BILL ANALYSIS Ó AB 18 Page 1 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. AB 18 Page 2 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 AB 18 Page 3 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 AB 18 Page 4 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 AB 18 Page 5 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 AB 18 Page 6 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 AB 18 Page 7