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
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          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.