BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1318


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          Date of Hearing:  May 13, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1318  
          (Gray) - As Amended May 6, 2015


          SUBJECT:  School finance: school districts: annual budgets:  
          reserve balance.


          SUMMARY:  Makes various changes to existing law regarding school  
          district assigned and unassigned ending fund balances.    
          Specifically, this bill:  


          1)Specifies that the requirement to disclose, at a public  
            hearing, the assigned and unassigned fund balance and the  
            reasons for exceeding the minimum recommended balance takes  
            effect when the assigned and unassigned ending fund balance in  
            the General fund and Special Reserve Fund for Other than  
            Capital Outlay Projects exceed the recommended minimum.


          2)Requires the public disclosures to include a description of  
            the purposes of the amounts in the assigned and unassigned  
            ending fund balances in each fund.


          3)Requires each school district governing board to adopt a  
            policy setting the amounts of assigned and unassigned balances  
            the governing board expects to be necessary to address  
            economic uncertainties, funding volatility, cash flow, and  








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            savings for expenditures.


          4)Deletes the requirement to make these disclosures when a  
            budget is revised.


          5)Specifies that each county superintendent of schools, when  
            conducting his or her review of school district budgets, to  
            determine whether the adopted budget includes a combined  
            assigned and unassigned ending fund balance in the district's  
            general fund and special reserve fund or other than capital  
            outlay projects.


          6)Changes the cap on assigned and unassigned reserves that takes  
            effect in specified years from two times the minimum reserve  
            for districts with fewer than 400,000 average daily attendance  
            (ADA) and three times the minimum for districts with more than  
            400,000 ADA to unspecified amounts.


          7)Makes other nonsubstantive changes.


          EXISTING LAW:  


          1)Requires, beginning in 2015-16, the governing board of a  
            school district that proposes to adopt a budget that includes  
            a combined assigned and unassigned ending fund balance in  
            excess of the minimum recommended reserve for economic  
            uncertainties adopted by the State Board of Education  (SBE)  
            to provide the following for review and discussion at a public  
            hearing:


             a)   The minimum recommended reserve for economic  
               uncertainties for each fiscal year identified in the  








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               budget;


             b)   The combined assigned and unassigned ending fund  
               balances that are in excess of the minimum recommended  
               reserve for economic uncertainties for each fiscal year  
               identified in the budget; and


             c)   A statement of the reasons that substantiates the need  
               for an assigned and unassigned ending fund balance that is  
               in excess of the minimum recommended reserve.


          2)Establishes the Public School System Stabilization Account  
            (PSSSA) at the state level to be funded by a transfer of  
            capital gains-related tax revenues in excess of 8 percent of  
            general fund revenues.


          3)Specifies that funds will be appropriated from the PSSSA to  
            schools and community colleges when state support for K-14  
            education exceeds the allocation of general fund revenues,  
            allocated property taxes and other available resources.


          4)Requires school districts to maintain the following minimum  
            reserves for economic uncertainties, as a percentage of total  
            expenditures:


             a)   The greater of 5% or $64,000 for districts with 0 to 300  
               average daily attendance (ADA);


             b)   The greater of 4% or $64,000 for districts with 301 to  
               1,000 ADA;










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             c)   3% for districts with 1,001 to 30,000 ADA;


             d)   2% for districts with 30,001 to 400,000 ADA; and


             e)   1% for districts with 400,001 and over ADA.


          5)Limits the amount that districts may set aside in an assigned  
            or unassigned reserve in the fiscal year following the fiscal  
            year in which a transfer is made to the PSSA as follows:


             a)   For school districts with 400,000 or fewer ADA, the  
               minimum reserve multiplied by 2; and


             b)   For school districts with more than 400,000 ADA, the  
               minimum reserve multiplied by 3.


          6)Authorizes a county superintendent of schools to grant a  
            school district under its jurisdiction an exemption from the  
            reserve cap for up to two consecutive fiscal years within a  
            three-year period if the school district provides  
            documentation indicating that extraordinary fiscal  
            circumstances, including, but not limited to, multiyear  
            infrastructure or technology projects, substantiate the need  
            for a combined assigned or unassigned ending fund balance that  
            is in excess of the minimum reserve.


