BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1683
                                                                  Page  1

          AB 1683 (Torres)
          As Amended  May 28, 2010
          Majority vote 

           EDUCATION           8-0         APPROPRIATIONS      12-0        
          |Ayes:|Brownley, Nestande,       |Ayes:|Fuentes, Ammiano,         |
          |     |Ammiano, Arambula,        |     |Bradford,                 |
          |     |Carter, Chesbro, Norby,   |     |Charles Calderon, Coto,   |
          |     |Torlakson                 |     |Davis,                    |
          |     |                          |     |Monning, Ruskin, Skinner, |
          |     |                          |     |Solorio,                  |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           SUMMARY  :  Requires the State Board of Education (SBE) to include  
          school districts, county offices of education (COEs), and other  
          agencies deemed eligible pursuant to state and federal law, in  
          any application for federal aid to education, in any allocation  
          of federal funds made pursuant to law, and in any rules and  
          regulations adopted governing the allocation of those funds.

           EXISTING LAW  :

          1)Provides base funding by requiring the SPI to make prescribed  
            calculations for the apportionment of state aid to local  
            educational agencies.

          2)Establishes and funds categorical programs that focus  
            resources and/or compliance requirements on specific classes  
            of students or schools, or on specific uses of funds,  
            identified by the Legislature as priorities.

          3)Authorizes the allocation and apportionment of federal funds  
            to recipients and for uses, as specified in federal and state  

          4)Requires the SBE to make timely application for federal  
            education funds and to direct the allocation of federal funds  
            to local education agencies.


                                                                  AB 1683
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           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, no additional state General Fund / Proposition 98  

           COMMENTS  :   This bill makes a proposal related to the inclusion  
          of COE's in federal funding, which was made in AB 339 introduced  
          by the author in 2009; AB 339 was passed by the Legislature and  
          subsequently vetoed by the Governor.

          Specifically, this bill proposes to require the SBE to include  
          COEs in any application for federal aid to education, in any  
          allocation of federal funds currently made to school districts,  
          and in any rules and regulations adopted governing the  
          allocation of those funds.  This proposal has pointed out  
          inconsistencies in statute. In the code sections amended by this  
          bill, regarding the SBE making applications for federal funds or  
          allocating those funds, there are references to "school  
          districts", "local education agencies", and "local school  
          districts and other agencies entitled to receive federal funds  
          for the support of schools."  These different references do not  
          appear to be related to any substantive difference in the  
          treatment of those agencies in terms of the application for or  
          allocation of federal funds.  Five observations can be made  
          about this issue:  1) these terms are used in an ambiguous, but  
          interchangeable, manner in these sections of code; 2) these code  
          sections exist the context of the authorization of the state's  
          full participation in Federal Programs and Interstate  
          Agreements; 3) the federal government generally focuses  
          education funding on schools and students rather than on school  
          districts, county, or regional education agencies (note that the  
          federal government has to take a one-size-fits-all approach to  
          local education governance, since there are many organizational  
          models across the states); 4) according to the CDE, there are no  
          instances where federal education funds are currently made  
          available to school districts, but not to COEs, unless there is  
          federal or state statute requiring that differentiation; and, 5)  
          these sections of the code were enacted by AB 3100 (Greene),  
          Chapter 1010, Statutes of 1976, which implements a complete  
          revision of the education code and have not been clarified  
          since.  Given these observations, it can be concluded that this  
          proposal, to have the students and schools under the  
          administration of COEs included in applications and eligible for  
          the receipt of federal funds, unless specifically excluded, is  
          consistent with the intent of the Legislature as stated in the  


                                                                  AB 1683
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          Education Code sections amended by this portion of the bill.   
          Given this conclusion, this proposal is of a technical nature in  
          that it would serve to clarify that COEs be considered eligible  
          for federal education funds during application or allocation,  
          unless excluded by statute.

          Effectively, this bill reconciles existing ambiguous and  
          seemingly interchangeable references to "school districts" and  
          "local education agencies" in existing law, and thus clarifies  
          that school districts, county offices of education, and all  
          other educational agencies, including charter schools and  
          educational joint powers authorities, deemed eligible under law  
          are required to be considered by the SBE when any application  
          for or allocation of federal funds is being made.

           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 

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