BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 1683
          AUTHOR:        Torres
          AMENDED:       May 28, 2010
          FISCAL COMM:   Yes            HEARING DATE:  June 30, 2010
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :  Federal Education Funding

           KEY POLICY ISSUE   

          Does the state need to ensure that the State Board of  
          Education does not inadvertently leave out county offices of  
          education when allocating federal funds?


           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.   (Education  
          Code  12000)

          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.  (EC  1000  





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          et. al.)

          County offices have historically received federal funds  
          provided for services related to their areas of  
          responsibility, such as special education and neglected and  
          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.

           ANALYSIS  

          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.   

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, this  
               measure would clarify that the state allocations of  
               federal funds to school districts also include county  
               office of education.  This legislation would provide  
               equity in funding county offices of education.  County  
               offices of education play a vital role in providing  
               educational programs and services for students, parents,  
               school districts and the community. This measure will  
               ensure the county offices are not inadvertently left out  
               when federal funds are allocated. 

           2)   Prior and related legislation  . 
           
               AB 339 (Torres), which is nearly identical to this  
               measure, was vetoed with the following message: 

                "This bill would redefine "school districts" to include  
                school districts, county offices of education, and  
                other agencies deemed eligible pursuant to state and  
                federal law, for the purpose of allocating federal  
                education funds.  However, in its current form, I am  
                concerned that the bill may have unintended  
                consequences for charter schools and/or other  
                educational agencies currently eligible for these  
                federal funds."





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          3)    Staff recommends an amendment  that would include  
               "charter schools, where applicable" in the definition of  
               other agencies. 


           SUPPORT
           
          Advancement Project
          American Federation of State, County and Municipal Employees
          California State PTA
          Fight Crime Invest in Kids, California
          Kern County Office of Education
          Los Angeles County Office of Education

           OPPOSITION
           
          None received.