BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: AB 18 AUTHOR: Brownley AMENDED: June 19, 2012 FISCAL COMM: Yes HEARING DATE: June 27, 2012 URGENCY: No CONSULTANT:Daniel Alvarez SUBJECT : California School Finance Commission. SUMMARY This bill creates the California School Finance Commission to review and analyze alternative formulas for allocating funds to public schools and to identify and recommend a formula or formulas that best meet the needs of California's public school system and public school pupils. BACKGROUND 1) Provides for Revenue Limit (base discretionary) funding for school districts that is, in part, based on average daily attendance (ADA), where ADA is calculated by dividing the number of days of attendance for all pupils enrolled in the district by the number of instructional days in the district's fiscal year, and a day of attendance is generally defined as a minimum number of instructional minutes (specific to grade level) in a classroom setting with a certificated employee of the school district present. The funding computation uses the annual ADA reported by each district in the last attendance report of the fiscal year, for the current or prior fiscal year, whichever is greater. Total Revenue Limit (local property taxes plus state General Fund) funding for a district is then calculated by multiplying the district's set (per pupil) base revenue limit by ADA. 2) Provides, historically in specific years, funding and a mechanism for equalizing school district revenue limits by increasing the base revenue limit for some set of low revenue limit districts. AB 18 Page 2 3) 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. 4) Consolidates a number of historical categorical programs into a smaller set of block grants, where a block grant gives funding recipients the flexibility to spend the funds across any of the previously individual programs consolidated into that block grant. 5) Allows for limited transfers of funds between specific categorical programs. 6) Provides for temporary flexibility to spend the funds appropriated for nearly all categorical programs in order to relieve local budget pressure created by the current economic downturn. 7) Requires that each school district produce an annual school accountability report card for each school in the district, including various specific data elements describing the school and its condition. 8) Requires the development of the California Longitudinal Pupil Achievement Data System, and authorizes the use of Standardized Account Code Structure, developed by the California Department of Education, to account for revenues and expenditures. ANALYSIS This bill creates the California School Finance Commission to review and analyze alternative formula(s) for allocating funds to public schools and to recommend a formula or formulas that best meet the needs of California's public school system and public school pupils. More specifically, this bill: 1) Specifies criteria to evaluate different funding formulas to include, but not be limited to: a) The degree any formula results in a level of AB 18 Page 3 funding for local educational agencies that match that particular local educational agency's (LEA's) needs as determined by pupil demographics, grade level enrollment, regional cost differences, and other factors identified by the commission. b) The degree a formula facilitates the attainment of educational policy objectives. c) The degree a formula can be modified over time to reflect changing conditions and policy objectives. d) The degree the formula can be easily administered and understood by policy makers and the public. 1) Requires the membership of the commission shall consist of 13 members, who must represent the diversity of the state population, and who shall be appointed as follows: a) Six members appointed by the Governor. b) Three members appointed by the Speaker of the Assembly. c) Three members appointed by the Senate Rules Committee. 2) Specifies legislative intent the commission include representation from urban, suburban, and rural school districts; currently employed teachers, administrators, and classified school employees; school board members; parents; historically underserved pupil populations; and members of the research community with expertise in school finance. 3) Requires the Superintendent of Public Instruction or their designee to be a member and serve as chair of the commission. 4) Requires the commission to do the following: a) Identify key issues related to the fair, AB 18 Page 4 efficient, and equitable distribution of resources among and within LEAs; b) Identify means that a funding formula(s) can maximize local decision-making authority while ensuring statewide policy objectives are met; c) Solicit comments and suggestions from professional educators and administrators, parents, school finance experts, and other interested parties. d) Develop alternative formulas for distributing resources to LEAs. The formulas to be considered shall include, but not be limited to the following: i) Modifications to the current system of general purpose funding, plus categorical program funding. ii) General purpose funding, plus categorical program block grants. iii) A weighted pupil formula. e) Simulate the distribution of funds under alternative formula(s). f) Identify, for each formula simulated, a target level of funding for each LEA. 1) Requires the commission to report its findings and recommendations to the Legislature on or before February 1, 2013. 2) Defines "local educational agency" as school districts, county offices of education, and charter schools. 3) Defines "target level of funding" as the level of funding not less than the amount yielded when a formula is applied to the total level of funding, exclusive of federal and lottery funds, allocated to LEAs for the 2012-13 fiscal year, plus the school AB 18 Page 5 district share of the outstanding maintenance factor as of July 1, 2012. 