BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 948 (Olsen) - Charter School Facility Grant Program Amended: As Proposed to be AmendedPolicy Vote: Education 9-0 Urgency: No Mandate: No Hearing Date: August 14, 2014 Consultant: Jacqueline Wong-Hernandez SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: AB 948 expands eligibility for the Charter School Facility Grant (CSFG) Program in any year in which additional funds remain after state and federal funds have been allocated, by reducing the free and reduced-price meals threshold one percentage point at a time, from 70 to 60 percent. Fiscal Impact (as approved on August 14, 2014): By expanding CSFG program eligibility and use of funding, this bill will result in a loss of annual state savings in the millions of dollars. The exact amount will be determined by the CSFG program balance each year. See staff comments. Background: The CSFG Program provides assistance with facilities rent and lease costs for pupils in charter schools. Subject to the annual Budget Act, eligible schools receive an amount up to $750 per unit of average daily attendance (ADA) to provide an amount up to 75% of the charter school's annual facilities rent and lease costs. In any fiscal year in which there are insufficient funds to fully fund the approved amounts, the Superintendent of Public Instruction (SPI) is required to apportion the available funds on a pro rata basis. The Budget Act of 2013 shifted the program's administration to the California School Finance Authority. Charter schools are eligible, subject to certain other conditions, for the CSFG funding if either of the following conditions are met: a) they are physically located in the attendance area of a public elementary school in which 70% or more of the pupil enrollment is eligible for free or reduced price meals, and the school gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school AB 948 (Olsen) Page 1 attendance area where the charter school is located; or, b) 70% or more of the pupils enrolled at the charter school are eligible for free or reduced price meals. CSFG funding must be used for costs associated with facilities rents and leases, as specified, and may also be used for costs associated with remodeling of a building, deferred maintenance, initially installing or extending service systems and other built-in equipment, and improving sites. (Education Code § 47614.5) Proposed Law: AB 948 provides that in any year in which additional funds remain after state and federal funds have been allocated to applicants that meet the CSFG program's existing eligibility criteria, the California Department of Education (CDE) shall expand eligibility to additional schools that are eligible by reducing the free and reduced-price meals threshold one percentage point at a time, but not below 60%. This bill eliminates legislative intent language specifying that not less than eighteen million dollars annually be appropriated for purposes of the grant program on the same basis as other elementary and secondary education categorical programs, and provides that a charter school shall be subject to audits for purposes of this program. Staff Comments: The purpose of this bill is to expend more CSFG funding on charter schools, to offset their rent and leasing costs, in accordance with the intention of the CSFG program. As noted in Senate Education Committee analysis, funding for the CSFG Program has recently increased due to the requirement that funding for the Year Round School Grant Program be phased out and transferred to the CSFG Program over a 5-year period pursuant to SB 658 (Romero) Ch. 274/2008. The last transfer was made as part of the 2012 Budget Act, and resulted in a program total of $92 million Proposition 98 General Fund. The Budget Act of 2013 includes $92 million Proposition 98 General Fund for the program, and moves it under the administration of the California School Finance Authority. The CSFG program has not been able to fully expend its entire appropriation, and does not expect to be able to this year. For the 2011-12 fiscal year, approximately $13.9 million was unspent and returned to the General Fund. Unspent Proposition 98 General Fund from any program can be reappropriated for other K-14 AB 948 (Olsen) Page 2 educational purposes. By lowering the free and reduced-price meal threshold, this bill will make more charter schools eligible for CSFG funding, and reduce state savings from the program. The bill expands the eligibility one percentage point at a time until either the remaining funds are fully expended, or the all charter schools at which at least 60% of their pupils are eligible for free or reduced price meals have received funding. This bill specifies that the expanded eligibility would only apply when there is still money remaining after all charter schools meeting the original criteria have been fully funded; the cost annual cost would be up to the remaining fund balance. Staff notes that if this bill begins providing additional funding to charter schools in the 60%-69% low-income pupil range, and in subsequent years there are insufficient funds to do so, there will be cost pressure to continue to fund those charter schools which may have begun to rely on that annual CSFG funding Committee Amendments recast the provisions to prevent the chaptering out of other recent changes to the code sections amended by this bill.