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