41338.
(a) For purposes of this section, the following terms have the following meanings: (1) “Average daily membership” means the quotient of the aggregate enrollment days for all pupils in a local educational agency, from transitional kindergarten to grade 12, inclusive, as applicable, divided by the total number of instructional days for the local educational agency in an academic year. A local educational agency’s average daily membership shall be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment under Sections 2574 and 42238.02, as applicable. For any fiscal year before the 2023–24 fiscal year for which average daily membership data is not available, the Superintendent shall use a local educational agency’s census day enrollment count, as certified in the California Longitudinal Pupil Achievement Data System.
(2) “Local educational agency” means a school district, county office of education, or charter school.
(b) Commencing with the 2023–24 fiscal year, and each fiscal year thereafter, a local educational agency that complies with the requirements of paragraph (1) of subdivision (c) shall receive as additional education funding, in addition to the amount apportioned pursuant to Section 2574 or 42238.02, as applicable, an amount equal to the difference between what the local educational agency would have received under the local control funding formula if the local funding formula were based on average daily membership instead of average daily attendance, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. For the purpose of this calculation, the Superintendent shall apply the funding difference to the local control funding formula base, supplemental, and concentration grants for each local educational agency pursuant to Sections 2574 and 42238.02, as applicable. In no case shall a local educational agency’s additional education funding be less than zero dollars ($0).
(c) In order to be eligible for additional education funding under this section, a local educational agency shall comply with both of the following requirements:
(1) Submit to the Superintendent by January 15 the unduplicated primary and short-term enrollments for their first term enrollment totals. Local educational agencies shall submit final enrollment data for the entire academic year as part of end-of-year submissions under timeframes and procedures established by the Superintendent. The Superintendent shall use the second data submission to settle-up final prior year funding in the following fiscal year.
(2) Demonstrate a maintenance of effort to address chronic absenteeism and habitual truancy. To fulfill this requirement, a local educational agency shall maintain at least the same per-pupil spending level on staff who address chronic absenteeism and habitual truancy as the local educational agency did in the 2019–20 school year. The requirement of this paragraph shall be subject to the audit required pursuant to Section 41020. Failure to meet this requirement shall result in the loss of additional funding provided pursuant to this section.
(d) At least 30 percent of the funds allocated pursuant to this section shall be used for purposes of local educational agency expenditures to address chronic absenteeism and habitual truancy by providing services and supports that have been determined to improve school attendance, or addressing the root causes that contribute to pupils being chronically absent or habitually truant.
(e) Consistent with the requirements of Section 48240, local educational agencies shall continue to implement a system to accurately track pupil attendance in order to raise the awareness of the effects of truancy and chronic absenteeism, identify and address factors contributing to habitual truancy and chronic absenteeism, and ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(f) The Superintendent shall, for purposes of calculating a local educational agency’s average daily membership pursuant to paragraph (1) of subdivision (a), issue directives and guidance on determining the date of withdrawal for a pupil deemed habitually truant pursuant to Section 48262.
(g) Nothing in this section shall supersede or otherwise modify Section 48240, 48260, 52060, or 60901.
(h) On or before November 1, 2029, the Legislative Analyst’s Office shall submit a report to the Legislature on the implementation of the funding provisions of this section that includes information from local educational agencies selected by the Legislative Analyst’s Office. The local educational agencies selected for this analysis shall provide the Legislative Analyst’s Office any information necessary, including, but not limited to, expenditure data, staffing information, and data on truancy and chronic absenteeism that is disaggregated by school and pupil subgroup.
(i) Funds to implement this section shall be continuously appropriated in the annual Budget Act.