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.
begin delete 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 9% of those funds are used for purposes of professional development for certificated and administrative employees to implement the common core academic content standards, purchasing technology for the purpose of implementing
state assessments aligned with 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.end delete The bill would, commencing with the 2013-14 fiscal year, require begin delete these provisions to beend delete inoperative if funding for the specified categorical programs is not increased by 18% 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
begin delete subdivision (e),end delete
5 for the 2008-09 fiscal year to the 2019-20 fiscal year, inclusive,
6recipients of funds from the items listed in paragraph (2) may use
7funding received, pursuant to subdivision (b), from any of these
8items listed in paragraph (2) that are contained in Section 2.00 of
9the annual Budget Act, for any educational
begin delete purpose if, for each
10fiscal year from the 2013-14 fiscal year to the 2019-20 fiscal year,
11inclusive, the recipient uses at least 9 percent of the total amount
12of funds received pursuant to subdivision (b) for any, or a
13combination, of the following purposes:end delete
14(A) Professional development for certificated and administrative
15employees to implement the common core academic content
16standards established pursuant to Section 60605.8.
17(B) Purchasing technology for the purpose of implementing
18state assessments aligned with the common core academic content
20(C) Implementation of programs that integrate science,
21technology, engineering, and mathematics, as appropriate for pupils
22in grades 7 to 12, inclusive.
23(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
246110-122-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
256110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
266110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
276110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
286110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
296110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
306110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
316110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
326110-267-0001, 6110-268-0001, and 6360-101-0001 of Section
34(b) (1) For the 2009-10 fiscal year to the 2014-15 fiscal year,
35inclusive, the Superintendent or other administering state agency,
36as appropriate, shall apportion from the amounts provided in the
37annual Budget Act for the items enumerated in paragraph (2) of
38subdivision (a) an amount to recipients based on the same relative
P4 1proportion that the recipient received in the 2008-09 fiscal year
2for the programs funded through the items enumerated in paragraph
3(2) of subdivision (a).
4(2) This section and Section 42 of Chapter 12 of the Third
5Extraordinary Session of the Statutes of 2009 do not authorize a
6school district that receives funding on behalf of a charter school
7pursuant to Sections 47634.1 and 47651 to redirect this funding
8for another purpose unless otherwise authorized in law or pursuant
9to an agreement between a charter school and its chartering
10authority. Notwithstanding paragraph (1), for the 2008-09 fiscal
11year to the 2019-20 fiscal year, inclusive, a school district that
12receives funding on behalf of a charter school pursuant to Sections
1347634.1 and 47651 shall continue to distribute the funds to those
14charter schools based on the relative proportion that the school
15district distributed in the 2007-08 fiscal year, and shall adjust those
16amounts to reflect changes in charter school attendance in the
17school district. The amounts allocated shall be adjusted for any
18greater or lesser amount appropriated for the items enumerated in
19paragraph (2) of subdivision (a). For a charter school that began
20operation in the 2008-09 fiscal year, if a school district received
21funding on behalf of that charter school pursuant to Sections
2247634.1 and 47651, the school district shall continue to distribute
23the funds to that charter school based on the relative proportion
24that the school district distributed in the 2008-09 fiscal year and
25shall adjust the amount of those funds to reflect changes in charter
26school attendance in the school district. The amounts allocated
27shall be adjusted for any greater or lesser amount appropriated for
28the items enumerated in paragraph (2) of subdivision (a).
29(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year
30to the 2019-20 fiscal year, inclusive, the Superintendent shall
31apportion from the amounts appropriated by Item 6110-211-0001
32of Section 2.00 of the annual Budget Act an amount to a charter
33school in accordance with the per-pupil methodology prescribed
34in subdivision (c) of Section 47634.1.
35(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year
36to the 2019-20 fiscal year, inclusive, the Superintendent shall
37apportion from the amounts provided in the annual Budget Act an
38amount to a school district, charter school, and county office of
39education based on the same relative proportion that the local
40educational agency received in the 2007-08 fiscal year for the
P5 1programs funded through the following items contained in Section
22.00 of the annual Budget Act: 6110-104-0001, 6110-105-0001,
36110-156-0001, 6110-190-0001, Schedule (3) of 6110-193-0001,
46110-198-0001, 6110-232-0001, and Schedule (2) of
6(5) For purposes of paragraph (4), if a direct-funded charter
7school began operation in the 2008-09 fiscal year, the amount that
8the charter school was entitled to receive from the items
9enumerated in paragraph (4) for the 2008-09 fiscal year, as certified
10by the Superintendent in March 2009, is deemed to have been
11received in the 2007-08 fiscal year.
