BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 97
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        SENATE THIRD READING
        SB 97 (Budget and Fiscal Review Committee)
        As Amended  August 28, 2013
        Majority vote.  Budget Bill Appropriation Takes Effect Immediately 

         SENATE VOTE  :Vote not relevant  
         
         BUDGET              14-10                                        
        

         -------------------------------- 
        |Ayes:|Skinner, Bloom, Campos,   |
        |     |Chesbro, Daly, Dickinson, |
        |     |Gordon,                   |
        |     |Jones-Sawyer, Mitchell,   |
        |     |Mullin, Muratsuchi,       |
        |     |Nazarian, Stone, Ting     |
        |     |                          |
        |-----+--------------------------|
        |Nays:|Gorell, Chávez, Grove,    |
        |     |Harkey, Mansoor,          |
        |     |Melendez, Morrell,        |
        |     |Nestande, Patterson,      |
        |     |Wagner                    |
        |     |                          |
         -------------------------------- 
         SUMMARY  :  Makes various technical and clarifying changes to statutes  
        related to K-12 and Higher Education in order to implement the 2013  
        Budget Act.  Specifically,  this bill  :   

         K-12 Education  :  

         1)Makes clarifying changes related to the transfer of the California  
          School Finance Authority from the State Department of Education  
          (SDE) to the State Treasurer's Office.

        2)Makes various technical changes related to implementation of the  
          California Clean Energy Jobs Act (Proposition 39):

           a)   Specifies, for purposes of calculating an average daily  
             attendance equivalent for the state special schools, SDE will  
             use 97% of their prior year enrollment as captured in the  
             state's California Longitudinal Pupil Achievement Data System  
             (CalPADS) data system. 








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           b)   Clarifies that small school districts may receive two years'  
             worth of Proposition 39 funding allocations in the first year,  
             and extends the deadline by which they must apply for this  
             treatment by one month.

           c)   Clarifies an existing statutory requirement that schools  
             receiving Proposition 39 funding repay that funding if they  
             vacate the benefitting facility within five years of project  
             completion, to specify that it applies to every local  
             educational agency, not just school districts. 

        3)Clarifies that the terms and conditions of the General Fund  
          cashflow loan to Inglewood Unified School District shall include  
          costs incurred by the California Infrastructure and Economic  
          Development Bank (I-Bank).  

        4)Clarifies that the Program Specialists and Regionalized Services  
          (PSRS) and professional development funds are included in the  
          special education base funding when calculating the Statewide  
          Target Rate.

        5)Makes various changes related to the Local Control Accountability  
          Plan (LCAP), including:

           a)   Clarifies that a budget cannot be approved for a school  
             district or county office of education (COE) before a local  
             control accountability plan (LCAP) or update to the existing  
             plan is adopted and clarifies terms under which a budget review  
             committee shall be formed.

           b)   Requires school district and COE actions related to achieving  
             the goals of the LCAP to be consistent with local collective  
             bargaining agreements.

           c)   Clarifies that the initial LCAP program expenditures shall be  
             listed and described in the same manner as the annual LCAP.   

           d)   Provides greater detail related to career technical education  
             state priorities.

           e)   Adds local bargaining units to the groups school district and  
             COEs must consult in the development of the LCAP.









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           f)   Requires LCAP to adhere to regulations adopted related to  
             expenditure of supplemental and concentration grant funding.

        6)Makes a several technical and clarifying changes related to the  
          Local Control Funding Formula (LCFF), including:

           a)   Clarifies statutes related to the William's settlement  
             agreement to delink from previous categorical funding while  
             continuing requirements with the new funding model.

           b)   Repeals law related to county community schools and the  
             transfer of students to conform with LCFF requirements.

           c)   Clarifies allocation methodology related to the Education  
             Protection Account (EPA) for revenues for school districts,  
             charter schools and COEs.

           d)   Continues, through 2016, direct appropriation of categorical  
             funding to Joint Power Authorities if they received these funds  
             directly prior to the passage of the LCFF.

           e)   Authorizes school districts and county offices of education  
             to jointly meet Regional Occupational Centers and Programs  
             (ROCP) maintenance of effort requirements by allowing a county  
             office or school district to include expenditures from both  
             entities so long as the combined expenditures of both entities  
             meet the maintenance of effort requirement in total.  

           f)   Clarifies free and reduce-price meal eligibility is based on  
             federal income eligibility criteria for purposes of unduplicated  
             pupil counts.

           g)   Authorizes local educational agencies (LEAs) to submit  
             changes to CALPADS within the timeframes and procedures  
             established by the SDE. 

           h)   Excludes, for the 2013-14 and 2014-15 fiscal years, $3.5  
             million from the calculation of the LCFF transition adjustment  
             for Torrance Unified School District to reflect the pass through  
             of these funds to Southern California Regional Occupational  
             Center.

           i)   Clarifies the physical location of a charter school for  
             purposes of generating concentration grant funding.








