BILL NUMBER: AB 339	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009

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,   of  the Education Code, relating to
education finance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 339, as amended, 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  instead  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   require   the state board to
direct the allocation and apportionment of federal funds to s 
 chool districts, and would include county offices of education
and other agencies within the definition of school district, as
specified, for purposes of these provisions. The bill would also make
conforming changes  .
   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: 
   SECTION 1.    The Legislature finds and declares all
of the following:  
   (1) 
    (a)  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) 
    (b)  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) 
    (c)  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) 
    (d)  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) 
    (e)  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 of those funds to  local educational agencies
  school districts  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.
   (b) Whenever a federal law designates a state  education
  educational  agency or other agency or officer
primarily responsible for state supervision of public schools, 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 this article, direct the allocation and apportionment of the
federal funds to  local educational agencies  
school districts  . 
   (c) As used in this article, "local educational agencies" include,
but are not necessarily limited to, school districts and county
offices of education.  
   (c) As used in this article, "school districts" include school
districts, county offices of education, and other agencies deemed
eligible pursuant to state and federal law. 
  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
educational agencies   school districts  entitled
to receive federal funds for the support of schools. In determining
the rules and regulations by which those allocations are to be made,
the State Board of Education shall consider all factors of local
effort and all educational programs maintained by those 
agencies   school districts  . The rules and
regulations adopted pursuant to this section shall be based upon
need, and the state board shall carefully scrutinize the abilities
and efforts of the affected  local educational agencies
  school districts  .