BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1683|
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                                    CONSENT


          Bill No:  AB 1683
          Author:   Torres (D)
          Amended:  5/28/10 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 6/30/10
          AYES:  Romero, Huff, Alquist, Emmerson, Hancock, Liu,  
            Price, Simitian
          NO VOTE RECORDED:  Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 6/2/10 - See last page for vote


           SUBJECT  :    Education:  finance

           SOURCE  :     Author


           DIGEST  :    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.   

           ANALYSIS  :    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  
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          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  
          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.
           
           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.

           Prior/Related Legislation 
           
          AB 339 (Torres), Session of 2009-10, passed the Senate with  
          a vote of 34-0, on September 9, 2007, which is nearly  
          identical to this bill, 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  







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             unintended consequences for charter schools and/or  
             other educational agencies currently eligible for  
             these federal funds."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/3/10)

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

           OPPOSITION  :    (Verified  8/3/10)

          Office of the Secretary of Education

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          this bill clarifies that the state allocations of federal  
          funds to school districts also include county office of  
          education.  This legislation provides 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 bill ensures the county offices are not  
          inadvertently left out when federal funds are allocated.

           ARGUMENTS IN OPPOSITION  :    Opponents argue this bill  
          redefines "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.  They are concerned  
          that the bill may have unintended consequences for charter  
          schools and/or other educational agencies currently  
          eligible for these federal funds.

           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  







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            Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED: Tom Berryhill, Lieu, Miller, Audra  
            Strickland, Vacancy


          PQ:do  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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