BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 18
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          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 18 (Brownley) - As Amended:  April 27, 2011 

          Policy Committee:                              Education 
          Vote:9-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill, commencing with the 2015-16 fiscal year (FY), revises 
          the K-12 public school financing system by establishing new 
          levels of base revenue limit funding (general purpose) and 
          consolidating specified categorical program funds into two new 
          grant allocations, as specified.  Specifically, this bill: 

          1)Consolidates two revenue limit add-on formulas and 23 
            categorical programs into school districts' base revenue limit 
            funding (general purpose) and allocates this funding according 
            to a district's average daily attendance (ADA).  The 
            categorical programs consolidated currently serve a wide range 
            of purposes, including adult education, facility maintenance, 
            instructional materials, school safety, instruction for 
            at-risk pupils, transportation, counseling, and instructional 
            support to pass the high school exit examination.  

          2)Establishes the Targeted Pupil Equality Grant (TPEG), which 
            consolidates the funds of eight categorical programs into one 
            supplemental grant for allocation to school districts and 
            charter schools to provide services to English language 
            learner (ELL) and low-income pupils.  Further specifies 
            districts and charter schools will receive grant funding based 
            on a per pupil funding amount determined by the number of ELL 
            and low-income pupils, as specified.    

             a)   Consolidates current categorical programs that serve ELL 
               and low-income pupils into the TPEG, including Economic 
               Impact Aid (EIA), summer school, programs that serve ELL 
               parents, and specified charter school block grant funding.  









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             b)   Expresses legislative intent to provide an inflation and 
               equalization adjustment to the per pupil amount school 
               districts and charter schools receive under TPEG in any 
               fiscal year (FY) in which funds are available for this 
               purpose.  Further specifies intent to use the TPEG as the 
               basis for any weighted per pupil funding formula 
               established in the future.  

           FISCAL EFFECT  

          1)GF/98 reallocation of specified categorical program funds, in 
            the hundreds of millions.  The chart below details the 
            proposed funding grants specified in the bill (using 2010 
            Budget Act allocations).  

           ----------------------------------------------------------------- 
          | Base Revenue Limit  |   Targeted Pupil    |       Quality       |
          |       Grant1        |    Equity Grant     | Instructional Grant |
          |---------------------+---------------------+---------------------|
          |    $2.73 billion    |     $2 billion      |$1.63                |
          |                     |                     |billion              |
           ----------------------------------------------------------------- 
          1Assumes specified categorical funding is rolled into the base 
          revenue limit (general purpose) 

          2)GF/98 cost pressure, likely in the between $63.2 million and 
            $167.2 million, to provide an inflation adjustment to the 
            Targeted Pupil Equity and the Quality Instruction Grants, as 
            specified.  This assumes between a 1.67% and 5% adjustment.  
            For the last two years, the state has not provided an 
            inflation adjustment to categorical programs.  

          3)GF/98 cost pressure, likely in the hundreds of millions, to 
            provide an equalization adjustment to the Targeted Pupil 
            Equity and the Quality Instruction Grants, as specified.  

          4)GF administrative costs to the State Department of Education 
            (SDE), likely between $150,000 and $300,000, to make 
            recommendations regarding statutory and regulatory changes 
            that would be necessary to support the development, 
            implementation, and use of comprehensive school-level 
            financial data.  These costs include system changes to support 
            the reporting of this information by school districts.  

           SUMMARY, Continued
           







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          1)Establishes the Quality Instruction Grant (QIG), which 
            consolidates the funds of nine categorical programs into one 
            grant for allocation to school districts and charter schools 
            to provide specified services to pupils.  Further specifies 
            districts and charter schools will receive grant funding based 
            on a per pupil funding amount multiplied by ADA, as specified. 
               

             a)   Consolidates current categorical programs that provide 
               professional development to teachers/administrators for 
               various purposes and reduce class size in grades K-3 into 
               the QIG.  Further requires districts and charter schools to 
               use this funding for specified purposes, including reducing 
               class sizes; providing professional development and 
               mentoring to teachers/administrators; and establishing 
               teacher recruitment programs, as specified.  

             b)   Expresses legislative intent to provide an inflation and 
               equalization adjustment to the per pupil amount school 
               districts and charter schools receive under QIG in any 
               fiscal year (FY) in which funds are available for this 
               purpose.  

          2)Requires the Superintendent of Public Instruction (SPI), on or 
            before December 1, 2012, to make recommendations to the 
            Legislature and the governor concerning statutory and 
            regulatory changes that would be necessary to support the 
            development, implementation, and use of comprehensive 
            school-level financial data that would be used to produce 
            specified information.  

          3)Requires the SPI, on or before July 1, 2012, to make all 
            ministerial changes that are necessary to support the future 
            reporting of school-level financial data reporting by local 
            education agencies (LEAs), as specified.  

