BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SB 1460
          Author:   Leno (D) 
          Amended:  4/5/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  8-1, 3/30/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan
           NOES:  Vidak

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 5/27/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza, Nielsen
           NO VOTE RECORDED:  Bates

           SUBJECT:   Community colleges:  funding:  San Francisco  
                     Community College District


          SOURCE:    Author

          DIGEST:   This bill requires the Board of Governors (BOG) of the  
          California Community Colleges (CCC) to provide the San Francisco  
          Community College District (SFCCD) with a revenue adjustment for  
          restoration of apportionment revenue for the three fiscal years  
          subsequent to the last fiscal year that the district received  
          stabilization funding due to its jeopardized accreditation  
          status.


          ANALYSIS:  


          Existing law:









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          1)Requires the BOG to develop criteria and standards, in  
            accordance with specified statewide minimum requirements, for  
            the purposes of making the annual budget request for the CCC  
            to the Governor and the Legislature and allocating state  
            general apportionment revenues.  These include, among other  
            things, a requirement that the calculations of each district's  
            revenue level for each fiscal year be based on specified  
            criteria with revenue adjustments being made for increases or  
            decreases in full-time equivalent students (FTES) for  
            specified purposes. 


          2)Provides a year of stabilization funding, during which the  
            district receives at least the same funding for enrollment as  
            the previous year (even if enrollment declines) or higher  
            funding (up to an allowable cap) if enrollment increases. This  
            is because a district usually does not know that its FTES  
            count has declined until it begins its enrollment counts,  
            which occur at the same time the state is disbursing funds and  
            after the district has hired faculty and determined its class  
            schedules.  If enrollment declines beyond just one year, the  
            district's revenues are reduced by the decrease in its FTES.   
            However, those reductions are restored if enrollments increase  
            during the subsequent three years, providing a district with a  
            buffer against fluctuating enrollments.  (Education Code §  
            84750.5, et seq.)


          3)Requires the BOG of the CCC to provide the SFCCD with  
            specified revenues if the District is in jeopardy of losing  
            its accreditation and if the Chancellor's Office has exercised  
            its fiscal oversight authority to take specified actions,  
            including the appointment of a special trustee.  Existing law  
            required that for the 2014-15 fiscal year, the District  
            receive funding equal to the amount it received in the 2013-14  
            fiscal year, with the amount of funding for the district being  
            reduced by five percent and 10 percent, in 2015-16 and  
            2016-17, respectively.  In order to receive the third year of  
            funding, the district must meet specified requirements  
            relative to fiscal management and controls. In addition, the  
            Chancellor of the district is required to submit specified  
            information on accreditation status, total and projected  
            enrollment, course section offerings, and specified budget,  







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            revenue and expenditure information to the Legislature,  
            Governor, Legislative Analyst's Office and the Department of  
            Finance beginning in April 2015, with updates in October 2015,  
            April 2016, October 2016, and April 2017, as specified.  (EC §  
            84750.6)


          This bill:


          1)Requires that the BOG provide the SFCCD with a revenue  
            adjustment for restoration of apportionment revenue for the  
            2017-18, 2018-19, and 2019-20 fiscal years.


          2)Requires that the adjustment provided be pursuant to specified  
            Education Code provisions which entitle a district to  
            restoration of any reductions in apportionment revenue due to  
            decreases in FTES during the three years following the initial  
            year of decrease in FTES if there is a subsequent increase in  
            FTES. 


          3)"Notwithstands" any other law in the application of this  
            provision. 


          Comments


          1)Need for the bill.  In 2013, in response to challenges around  
            accreditation and fiscal management, the Legislature and  
            Governor provided "stabilization" funding to the SFCCD.   
            According to the author, while the normal restoration process  
            allows for stabilization for one year, the three year  
            stabilization funding provided was necessary to address the  
            unprecedented drops in enrollment faced by the college as it  
            attempted to respond to the challenges it faced. Despite the  
            three years of additional stabilization funding the district  
            has not been able to generate the student enrollment necessary  
            to maintain financial stability.  According to the author,  
            while community colleges throughout the state have experienced  
            an average enrollment decline of about eight percent, SFCCD  
            has experienced an enrollment drop of almost 30 percent,  







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            directly attributable to its accreditation challenges. This  
            bill is intended to provide an opportunity for the City  
            College of San Francisco to receive funding in excess of its  
            growth cap for any actual FTES growth it may realize in the  
            three years after stabilization funding was provided in  
            anticipation that its full accreditation status will be  
            restored and its actual enrollment will grow.  


