20250SB__095998AMD INTRODUCED 2026-02-03 AMENDED_SENATE 2026-03-09 2025 SB AMD Introduced by Senator Grayson (Coauthors: Senators Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cortese, Gonzalez, McNerney, Menjivar, Reyes, Wahab, and Weber Pierson) (Coauthor: Assembly Member Wicks)</caml:AuthorText>"?> (Coauthors: Assembly Members Schultz and Wicks) LEAD_AUTHOR SENATE Grayson COAUTHOR SENATE Allen COAUTHOR SENATE Archuleta COAUTHOR SENATE Arreguín COAUTHOR SENATE Ashby COAUTHOR SENATE Blakespear COAUTHOR SENATE Cabaldon COAUTHOR SENATE Caballero COAUTHOR SENATE Cortese COAUTHOR SENATE Gonzalez COAUTHOR SENATE McNerney COAUTHOR SENATE Menjivar COAUTHOR SENATE Reyes COAUTHOR SENATE Wahab COAUTHOR SENATE Weber Pierson <caml:Contribution>COAUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Wicks</caml:Name></caml:Legislator>"?> COAUTHOR ASSEMBLY Schultz COAUTHOR ASSEMBLY Wicks

An act to amend

Section of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately. education finance, and declaring the urgency thereof, to take effect immediately Average daily attendance: emergencies: major safety hazard.

For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, including, among others, the imminence of a major safety hazard as determined by a local law enforcement agency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.

This bill, for the above-described purposes, would additionally allow a local fire agency to make a determination of the imminence of a major safety hazard. This bill would declare that it is to take effect immediately as an urgency statute. TWO_THIRDS NO YES NO YES YES NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Education Code is amended to read: 46392. (

a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:

(1) Fire.

(2) Flood.

(3) Impassable roads.

(4) Epidemic.

(5) Earthquake.

(6) The imminence of a major safety hazard as determined by the local law enforcement or fire agency.

(7) A strike involving transportation services to pupils provided by a nonschool entity.

(8) An order provided for in

Section 41422.

(9) Snowstorm. (b)

(1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.

(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.

(3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency. (c)

(1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued. (2) (

A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in

Section 56026, whose individualized education program developed pursuant to

Article 3 (commencing with

Section 56340) of

Chapter of Part does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to

Article 3 (commencing with

Section 48660) of

Chapter of

Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this

section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (

B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this

section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (

i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (

d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply: (1) (

A) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to

Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district. (

B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to percent of the difference calculated in subparagraph (

A) to the school district. (

C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (

A) to the school district. (2) (

A) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school. (

B) In the 2021–22 fiscal year, for charter schools that operate a minimum of school days and report at least percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in

Section 41601, the Superintendent shall allocate percent of the difference calculated in subparagraph (

A) to the charter school.

(3) For a county office of education funded pursuant to paragraph (1) of subdivision (

g) of

Section that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to

Section in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.

(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to

Section 2576.

(5) In each fiscal year, the allocations made pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to percent no sooner than the first principal apportionment. (6) (

A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes. (

B) For purposes of making the computations required by

Section of

Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (

c) of

Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to

Article XIII B,” as defined in subdivision (

e) of

Section 41202. (

e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:

(1) For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to

Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (

j) of

Section 42238.02, and any additional funds received pursuant to subdivision (

e) of

Section 42238.03 in excess of the entitlement calculated pursuant to

Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.

(2) For the 2021–22 fiscal year, for charter schools that operate a minimum of school days and report at least percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in

Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to

Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.

(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.

(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.

(5) Allocations made pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to percent no sooner than the first principal apportionment. (

f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to

Article 4 (commencing with

Section 42280) of

Chapter of Part of Division was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:

(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years.

(2) The school shall be considered a necessary small school for the purpose of

Section in the 2022–23 and 2023–24 fiscal years. (g)

(1) Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (

C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025: (

A) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (

B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (

C) Alma Fuerte Public in the City of Pasadena.

(2) For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of school days, as described in

Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to

Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.

(3) Allocations made pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment. (

h) This

section applies to any average daily attendance that occurs during any part of a school year.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of

Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: Due to the eminent danger of wildfires throughout the state and the need to address the safety of pupils on campuses in high wildfire danger areas, it is necessary for this act to take effect immediately.