           COMMENTS  


           1)Purpose  .  In March 2007, the Institute for Research on 
            Education Policy & Practice released Getting Down to Facts: 
            School Finance and Governance in California (Loeb, Bryk, and 
            Hanushek), a research project intended to provide policymakers 
            and the public with comprehensive information about the status 
            of the state's school finance and governance systems. Getting 
            Down to Facts consists of several research reports addressing 







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            issues of school finance, governance, charter schools, and 
            special populations of pupils (English language learners 
            (ELLs), special education, etc.). In the area of school 
            finance, the reports argue that the current funding formula 
            for K-12 education is not meeting student outcome goals, 
            especially for students in poverty. Likewise, the reports 
            conclude that more money in the current finance system is 
            unlikely to dramatically improve student achievement, unless 
            accompanied by significant policy reforms. 


            The Governor's Committee on Education Excellence, established 
            in April 2005, is a non-partisan, privately funded group 
            charged with examining K-12 education in California and 
            recommending steps to improve the performance of public 
            schools. The 15-member committee focused on four interrelated 
            issues, including the distribution and adequacy of education 
            funding. 



            In April 2008, the Governor's Committee released its report 
            entitled Students First: Renewing Hope for California's 
            Future. The report provides a blue-print and specific 
            proposals on how to reform the state's educational system, 
            including funding formulas. 


            According to the author, "Specifically, The 22 studies of the 
            Getting Down to Facts Project were consistent in their 
            conclusions that California's current system is 
            overly-complex, irrational and burdensome and in need of 
            comprehensive reform. The complexity of the current system 
            poses a major obstacle to transparency and effectiveness.  It 
            is almost impossible to determine how much revenue each 
            district or school receives or how those revenues are spent, 
            let alone report this information to local communities and 
            stakeholders.  This is clearly the time to consider reforming 
            school finance - we know the current system is broken, we've 
            effectively dismantled a third of the system on a temporary 
            basis with flexibility, we (and more importantly districts) 
            don't know how we are going to exit the current flexibility."  
            This bill reforms the current K-12 school finance system.  


           2)Categorical program flexibility  .  As part of the February 2009 







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            budget package, SB 4 X3 (Ducheny), Third Extraordinary 
            Session, Chapter 12, Statutes of 2009, provided LEAs with 
            unprecedented fiscal and policy flexibility related to over 40 
            categorical programs between the 2008-09 FY and the 2012-13 
            FY. Specifically, any LEA that received funding for specified 
            categorical programs (including a majority of the programs 
            proposed for consolidation in this bill) in the 2008-09 FY is 
            authorized to use this funding for any other educational 
            purpose until the 2012-13 FY. The LEA may choose to continue 
            operating the categorical program that it received funding for 
            or redirect it for any other educational purpose it deems 
            appropriate. 


            SB 70 (Committee on Budget and Fiscal Review), Chapter 7, 
            Statutes of 2011, extended categorical flexibility until the 
            2014-15 FY. This bill establishes a new structure to 
            consolidate specified categorical programs into two new 
            grants.  This measure differs from the existing categorical 
            flexibility in that the funding provided is not entirely 
            discretionary; instead, school districts are required to use 
            the new grant funds for specified purposes. 

           3)Revenue limit funding  is the single largest source of support 
            for K-12 school districts and county offices of education, 
            accounting for approximately $30.1 billion in the 2010 Budget 
            Act. Of this amount, $20 billion is GF/98 and $11.1 billion is 
            local property tax funding. Revenue limits were initially 
            developed 30 years ago as a means of constraining growth in 
            high revenue districts. After Proposition 13, the state used 
            the revenue limit system to establish state funding levels. 


            AB 851 (Brownley), Chapter 374, Statutes of 2009, requires, as 
            of the 2010-11 FY, existing school district revenue limit 
            adjustments for the Meals for Needy Pupils program and minimum 
            teacher salaries to be rolled into the base revenue limit per 
            unit of average daily attendance for each district.  


            This bill rolls in the existing revenue limit adjustments for 
            unemployment insurance (UI) and the public employee retirement 
            system (PERS) (along with specified categorical programs) into 
            base revenue limit funding formula.  This measure also 
            requires the adjustments to be calculated based on a 15-year 
            average.  UI costs are approximately $215 million GF/98 and on 







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            average school districts receive about $45 per pupil.   
            According to the Legislative Analyst Office (LAO), UI costs 
            are expected to increase up to $445 million in the next year.  
            Likewise, the PERS adjustment is negative right now (-$157 
            million GF/98) and on average district receive a negative 
            offset of -$25 per pupil.  



           4)Previous legislation  .  



             a)   AB 2355 (Brownley), similar to this measure with respect 
               to the financial reporting provisions, was held by the 
               Senate Rules Committee in 2010.  


             b)   AB 8 (Brownley) required the Director of the Department 
               of Finance and the Legislative Analyst to convene a working 
               group to make findings and recommendations to the 
               Legislature and governor regarding the implementation of a 
               restructured school finance system, as specified. This bill 
               was vetoed by the governor with the following message: 


               "I continue to support reforming the school finance system 
               to make it less complex and more transparent to parents, 
               teachers, and the public. However, this bill merely 
               authorizes the convening of yet another working group that 
               can be accomplished without statutory authorization. I am 
               concerned that this bill provides the appearance of 
               activity without actually translating to achievement. The 
               lack of urgency in voting on the substantive issues put 
               forth in the education Special Session can be seen as yet 
               another example of that appearance. Since nothing under 
               current law prohibits the objectives of this bill from 
               being met, it is unnecessary." 



           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081 










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