AB 1186, as amended, Bonilla. School finance: categorical programs.
Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008-09 to 2014-15 fiscal years, inclusive, to apportion from the amounts provided in the annual Budget Act for specified categorical education programs an amount based on the relative proportion that the local educational agency received in the 2008-09 fiscal year for those programs and authorizes school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law requires a local educational agency to report expenditures of these funds to the State Department of Education.
This bill would require the Superintendent to apportion from
the amounts provided in the annual Budget Act for specified categorical education programs an amount based on the relative proportion that the local educational agency received in the 2008-09 fiscal year for those programs, through the 2019-20 fiscal year. The bill would authorize school districts, for each fiscal year from the 2013-14 fiscal year to the 2019-20 fiscal year, inclusive, to use these funds for any educational purpose, with specified exceptions and to the extent permitted by federal law, if at least
begin delete 7%end delete of those funds are used for purposes of professional development for certificated and administrative employees to implement the common core academic content standards, or implementation of programs that integrate science, technology, engineering, and math, as appropriate for pupils in grades 7 to 12, inclusive, or a combination of those purposes. The bill would, commencing with the 2013-14 fiscal year, require these provisions to be inoperative if funding for the specified categorical programs is not increased by begin delete 15%end delete from that funding for the prior fiscal year or if a local control funding formula for kindergarten and grades 1 to 12, inclusive, is enacted during the 2013-14 legislative session. By extending the period of time that a local educational agency is required to report expenditures of funds received pursuant to this provision to the department, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 42605 of the Education Code is amended
(a) (1) Unless otherwise prohibited under federal law
4or otherwise specified in subdivision (e), for the 2008-09 fiscal
5year to the 2019-20 fiscal year, inclusive, recipients of funds from
6the items listed in paragraph (2) may use funding received, pursuant
7to subdivision (b), from any of these items listed in paragraph (2)
8that are contained in Section 2.00 of the annual Budget Act, for
9any educational purpose if, for each fiscal year from the 2013-14
10fiscal year to the 2019-20 fiscal year, inclusive, the recipient uses
begin delete 7end delete percent of the total amount of
funds received pursuant
P3 1to subdivision (b) for
begin delete either,end delete or a combination, of the following
3(A) Professional development for certificated and administrative
4employees to implement the common core academic content
5standards established pursuant to Section 60605.8.
10 Implementation of programs that integrate science,
11technology, engineering, and mathematics, as appropriate for pupils
12in grades 7 to 12, inclusive.
13(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
146110-122-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
156110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
166110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
176110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
186110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
196110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
206110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
216110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
226110-267-0001, 6110-268-0001, and 6360-101-0001 of Section
24(b) (1) For the 2009-10 fiscal year to the 2014-15 fiscal year,
25inclusive, the Superintendent or other administering state agency,
26as appropriate, shall apportion from the amounts provided in the
27annual Budget Act for the items enumerated in paragraph (2) of
28subdivision (a) an amount to recipients based on the same relative
29proportion that the recipient received in the 2008-09 fiscal year
30for the programs funded through the items enumerated in paragraph
31(2) of subdivision (a).
32(2) This section and Section 42 of Chapter 12 of the Third
33Extraordinary Session of the Statutes of 2009 do not authorize a
34school district that receives funding on behalf of a charter school
35pursuant to Sections 47634.1 and 47651 to redirect this funding
36for another purpose unless otherwise authorized in law or pursuant
37to an agreement between a charter school and its chartering
38authority. Notwithstanding paragraph (1), for the 2008-09 fiscal
39year to the 2019-20 fiscal year, inclusive, a school district that
40receives funding on behalf of a charter school pursuant to Sections
P4 147634.1 and 47651 shall continue to distribute the funds to those
2charter schools based on the relative proportion that the school
3district distributed in the 2007-08 fiscal year, and shall adjust those
4amounts to reflect changes in charter school attendance in the
5school district. The amounts allocated shall be adjusted for any
6greater or lesser amount appropriated for the items enumerated in
7paragraph (2) of subdivision (a). For a charter school that began
8operation in the 2008-09 fiscal year, if a school district received
9funding on behalf of that charter school pursuant to Sections
1047634.1 and 47651, the school district shall continue to distribute
11the funds to that charter school based on the relative proportion
12that the school district distributed in the 2008-09 fiscal year and
13shall adjust the amount of those funds to reflect changes in charter
14school attendance in the school district. The amounts allocated
15shall be adjusted for any greater or lesser amount appropriated for
16the items enumerated in paragraph (2) of subdivision (a).
17(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year
18to the 2019-20 fiscal year, inclusive, the Superintendent shall
19apportion from the amounts appropriated by Item 6110-211-0001
20of Section 2.00 of the annual Budget Act an amount to a charter
21school in accordance with the per-pupil methodology prescribed
22in subdivision (c) of Section 47634.1.
