BILL ANALYSIS Ó AB 1572 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1572 (Campos) - As Amended April 21, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|5 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1572 Page 2 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. AB 1572 Page 3 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 AB 1572 Page 4 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. AB 1572 Page 5 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. AB 1572 Page 6 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