to receive apportionments pursuant to the schedule and criteria for small necessary high schools set forth in Section 42284 if the school district has no more than 3,000 units of average daily attendance. 42286. (a) Except as required under subdivision (b), if a high school is determined to be a necessary small high school under Section 42285, that status shall not be changed except as a review of the determinative factors made every five years following the date of the determination indicates that the determination should be changed. (b) If a high school is determined to be a necessary small high school under paragraph (3) of subdivision (b) of Section 42285, that status shall not be changed except as a review of the determinative factors made every two years following the date of the determination indicates that the determination should be changed. (c) Any high school that has not been determined to be a necessary small high school under Section 42285, may be determined to be a necessary small high school at the beginning of any fiscal year if it meets the criteria specified in Section 42285. 42287. For the 1984-85 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year. 42289. Notwithstanding any other provision of law, for each fiscal year, prior to calculating the increase in funding amount specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the product of subdivisions (a) and (b): (a) The amount per unit of average daily attendance received by the district pursuant to Section 46201 in the prior fiscal year. (b) The average daily attendance for each necessary small school and necessary small high school for which the district received funding in the prior fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. 42289.1. (a) Notwithstanding any other provision of law, for the 1988-89 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (g) of Section 42240. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.2. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.5. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.3. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.6. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.4. (a) Notwithstanding any other provision of law, for the 1989-90 fiscal year and each fiscal year thereafter, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (b) of Section 54060.7. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) Commencing in the 1990-91 fiscal year and each fiscal year thereafter, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. 42289.5. Notwithstanding any other provision of law, the increases determined pursuant to Sections 42289, 42289.1, 42289.3, and 42289.4 shall be permanently increased for the 1998-99 fiscal year by the quotient, for each district eligible for an increase, of the amount determined pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8 divided by the amount determined pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8. 42289.6. (a) It is the intent of the Legislature that the Quality Education Commission review the eligibility provisions for the establishment of necessary small schools as specified in Sections 42280, 42282, 42283, 42284, and 42285, including the following: (1) The appropriate size for a necessary small elementary school, a necessary small middle school, and a necessary small high school. (2) Whether mileage and other eligibility requirements are appropriate or need to be modified. (b) It is further the intent of the Legislature that by January 1, 2006, the Quality Education Commission recommend to the Legislature modifications regarding the size, eligibility requirements, and funding of necessary small schools.
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