BILL ANALYSIS                                                                                                                                                                                                    






               SENATE COMMITTEE ON EDUCATION
                     Dede Alpert, Chair
                 1999-2000 Regular Session
                              

BILL NO:       SB 537
AUTHOR:        Monteith
AS INTRODUCED: February 19, 1999
FISCAL COMM:   Yes            HEARING DATE:  April 7, 1999
URGENCY:       No             CONSULTANT:James Wilson


  SUMMARY  

This bill allows a recently unified school district to  
receive financial assistance for home-to-school  
transportation in the 1999-2000 fiscal year.  By opening a  
"window" to receipt of state funding, the bill also allows  
the district to receive annual allocations in future years.


  BACKGROUND  

Current law governing the state's reimbursement of school  
district home-to-school transportation costs provides for  
each district to receive the lesser of that district's  
allowance in the prior year, or the district's actual  
costs.  Since a newly formed school district has neither  
prior year costs, nor an established allowance, most new  
school districts operate home-to-school transportation  
programs in their first year without state funding in order  
to qualify to receive reimbursement in future years.   

When a new district is formed, Education Code Section  
41851.7 (attached) provides a means for transferring  
transportation services, and thus transferring both part of  
a transportation allowance and establishing a cost basis  
for future state funding.


  ANALYSIS  

  This bill:  

1)   Declares that a unified school district that was  
     formed in 1998 from part of another unified school  




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     district shall be considered to have a $120,000  
     home-to-school transportation allowance for the  
     1998-1999 fiscal year.

2)   Appropriates $120,000 from the General Fund for  
     allocation to the Golden Valley Unified School  
     District in order to provide the district with a  
     home-to-school transportation allowance for the  
     1999-2000 fiscal year.

  STAFF COMMENTS  

  1)   Who would qualify?  The Department of Education  
     confirms that the Golden Valley Unified School  
     District is the only district that would qualify for a  
     transportation allowance under the requirement that  
     the district was formed in 1998 from territory taken  
     from another unified district that continues to exist.  


The Department of Education reports, however, that although  
     the election to form Golden Valley happened in 1998,  
     the district will not formally exist until July 1,  
     1999.  Therefore  staff recommends  that the bill be  
     amended as follows:

On page 2, line 4, after  "1998"

And insertto become effective July 1, 1999

  2)   Both costs and an allowance are needed for funding.    
     The bill currently declares that the newly formed  
     (Golden Valley Unified) district "shall be considered  
     to have had a home-to-school transportation allowance  
     of $120,000 in the 1998-99 fiscal year."   In itself,  
     establishing an allowance is only one of two necessary  
     elements in order for the district to receive  
     home-to-school transportation funding in 1999-2000.   
     Without prior year costs, funds could not be  
     allocated.  This matter could be addressed by allowing  
     the Golden Valley District to operate the program  
     without state funding for one year, thereby  
     establishing a cost basis for future funding.  In the  
     alternative, the bill could be amended so that the  
     district is deemed to have  both  an allowance and  costs  
      of $120,000 in 1998-99.




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  3)   Has current law been tried?    The Golden Valley  
     Unified School District is being formed out of  
     territory formerly in the Madera Unified School  
     District.  Madera currently reports $3.5 million of  
     home-to-school transportation costs which are  
     partially reimbursed with $2.6 million of state  
     funding (allowance) and $600,000 of supplemental grant  
     funding that the district has chosen to apply to their  
     program.  The Madera Unified District could transfer  
     $120,000 of its $2.6 million allowance to Golden  
     Valley under current law, although this transfer must  
     be made voluntarily by Madera and cannot be forced by  
     Golden Valley.  Is this bill necessary because Madera  
     refuses to transfer part of its allowance, or so that  
     Golden Valley will not have to establish a cost basis  
     by operating the program without state help for the  
     first year?

  SUPPORT  

Golden Valley Unified School District

  OPPOSITION  

None received
























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Attachment :  Education Code Section 41851.7

41851.7.  For the purpose of receiving an allowance  
pursuant to this section, a school district, county  
superintendent, or joint powers agency which transfers any  
part of its pupil transportation service to another entity  
shall report to the Superintendent of Public Instruction  
the proportion of the costs in the fiscal year prior to the  
transfer that are attributable to the part of the service  
transferred.  In determining the allowance for the fiscal  
years subsequent to the transfer, the Superintendent of  
Public Instruction, prior to the application of any  
cost-of-living adjustment, shall reduce the allowance of  
the entity transferring the service in proportion to the  
costs reported, and, if appropriate, increase or establish  
the allowance of the entity assuming the transferred  
service by that amount.