BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 169|
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                                    CONSENT


          Bill No:  AB 169
          Author:   Torres (D)
          Amended:  3/25/11 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  10-0, 6/8/11
          AYES:  Lowenthal, Runner, Alquist, Blakeslee, Hancock, 
            Huff, Liu, Price, Simitian, Vargas
          NO VOTE RECORDED:  Vacancy
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  60-0, 4/14/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Education finance

           SOURCE  :     Los Angeles County Office of Education


           DIGEST  :    This bill defines school districts to include 
          county offices of education and other agencies or entities 
          so that the county offices and other agencies or entities 
          will be eligible for federal funding distributed by the 
          State Board of Education.   

           ANALYSIS  :    Existing law provides that whenever federal 
          aid to education is provided to the state, and the 
          disposition of the funds is not otherwise specified by 
          federal or state law, then the distribution of those funds 
          to local educational agencies shall be determined by the 
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          State Board of Education (SBE), consistent with the 
          requirements of federal law.

          Existing law provides for county boards of education and 
          county superintendents of schools to direct county offices 
          of education.  County offices of education (COEs) operate a 
          variety of alternative schools such as county community 
          schools, juvenile court schools, as well as Regional 
          Occupational Programs and Centers (ROP/C) and Special 
          Education Local Plan Areas (SELPA).  COEs also assist 
          school districts in a variety of ways, providing 
          instructional and financial support services and exercising 
          oversight over the fiscal condition of districts, among 
          other functions.  

          County offices have historically received federal funds 
          provided for services related to their areas of 
          responsibility, such as special education and neglected and 
          delinquent youth.  On the other hand, counties have often 
          not been eligible for federal funds under programs such as 
          the Title I basic grants because those programs are 
          distributed to schools on the basis of the characteristics 
          of pupils in an attendance area, and county schools serve 
          pupils that are referred to them, but do not serve pupils 
          on the basis of their residence in an attendance area.
           
           This bill defines school districts to include COEs and 
          "other agencies" so that the county offices and other 
          agencies will be eligible for federal funding distributed 
          by the SBE.   

           Comments  

          This bill serves a technical purpose in that it reconciles 
          existing ambiguous and seemingly interchangeable references 
          to "school districts" and "local education agencies" in 
          existing law, and thus clarifies that school districts, 
          COEs, and all other educational agencies deemed eligible 
          are required to be considered by the SBE when any 
          application or allocation of federal funds is being made.

           California Department of Education (CDE)  .  The CDE 
          indicates that there are no instances where federal 
          education funds are currently made available to school 







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          districts, but not to COEs or other agencies, unless there 
          is federal or state statute requiring that differentiation. 
           This is true despite there being no current statutory 
          requirement on the inclusion of COE or other educational 
          agencies.  This bill codifies current practice and 
          continues to ensure that all eligible educational entities 
          are included in federal funding opportunities available to 
          the state.

           Prior Legislation  

          AB 1683 (Torres), 2009-10 Session, was nearly identical to 
          this bill.  Passed the Senate with a vote of 33-0 on August 
          5, 2010.  The bill was subsequently vetoed by Governor 
          Schwarzenegger, whose veto message read, in pertinent part: 
           

            "Nothing in current law prohibits county offices of 
            education from receiving federal funds consistent with 
            federal law.  The Administration does not have any 
            evidence that county offices of education have been 
            denied access to federal dollars that should 
            appropriately be distributed to them.  Therefore, it is 
            unclear why the statutory change in this bill is 
            necessary.

            "However, I am directing the State Board of Education to 
            be especially cognizant of this issue and be diligent 
            about working with the State Department of Education and 
            the county offices of education to ensure that no 
            inadvertent omissions occur in the future."

          AB 339 (Torres), 2009-10 Session, was also nearly to this 
          bill.  Passed the Senate with a vote of 34-0 on July 9, 
          2009.  The bill was subsequently vetoed by Governor 
          Schwarzenegger, whose veto message read, in pertinent part:

            "This bill would define 'school districts' to include 
            school districts, county offices of education, and other 
            agencies deemed eligible pursuant to state and federal 
            law, for the purpose of allocating federal education 
            funds.  However, in its current form, I am concerned that 
            the bill may have unintended consequences for charter 
            schools and/or other educational agencies currently 







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            eligible for these federal funds." 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  6/28/11)

          Los Angeles County Office of Education (source)
          Alameda County Board of Education
          Alameda County Office of Education's Alliance for the Arts 
            Learning Leadership
          Alameda County Superintendent of Schools
          California School Boards Association
          Kern County Superintendent of Schools
          Monterey County Office of Education
          Riverside County Superintendent of Schools

           ARGUMENTS IN SUPPORT  :    According to the bill's sponsor, 
          the Los Angeles County Office of Education, "County offices 
          of education play a vital role in providing educational 
          programs and services for students, parents, school 
          district and the community.  Often the students served by 
          county offices of education are at-risk students.  These 
          students are the type of young people many of these 
          federally funded programs are intended to serve.  AB 169 
          will ensure that these pupils are not inadvertently left 
          out when federal funds are allocated."

          According to the author's office, this bill clarifies that 
          the state allocations of federal funds to school districts 
          also include county offices of education.  This bill 
          provides equity in funding county offices of education.  
          County offices of education play a vital role in providing 
          educational programs and services for students, parents, 
          school districts and the community.  This bill will ensure 
          the county offices are not inadvertently left out when 
          federal funds are allocated. 


           ASSEMBLY FLOOR  :  60-0, 4/14/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Campos, Carter, Cedillo, Chesbro, 
            Cook, Davis, Dickinson, Donnelly, Eng, Fletcher, Fong, 







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            Fuentes, Furutani, Gatto, Gordon, Hagman, Halderman, 
            Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Miller, 
            Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea, 
            V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, 
            Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada, 
            John A. Pérez
          NO VOTE RECORDED:  Alejo, Butler, Charles Calderon, Conway, 
            Feuer, Galgiani, Garrick, Gorell, Grove, Harkey, Jones, 
            Knight, Logue, Mansoor, Mendoza, Morrell, Olsen, Wagner, 
            Williams, Vacancy


          CPM:mw  6/28/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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