BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    SB 85|
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                              UNFINISHED BUSINESS


          Bill No:  SB 85
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  6/14/11
          Vote:     27  Urgency 

           
          PRIOR SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Budget Act of 2011:  education finance

           SOURCE  :     Author


           DIGEST  :    This bill contains the necessary statutory and 
          technical changes in the area of education in order to 
          implement changes to the Budget Act of 2011.   

           ANALYSIS  :    

           K-12 Provisions  

          1.Eliminates approximately $3 billion in new and prior-year 
            revenue limit and apportionment deferrals, decreasing 
            annual inter-year payment deferrals to K-12 schools from 
            $9.4 billion to $6.4 billion in 2011-12.  As a part of 
            this reduction, the buydown utilizes $663 million in 
            one-time General Fund payments scored in satisfaction of 
            outstanding Proposition 98 "settle-up" obligations.   

          2.Updates revenue limit deficit factors for school district 
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            and county of education to reflect ongoing base 
            reductions and foregone cost-of-living adjustments for 
            K-12 revenue limit (general purpose) funding in 2011-12.  
            More specifically, establishes a school district deficit 
            factor of 19.754% and a county office of education factor 
            of 20.041% in 2011-12.  Deficit factors track lost 
            revenue limit funding in recent years with the intent of 
            eventual restoration in future years.  

          3.Amends and repeals various sections of the Education, 
            Government, and Welfare and Institutions Codes to repeal 
            the state AB 3632 mandate program, which mandated 
            counties to provide mental health services to students 
            with disabilities.  As a result of this elimination, 
            responsibility for educationally related mental health 
            services, as required by federal law for student with 
            disabilities, is shifted back to schools.  

          4.Amends an existing categorical funding formula to provide 
            $127 per pupil to new, non-conversion charter schools 
            established after 2008-09.  This formula funding gives 
            non-conversion charters schools access to categorical 
            funds included in the categorical flexibility program 
            that began in 2008-09.  Requires school districts to pass 
            through either $127 per pupil or another mutually agreed 
            upon amount in categorical funding to new conversion 
            charter schools.   

          5.Renumbers Education Code Section 60422.3 to Section 60049 
            to correct a technical error in statute.  

           Child Care & Development Programs

           1.Reduces the across-the-board unallocated reduction to all 
            the child care services from 15% to 11%, effective July 
            1, 2011.

          2.Reinstates child care services for 11- to 12-year olds, 
            which had been scheduled for elimination by July 1, 2011.

          3.Amends the before and after school programs to provide 
            preferred placement for children who are 11 or 12-years 
            of age, as originally established before the March budget 
            changes.

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          4.Repeals the increase family fee schedule by 10%, which 
            had been scheduled for implementation by July 1, 2011.

          5.Establishes the Early Learning Advisory Council within 
            the State Department of Education.

           Higher Education 

          1  .Reduces the community colleges deferral payment enacted 
            in the March budget package, from $961 million to $560.8 
            million for fiscal year 2011-12, to be appropriated in 
            July of the 2012-13 Fiscal Year.

          2.Suspends two mandates (Response Procedures and Student 
            Records), both of which are already required by federal 
            law.

          3.Eliminates California State University duplicative audits 
            that are currently required biennially at each of the 23 
            campuses, which the university already incorporates into 
            their system wide annual financial statement report.

          4.Makes a technical correction to ensure that the 
            institutions that become ineligible due to their 
            Three-Year Cohort Default Rate exceeding the established 
            threshold for the 2012-13 academic year and every 
            academic year thereafter, shall be ineligible for initial 
            and renewal Cal Grant awards at that institution.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  Yes



          CPM:cm  6/15/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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