42253.
(a) The Equalization Reserve Account is hereby established in the General Fund.
(b) (1) Funds Interest earned on funds in the Equalization Reserve Account shall be available, upon appropriation by the Legislature, for the support of non-basic aid school districts. Funds These funds shall be allocated from the account to increase per-pupil funding in non-basic aid school districts in a manner prescribed by the Legislature.
(2) It is the intent of the Legislature in proposing this section to establish a dedicated source of state funding to close the gaps in per-pupil spending among school districts without reducing the amount of state funding that any school district receives.
(3) It is the intent of the Legislature that interest be allocated in a manner that allows the account balance to continue to grow.
(c) (1) (A) Except as provided in subparagraph (B), in any fiscal year in which there is an increase over the preceding fiscal year in the moneys to be applied by the state for support of the public school system and public institutions of higher education pursuant to Section 8 of Article XVI of the California Constitution, the Controller shall transfer from the General Fund to the Equalization Reserve Account an amount equal to the total amount transferred pursuant to subdivision (b) of Section 21 of Article XVI of the California Constitution for that fiscal year. The calculation of this amount shall include all reductions, suspensions, and other adjustments pursuant to any other provision of Section 21 of Article XVI of the California Constitution, or paragraph (3) of subdivision (a) of Section 22 of Article XVI of the California Constitution.
(B) If Section 21 of Article XVI of the California Constitution is amended after January 1, 2025, in any fiscal year in which there is an increase over the preceding fiscal year in the moneys to be applied by the state for support of the public school system and public institutions of higher education pursuant to Section 8 of Article XVI of the California Constitution, the Controller shall, instead of the amount prescribed in subparagraph (A), transfer from the General Fund to the Equalization Reserve Account an amount equal to the total amount that would have been transferred pursuant to subdivision (b) of Section 21 of Article XVI of the California Constitution for that fiscal year, had Section 21 of Article XVI of the California Constitution not been amended. The calculation of this amount shall include all reductions, suspensions, and other adjustments that would have been made pursuant to any other provision of Section 21 of Article XVI of the California Constitution, as it read on January 1, 2025, or paragraph (3) of subdivision (a) of Section 22 of Article XVI of the California Constitution, as it read on January 1, 2025.
(2) Interest earned on funds in the Equalization Reserve Account shall be deposited in the account.
(d) For purposes of this section, “non-basic aid school district” means a school district that, in any of the then preceding three fiscal years, received an apportionment of state funds pursuant to Section 42238.02.
(e) This section shall become operative only if a constitutional amendment, approved by the voters, includes both of the following conditions:
(1) The exclusion of funds transferred to or allocated from the Equalization Reserve Account pursuant to this section from both of the following designations:
(A) “Moneys to be applied by the State for the support of school districts and community college districts,” as that phrase is used in Section 8 of Article XVI of the California Constitution.
(B) “Total annual appropriations subject to limitation” of each entity of government, as that phrase is used in Article XIII B of the California Constitution.
(2) A requirement that the Legislature allocate, in each fiscal year in which funds are transferred to the Equalization Reserve Account pursuant to paragraph (1) of subdivision (c), year, a percentage of funds the interest that has been deposited in the account to increase per-pupil funding in non-basic aid school districts.