Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE PATRICK B. GREENWELL, TUOLOMNE COUNTY COUNSEL, has requested an opinion on the following question: May a school district require that the parents of pupils who have unexcused absences from school reimburse the district for its reduction in state funding caused by the unexcused absences? CONCLUSION A school district may not require that the parents of pupils who have unexcused absences from school reimburse the district for its reduction in state funding caused by the unexcused absences. ANALYSIS The Constitution requires the establishment of free public schools throughout the state. (Cal. Const., art. IX , § 5 ; Arcadia Unified School Dist . v. State Dept. of Education (1992) 2 Cal.4th 251 , 259-265 .) The Legislature is required to provide state revenues to the State School Fund, which is then apportioned to the schools. Each apportionment is based upon the "average daily attendance" of the pupils in the school. (Cal. Const., art. IX , § 6 ; Ed. Code, §§ 14002 , 41601 , 42238.12 ; 67 Ops.Cal.Atty.Gen. 393 (1984).) 1 The average daily attendance of a pupil is calculated…