On September 29, 2004, Governor Schwarzenegger signed Senate Bill (SB)311, Chapter 910, Statutes of 2004 by Senator Byron Sher. SB 311 provides temporary relief to school districts in the form of a reduction in the penalties that are paid when a CSR class exceeds the maximum average of 20.4. It also provides some relief to Southern California school districts that were affected by the October 2003 fires.
Provisions for Penalty Reduction - Education Code Section 52124(e)
- Effective immediately, and continuing through the 2008-09 school year.
- Funding loss for classes under 21.9 will be calculated on
a sliding scale, as follows:
Classes greater than or equal to 20.5 but less than 21.0 lose 20 percent of the funding otherwise paid for a class of 20 (i.e. funding is paid for 16 pupils rather than 20).
Classes greater than or equal to 21.0 but less than 21.5 lose 40 percent of the funding otherwise paid for a class of 20 (i.e. funding is paid for 12 pupils).
Classes greater than or equal to 21.5 but less than 21.9 lose 80 percent of the funding otherwise paid for a class of 20 (i.e. funding is paid for 4 pupils).
Classes greater than or equal to 21.9 lose 100% of the funding.
Here is a more detailed breakdown for those who need it, with the decimals carried out two places. Conventional rounding, up or down to the nearest tenth, must be used. For example, 20.45 rounds up to 20.5, and 20.94 rounds down to 20.9:
Classes of 20.45 to 20.94 will receive $17,136
in 2007-08 (80% of full funding).
Classes of 20.95 to 21.44 will receive $12,852 in 2007-08 (60%
of full funding).
Classes of 21.45 to 21.84 will receive $4,284 in 2007-08 (20%
of full funding).
Classes of 21.85 and over lose 100% ($21,420 in 2007-08).
(Please note: Small school districts and charter schools using the "small district flexibility" that allows classes of up to 22.4 if the district-wide average remains at 20.4 or less will not be affected by the percentage reductions in SB 311. You will still receive 100% of your funding if you meet the small district requirements in Education Code Section 52122[h].)
The J-7CSR has been revised to accommodate the provisions of SB 311. Three lines have been added at the bottom of each section to report classes of 20.5 to 20.9, 21.0 to 21.4, and 21.5 to 21.8. The calculation for the penalty reduction has been incorporated into column 3 of each section and will be automatically computed as the data in column two are entered. For example, one class of 20.5 to 20.9 will compute as having 16 pupils, thereby allowing the district to receive funding for 80% of the pupils actually in that class.
Provisions for Districts Affected by the October 2003 fires in Southern California - Education Code Section 52124(f)
- Applicable for the 2003-04 school year only.
- Eligible school districts (or charter schools that applied
independently) are limited to those located in the counties
of Los Angeles, Riverside, San Bernardino, San Diego, or Ventura.
- Districts must have received an approved "Request for
Allowance of Attendance Because of Emergency Conditions"
(J-13A) pursuant to Education Code Section 46392.
- Districts must certify that they suffered a loss of enrollment in CSR classes due to the October 2003 fires, and that enrollment loss resulted in a decrease in their CSR funding.
Districts that wish to take advantage of this provision of the law must submit a revised J-7CSR to CDE by June 30, 2005. The procedure is the same as for any other revision - simply correct the original J-7CSR, have the district superintendent (or authorized designee) re-sign it, and send it through your county office of education for its signature. The county offices should forward the revised forms to CDE.
Districts should recalculate the size of each affected class using the daily enrollment from the first day of instruction through the day before the "emergency days" began. (The revised J-7CSR should include all eligible CSR classes for 2003-04, not just those classes being claimed under this new provision.)
In addition to submitting the revised J-7CSR, please also include a cover letter, signed by the district superintendent, which can be used as the required certification. It might read something like this: "Pursuant to Education Code Section 52124(f), attached please find a revised J-7CSR for the 2003-04 school year. I hereby certify that (name of district) suffered a loss of enrollment in CSR classes due to the October 2003 fires, which in turn resulted in a decrease in the district's CSR funding."
Please also include a copy of your CDE approval letter for your J-13A.