4) Sunsets as of July 1, 2013. STAFF COMMENTS 1) Need for the bill . According to the author, there is growing consensus that the current system of allocating funds to school districts is too complex and confusing, does a poor job of matching resources to district needs, and restricts the ability of local district officials to make budgetary decisions that are in the best interests of their students. As introduced, AB 18 addressed these issues by putting most categorical programs into one of four block grants. The block grant approach simplified funding and gave districts more flexibility over the use of categorical funds (i.e., extending much of the flexibility that is scheduled to expire after 2013-14). It also provided a basis for growing into a more equitable distribution of funds, based on student demographics, over time. In January, Governor Brown proposed a Weighted Pupil Funding (WPF) formula as part of his budget proposal. That proposal would have collapsed nearly all categorical program funding, along with revenue limit funding, into a single formula containing a base amount of funding per pupil, plus an additional "weighted" amount for English learners and pupils from low income families. That proposal, which was never put into bill form for consideration by policy committees, raised a number of policy questions regarding the proper amount for the base grant and weights, which categorical programs (if any) should be excluded from the formula, what restrictions (if any) should be placed on the use of funds, the role of accountability, etc. Because the proposal was not submitted to the Legislature as a bill, there was never a formal opportunity for legislators and other interested parties to publicly consider these issues. AB 18, as amended, establishes a process to do that as well as AB 18 Page 6 to consider alternative approaches to reforming school finance. The intent of AB 18 is to provide an opportunity for each house of the Legislature, the Governor, the Superintendent of Public Instruction and the public to engage in conversations, consider options, and make recommendations in time to inform legislation for possible introduction in 2013. 2) This measure would provide broader perspective, balance, insight, and public input . This bill would "provide state policymakers with a comprehensive plan to reform the current education finance system, to leverage and support pupil achievement by making California's funding system simpler, more transparent, and more effective. This bill is intended to bridge the gap between the academic conclusions of the Getting Down to Facts studies and specific legislative proposals. Historical discussions concerning the transition from one funding scheme to another have generally focused on making the change in one step, while sorting out those winners that gain funding and those losers that receive less funding. Major studies in the recent past have addressed the need for school finance reform but the current fiscal environment makes it virtually impossible to undertake any major restructuring. Major revisions undertaken with no additional funds, require that some districts lose funding if others gain. Since studies agree that all school districts are under financed -- in order for our state's pupil population to reach an academic threshold of 800 as measured by the state's academic performance index - it make sense to take funds for one inadequately funded school(s) funding system in order to try to improve or move to another? 3) This measure envisions quick action and response . It is admirable that this measure envisions the selection of commission members, identification of key issues, solicitation of public input, and development of formulas and recommendations in an expedited manner. However, the compressed timeline for reporting and the limited number of commission members may not be able to (a) provide meaningful representation as envisioned by this bill, or (b) to perform multiple functions of analysis and review in a subcommittee setting, where necessary and appropriate. AB 18 Page 7 If the Committee chooses to pass this bill, then staff recommends amendments as follows: a) Technical amendment change from commission to task force. b) Increase membership of the commission from 13 to 19 members of which eight are appointed by the Governor, five appointed by the Speaker of the Assembly, and five appointed by the Senate Rules Committee, with the SPI serving as chair of the task force. Maintain SPI as chairperson and member of the task force. c) Extend the reporting deadline to on or before April 1, 2013. Furthermore, committee staff recommends that the author keeps committee staff informed on any issues as the bill moves forward - since both Education Committees of the Legislature were committed to a joint hearing on May 9th of the governor's weighted pupil funding formula (which was ultimately cancelled at the request of the administration). 1) Prior legislation . AB 8 (Brownley, 2009) required the Director of Finance and the Legislative Analyst to convene a working group to make findings and recommendations to the Legislature and the Governor regarding the implementation of a restructured school finance system. AB 2159 (Brownley, 2008) would have established a Funding and Accountability Commission for Transparency and Simplicity (FACTS) to provide policymakers with a comprehensive plan to reform the education finance system. The commission was composed of an unspecified number of members representing the education and business communities, parents and the research community with expertise in educational policy and best practices. By contrast, AB 8 would have created a working group comprised of representatives of state policy makers, together with stakeholders and experts. AB 18 Page 8 AB 2159 was held in the Senate Rules Committee in August 2008. SUPPORT Public Advocates OPPOSITION None on this version