23(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year
24to the 2019-20 fiscal year, inclusive, the Superintendent shall
25apportion from the amounts provided in the annual Budget Act an
26amount to a school district, charter school, and county office of
27education based on the same relative proportion that the local
28educational agency received in the 2007-08 fiscal year for the
29programs funded through the following items contained in Section
302.00 of the annual Budget Act: 6110-104-0001, 6110-105-0001,
316110-156-0001, 6110-190-0001, Schedule (3) of 6110-193-0001,
326110-198-0001, 6110-232-0001, and Schedule (2) of
34(5) For purposes of paragraph (4), if a direct-funded charter
35school began operation in the 2008-09 fiscal year, the amount that
36the charter school was entitled to receive from the items
37enumerated in paragraph (4) for the 2008-09 fiscal year, as certified
38by the Superintendent in March 2009, is deemed to have been
39received in the 2007-08 fiscal year.
P5 1(c) (1) This section does not obligate the state to refund or repay
2reductions made pursuant to this section. A decision by a school
3district to reduce funding pursuant to this section for a
4state-mandated local program shall constitute a waiver of the
5subvention of funds that the school district is otherwise entitled to
6pursuant to Section 6 of Article XIII B of the California
7Constitution on the amount so reduced.
8(2) (A) As a condition of receipt of funds, the governing board
9of the school district or governing board of the county office of
10education, as appropriate, at a regularly scheduled open public
11hearing shall take testimony from the public, discuss, approve or
12disapprove the proposed use of funding, and make explicit for each
13of the budget items in paragraph (2) of subdivision (a) the purposes
14for which the funds will be used.
15(B) The regularly scheduled open public hearing held pursuant
16to subparagraph (A) shall be held before and independent of a
17meeting where the governing board of the school district or
18governing board of the county office of education adopts a budget.
19If the governing board intends to close a program funded by the
20items listed in paragraph (2) of subdivision (a), the governing board
21shall identify, in the notice of the agenda of the public hearing or
22at another public hearing, the program or programs proposed to
24(3) Using the Standardized Account Code Structure reporting
25process, a local educational agency shall report expenditures of
26funds pursuant to the authority of this section by using the
27appropriate function codes to indicate the activities for which these
28funds are expended. The department shall collect this information
29and provide it to the Department of Finance and the appropriate
30policy and budget committees of the Legislature by April 15, 2010,
31and annually thereafter on April 15 until, and including, April 15,
33(d) For the 2008-09 fiscal year to the 2019-20 fiscal year,
34inclusive, local educational agencies that use the flexibility
35provision of this section shall be deemed to be in compliance with
36the program and funding requirements contained in statutory,
37regulatory, and provisional language, associated with the items
38enumerated in subdivision (a).
39(e) Notwithstanding subdivision (d), the following requirements
40shall continue to apply:
P6 1(1) For Item 6110-105-0001 of Section 2.00 of the annual
2Budget Act, the amount authorized for flexibility shall exclude the
3funding provided to fund remedial educational services pursuant
4to Provision 4. For Item 6110-156-0001 of Section 2.00 of the
5annual Budget Act, the amount authorized for flexibility shall
6exclude the funding provided for instruction of CalWORKs-eligible
7students pursuant to Schedules (2) and (3) and Provisions 2 and
9(2) (A) Any instructional materials purchased by a local
10educational agency for kindergarten and grades 1 to 8, inclusive,
11and for grades 9 to 12, inclusive, shall be aligned with the state
12standards adopted pursuant to Section 60605 or 60605.8, and shall
13also meet the reporting and sufficiency requirements contained in
15(B) For purposes of this section, “sufficiency requirements” are
16the requirements that each pupil has sufficient textbooks and
17instructional materials in the four core areas as defined by Section
1860119 and that all pupils within the local educational agency who
19are enrolled in the same course shall have identical textbooks and
20instructional materials, as specified in Section 1240.3.
21(3) For Item 6110-195-0001 of Section 2.00 of the annual
22Budget Act, the item shall exclude moneys that are required to
23fund awards for teachers that have previously met the requirements
24necessary to obtain these awards, until the award is paid in full.
25(4) For Item 6110-266-0001 of Section 2.00 of the annual
26Budget Act, a county office of education shall conduct at least one
27site visit to each of the required schoolsites pursuant to Section
281240 and shall fulfill all of the duties set forth in Sections 1240
30(5) For Item 6110-198-0001 of Section 2.00 of the annual
31Budget Act, a school district or county office of education that
32operates the child care component of the Cal-SAFE program shall
33comply with paragraphs (5) and (6) of subdivision (c) of Section
35(f) This section does not invalidate any state law pertaining to
36teacher credentialing requirements or the functions that require
38(g) (1) Commencing with the 2013-14 fiscal year, this section
39shall be inoperative if either of the following apply:
P7 1(A) The amounts provided for the items enumerated in paragraph
2(2) of subdivision (a) for the 2013-14 fiscal year are increased by
begin delete 15end delete percent over the amount provided for those items
4in the 2012-13 fiscal year.
5(B) A local control funding formula for kindergarten and grades
61 to 12, inclusive, is enacted during the 2013-14 legislative session.
7(2) If the department determines that this subdivision applies,
8it shall promptly display that fact prominently on the department’s
9Internet Web site.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.