BILL NUMBER: AB 339 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torres
FEBRUARY 18, 2009
An act to amend Sections 12000 and 12001 of, and to add Chapter
4.5 (commencing with Section 1550) to Part 2 of Division 1 of Title 1
of, the Education Code, relating to education finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 339, as introduced, Torres. Education finance: county offices
of education.
(1) Existing law establishes a system of public elementary and
secondary schools in this state. Under this system, local educational
agencies, which include school districts and county offices of
education, have numerous responsibilities relating to the operation
of schools and the instruction of pupils.
This bill would express findings and declarations of the
Legislature relating to the funding of county offices of education.
The bill would require, notwithstanding any other provision of law,
the Superintendent of Public Instruction to ensure that each county
office of education be eligible for any funding opportunity that
would benefit pupils, parents or caregivers, or educators and that
would be available to a school district in circumstances that are
substantially similar to those pertaining to that county office of
education.
(2) Existing law requires the State Board of Education to direct
the allocation and apportionment of federal funds to local education
agencies. Existing law also requires the state board to adopt rules
and regulations for the allocation of federal funds to local school
districts and other agencies entitled to receive federal funds for
the support of schools.
This bill would amend these provisions to refer to local
educational agencies, as defined to specify that county offices of
education are included within the scope of this definition.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 1550) is added to
Part 2 of Division 1 of Title 1 of the Education Code, to read:
CHAPTER 4.5. FUNDING EQUITY FOR COUNTY OFFICES OF EDUCATION
1550. (a) The Legislature finds and declares all of the
following:
(1) County offices of education, which are established pursuant to
Article IV of the California Constitution, serve a multitude of
educational needs in their respective regions across the state.
(2) Many county offices of education have the dual role of
business and education service provider for school districts and as
direct education provider for pupils with special needs or who are at
risk of failure in school.
(3) The government and the public schools of California have a
moral obligation and a constitutional duty to provide all of
California's children with the skills necessary to become productive
members of our society irrespective of ability or status as an
adjudicated or foster youth.
(4) County offices of education may be purposely excluded from, or
are not always considered to be eligible for, various funding
streams established to benefit pupils, parents or caregivers, and
educators, even though they are the presumed local educational agency
to serve certain pupils.
(5) Children who are served by county offices of education have
the most to gain through the provision, to the county offices, of
equitable and equal access to grants and other funds that are
provided to school districts.
(b) In accordance with the findings and declarations set forth in
subdivision (a), the Superintendent shall ensure that each county
office of education shall be eligible for any funding opportunity
that would benefit pupils, parents or caregivers, or educators and
that would be available to a school district in circumstances that
are substantially similar to those pertaining to that county office
of education, unless the exclusion of a county office of education
would be required by statute.
SEC. 2. Section 12000 of the Education Code is amended to read:
12000. (a) Whenever , by any act
of Congress , funds are provided as federal aid to
education to the several states and the disposition of the funds is
not otherwise provided for by or under the act of Congress or by or
under any law of this state, the apportionment and distribution
thereof of those funds to
school districts local educational agencies
shall, insofar as consistent with the requirements prescribed by the
federal law and implementing rules and regulations, be governed by
the standards set forth in this article.
When any such
(b) Whenever a federal law
designates a state education agency or other agency or officer
primarily responsible for state supervision of public schools,
such that designation shall be deemed
to refer to the State Board of Education. The State Board of
Education shall make timely application for any federal funds made
available, and shall, pursuant to the federal law and the
provisions of this article, direct the allocation and
apportionment of the federal funds to local education
educational agencies.
(c) As used in this article, "local educational agencies" include,
but are not necessarily limited to, school districts and county
offices of education.
SEC. 3. Section 12001 of the Education Code is amended to read:
12001. The State Board of Education shall adopt rules and
regulations for the allocation of federal funds to local
school districts and other educational agencies
entitled to receive federal funds for the support of schools. In
determining the rules and regulations by which such
those allocations are to be made, the State
Board of Education shall consider all factors of local effort and all
educational programs maintained by such
those agencies. Such The rules
and regulations adopted pursuant to this section shall be
based upon need , and the agencies'
state board shall carefully scrutinize the abilities and
efforts shall be carefully scrutinized of the
affected local educational agencies .