BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Mark Leno, Chair
2015 - 2016 Regular
Bill No: AB 104 Hearing Date: June 18,
2015
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|Author: |Committee on Budget |
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|Version: |January 9, 2015 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Elisa Wynne and Samantha Lui |
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Subject: Budget Act of 2015.
Summary: This bill makes various statutory changes and appropriations
regarding child care and early childhood education and K-14
education, necessary for the implementation of the Budget Act of
2015.
Proposed Law: This bill makes statutory changes to implement the
2015-16 budget. Specifically, this bill:
K-14 Education Crosscutting Issues.
1) Appropriates $3.8 billion in Proposition 98 one-time and
settle up funding to pay down the existing mandate backlog.
Of this, $3.2 billion is allocated to K-12 and over $600
million is provided to community colleges. Includes intent
language that these funds be spent on professional
development, teacher induction, and supporting
implementation of state-adopted academic content standards.
Includes language that ensures that school districts and
community colleges to not have to remit funding to pay for
disallowed costs identified by audits.
2) Suspends the Proposition 98 split between K-12 education
and the California Community Colleges.
Adult Education
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1) Establishes the Adult Education Block Grant program to
provide adult education services through regional
consortia. The Superintendent of Public Instruction and
the Chancellor of the Community Colleges jointly approve
consortia, including governance structures and funding
allocations, with the advice of the Executive Director of
the State Board of Education. Of the total funding
appropriated for this program in the Budget Act of 2015,
the provision of funding to school district adult education
programs based on the maintenance-of-effort certification
is capped at $375 million, with the remainder allocated to
consortia or consortia members by the superintendent and
Chancellor, with the concurrence of the Executive Director
of the State Board of Education. The language also
specifies that joint powers agencies may participate as
adult education consortia members and that older adults may
access programs that relate to employment or helping
children succeed in elementary and secondary education.
2) Provides for the development and collection of outcome
data relating to the effectiveness of each adult education
consortia in meeting the educational and workforce training
needs of adults. Authorizes the Chancellor and
Superintendent to collaborate on the development of common
outcome data collection, and requires them to report to the
Legislature by November 1, 2015 on progress
3) Changes references to apprenticeship programs in adult
education statutes to pre-apprenticeship training
activities conducted in coordination with apprenticeship
programs approved by the Division of Apprenticeship
Standards. Pre-apprenticeship programs will provide job
preparation training courses that will lead into
apprenticeship programs
Child Care and Development, Early Childhood Education
1) Effective July 1, 2015, provides a five percent increase
to the Standard Reimbursement Rate, which is used to pay
providers that contract with the State Department of
Education.
2) Effective July 1, 2015, establishes the full-day State
Preschool rate for the Standard Reimbursement Rate.
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3) Effective October 1, 2015, provides a 4.5 percent
increase, to the Regional Market Rate (RMR) for all
counties. The RMR is used to pay providers that accept
vouchers.
4) Effective October 1, 2015, establishes the RMR ceilings,
at the greater of either the 85th percentile of the 2009
RMR survey, reduced by 10.11 percent; or, the 85th
percentile of the 2005 RMR survey. These ceilings must be
calculated to include the additional 4.5 across-the-board
increase, as discussed above.
5) Increases, from 60 percent to 65 percent of the family
child care home rate, the reimbursement to license-exempt
child care providers, effective October 1, 2015.
6) Requires that adjustment factors for serving specified
infants, toddlers, children with exceptional needs,
children with severe disabilities, children at risk of
abuse or neglect, or limited-English speaking and
non-English speaking children, must apply to a full-day
State Preschool program when reimbursement rates are above
the full-day State Preschool rate.
7) Shifts local educational agencies' "wrap care" into
Proposition 98 guarantee.
8) Requires CDE to convene a stakeholder group to provide
recommendations to streamline data and other reporting
requirements for child care and early learning providers,
and a separate stakeholder group to examine CalWORKs Stage
2, CalWORKs Stage 3, and Alternative Payment Program child
care contract requirements, program and fiscal audits, and
the process by which contractors are informed of, and
implement, new contract requirements.
9) Establishes income eligibility limits for state
subsidized child care at 70 percent of the state median
income that was in use for the 2007-08 fiscal year,
adjusted for family size.
10) Eliminates the July 1, 2018, sunset on the San Francisco
individualized county child care subsidy pilot program.
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11) Provides a cost-of-living adjustment to free and reduced
price meals served at schools and child care centers.
K-12 Education
1) Appropriates $500 million in one-time funds for educator
effectiveness. $490 million is provided for beginning
teacher and administrator support and mentoring;
professional development, coaching, and support services
for teachers who have been identified as needing
improvement or additional support; professional development
for teachers and administrators that is aligned to state
academic content standards; and activities such as training
on mentoring and coaching certificated staff, and training
certificated staff to support effective teaching and
learning. $10 million is provided to the K-12 High Speed
Network to provide professional development and training
related to network management and infrastructure. As a
condition of receiving funds, local educational agencies
must develop and adopt a plan for expenditure of funds.
Funds may be expended through the 2017-18 fiscal year.
