Education.

(1) Existing law provides a process for the reorganization of school districts and includes lapsation within the actions to reorganize. A lapse is defined as an action to dissolve a school district and annex the entire territory of that district to one or more adjoining school districts. Existing law makes an action to lapse a school district subject to specified general statutory provisions regarding the reorganization of school districts. This bill would make an action to lapse a school district also subject to other provisions regarding plans and recommendations of a county committee on school district organization. (2) Existing law provides for emergency apportionments to be made school districts that have become insolvent, and requires various actions to be taken by the school district and the Superintendent of Public Instruction to receive these apportionments, including the appointment of a trustee, the appointment of an administrator, and the approval of recovery plans. Existing law authorizes the Superintendent to reassume all the legal rights, duties, and powers of the governing board of the school district if the school district violates a provision of the recovery plans within 5 years after the trustee is removed. This bill would authorize the Superintendent to reassume those rights, duties, and powers during the period of the trustee's appointment and when specified improvement plans are violated. (3) Existing law requires the Superintendent and the Director of Finance, jointly, to establish a plan for repayment of school funds that a local educational agency received on the basis of average daily attendance that did not comply with statutory or regulatory requirements that were conditions of apportionments, as determined by an audit or review. Existing law also requires the Superintendent and the Director of Finance, jointly, to establish a plan for repayment of a penalty arising from an audit exception. Existing law authorizes a local educational agency to appeal a finding of a final audit report. This bill would specify, for purposes of the above-described provisions, that a charter school is a local educational agency. (4) Existing law requires the governing board of a school district to certify twice during a fiscal year whether the school district is able to meet its financial obligations for the remainder of the fiscal year and for the subsequent fiscal year. Existing law requires these certifications to be classified as positive, qualified, or negative and to be filed with the county superintendent of schools. Existing law requires a county superintendent of schools to change a positive certification to negative or qualified when the county office of education determines a negative or qualified certification should have been filed. This bill would authorize the county superintendent of schools also to change a qualified certification if it is determined that a negative certification should have been filed. (5) Existing law makes the parent or guardian of any minor whose willful misconduct results in injury or death to a pupil or public or private school employee or volunteer or who willfully cuts, defaces, or otherwise injures real or personal property belonging to a school district or private school, or personal property of a school employee, liable for all damages so caused by the minor or for a reward concerning information leading to the determination of the identity of, and the apprehension of, a person causing that injury or damage. Existing law limits the parent's or guardian's liability to $10,000. This bill would adjust the $10,000 limit on liability annually for inflation, as specified. (6) Existing law authorizes the governing board of a school district to approve supplemental instructional materials other than those approved by the State Board of Education if the governing board performs specified reviews and determines that these supplemental instructional materials are aligned with the California common core academic content standards and meet the needs of the pupils of the school district. This bill would extend this authorization to county offices of education. (7) Existing law governing work experience education programs contains a reference to mentally retarded pupils. This bill would change that reference to pupils with intellectual disabilities. (8) Existing law, known as the California State Lottery Act of 1984, establishes a state lottery that, among other things, provides funds to benefit public education. The act requires payments of lottery funds to be made directly to public school districts on the basis of an equal amount for each unit of average daily attendance and requires the number of units of average daily attendance in the 2008–09 to 2012–13 fiscal years, inclusive, to include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made for the 2007–08 fiscal year. As an initiative measure, the act prohibits its provisions from being changed except to further its purposes by a bill passed by a23 vote of both houses of the Legislature and signed by the Governor. This bill also would require the number of units of average daily attendance in the 2013–14 and 2014–15 fiscal years to include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made for the 2007–08 fiscal year. The bill would declare that this change furthers the purposes of the act. (9) Existing tax law excludes school districts that receive in the prior fiscal year a minimum of $120 of state aid per pupil or $2,400 per school district from receiving specified supplemental tax revenues. Existing law defines these school districts as basic aid school districts or excess tax school entities. This bill would refer to the school districts that are not eligible to receive the specified supplemental tax revenues as excess tax school entities. (10) This bill would make technical amendments and nonsubstantive changes. (11) This bill would incorporate additional changes in Section 41326 of the Education Code, proposed by AB 2279, that would become operative only if AB 2279 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. The bill also would incorporate additional changes in Section 48070.6 of the Education Code, proposed by SB 1497, that would become operative only if SB 1497 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.