          2)San Francisco City College of SFCCD history.  In July 2012,  
            the Accrediting Commission for Community and Junior Colleges  
            (ACCJC) identified numerous deficiencies at SFCCD and moved  
            the district to the most severe level of sanction-"Show  
            Cause."  The ACCJC identified numerous deficiencies covering a  
            range of district operations.  The most substantive findings  
            focused on failures in the areas of fiscal planning, fiscal  
            integrity, governance and administration, as well as failure  
            to completely address eight recommendations from a 2006 ACCJC  
            evaluation team.  


            In addition, a review of the district's fiscal condition by  
            Fiscal Crisis and Management Assistance Team (FCMAT) in 2012  
            found severe problems in multiple areas including, fiscal  
            health, multiyear financial projection, staffing and  
            operational costs, enrollment management, administrative  
            structure and barriers to fiscal solvency.  In a subsequent  
            evaluation focused on internal systems in 2013, FCMAT found  
            that the district lacked effective controls to ensure  
            confidentiality of financial and personnel data, there were  
            inadequate mechanisms for tracking vacation and sick leave  
            benefits, deferred maintenance needs were inadequately managed  
            leaving much of the campus in disrepair, and policies around  
            enrollment and fee collection were insufficient.


            In June 2013, the ACCJC notified the SFCCD that its  
            accreditation would be terminated as of July 31, 2014, as the  
            ACCJC had concluded that the SFCCD had failed to correct the  
            deficiencies noted in the  2012 show cause action letter.  In  
            July 2013, the BOG took action to appoint a special trustee  
            with full management powers over the district.









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          3)Current status of SFCCD.  In June 2014 the ACCJC adopted a new  
            policy that created a "restoration" status under which an  
            institution could submit a request to restore its accredited  
            status within a two year period. 


            In July 2014, the SFCCD submitted the required documentation  
            and was granted restoration status by the ACCJC in January  
            2015.   Under this new ACCJC policy, the SFCCD must submit a  
            comprehensive evaluation by September 2016 and comply with  
            other requirements as determined by the ACCJC.  It is  
            anticipated that all relevant information will be considered  
            by the ACCJC at their January 2017 meeting. While the  
            accredited status of the SFCCD continues during the period of  
            "restoration" status, failure to meet the specified  
            requirements within the two year period would result in the  
            termination of accreditation with no right to request further  
            review or appeal.  The SFCCD has noted that while the ACCJC  
            found the district noncompliant with 32 accreditation  
            standards, it also found that the college had demonstrated the  
            ability to fully meet them within the two year restoration  
            period. 


            The Special Trustee appointed by the Chancellor is expected to  
            remain until at least June 2016.  However, the Chancellor has  
            gradually restored duties and responsibilities to the local  
            governing board. On July 1, 2015, the Trustee's authority was  
            reduced to stay and rescind powers over any actions that were  
            not in the best interest of the district, as determined by the  
            Trustee. In December 2015, the Chancellor further reduced the  
            Trustee's authority to that of an advisory role to the board  
            and, consistent with the requirements of SB 860, the Trustee  
            retains responsibility for reviewing and approving the SFCCD's  
            budget.


            Finally, the SFCCD reports that it has implemented various  
            measures designed and targeted at restoring enrollment and  
            FTES. These include a revised Educational Master Plan,  
            targeted marketing, community outreach, and collaborative  
            initiatives with local stakeholders with the goal of retaining  
            and attracting students, and strategic initiatives to improve  
            marketing to targeted groups, among other things. 







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            A follow-up report by FCMAT on the progress made by the SFCCD  
            in addressing the issues raised in its prior reports was  
            expected by the Chancellor's Office in early April. 


