BILL ANALYSIS Ó SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW Mark Leno, Chair Bill No: SB 81 Author: Budget and Fiscal Review As Amended: January 30, 2012 Consultant: Kim Connor Fiscal: Yes Hearing Date: February 2, 2012 Subject: School Transportation Programs: Funding Summary: Restores $248 million in Proposition 98 General Funds for school transportation programs in 2011-12, and instead applies a reduction of $248 million in Proposition 98 General Funds to school districts and county offices of education revenue limits in 2011-12. Specifically, this bill: 1) Increases the school district revenue limit deficit factor by 0.65 percent -- from 19.754 percent to 20.404 percent - in 2011-12. This adjustment reduces school district and charter school revenue limit funding in the current year in order to fully offset restoration of funding for school transportation programs in 2011-12. 2) Increases the county office of education revenue limit deficit factor by 0.65 percent -- from 20.041 percent to 20.691 percent - in 2011-12. This adjustment reduces county office of education revenue limit funding in the current year in order to fully offset restoration of funding for school transportation programs in 2011-12. 3) Increases the reduction to categorical programs for Basic Aid districts in 2011-12 by 0.65 percent -- from 8.92 percent to 9.57 percent. This ensures a "fair share" reduction commensurate with the revenue limit reduction for non-Basic Aid school districts in 2011-12. Basic Aid districts are defined as districts that do not receive state funding for revenue limits. 4) Makes an appropriation of $248,000,000 from -1- Proposition 98 General Funds to the State Department of Education, for transfer to Section A of the State School Fund, to restore funding for the Home-to-School Transportation (HTST) program and Small School District Bus Replacement program in 2011-12. 5) Declares this measure is to take effect immediately as a bill providing for appropriations related to the Budget Bill. Existing Law: 1) Provides discretionary funding to school districts, county offices of education, and charter schools to support the general costs of operating schools. These funds are provided based on a formula that takes their average daily attendance over the course of the year and multiplies it by their individual funding rate, known as a revenue limit. 2) Requires, for the 2011-12 school year, that the revenue limit for each school district and county office of education be reduced pursuant to a specified formula, known as a deficit factor. 3) Provides categorical program funding for school district and county office of education transportation costs based on the amount received for that purpose in the prior year, or the agencies' actual transportation costs, whichever is less. Existing law also requires school districts and county offices of education to provide transportation services for student with disabilities, as specified in the students' individualized education program. In addition, existing law also provides categorical grant funding to small schools districts for purposes of bus replacement. Fiscal Effect: This bill is funding neutral to the state budget. This bill replaces a $248 million General Fund (Proposition 98) reduction for school transportation programs in 2011-12 with a $248 million General Fund -2- (Proposition 98) that includes reductions for school district and county office revenue limits, and Basic Aid categorical programs in 2011-12. (Basic Aid school districts take a "fair share" reduction, to the extent they are not limited by Constitutional funding minimums.) While there is no fiscal effect at the state level, the revenue limit reductions implemented by this bill will have a different effect on school districts, county offices of education, and charter schools than the school transportation program reductions implemented pursuant law to current law. Comments: Background on HTST Program. The HTST program provides funds to offset school district cost to transport students to and from home and school. Allocations are based on either a district's prior year allocations or approved costs, whichever is less. In the 1992-93 fiscal year, school districts were required to establish a base year of funding for both home-to-school and special education transportation funding. All future allocations of this funding are based on the amount districts received in 1992-93. 2011-12 Budget Act. The 2011-12 Budget Act provided a total of $496 million in Proposition 98 General Fund for the HTST Program. Of this amount, $491 million is provided for Pupil Transportation, which includes both allocations for home-to-school transportation and allocations for some pupils with disabilities, specifically "severely disabled and orthopedically impaired" pupils. Another $5 million is provided for the Small School District Bus Replacement program. AB 121 (Chapter 41; Statutes of 2011) authorized additional reductions to school transportation appropriations in the Budget Act that would be "triggered" if state revenue estimates fall below specified levels. In December 2011, the Department of Finance applied the trigger cut to the HTST Program, which resulted in the elimination of the remaining half year of funding for the program in 2011-12. A trigger cut of $79.6 million was also applied to revenue -3- limit funding pursuant to AB 121. This bill would restore the trigger cut for the HTST program and replace it with an additional revenue limit cut to school districts and county offices of education. Governor Proposes to Eliminate HTST Program in 2012-13. The Governor proposes to eliminate funding for the HTST program in 2012-13 for a savings of $496 million. The Governor also proposes eliminating most other categorical programs and instead would provide districts with a new weighted pupil formula in an effort to make more funds discretionary for school districts. -4-