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  








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          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  








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          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.