BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:             SB 1211              
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          |Author:    |Huff                                                 |
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          |Version:   |February 18, 2016                       Hearing      |
          |           |Date:     March 30, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lenin Del Castillo                                   |
          |           |                                                     |
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          Subject:  Educational programs


            SUMMARY
          
          This bill repeals numerous provisions of the Education Code for  
          categorical programs that are outdated or considered obsolete in  
          light of the passage of recent Local Control Funding Formula  
          (LCFF) legislation.

            BACKGROUND
          
          Existing law continues implementation of the LCFF, which was  
          enacted as part of the 2013-14 Budget Act.  The LCFF was a  
          significant reform to the state's system of financing K-12  
          public schools.  It replaces the prior system of revenue limits  
          and restricted funding for a multitude of categorical programs  
          with a new funding formula that provides targeted base funding  
          levels tied to four grade spans for the core educational needs  
          of all students and supplemental funding for the additional  
          educational needs of low-income students, English learners, and  
          foster youth.  Because the LCFF funds have limited spending  
          restrictions, local education agencies (LEAs) have considerable  
          flexibility to direct LCFF resources to best meet their  
          students' needs.  (Education Code § 42238.03) 

            ANALYSIS
          
          This bill would repeal numerous provisions of the Education Code  
          for categorical programs that are outdated or considered  







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          obsolete in light of the passage of the LCFF.  Below are the  
          bill sections and the general subject matter of the proposed  
          changes. 

             1)   Community Policing and Mentoring for School Safety Pilot  
               Program (SEC. 1)

             2)   Study of schools qualifying for federal severe need meal  
               reimbursement (SEC. 2)

             3)   Nell Soto Parent/Teacher Involvement Program (SEC. 3)

             4)   Tom Hayden Community-Based Parent Involvement Grant  
               Program (SEC. 4)

             5)   Nuclear Age Education Curriculum (SEC. 5)




          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office, this  
               bill would remove various Education Code Sections that  
               remain on the books despite being rendered obsolete by the  
               enactment of the Local Control Funding Formula (LCFF).  The  
               LCFF removed funding for a number of categorical programs  
               which still remain codified in the Education Code.

          2)   Previous LCFF clean-up legislation.  SB 587 (Emmerson,  
               2013) was the genesis for a related piece of clean-up  
               legislation, SB 971 (Huff, Chapter 923, Statutes of 2014).   
               SB 587 was amended at the end of session in 2013 to  
               incorporate changes to the Education Code in light of the  
               passage of LCFF.  According to Senator Emmerson's office at  
               the time, SB 587 was to begin the discussion amongst all  
               parties, to achieve consensus, about sections of the  
               Education Code that could possibly be repealed or modified.  
                The elements of SB 587 were originally drafted by the  
               Department of Finance (DOF) in an attempt to "clean up" the  
               Education Code; however, these provisions were viewed  
               through the prism of DOF's perspective on the  
               implementation of LCFF (from DOF's perspective almost  
               everything was discretionary), and not on the merits of  








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               each statute and the underlying intent.  

               In the Fall of 2013; the Department of Finance, California  
               Department of Education, and Senate legislative staff met  
               multiple times to discuss elements that could be part of SB  
               587 through a consensus approach.  The discussions were  
               intended to ascertain (1) whether the actions proposed were  
               consistent with LCFF, (2) the bill does not impede pending  
               legislation or legislative discussions, (3) the bill did  
               not impact past or pending judicial actions, and (4)  
               determine whether any of the proposed changes could lead to  
               any unintended consequences at either a programmatic,  
               budget or auditing level.  SB 587 was never heard by this  
               Committee.

               SB 971 was originally introduced by Senator Cannella in  
               2014 and subsequently authored by Senator Huff.  The  
               measure included many of the provisions from SB 587.  While  
               the process for determining what sections should remain in  
               law in light of LCFF will likely take multiple pieces of  
               legislation over a period of time, SB 971 was a solid first  
               step in this regard and was chaptered into law.

               SB 416 (Huff, Chapter 538, Statutes of 2015) continued this  
               effort and repealed additional provisions of law rendered  
               obsolete by the enactment of LCFF.

          3)   Additional background on the LCFF.  Although local  
               educational agencies have considerably more flexibility in  
               how they spend their resources under LCFF compared to the  
               previous funding system, the law requires a school  
               district, county office of education, or charter school:

                    "...to increase or improve services for  
                    unduplicated pupils [low-
                    income students, English learners, and foster  
                    youth] in proportion to 
                    the increase in funds apportioned on the basis of  
                    the number and 

                    concentration of unduplicated pupils in the  
                    school district, county 
                    office of education, or charter school."









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          Under the old system, revenue limits provided local educational  
          agencies (LEAs) with discretionary (unrestricted) funding for  
          general education purposes, and categorical program (restricted)  
          funding was provided for specialized purposes, with each program  
          having unique allocation and spending requirements.  Revenue  
          limits made up about two-thirds of state funding for schools,  
          while categorical program funding made up the remaining  
          one-third portion. For some time, that system was criticized as  
          being too state-driven, bureaucratic, complex, inequitable, and  
          based on outdated allocation methods that did not reflect  
          current student needs.

          To ensure accountability for Local Control Funding Formula  
          (LCFF) entitlements, the state also mandated that each LEA  
          develop a local control and accountability plan (LCAP) that  
          identifies locally determined goals, actions, services, and  
          expenditures of LCFF funds for each school year in support of  
          the state educational priorities that are specified in statute,  
          as well as any additional local priorities.  School district  
          LCAPs are subject to review and approval by county offices of  
          education.  Statute established a process for districts to  
          receive technical assistance related to their LCAP.  The  
          Superintendent of Public Instruction (SPI) is authorized to  
          intervene in a struggling school district under certain  
          conditions.

            SUPPORT
          
          California School Boards Association

            OPPOSITION
           
           None received.

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