BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 519|
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                                 THIRD READING


          Bill No:  AB 519
          Author:   Assembly Budget Committee
          Amended:  9/15/08 in Senate
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT 


           SUBJECT  :    Education:  Budget Trailer Bill

           SOURCE  :     Author


           DIGEST  :    This bill makes a number of education-related  
          changes necessary to implement the 2008 Budget Act.   

           ANALYSIS  :    

          This bill makes the following statutory changes: 

           1. Revenue Limit Deficit Factors  .  Calculates a deficit  
             factor for school districts and county offices of  
             education to reflect the reduction of statutory  
             cost-of-living adjustments (COLAs) in 2008-09, so that  
             in 2009-10 these factors are restored to revenue limit  
             calculations, as if the full statutory COLA had been  
             applied.  These deficit factors reflect 0.68 percent  
             COLAs, which amount to $244 million, for K-12 revenue  
             limit apportionments in 2008-09.  (Sections 1 & 4)

           2. CDE Report on Federal Funds Availability  .  Requires the  
             California Department of Education (CDE) to annually  
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             submit two reports to the Legislature, Legislative  
             Analyst's Office and the Governor.  Requires one report,  
             submitted by February 15 of each year, to provide a  
             three-year tracking of federal funds, as specified.   
             Requires a second report, submitted by November 1 of  
             each year that identifies available federal carryover  
             funds.  (Section 2)

           3. Proposition 98 Split  .  Suspends existing statute that  
             specifies the division of Proposition 98 funding among  
             K-12 local educational agencies (LEAs), community  
             colleges, and other state agencies, and reflects a  
             division of funding that conforms to that of the 2008-09  
             budget.  (Section 3)

           4. Federal School Improvement Funding Authorization  .   
             Provides statutory authority to allocate $112.7 million  
             in federal funds by  establishing a one year  
             non-renewable grant for approximately 150 K-12 local  
             education agencies facing corrective action under the  
             federal No Child Left Behind Act.  Establishes a new  
             funding formula for LEAs based on the number of Title I  
             schools in corrective action under their jurisdiction.   
             (Sections 6-8)

           5. Extension of the Special Disabilities Adjustment  .   
             Continues authorization of the disability adjustment  
             calculation through 2008-09.  This adjustment is  
             intended to compensate K-12 LEAs for higher special  
             education costs for some students with disabilities. The  
             budget provides approximately $81 million for this  
             purpose in 2008-09.  (Section 9)

           6. Elimination of Norm-Referenced Test  .  Repeals the Norm  
             Referenced Test (NRT), currently administered to  
             students in grades 3 and 7, as a component of the  
             Standardized Testing and Reporting (STAR) Program and  
             makes conforming changes.  The budget act eliminates  
             remaining funds of $2.5 million for NRT in 2008-09.   
             (Sections 10-23)

           7. EdFUND Sale  .  Extends the date by which the Department  
             of Finance is authorized to sell, or effectuate an  
             "alternative arrangement to the sale" of EdFUND, from  

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             January 2009 to January 2011 (Section 28).  Requires the  
             Department of Finance to meet a series of reporting  
             requirements delineating progress towards the sale (or  
             alternative arrangement to the sale) of EdFUND.   
             (Sections 24-27)

           8. Student Aid Commission - Lender of Last Resort  .   
             Authorizes the California Student Aid Commission to act  
             as the "Lender of Last Resort", under agreement with the  
             US Secretary for Education, should students, via  
             colleges and universities, be unable to secure student  
             loans through the traditional federally-subsidized  
             student loan programs.  (Section 29) 

           9. Career - Technical Education Outreach  .  Expands the  
             authority of the California Student Opportunity and  
             Access Program (Cal-SOAP) to provide public awareness  
             and outreach activities related to career-technical  
             education. (Section 30)

           10.Community Colleges  .  Clarifies the uses of community  
             college financial aid funding to include financial aid  
             support services, in response to a recent Commission on  
             State Mandates decision. (Section 31)

          11.^^^"  Green" California Partnership Academies  .   
             Appropriates $12.5 million from the Public Interest  
             Research, Development, and Demonstration Fund to expand  
             the number of high school Partnership Academies by 61.   
             New Partnership Academies funded with this appropriation  
             would (a) meet current statutory requirements as well as  
             (b) focus on clean technology, renewable energy,  
             pollution reduction, and other "green" environmental  
             technologies.  (Section 32)

           12.Appropriation of K-12 Payment Deferrals  .  Appropriates  
             $39.8 million in augmentation of community college  
             apportionments Budget Act Item to provide a 0.68 percent  
             cost-of-living-adjustment.  (Section 33) 

           13.Expenditure Period for K-12 Payment Deferrals  .   
             Continues to defer $388.3 million in various program  
             payments included in the second principal apportionment  
             by one month - from June 2009 to July 2009 - in order to  

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             shift payments from the 2008-09 to the 2009-10 fiscal  
             year.  This practice continues budget savings - achieved  
             by shifting these payments to the next fiscal year -  
             that were implemented in recent years.  (Section 34)

           14.Appropriation of Community College Payment Deferrals  .   
             Extends the authorized expenditure period for June  
             apportionment deferrals by one month - from June 30,  
             2009 to July 31, 2009.  This action makes the  
             expenditure period for apportionment payment deferrals  
             consistent with the expenditure period for budget act  
             appropriations.  (Section 38)

           15.2008-09 Proposition 98 Settle-Up Payment  .  Continues to  
             defer $200 million of community college payments from  
             the 2008-09 to the 2009-10 fiscal year.  (Section 35)

           16.  K-12 Cost-of-Living (COLA) Adjustments  .  Defers a  
              statutory appropriation of $150 million in 2008-09 for  
              purposes providing payment of prior year Proposition 98  
              "settle-up".  (Section 36)  

           17.  K-12 Cost-of-Living (COLA) Adjustments for Categorical  
              Programs  .  Declares that the budgeted COLA rate of zero  
              percent for various K-12 categorical programs in  
              2008-09 is in-lieu of the COLA that would be applied  
              pursuant to any other law.  (Section 37)  

           18.  Urgency Clause  .  Declares that this bill takes effect  
              immediately as an urgency statute.  (Section 39)

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          DLW:cm  9/15/08   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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