BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 625            
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          |Author:    |Bonta                                                |
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          |Version:   |June 17, 2015                              Hearing   |
          |           |Date:     June 24, 2015                              |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  School finance:  emergency apportionments:  compliance  
          audits

            SUMMARY
          
          This bill requires the State Controller, the Superintendent of  
          Public Instruction (SPI), and the school district superintendent  
          to meet before each audit of a school district that has received  
          an emergency apportionment to discuss the terms of the audit and  
          the timeline under which it will proceed.


            BACKGROUND
          
          Existing law provides the authority for emergency loans to be  
          given to school districts that are unable to meet their current  
          operating expenses.  Such loans are provided by legislation  
          enacted at the request of the district.  Existing law requires  
          districts that receive an emergency loan to agree to statutory  
          terms and conditions regarding repayment of the loan and the  
          steps to be taken to return the district to financial solvency. 

          If a district receives an emergency loan of up to 200% of its  
          recommended budget reserve, the SPI is required to appoint a  
          trustee who has the authority to stay and rescind any action of  
          the school district governing board.  Further, the appointed  
          trustee serves until the loan is repaid and the district has  
          adequate fiscal systems and controls in place.  If a school  
          district receives an emergency loan of more than 200% of its  
          recommended budget reserve, then the SPI is required to assume  







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          all legal rights, duties, and powers of the governing board and  
          to appoint an administrator to act on his or her behalf in  
          exercising this authority.  The SPI may return power to the  
          governing board after specified conditions are met.  The costs  
          of the trustee and administrator and other related oversight and  
          monitoring activities are borne by the district.  Since 1991,  
          nine school districts have received emergency loans, including:  
          Oakland Unified, Vallejo City Unified, King City Joint Union  
          High School District (formerly South Monterey County Joint Union  
          High School District), West Fresno, and most recently, Inglewood  
          Unified.

          Additionally, existing law:

          1)Requires an annual audit for a school district that has  
            received an emergency apportionment due to an inability to  
            meet its financial obligations.


          2)Provides that the audit may be conducted by the State  
            Controller or his or her designee or an auditor selected by  
            the school district and approved by the State Controller.


          3)Requires the Superintendent of Public Instruction (SPI), in  
            the case of an appeal, to either approve or disapprove of the  
            school district's budget. 


          4)Requires the SPI, if he or she disapproves the budget, to  
            notify the school district in writing of the decision.


          5)Requires the county superintendent of schools, in the case of  
            a district with a disapproved budget, and until the county  
            superintendent of schools certifies the district's first  
            interim report, to do the following as necessary:


             a)   Develop and adopt, by November 30, in consultation with  
               the SPI and the district governing board, a fiscal plan and  
               budget that will govern the district and allow the district  
               to meet its financial obligations, both in the current  
               fiscal year and with regard to the district's multiyear  








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               financial commitments;


             b)   Cancel purchase orders, prohibit the issuance of  
               non-salary warrants, and otherwise stay or rescind any  
               action that is inconsistent with the budget;


             c)   Monitor and review the operation of the district;


             d)   Determine the need for additional staff and may employ,  
               subject to approval by the SPI, short-term analytical  
               assistance or expertise to validate financial information  
               if the district staff does not have the expertise or staff;


             e)   Require the school district to encumber all contracts  
               and other obligations, to prepare appropriate cash flow  
               analyses and monthly or quarterly budget revisions, and to  
               appropriately record all receivables and payables;


             f)   Determine whether there are any financial problem areas  
               and may employ, subject to approval by the SPI, a certified  
               public accounting firm to investigate financial problem  
               areas; and


             g)   Withhold compensation of the members of the governing  
               board of the district and the superintendent of the  
               district for failure to provide requested financial  
               information.


            ANALYSIS
          
          This bill requires the State Controller, the Superintendent of  
          Public Instruction (SPI), and the school district  
          superintendent, or their respective designees, to meet before  
          each audit of a school district that has received an emergency  
          apportionment to discuss the terms of the audit and the timeline  
          under which it will proceed. 









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          STAFF COMMENTS
          
       1)Need for the bill.  According to the author's office, the annual  
            audit process for school districts that have been taken over  
            by the state and received an emergency apportionment has been  
            a recent point of contention.  In prior years, because of the  
            unique difficulties posed by school audits and the exceptional  
            workload placed upon the State Controller, audits took  
            consistently longer than their private sector counterparts and  
            were more expensive.  While a single late audit would be a  
            surmountable challenge, the delay of subsequent audits had the  
            effect of compounding the adverse impacts and increasing the  
            burden on the audited district.  

       2)Late audits.  The author's office indicates that of 38 audits for  
            five different school districts in receivership, only four  
            have been completed by the due date.  The others have been  
            late by periods ranging from 43 to 961 days (more than two and  
            a half years).  Late audits may occur for several reasons such  
            as problems with locating old records or failure for school  
            districts to submit information.  The late audits can cause  
            several problems for districts, including a lower credit  
            rating resulting in higher interest rates, difficulties in  
            projecting financial needs because the current financial  
            condition is not known, and compounded audit exceptions  
            because problems are not identified in time to be corrected  
            prior to the next year's audit.  

       3)Argument in support.  The sponsor of this measure, the  
            Superintendent of Public Instruction has indicated its intent  
            to establish communication between the State Controller prior  
            to an audit to develop a plan, establish coordination, and  
            help ensure that needed documentation is available and shared  
            in order to meet the audit's deadline.
          
       4)Fiscal impact.  According to the Assembly Appropriations  
            Committee, this bill would result in minor/absorbable costs to  
            the State Controller and the State Department of Education to  
            meet prior to each audit.  
          
            SUPPORT
          
          Oakland Unified School District








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          Superintendent of Public Instruction (sponsor)

            OPPOSITION
           
           None received.

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