BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 339 AUTHOR: Torres AMENDED: April 29, 2009 FISCAL COMM: Yes HEARING DATE: June 17, 2009 URGENCY: No CONSULTANT: James Wilson SUBJECT : Federal Education Funding SUMMARY This bill defines school districts to include county offices of education and "other agencies" so that the county offices and other agencies will be eligible for federal funding distributed by the State Board of Education. BACKGROUND Current law provides that whenever federal aid to education is provided to the state, and the disposition of the funds is not otherwise specified by federal or state law, then the distribution of those funds to local educational agencies shall be determined by the State Board of Education, consistent with the requirements of federal law. Current law provides for county boards of education and county superintendents of schools to direct county offices of education. County offices of education operate a variety of alternative schools such as county community schools, juvenile court schools, as well as Regional Occupational Programs and Centers (ROP/C) and Special Education Local Plan Areas (SELPA). County offices also assist school districts in a variety of ways, providing instructional and financial support services and exercising oversight over the fiscal condition of districts, among other functions. County offices have historically received federal funds provided for services related to their areas of responsibility, such as special education and neglected and AB 339 Page 2 delinquent youth. On the other hand, counties have often not been eligible for federal funds under programs such as the Title I basic grants because those programs are distributed to schools on the basis of the characteristics of pupils in an attendance area, and county schools serve pupils that are referred to them, but do not serve pupils on the basis of their residence in an attendance area. AB 339 Page 3 ANALYSIS This bill: 1) Makes various legislative findings related to county offices of education and declares legislative intent that "children 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." 2) Defines school districts to include county offices of education and "other agencies" so that the county offices and other agencies will be eligible for federal funding distributed by the State Board of Education. STAFF COMMENTS Need for the bill. The supporters of this measure believe that it will "ensure that county offices are not inadvertently left out when federal funds are allocated" and it may well achieve that objective. As noted in the background, however, some of the largest federal programs like Title I direct only specialized subpart funding to county offices and their omission from the main formula is a matter of federal law and not "inadvertent." SUPPORT Advancement Project California Association of School Business Officials California Teachers Association Humboldt County Office of Education Inyo County Office of Education Lake County Office of Education Los Angeles County Office of Education (Sponsor) Orange County Department of Education Riverside County Office of Education Sonoma County Office of Education OPPOSITION None received.