BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 307
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          Date of Hearing:   August 19, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 307 (Alquist) - As Amended:  May 26, 2009

           SENATE VOTE  :   40-0
           
          SUBJECT  :   Regional occupational centers or programs

           SUMMARY  :   Creates an urgency statute that requires that a  
          regional occupational center or program (ROC/P), established and  
          maintained by school districts acting as a joint powers agency  
          (JPA), receive its operating funds directly from the county  
          office of education of the county in which it is located in a  
          manner that is consistent with the apportionments for those  
          school districts that comprise the JPA and that are provided to  
          the county office of education pursuant to the annual Budget  
          Act; establishes this requirement commencing in the 2009-10  
          fiscal year, and makes this requirement operative in any fiscal  
          year when a substantially similar requirement currently in law  
          is not operative.
          
           EXISTING LAW  :

          1)Authorizes the establishment of ROC/Ps by high school  
            districts, district consortia (operating as a JPA), or county  
            offices of education.

          2)Establishes a funding formula for ROC/Ps based on per pupil  
            revenue limits for each ROC/P, current year average daily  
            attendance (ADA) or a cap on funded ADA as established  
            historically and in the prior year, any annual cost of living  
            adjustment (COLA) made to the per pupil revenue limit amounts  
            in the annual Budget Act, and any adjustments to the funded  
            cap on ADA made for growth.

          3)Provides for temporary flexibility to spend the funds  
            appropriated for nearly all categorical programs, including  
            funding for ROC/Ps, in order to relieve local budget pressure  
            created by the current economic downturn.

           FISCAL EFFECT  :   This bill is keyed non-fiscal, however, the  
          Assembly Appropriations Committee has requested that this bill  
          be referred to them.  If this bill is passed by the Assembly 








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          Education Committee, it will be referred to the Committee on  
          Appropriations to consider the fiscal implications.

           COMMENTS  : ROC/Ps offer a vocational educational program for high  
          school students and adults, and may be operated by a district, a  
          consortium of districts under a joint powers agreement, or by a  
          county office of education.  Nearly every county office of  
          education in California operates a single, countywide ROC/P.   
          California's 74 ROC/Ps have existed as part of California's  
          educational system for over 35 years.  According to the  
          California Department of Education (CDE), nearly 470,000  
          students age 16 or older enroll in ROC/Ps each year;  
          approximately 30 percent of those students are adult learners.    
           


          26 of the current ROC/Ps operate as a JPA.  These JPAs operate  
          under specific requirements, defined in Government Code, dealing  
          with governance, fiscal and programmatic accountability, and the  
          nature of the agreement between the member districts.  The JPA  
          administers the programs, classes and day-to-day operations of  
          the ROC/P; ROC/P funding apportioned to each of the member  
          districts provides the fiscal support for the JPA.

          Total revenue limit funding for ROC/Ps is comprised of three  
          components: an amount of base funding per unit of ADA (up to  
          that ROC/P's current ADA cap), an amount of funding (if  
          provided) to cover cost increases related to the cost of living  
          (COLA), and an amount of funding to cover program growth (if  
          provided) that is allocated among the ROC/Ps in the form of an  
          expansion in ADA caps.  For ROC/Ps operated as a JPA, these  
          calculations are made for each school district that is a member  
          of the JPA, and this ROC/P funding is apportioned to each of  
          those member districts.

          ROC/P funding is provided to districts as part of the Principal  
          Apportionment, which also includes regular revenue limit  
          funding, and is included in a block of funding (equal to the sum  
          of Principal Apportionment funding for all districts in a  
          county) that the CDE provides to the county office of education  
          (COE); COEs have historically served as clearinghouses that  
          distribute this funding to each of the districts in the county  
          according to a schedule that is also provided by the CDE.  Up to  
          and including the 2008-09 fiscal year, funding for ROC/Ps  
          operating as a JPA was treated in this manner with the funds  








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          moving from the CDE to the COE, then being transferred to each  
          JPA member district, and finally being submitted by the member  
          districts to the JPA.  This process was to be changed commencing  
          with the 2009-10 fiscal year as a result of SB 1197 (Alquist),  
          Chapter 519, Statutes of 2008; SB 1197 requires that a ROC/P  
          operated as a JPA receive its funding directly from the COE,  
          rather than the funds being transferred from the COE to the  
          member districts prior to the JPA receiving those funds from  
          each of the school districts.  This new provision was enacted  
          January 1, 2009, and was to be operative for the 2009-10 fiscal  
          year.

