BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1572


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1572 (Campos) - As Amended April 21, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires a public, noncharter school, to provide free  
          transportation to a pupil attending a school that receives Title  
          1 federal funding.  Specifically, this bill:  


          1)Revises existing law governing the authority of a school  
            district to contract and pay for the transportation of all  








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            pupils to instead authorize this transportation to be provided  
            only to middle and high school pupils. Further requires the  
            vehicle for this type of transportation be driven by a public  
            employee of a municipally-owned transit system (excludes  
            private transportation contracts).  



          2)Entitles a student attending a public, noncharter school that  
            receives Title I federal funding, to receive free  
            transportation to and from school under the following  
            conditions:



             a)   The pupil resides more than one-half mile from the  
               school.



             b)   The neighborhood through which the pupil must travel to  
               get to school is unsafe, as defined by the plan developed  
               by the school district. Factors contributing to unsafe  
               travel include:  stray dogs, lack of sidewalks, known gang  
               activity, presence of environmental problems and hazards,  
               required crossings of freeways or busy intersections, or  
               other reasons documented by stakeholders in the plan.



          3)Requires school districts not currently providing  
            transportation to all pupils attending schools that receive  
            Title 1 federal funding, to implement a plan to ensure that  
            all entitled pupils, as specified, receive free  
            transportation. Requires the plan to accommodate special  
            rights of homeless youth in existing law and to be developed  
            in consultation with various stakeholders. 










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          4)Requires transportation provided to students in Title I  
            schools to be provided by a public employee. Authorizes the  
            school district to partner with a municipality-owned transit  
            system to provide the transportation to middle school and high  
            school pupils if the employees are public employees, if the  
            transit system can verify consistent routes and schedules to  
            and from home, and the system does not charge more than a  
            marginal cost for each transit pass.



          5)Specifies nothing in the bill prevents a local transportation  
            agency from providing no-cost transit passes to pupils  
            attending Title 1 schools. 



          6)Establishes the Transportation and Access to Public School  
            Fund in the State Treasury and makes all transportation  
            services provided by this bill reimbursable from this fund.  
            Allocates monies from this fund to the California Department  
            of Education (CDE). Requires the Superintendent of Public  
            Instruction (SPI) allocate funding to school districts  
            starting in the 2017-18 fiscal year, pursuant to a process  
            established by the SPI, and contingent upon an appropriation  
            in the budget act or another statute.  
          FISCAL EFFECT:


          1)Proposition 98/GF costs pressures, potentially in the millions  
            of dollars, to provide free transportation to Title I students  
            in need of a safe route to school as specified by the bill. In  
            2014-15, there were approximately 3.9 million students  
            attending 6,457 schools that received Title I funds.  The  
            costs of providing transportation will vary by school and by  
            the number of children that meet the requirements for free  
            transportation.  The provision of free transportation is  
            contingent upon an appropriation of funds, either by the  








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            budget act or another statute.  The Governor's budget does not  
            propose funding for this purpose and the Legislative budget  
            committees have not considered this issue. 


          2)General Fund administrative costs to the California Department  
            of Education (CDE) of approximately $140,000, starting in  
            2017-18, if funds are provided to implement the program.  CDE  
            anticipates increased workload associated with planning,  
            implementing and sustaining the newly created Transportation  
            and Access to Public School Fund. Specific workload includes:  
            establishing allocation criteria, conforming documents and  
            website updates, and providing technical assistance and  
            guidance to LEAs. 


          COMMENTS:


          1)Purpose. This bill, sponsored by the Western Center on Law and  
            Poverty, the Children's Defense Fund, and Youth Justice  
            Coalition, proposes to increase opportunities for  
            disadvantaged youth by ensuring students who attend the  
            poorest schools in California do not face barriers to getting  
            to school. The author cites a 2015 report by the California  
            Attorney General which found the inability to afford  
            transportation to and from school is one of the most  
            frequently cited barriers that low-income youth face in  
            attending school. School buses are no longer sufficient, as  
            their funding is continually being reduced and routes are  
            being consolidated or cut. A survey of Oakland youth found  
            that 61% of students reported that they sometimes use their  
            lunch money to ride the bus.  According to the author, in  
            order to prevent low-income and disadvantaged children from  
            being trapped in the cycle of poverty, underemployment and  
            incarceration, California needs to enact comprehensive  
            policies to remove structural barriers that keep them from  
            obtaining an education, such as the lack of adequate  
            transportation.








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          2)Prior legislation. This bill is similar to AB 891 (Campos) of  
            2015, which was held in on the Suspense file in this  
            committee.  This bill differs from AB 891 since it targets  
            free transportation services to students attending Title 1  
            funded schools rather than students eligible for free and  
            reduced price meals (FRPM). Using Title 1 as a measure could  
            reach a slightly larger group of students.  According to the  
            CDE, in 2014-15, there were 3.9 million students in schools  
            that received Title 1 funds.  In contrast, there are 3.7  
            million pupils eligible for FRPM. 



            Another  component that is different in this bill is the  
            funding source.  AB 891 required local educational agencies to  
            use existing funds to provide transportation.  AB 1572 makes  
            requirements contingent upon funding in the annual Budget Act  
            or another statute, for transportation that is provided by  
            public employees, either hired by the district or a transit  
            authority.      





            Finally, AB 891 required transportation to be provided based  
            on distance and if the area the student must travel is unsafe  
            due to stray dogs, no sidewalks or gang activity.  AB 1572  
            expands the conditions that may be considered unsafe but makes  
            the determination of unsafe conditions based on a plan,  
            developed in consultation with specified stakeholders.













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          3)Opposition. The Orange County Department of Education (OCDE)  
            is opposed to this bill. According to OCDE, approximately  
            three-fourths of Santa Ana Unified School District students  
            (42,000) meet the requirements of the bill and would qualify  
            for free transportation.  It is estimated providing this  
            service for free would cost the district $238 million  
            annually. Santa Ana USD indicates they would need to acquire  
            additional buses, house additional bus fleets and hire  
            drivers.  The cost to provide one school bus is $190,000. The  
            district indicates offering city bus passes could be an option  
            but consultation and planning would need to occur with the  
            Orange County Transit Authority ensure this is a feasible  
            option. 



          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081