          4)Related budget action.  SB 860 (Committee on Budget and Fiscal  
            Review, Chapter 34, Statutes of 2013) provided the SFCCD with  
            additional funding, for three fiscal years, as the college  
            worked to restore student enrollment and maintain  
            accreditation.  Pursuant to the bill's provisions, for the  
            2014-15 fiscal year, the district received FTES funding equal  
            to the amount it received in the 2013-14 fiscal year, with the  
            amount of funding for the district being reduced by five, and  
            10 percent, in 2015-16 and 2016-17, respectively.  In order to  
            receive the third year of funding, the district is required to  
            meet or exceed benchmarks related to fiscal management and  
            controls, as specified. This "stabilization funding" will  
            cease after the 2016-17 fiscal year. 


            The chart below illustrates the actual FTES experience of the  
            college as well as the annual funded FTES under the  
            stabilization funding authorized by the provisions of SB 860.   



             ----------------------------------------------------------- 
            |  Fiscal Year  |     Funded FTES     |     Actual FTES     |
            |---------------+---------------------+---------------------|
            |    2010-11    |       37,057        |       37,056        |
            |---------------+---------------------+---------------------|
            |    2011-12    |       32,632        |       32,632        |
            |---------------+---------------------+---------------------|
            |    2012-13    |       32,632        |       32,621        |
            |---------------+---------------------+---------------------|
            |    2013-14    |       32,632        |       26,264        |
            |---------------+---------------------+---------------------|
            |    2014-15    |       32,632        |       23,628        |
            |---------------+---------------------+---------------------|
            |    2015-16    |       30,990        |21,291               |
            |               |                     |                     |
             ----------------------------------------------------------- 







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          5)Current caps on growth.  Pursuant to trailer bill language  
            adopted as part of the 2014-15 Budget, the Chancellor's Office  
            has developed a new growth formula for allocation of  
            apportionment funding.  The formula uses local demographic  
            factors, such as unemployed adults, households below the  
            poverty line, and educational attainment, to determine what  
            colleges have more need for community college education.  The  
            formula also considers the college's' ability to grow by  
            including their recent growth trends.  The outcome of this  
            calculation is a growth rate of between one and four percent  
            for most colleges which is considered a "cap" on the FTES  
            funding that can be received by the district.  Colleges may  
            exceed their cap if they are reallocated growth from other  
            districts' unused growth cap. 


          6)Effect of the bill.  This bill has two distinct impacts.  Like  
            other districts, SFCCD would be allowed to realize a restoral  
            of lost FTES if there is an increase in FTES in the three  
            years following a decline. But unlike other districts, SFCCD  
            would be allowed to exceed its calculated growth cap and the  
            real "cap" would be the level of FTES funding in the 2012-13  
            fiscal year; the last year before the accreditation issues  
            arose.  


            Under current law, all districts have the ability to realize a  
            restoral of lost FTESfor a period of three years and, in  
            anticipation of the need for potential restoral, the  
            Chancellor's Office, in collaboration with the Department of  
            Finance and the Legislative Analyst's Office, annually  
            estimates the "base" apportionment for each district based on  
            the prior year's base and adjustments for growth and decline,  
            and uses a three year rolling average of what has been  
            restored in the prior three years to estimate what might be  
            restored in the upcoming year and "sets aside" these funds.   
            Under this bill's provisions the SFCCD could be eligible for  
            up to $50 million in possible restoration funds.  According to  
            the Chancellor's Office a "reasonable" amount of funds above  
            the three year rolling average, likely in the millions, would  
            be set aside in anticipation of potential growth in FTES at  
            the SFCCD.  This bill funds would otherwise be allocated to  
            other state priorities such as additional access to courses  







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            and improved support services for all colleges.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, the CCC  
          Chancellor's Office estimates that SFCCD will restore FTES  
          between two and three percent per year over the next few years.   
          This would translate to a cost between $2.5 and $3 million per  
          year.  The incremental cost pressures attributed to this bill  
          going beyond the district's growth cap calculated by the  
          Chancellor's Office in a particular year, would likely be in the  
          low millions based on the district's estimated growth.   
          (Proposition 98)


          SUPPORT:   (Verified  5/27/16)


          None received


          OPPOSITION:   (Verified  5/27/16)


          None received


           
          Prepared by: Kathleen Chavira / ED. / (916) 651-4105
          5/28/16 17:08:42


                                   ****  END  ****


          










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