12(c) (1) This section does not obligate the state to refund or repay
13reductions made pursuant to this section. A decision by a school
14district to reduce funding pursuant to this section for a
15state-mandated local program shall constitute a waiver of the
16subvention of funds that the school district is otherwise entitled to
17pursuant to Section 6 of Article XIII B of the California
18Constitution on the amount so reduced.
19(2) (A) As a condition of receipt of funds, the governing board
20of the school district or governing board of the county office of
21education, as appropriate, at a regularly scheduled open public
22hearing shall take testimony from the public, discuss, approve or
23disapprove the proposed use of funding, and make explicit for each
24of the budget items in paragraph (2) of subdivision (a) the purposes
25 for which the funds will be used.
26(B) The regularly scheduled open public hearing held pursuant
27to subparagraph (A) shall be held before and independent of a
28meeting where the governing board of the school district or
29governing board of the county office of education adopts a budget.
30If the governing board intends to close a program funded by the
31items listed in paragraph (2) of subdivision (a), the governing board
32shall identify, in the notice of the agenda of the public hearing or
33at another public hearing, the program or programs proposed to
35(3) Using the Standardized Account Code Structure reporting
36process, a local educational agency shall report expenditures of
37funds pursuant to the authority of this section by using the
38appropriate function codes to indicate the activities for which these
39funds are expended. The department shall collect this information
40and provide it to the Department of Finance and the appropriate
P6 1policy and budget committees of the Legislature by April 15, 2010,
2and annually thereafter on April 15 until, and including, April 15,
4(d) For the 2008-09 fiscal year to the 2019-20 fiscal year,
5inclusive, local educational agencies that use the flexibility
6provision of this section shall be deemed to be in compliance with
7the program and funding requirements contained in statutory,
8regulatory, and provisional language, associated with the items
9enumerated in subdivision (a).
10(e) Notwithstanding subdivision (d), the following requirements
11shall continue to apply:
12(1) For Item 6110-105-0001 of Section 2.00 of the annual
13Budget Act, the amount authorized for flexibility shall exclude the
14funding provided to fund remedial educational services pursuant
15to Provision 4. For Item 6110-156-0001 of Section 2.00 of the
16annual Budget Act, the amount authorized for flexibility shall
17exclude the funding provided for instruction of CalWORKs-eligible
18students pursuant to Schedules (2) and (3) and Provisions 2 and
20(2) (A) Any instructional materials purchased by a local
21educational agency for kindergarten and grades 1 to 8, inclusive,
22and for grades 9 to 12, inclusive, shall be aligned with the state
23standards adopted pursuant to Section 60605 or 60605.8, and shall
24also meet the reporting and sufficiency requirements contained in
26(B) For purposes of this section, “sufficiency requirements” are
27the requirements that each pupil has sufficient textbooks and
28instructional materials in the four core areas as defined by Section
2960119 and that all pupils within the local educational agency who
30are enrolled in the same course shall have identical textbooks and
31instructional materials, as specified in Section 1240.3.
32(3) For Item 6110-195-0001 of Section 2.00 of the annual
33Budget Act, the item shall exclude moneys that are required to
34fund awards for teachers that have previously met the requirements
35necessary to obtain these awards, until the award is paid in full.
36(4) For Item 6110-266-0001 of Section 2.00 of the annual
37Budget Act, a county office of education shall conduct at least one
38site visit to each of the required schoolsites pursuant to Section
391240 and shall fulfill all of the duties set forth in Sections 1240
P7 1(5) For Item 6110-198-0001 of Section 2.00 of the annual
2Budget Act, a school district or county office of education that
3operates the child care component of the Cal-SAFE program shall
4comply with paragraphs (5) and (6) of subdivision (c) of Section
6(f) This section does not invalidate any state law pertaining to
7teacher credentialing requirements or the functions that require
9(g) (1) Commencing with the 2013-14 fiscal year,
begin delete this section :
10shall be inoperative if either of the following applyend delete
begin delete amountsend delete provided for the items
29enumerated in paragraph (2) of subdivision (a) for the 2013-14
begin delete areend delete increased by less than 18 percent over the amount
31provided for those items in the 2012-13 fiscal year.
32(B) A local control funding formula for kindergarten and grades
331 to 12, inclusive, is enacted during the 2013-14 legislative session.
7 34(2)end delete
35 If the department determines that this subdivision applies,
36it shall promptly display that fact prominently on the department’s
37Internet Web site.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P8 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.