BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               SB 97
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       (  Without Reference to File  )

       SENATE THIRD READING
       SB 97 (Budget and Fiscal Review Committee)
       As Amended  September 11, 2013
       Majority vote.  Budget Bill Appropriation Takes Effect Immediately 

        SENATE VOTE  :Vote not relevant  
        
        BUDGET              14-10                                         
        
        -------------------------------- 
       |Ayes:|Skinner, Bloom, Campos,   |
       |     |Chesbro, Daly, Dickinson, |
       |Skinn|Gordon,                   |
       |er,  |Jones-Sawyer, Mitchell,   |
       |Bloom|Mullin, Muratsuchi,       |
       |,    |Nazarian, Stone, Ting     |
       |Campo|                          |
       |s,   |                          |
       |Chesb|Gorell, Chávez, Grove,    |
       |ro,  |Harkey, Mansoor,          |
       |Daly,|Melendez, Morrell,        |
       |     |Nestande, Patterson,      |
       |Dicki|Wagner                    |
       |nson,|                          |
       |     |                          |
       |Gordo|                          |
       |n,   |                          |
       |Jones|                          |
       |-Sawy|                          |
       |er,  |                          |
       |Mitch|                          |
       |ell, |                          |
       |Mulli|                          |
       |n,   |                          |
       |Murat|                          |
       |suchi|                          |
       |,    |                          |
       |Nazar|                          |
       |ian, |                          |
       |Stone|                          |
       |,    |                          |
       |Ting |                          |








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       |     |                          |
       |     |                          |
       |     |                          |
       |Nays:|                          |
       |     |                          |
       |Gorel|                          |
       |l,   |                          |
       |Cháve|                          |
       |z,   |                          |
       |Grove|                          |
       |,    |                          |
       |Harke|                          |
       |y,   |                          |
       |Manso|                          |
       |or,  |                          |
       |Melen|                          |
       |dez, |                          |
       |Morre|                          |
       |ll,  |                          |
       |Nesta|                          |
       |nde, |                          |
       |Patte|                          |
       |rson,|                          |
       |     |                          |
       |Wagne|                          |
       |r    |                          |
       |     |                          |
       |     |                          |
       |     |                          |
        -------------------------------- 
        
       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 various changes related to the Local Control Accountability  
         Plan (LCAP), including:

          a)   Requires annual updates, as well as the initial LCAP, to  
            adhere to regulations adopted related to expenditure of  
            supplemental and concentration grant funding.









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

          c)   Specifies that actions in a district or COE LCAP cannot  
            supersede provisions of an existing local collective bargaining  
            agreement.

          d)   Requires the template developed by the State Board of  
            Education (SBE) to include guidance on the reporting of  
            expenditures, including expenditures that will serve low income,  
            English learner, foster youth and pupils redesignated as fluent  
            English proficient. 

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

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

       2)Makes 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)   Aligns county community schools and community day school  
            funding with LCFF requirements.

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

          d)   Clarifies funding calculations that apply to district  
            reorganizations.

          e)   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.

          f)   Authorizes school districts and COEs to jointly meet Regional  
            Occupational Centers and Programs (ROCP) maintenance of effort  








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            requirements by allowing a COE 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.  

          g)   Clarifies free and reduce-price meal eligibility is based on  
            federal income eligibility criteria for purposes of unduplicated  
            pupil counts, instead of receipt of meals.

          h)   Authorizes local educational agencies (LEAs) to submit changes  
            to California Longitudal Pupil Achievement Data Systems (CalPADS)  
            within the timeframes and procedures established by the State  
            Department of Education (SDE). 

          i)   Clarifies that only charter schools serving students that a  
            COE would otherwise be responsible for educating are eligible to  
            claim the alternative education funding rate under LCFF.

          j)   Specifies that the SDE and Department of Social Services shall  
            enter into a memorandum of understanding, to share foster youth  
            data, on or before February 1, 2014.  Clarifies the definition of  
            foster youth.  Changes the due date of an SDE report on foster  
            youth outcomes from February 15 to July 1 of each even-numbered  
            year.

          aa)  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.

          bb)  Clarifies that 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.

          cc)  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. 

          dd)  Clarifies that Necessary Small Schools (NSS) containing grades  
            7-8 are funded at the elementary NSS rate for those grades, not  
            the high school NSS rate, consistent with existing law. 

          ee)  Allows school districts experiencing declining enrollment to  








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            receive either prior year or current year ADA funding and  
            corresponding grade span proportions, whichever is greater.

          ff)  Retain statutes for the Center for Advanced Research  
            Technology (CART)  program that guide minimum instructional day,  
            computation of average daily attendance, supervision of pupils,  
            and the program sunset date.  Repeals statute authorizing special  
            funding for CART, which will now be funded pursuant to LCFF  
            formulas.

       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)Provides annual apportionments beginning in 2013-14 to the South  
         Monterey County Joint Union High School District to fund the  
         difference between annual payments under the I-Bank loan and what  
         the district would be paying under a General Fund loan with an  
         interest rate set at the Pooled Money Investment Account rate plus  
         2%.  These "gap" payments will continue through 2029-30, reflecting  
         the term of the loan.  

       5)Clarifies that LEAs, or a consortium of LEAs, shall serve as the  
         fiscal agent for the California Collaborative for Education  
         Excellence (CCEE).  Further, establishes a five-member governing  
         board of the CCEE that will direct the fiscal agent to contract with  
         individuals, LEAs or organizations to carry out the purposes of the  
         CCEE, as specified. 

       6)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.









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          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.

       7)Amends AB 97 (Budget Committee), Chapter 47, Statutes of 2013, to:

          a)   Clarify that the $2 million provided to the Office of Planning  
            and Research is non-Proposition 98/General Fund.

          b)   Appropriate $250,000 of the Career Technical Education  
            Pathways Grant Program ($250 million/Proposition 98) for an  
            evaluation.

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

       9)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  
            CalPADS data system. 

          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. 

       10)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.

       11)Makes other technical and clarifying changes, including provisions  








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         to avoid chaptering conflicts with SB 344 (Padilla) of the current  
         legislative session

       12)Contains an urgency clause, allowing this bill to take effect  
         immediately.

        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.     
        
        4)Allow the Director of Finance to allocate up to $100 million to  
         community colleges by December 31, 2013, based on a review of  
         property tax revenues related to the dissolution of redevelopment  
         agencies for the 2012-13 fiscal year.  Requires notification of the  
         Joint Legislative Budget Committee should Finance determine that an  
         appropriation is necessary.  

        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;








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          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  : The 2013-14 Budget Act:

       1)Established the Local Control Funding Formula (LCFF) 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)Established the California Collaborative for Educational Excellence  
         (CCEE) to advise and assist school districts, COEs and charter  
         schools in achieving the goals of the LCFF.  The 2013 Budget Act  
         appropriated $10 million for this purpose.  The Governor's signing  
         message regarding this appropriation stated the need to properly  
         define the governance composition and ongoing role of the CCEE  
         within the accountability structure of the LCFF with subsequent  
         legislation.

       3)Authorized 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 California Infrastructure and Economic  
         Development Bank (I-Bank).  The interest charged on these loans are  
         at the annual rate of return of the Pooled Money Investment Account  
         (PMIA) plus 2%.  
        
        FISCAL EFFECT  :  Appropriates up to an additional $3.164 million  
       (General Fund) to the State Department of Education for state  








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       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 (Higher Education Trailer Bill).  
        

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


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