          In February 2009, SB 4 X3 (Ducheny), Chapter 12, Statutes of  
          2009 Third Extraordinary Session [as amended in July by AB 2 X4  
          (Evans), Chapter 2, Statutes of 2009 Fourth Extraordinary  
          Session], implemented categorical flexibility for the 2008-09  
          through 2012-13 fiscal year; this flexibility allows recipients  
          to use restricted educational funding from 43 categorical  
          programs, including ROC/P funding, for any discretionary  
          educational purpose.  This flexibility was achieved by deeming  
          those funding recipients to be in compliance with the program  
          and funding requirements contained in statutory, regulatory, and  
          provisional language associated with those programs.  Funding  
          for these flexible programs is apportioned from the amounts  
          provided in the Budget Act in an amount based on the same  
          relative proportion that the recipient received in the 2008-09  
          fiscal year for those programs.  As a condition of receiving  
          this flexibility, district governing boards and county boards of  
          education are required to hold public hearings on the proposed  
          use of the flexible funds, and are required to fully account for  
          all revenues and expenditures.

          The fact that SB 1197 was enacted, but did not become  
          operational, prior to the enactment of SB 4 X3 creates a number  
          of potential questions and ambiguities regarding funding for  
          ROC/Ps operated by a JPA.  For example, is the requirement  
          established by SB 1197, that a ROC/P operated as a JPA receives  
          its funding directly from the COE rather than the funds being  
          transferred from the COE to the member districts, operable?  The  
          provision in SB 4 X3 that deems recipients of apportionments (in  
          this case the member districts or the COE acting as the funding  
          clearing house) to have complied with funding and program  
          requirements associated with ROC/P, along with the apparent  
          intent of the Legislature that ROC/P funds be available for  
          flexible and discretionary use, argue that the SB 1197  








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          requirement does not apply, however, there is no language in SB  
          4 X3 or AB 2 X4 that specifically makes the SB 1197 provision  
          inoperable.

          A question might also be asked as to who has the authority to  
          make decisions over the use of the funds apportioned to JPA  
          member school districts for ROC/P?  Since the flexibility  
          provision of SB 4 X3, as amended by AB 2 X4, allows recipients  
          of the funding to use the funds with discretion, and since  
          funding for JPA ROC/Ps is apportioned on a district by district  
          basis, the strongest case might be made that the member  
          districts have the authority to flexibly use these funds through  
          the 2012-13 fiscal year; this appears also to be consistent with  
          Legislative intent.  At the same time, the funds are provided to  
          the COE in its role as a funding clearinghouse; thus if a COE  
          interprets the SB 1197 requirement to be operable under current  
          law, then that COE could move to transfer the member district's  
          ROC/P apportionments directly to the JPA.  It also might even be  
          argued that a COE could choose to flexibly use these ROC/P  
          apportionments for its own purposes, since the COE received the  
          funds from the CDE and is deemed to already be in compliance  
          with all funding requirements associated with the program (i.e.,  
          the SB 1197 requirement to pass the funds along to the JPA).  It  
          is clear that different interpretations of whether the  
          flexibility provisions of SB 4 X3 dominate the funding  
          requirement of SB 1197, combined with the fact that the funds  
          may never be in the possession of the school district to which  
          it was apportioned, create some ambiguity in current law.

          Supporters of this bill state that, "SB 307 will correct an  
          unintended consequence of the 2009-10 budget trailer bill [SB 4  
          X3]," and describe this bill as "a cleanup bill" that "has no  
          fiscal impact and remains consistent with [SB 4 X3], by ensuring  
          local control and flexibility."  SB 307 (with the technical  
          amendments discussed below) would serve to clarify the potential  
          ambiguities described above; however, the bill also implies a  
          substantive policy position that has potentially large fiscal  
          repercussions on school districts.

          Clarifying the potential ambiguities that result from the  
          interaction of SB 1197 and SB 4 X3 could be accomplished in one  
          of two ways.  

          1)If the Legislature intended to protect funding for JPA ROC/Ps  
            from the flexibility provisions extended to school districts  








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            and COEs, then this bill clarifies existing law so that under  
            any circumstances COEs transfer the appropriated funds to JPAs  
            in order to continue the operation of the JPA ROC/Ps.  In  
            other words this bill places the provisions of SB 1197 in a  
            dominant position over the flexibility provisions of SB 4 X3;  
            effectively this bill provides a protected status for JPA  
            operated ROC/Ps in that funding apportioned to JPA member  
            school districts will be spent on the ROC/P activities with no  
            opportunity for the member school district to put those funds  
            to another discretionary use.