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           j)   Clarifies than Necessary Small School (NSS) average daily  
             attendance (ADA) does not count for purposes of base funding but  
             does count for supplemental and concentration grant funding.

           aa)  Clarifies that the amount of NSS funding received by a school  
             district that qualified for NSS funding in the 2012-13 fiscal  
             year is included within their hold harmless calculation. 

           bb)  Repeals obsolete code sections related to Capistrano Unified  
             School District and Fallbrook Union High School.

           cc)  Specifies that Superintendent of Public Instruction (SPI)  
             shall contract with a LEA, or consortium of LEAs, to serve as  
             the fiscal agent for the California Collaborative for  
             Educational Excellence (CCEE).  (The 2013 Budget Act  
             appropriated $10 million for this purpose.)

        7)Appropriates up to $3.164 million (General Fund) to the SDE for  
          state operations:

           a)   Provides $459,000 (one-time General Fund) for three limited  
             term positions to oversee the California Career Technical  
             Education Pathways Trust competitive grant program;

           b)   Provides up to $1.4 million to support the implementation and  
             administration of the LCFF.  Specifically, the bill appropriates  
             $933,000 (ongoing General Fund) for six positions for this  
             purpose.  An additional $479,000 for up to five positions may be  
             authorized, contingent upon Department of Finance approval of an  
             expenditure plan.

           c)   Provides up to $1.3 million for the support and development  
             of the LCAP.  Specifically, this bill appropriates $570,000  
             (ongoing General Fund) for five positions for this purpose.  An  
             additional $723,000 and six positions may be authorized,  
             contingent upon Department of Finance approval of an expenditure  
             plan.

        8)Amends AB 97 (Budget Committee), Chapter 47, Statutes of 2013, to  
          clarify that the $2 million provided to the Office of Planning and  
          Research is non-Proposition 98/General Fund.

        9)Makes other technical and clarifying changes.








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         Community Colleges  :  

         1)Makes technical changes to statutes regarding community college  
          mandates and the apprenticeship program.

        2)Adjusts deferral amounts within the community college system by  
          $2.8 million.

        3)Allows community college districts to use Proposition 98 General  
          Fund monies for cash-flow purposes until the final amount of funds  
          from Redevelopment Agencies is determined.  This change gives the  
          Department of Finance discretion to allow districts to use  
          Proposition 98 funding while districts wait for Redevelopment  
          Agency (RDA) funding.  There is no new cost to Proposition 98; the  
          funding is needed for cash-flow purposes and will be reconciled  
          once final RDA amounts are determined.     
        
        Middle Class Scholarship  :  
         
        1)Makes four minor changes to the Middle Class Scholarship program,  
          which was established in the 2013 Budget Act.  The changes are:

           a)   Ensures that students are entitled to discounts of up to 40%  
             of systemwide tuition and fees at the University of California  
             and California State University under the programs.  Previous  
             language had inadvertently omitted systemwide fees;

           b)   Requires that students maintain "satisfactory academic  
             progress," as defined by federal regulation, to qualify for the  
             program.  This change aligns academic standards with that of the  
             Cal Grant program;

           c)   Clarifies legislative intent that students can qualify for  
             the program if their annual household incomes does not exceed  
             $150,000;

           d)   Clarifies legislative intent that the new program does not  
             allow the University of California or California State  
             University to supplant their institutional financial aid  
             programs and that the systems maintain institutional aid funding  
             levels for undergraduate students at the 2013-14 level.  
         
        EXISTING LAW  :








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        1)Establishes the Local Control Funding Formula which replaces the  
          prior revenue limit and categorical funding structure for K-12  
          education.  The formula is comprised of a base grant (general  
          purpose funding), supplemental grants (funding for English learners  
          (EL), low income and foster youth) and concentration grants  
          (additional funding for LEAs with high numbers of EL, low income  
          and foster youth students).  Existing law also includes  
          accountability requirements through the development and adoption of  
          LCAPs, which require the reporting of detailed pupil achievement  
          data and information related to the expenditure of their LCFF  
          allocations.  Statute further requires the SBE to adopt a template  
          for use by LEAs in developing LCAPs.

        2)Authorizes Inglewood Unified School District to request, through  
          the SDE, up to $55 million in cashflow loans from the General Fund,  
          in lieu of financing through the I-Bank.  The interest charged on  
          these loans are at the annual rate of return of the Pooled Money  
          Investment Account (PMIA) plus 2%.  According to the Department of  
          Finance, the I-Bank has incurred costs of roughly $144,000 to date.

         FISCAL EFFECT  :   Appropriates up to an additional $3.164 million  
        (General Fund) to the State Department of Education for state  
        operations.  

         COMMENTS :  This bill makes largely technical and clarifying  
        amendments to the education trailer bills passed in June as part of  
        the 2013 Budget Act.  These bills were AB 86, Chapter 48, Statutes of  
        2013 (Education Omnibus Trailer Bill), AB 97, Chapter 47, Statutes of  
        2013 (Local Control Funding Formula) and AB 94, Chapter 50, Statutes  
        of 2013.  
        

        Analysis Prepared by  :    Misty Feusahrens and Mark Martin / BUDGET /  
        (916) 319-2099


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