BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1683
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1683 (Torres)
          As Amended  July 15, 2010
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(June 2, 2010)  |SENATE: |33-0 |(August 5,     |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Requires the State Board of Education (SBE) to include  
          school districts, county offices of education (COEs), charter  
          schools 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.

           The Senate amendments  clarify that charter schools are included  
          in the provisions of this bill.

           EXISTING LAW  :

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

          2)Authorizes the allocation and apportionment of federal funds  
            to recipients and for uses, as specified in federal and state  
            law; also requires the SBE to make timely application for  
            federal education funds and to direct the allocation of  
            federal funds to local education agencies.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   This bill makes a proposal related to the inclusion  








                                                                  AB 1683
                                                                  Page  2

          of COE's in federal funding, which was made by AB 339 (Torres)  
          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 and charter schools 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 to  
          govern 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.  Despite these inconsistencies,  
          this proposal, to have the students and schools under the  
          administration of COEs and charter schools included in  
          applications and eligible for the receipt of federal funds,  
          appears to be consistent with the intent of the Legislature as  
          stated in the Education Code sections amended by this bill.   
          Given this conclusion, this proposal is of a technical nature in  
          that it would serve to clarify that COEs and charter schools be  
          considered for eligibility for federal education funds during  
          application or allocation.

          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, charter  
          schools and all other educational agencies, including  
          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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