          7)Requires a school district, as a condition of receiving an  
            exemption to do all of the following:


             a)   Provide a statement that substantiates the need for an  
               assigned and unassigned ending fund balance that is in  








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               excess of the minimum;


             b)   Identify the funding amounts in its budget that are  
               associated with the extraordinary fiscal circumstances; and


             c)   Provide documentation that no other fiscal resources are  
               available to fund the extraordinary fiscal circumstances.





          FISCAL EFFECT:  Unknown


          COMMENTS:  School districts use assigned and unassigned reserves  
          to set funds aside for potential future use.  An unassigned  
          reserve is typically the reserve for economic uncertainty, and  
          its purpose is to provide a cushion against unforeseen  
          shortfalls in revenue or increases in expenditures.  An assigned  
          reserve contains funds that may be set aside by the district  
          superintendent and designated for a specific future use, such as  
          a large, one-time instructional materials acquisition.


          Existing law requires districts to maintain a minimum reserve,  
          specified as a percentage of total expenditures, but does not  
          impose a cap on reserves except in the year following a transfer  
          to the PSSSA, also referred to as the Proposition 98 reserve  
          account.  As a consequence of no cap, some districts have  
          accumulated very large reserves, mounting to 50% or more of  
          total expenditures.  Some have noted that this violates a basic  
          tenet of public finance, which is that today's tax revenues  
          should be used to support programs and services for today's  
          taxpayers.  The cap on reserves in specified years was enacted  
          in part to prevent the accumulation of unreasonably large  
          reserves and in part to recognize that the transfer of funds  








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          into the state-level Proposition 98 reserve reduces the need for  
          large local reserves.  This is because the state-level reserve  
          will be used to help maintain K-14 funding during economic  
          downturns, a purpose previously served by the local reserves for  
          economic uncertainty.


          Concerns have been raised about the cap on reserves.  Many in  
          the education community have raised concerns about the cap on  
          school district budget reserves.  The concerns focus on two  
          primary issues.  First, opponents of the cap argue that it  
          prevents districts from setting aside prudent reserves to guard  
          against an economic downturn and a reduction in state funding  
          for schools.  The minimum requirement to guard against such an  
          event is 3% of total expenditures for most districts.  The cap  
          is twice that amount, or 6% of total expenditures for most  
          districts.  Supporters of the cap argue that 6% is sufficient  
          protection, because (1) it is applied only in a year following a  
          year in which funds are deposited in the state Proposition 98  
          reserve, and (2) the state reserve serves the same purpose as  
          the local reserve-to provide a cushion against a reduction of  
          revenue to schools.  Hence, the state reserve reduces the burden  
          placed on local reserves for this purpose.


          Opponents of the reserve cap also argue that it prevents  
          districts from setting aside monies for a specific purpose in  
          future years.  For example, districts may need to accumulate  
          monies over two or more years to purchase technology,  
          instructional materials, or deferred maintenance.  Districts may  
          use an assigned reserve for this purpose, however assigned  
          reserves are also subject to the cap.


          Unintended consequence?  Existing law requires districts to  
          disclose, at a public hearing, the amount of their reserves and  
          the reasons for them when the adopted and revised budget  
          contains reserves in excess of the recommended minimum.  In the  
          absence of specification, existing law has been interpreted to  








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          refer to General fund balances.  This bill specifies the General  
          fund and the Special Reserve Fund for Other than Capital Outlay  
          Projects.  Adding an additional fund subjects more dollars to  
          the reserves and increases the likelihood that districts will  
          exceed the minimum, thus triggering the disclosure requirements.  
           This may also increase the likelihood of districts exceeding  
          the reserve cap in years when the cap is in effect.  Put another  
          way, it could be more difficult for districts to stay within the  
          cap.  The author's office has not provided the committee with  
          any information regarding the purpose of this change.


          Unspecified changes.  This bill changes the cap on budget  
          reserves to unspecified amounts.  The author's office has not  
          indicated what the new cap might be.


          Related legislation.   AB 1048 (Baker), which is pending in the  
          Assembly Education Committee, repeals the cap on budget  
          reserves.  AB 531 (O'Donnell), which is pending in the Assembly  
          Appropriations Committee, specifies that that committed reserves  
          are not subject to the cap and defines committed reserves as  
          monies set aside for a future purpose by a majority vote of the  
          district governing board.  A committed reserve serves the same  
          purpose as an assigned reserve, but, unlike an assigned reserve,  
          requires a vote of the governing board.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Ceres Unified School District










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          Yosemite Community College District




          Opposition


          None received




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087