BILL ANALYSIS                                                                                                                                                                                                    





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

          BILL NO:       SB 698
          AUTHOR:        Negrete McLeod
          AMENDED:       April 2, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 29, 2009
          URGENCY:       No             CONSULTANT:    James Wilson

           SUBJECT  :  Juvenile Court School Funding
          
           SUMMARY  

          This bill replaces average daily attendance (ADA) with  
          average daily enrollment (ADE, as defined) as the basis for  
          funding juvenile court schools and increases funding for  
          juvenile court schools by exempting the funding from  
          reductions imposed on funding rates for 2008-09 and  
          2009-2010. 

           BACKGROUND  

          Current law provides for county boards of education to  
          operate juvenile court schools in which the minimum school  
          day is 240 minutes, calculated on the basis of the average  
          number of minutes of attendance during 10 consecutive days  
          of class.  Juvenile court schools are required to be open  
          on all weekdays that are not school holidays or closed when  
          "necessary to accommodate contingencies."

          County offices of education receive per pupil "revenue  
          limit" funding from the state for pupils in average daily  
          attendance (ADA) in juvenile court schools.  These revenue  
          limits are based on historical funding levels of the  
          various schools when they were primarily supported with  
          local funding.  Current law calls for juvenile court school  
          revenue limits to be annually adjusted for inflation;  
          however, budget constraints of the past few years have  
          caused the state to suspend payments of the cost-of-living  
          adjustments (COLA). Instead of simply repealing the  
          statutory COLAs, the state has created offsetting "deficit  
          factors" so that the schools remain entitled to the  
          adjusted levels of support when the fiscal crisis subsides.  
           For 2008-09, the deficit statute calls for a revenue limit  
          reduction (negating COLA increases) of 7.819% and for  




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          2009-2010, the factor is scheduled to be 13.360%. These  
          deficits offset COLAs of equal value so that they do not  
          represent actual cuts to prior year levels of funding, but  
          rather denied increases.

          In 2006-07, 48 of the 58 county offices of education  
          operated juvenile court schools, with an average daily  
          attendance of approximately 16,200 students. Due to high  
          turnover rates in many of these facilities, the actual  
          cumulative annual enrollment would be substantially higher,  
          likely more than 30,000. There were a total of 180  
          educational facilities in operation, including 84 juvenile  
          halls, 11 ranches, 14 residential/group homes, 19 day  
          centers, 36 camps, and 16 detention centers. 
           

          ANALYSIS
           
           This bill:

           1)   Provides that the average daily attendance (ADA) of  
               pupils enrolled in juvenile court schools shall equal  
               "average daily enrollment" as defined to be "the sum  
               of the daily count of wards of the court in placement  
               at a facility with a juvenile court school" divided by  
               the statutorily defined number of days in the  
               reporting period (70, 135 and 175 days for 1st, 2nd  
               and annual reporting periods).  

          2)   Suspends the application of budgeted deficit factors  
               to the revenue limits of juvenile court schools for  
               2008-09 and 2009-10, thereby increasing per pupil  
               funding 7.839% in 2008-09 and 13.360% in 2009-2010.

           STAFF COMMENTS  

           1)   Need for the bill.   The sponsor of the bill argues  
               that basing juvenile court school funding on ADA is  
               inadequate "because of the unpredictability of  
               attendance in juvenile court school classrooms and the  
               requirements to staff classrooms regardless of student  
               attendance."   Although pupils are confined and would  
               therefore be expected to have perfect attendance, in  
               fact pupils are required to be absent for hearings and  
               other circumstances beyond the control of school  
               officials.  On the other hand, school officials must  
               fully staff all classrooms at all times and cannot  




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               realize any operational saving when pupils are not  
               present.

           2)   Fiscal impact.   While switching from attendance to  
               enrollment is likely to make juvenile court school  
               funding more predictable and steady, it is potentially  
               costly.  Average daily enrollment would not be as  
               large as the total annual headcount of pupils who  
               spend even one day in a juvenile court school.  That  
               number is estimated at 30,000 pupils, while juvenile  
               court school ADA is approximately 16,200.  Average  
               daily enrollment would be somewhere between those two  
               figures, but closer to the ADA.  Increasing all  
               juvenile court school funding by 7.839% and 13.360% is  
               also likely to be a substantial cost, perhaps $12  
               million to $20 million.

           SUPPORT  

          California County Superintendents Educational Services  
          Association
          Lake County Office of Education
          Los Angeles County Board of Supervisors
          Los Angeles County Office of Education
          Orange County Department of Education
          Riverside County Office of Education
          San Francisco Unified School District
          Santa Clara County Office of Education
          Sonoma County Office of Education

           OPPOSITION

           None received.