BILL NUMBER: AB 339	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 9, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2009

   An act to amend Sections 12000 and 12001 of the Education Code,
relating to education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 339, 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.
   (2) Existing law requires the State Board of Education to direct
the allocation and apportionment of federal funds to local
educational agencies.
   This bill instead would require the state board to direct the
allocation and apportionment of federal funds to school 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (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.
   (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.
   (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.
   (d) County offices of education may be 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.
   (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.
  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 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 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 school
districts.
   (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 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
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 school
districts.