Legal Update Memo No. 05-2018 – Supplemental Apportionment Bill for Wildfire Mitigation Under Consideration in State Assembly (AB 2228) (K-12)

Download pdf: 05-2018 – Supplemental Apportionment Bill for Wildfire Mitigation (AB 2228) with attachments (ERA)

Be advised that the State Assembly is currently considering Assembly Bill (“AB”) 2228 which, if passed, would provide a supplemental apportionment to eligible local educational agencies (“LEAs”) whose average daily attendance (“ADA”) has been materially decreased during the 2017-18, 2018-19, or 2019-20 fiscal years due to the 2017 wildfires. A copy of the bill in its current form is enclosed with this Legal Update.

Eligible LEAs for purposes of AB 2228 include school districts, county offices of education, and charter schools located within a county for which Governor Brown declared a state of emergency in 2017. “Material decrease” means a decrease in ADA attributable to the dislocation of pupils’ families due to the conditions that led to the declaration of a state of emergency on account of the 2017 wildfires.

The current version of the bill proposes to make a supplemental apportionment to eligible LEAs equal to 100% of the estimated ADA lost for 2017-18, 75% of the estimated ADA lost for 2018-19, and 50% of the estimated ADA lost for 2019-20. An eligible LEA can establish the fact of a material decrease by affidavits from members of the governing board or body of the LEA and the county superintendent of schools.

The bill was introduced by Assembly Member Wood and co-authored by Assembly Members Aguiar-Curry, Levine, and Limón, and Senators Dodd and McGuire. It may be heard in committee as early as March 16, 2018.

The governing boards of some local districts are passing resolutions in support of AB 2228. A draft board resolution is enclosed with this Legal Update.

Legal Update written by: Ellie R. Austin, Assistant General Counsel

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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