2) Establishes the California Career Technical Education
Incentive Grant Program, a competitive grant program
administered by the CDE to provide support for career
technical education in grades K-12, and provides $400
million in 2015-16, $300 million in 2016-17, and $200
million in 2017-18 for this program. Provides competitive
grants in three size related spans (0-140, 140-550, over
550 average daily attendance). Requires a
dollar-for-dollar match from each applicant. Specifies
sources of this match, states that these sources do not
include funding received through the Career Pathways Trust
program. Requires higher weighting of applicants who do
not have a Career Technical Education program; serve
low-income, English learner, and foster youth students;
have a high dropout rate; or are located in areas with high
unemployment rates. Requires applicants to submit a three
year plan for the funds with specified elements. Allows
various local education entities to apply jointly for this
funding. Allows renewal grants under specified
circumstances.
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3) Appropriates $145.5 million to the School Facilities
Emergency Repair Account, to fulfill the terms of the
Williams v. State of California settlement.
4) Appropriates $10 million in one-time funds to a county
office of education (or two applying jointly) to provide
technical assistance and to develop and disseminate
statewide resources that encourage and assist local
educational agencies and charter schools in establishing
and aligning schoolwide, data-driven systems of learning
and behavioral supports for the purpose of meeting the
needs of the state's diverse learners in the most inclusive
environments possible.
5) Requires an annual appropriation of $2 million to the
Los Angeles County Office of Education (LACOE) for
professional development and leadership training in
anti-bias education and the creation of inclusive and
equitable schools.
6) Appropriates $350,000 for support and development of
evaluation rubrics through a contract between the CDE and
the San Joaquin County Office of Education.
7) Appropriates $50,000 to the CDE for increased 2014-15
district claims for teacher dismissal costs.
8) Establishes homeless students as a subgroup for purposes
of the unduplicated pupil counts used in Local Control and
Accountability Plans.
9) Includes intent language that, at full implementation of
the Local Control Funding Formula, local educational
agencies and charter schools report on the resources and
services provided to serve low-income students, English
learners, and foster youth, and requires that this
information be made available on the CDE website.
10) Shifts funding that has gone to home-to-school joint
powers agencies to the agencies' member school districts,
allows each agency to determine the amount of funding each
member district will receive, and requires that funding
received by each member district continue to be spent on
transportation services.
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11) Eliminates the transfer of funds from audit exceptions
to the Educational Telecommunications Fund.
12) Permits, through 2019-20, a phase-in of school district
contributions to routine restricted maintenance accounts
(no less than 2 percent by 2017-18 and 3 percent by
2020-21) and allows funds to be used for drought mitigation
purposes. School districts that received an amount greater
than ten percent of school facilities funds from
voter-approved bonds are excluded from certain
requirements.
13) Increases the maximum allowable fee charged by the
Commission on Teacher Credentialing for the issuance and
renewal of teaching and service credentials from $70 to
$100.
14) Expands eligibility for participation in the Charter
School Facilities Grant Program by allowing participation
by charter schools which enroll or are located in an
attendance area in which 55 percent (instead of 70 percent)
of students are eligible for free or reduced-price meals.
Allows that determination to be based solely on prior year
data. Allows for participation of new charter schools in
the program.
15) Requires State Preschool programs to improve parental
knowledge about identification and treatment for
developmental disabilities, and requires that teachers be
provided staff development on behavioral strategies and
targeted interventions to improve kindergarten readiness.
16) Permits students who will turn five years old after the
eligibility window for Transitional Kindergarten to be
enrolled in Transitional Kindergarten before they turn five
years old, and states that this enrollment shall not
generate funding for average daily attendance or be
included in the enrollment or unduplicated pupil count for
purposes of the Local Control Funding Formula until those
students turn five years old.
17) Removes grade spans for pupil-to-teacher ratios in
independent study programs and requires calculations of the
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ratios to be based on average daily attendance rather than
enrollment.
18) Extends the encumbrance period for funding for the
Career Pathways Trust program from 2014-15 to the 2016-17
fiscal year.
19) Authorizes the CDE to assess fees on publishers of
history/social science instructional materials when
submitting materials for state adoption review.
20) Adds two new approved mandates (Immunization
Records/Pertussis and Race to the Top) to the Mandates
Block Grant, and creates a consolidated category for
suspensions, expulsions, and expulsion appeals.
21) Extends, until June 30, 2018, the authority of the
Inglewood Unified School District to sell property to repay
emergency loans to the state.
22) Extends the deadline for the State Board of Education to
adopt evaluation rubrics for one year, to October 1, 2016.
23) For the 2009-10 and 2010-11 fiscal year, requires that
certain allocations from the county Supplemental
Educational Revenue Augmentation Fund to be treated as
property taxes for purposes of calculating the ratio that
determined the pro rata share of the apportionment for a
basic aid school district that lost its basic aid status as
a result of required property tax transfers to charter
schools.
24) Provides authority for the appropriation of Proposition
98 General Fund for support of special education programs
if the amount of property taxes provided for this purpose
from the dissolution of redevelopment agencies is less than
estimated amount reflected in the Budget Act of 2015.
Identifies funds in satisfaction of the federal special
education maintenance of effort.
25) Adjusts the LACOE and East San Gabriel Valley Special
Education Local Plan Area's (SELPA) LCFF calculations to
re-allocate the Home-to-School Transportation add-on for
special education transportation services from LACOE to the
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Home-to-School Transportation add-on of the SELPA's member
school districts.
26) Adds "maintenance" to the list of activities for which
the contractual redevelopment agency pass-through payments
can be used, and removes the sunset on these provisions.
Fiscal
Effect: The funding related to the changes in this bill is
contained in the 2015-16 budget. In addition, this bill makes
multiple appropriations totaling $4.9 million.
Support: Unknown.
Opposed: Unknown.
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