          2)If the Legislature's intent was to include funding for JPA  
            ROC/Ps in the flexibility provision, then this bill violates  
            that assumption.  In other words, the flexibility provisions  
            of SB 4 X3 were intended to dominate SB 1197.  Clarification  
            of this intent could be achieved by clearly notwithstanding  
            Education Code Section (EC) 52321 (that implements the SB 1197  
            requirement) while the flexibility provisions are in effect  
            through the end of the 2012-13 fiscal year.

          It is clear that the fundamental question raised by this bill is  
          whether the Legislature, in SB 4 X3, intended that ROC/P funds,  
          including those apportioned for JPA member school districts, be  
          subject to flexibility in that those previously restricted  
          monies could be used by the recipient school district or COE for  
          any discretionary purpose?  Three less significant issues should  
          also be raised in this analysis: 

          1)This bill's protection from the flexibility provisions only  
            bear on that part of the ROC/P budget appropriation (Item  
            6110-105-0001) that is apportioned to school districts that  
            are members of a JPA operating an ROC/P; these provisions have  
            no effect on ROC/Ps operated by a single school district or by  
            a COE.  This raises a question about equitable treatment  
            across ROC/Ps, since non-JPA member school district or COE  
            operating a ROC/P would have the authority to shift the ROC/P  
            funding to another higher priority budget use while (under  
            this bill) the JPA member district would not have that same  
            opportunity. 

          2)Under this bill the only recourse that a JPA member district  
            would have if it desired to shift ROC/P funding to another  
            higher priority budget use would be to resign its position in  
            and remove itself from the JPA.  Since SB 4 X3 requires the  
            CDE to apportion "an amount to recipients based on the same  








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            relative proportion that the recipient received in the 2008-09  
            fiscal year for the" program, funds for ROC/P would continue  
            to be apportioned to the school district even after that  
            school district was no longer a member of the JPA; in this way  
            the district could use the funds flexibly.  Creating a  
            chilling effect on district participation in JPA ROC/Ps may  
            not be an optimal policy in the long run.

          3)Either the situation under current law or the situation  
            described in 2) above could lead to litigation if a COE were  
            to transfer a member or former member district's ROC/P  
            apportionment to the JPA.  This bill, as currently written,  
            does not clarify all of the ambiguities that may currently  
            exist regarding this issue.

          If the Committee should choose to pass this bill, then Committee  
          staff recommends that the bill be amended to explicitly  
          notwithstand the flexibility provisions in EC 42605 as created  
          by SB 4 X3 and amended by AB 2 X4, rather than to rely on the  
          conditional trigger in the bill.  The provisions of this bill  
          are currently triggered by any action that makes the  
          requirements of SB 1197 (EC 52321) inoperable; however, part of  
          the problem described above is that it may not be clear whether  
          the requirements of EC 52321 are currently inoperable.  Since  
          the ambiguities that this bill is attempting to clarify are  
          generated by the interaction between the SB 1197 requirements  
          and the provisions of SB 4 X3, a clearer approach would be to  
          simply notwithstand that part of SB 4 X3 that creates the  
          conflict.  This approach would also have the added benefit of  
          narrowing the solution to address only the problem at hand, and  
          thus avoid any unintended consequences.  Thus lines three and  
          four on page two of the bill would be replaced by:  "52322.5.   
          Notwithstanding EC 42605 and for the 2009-10 fiscal year to the  
          2012-13 fiscal year, inclusive, a regional occupational?"

          If the Committee should choose not to pass this bill, then  
          Committee staff recommends that the Legislature move to further  
          clarify its intent that funding for JPA ROC/Ps be included in  
          the flexibility provisions of SB 4 X3, that the flexibility  
          provisions of SB 4 X3 were intended to dominate SB 1197, and  
          that ROC/P funds should be transferred by the COE to the member  
          districts.

          Because of Legislative deadlines, any amendments to this bill  
          approved by the Committee on Education will be taken in the  








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          Assembly Appropriations Committee.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of California School Administrators 
          California Association of Regional Occupational Centers and  
          Programs
          California Association of School Business Officials
          California County Superintendents Educational Services  
          Association
          Capistrano-Laguna Beach Regional Occupational Program
          Central County Occupational Center
          Central Sierra ROP
          Coastline Regional Occupational Program
          Colton Redlands Yucaipa JPA-ROP
          Eden Area Regional Occupational Program
          Imperial Valley Regional Occupational Program
          Metropolitan Education District
          Mission Trails Regional Occupational Program
          Mission Valley ROP
          North County Regional Occupational Center, JPA
          North Orange County ROP
          Santa Lucia Regional Occupational Program
          Solano County Office of Education
          Southern California Regional Occupational Center
          Tri-Valley Regional Occupational Program
          West Side Regional Occupational Program
          One individual
           
            Opposition 
           
          None on file

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