BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 519
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          (  Without Reference to File  )

          CONCURRENCE IN SENATE AMENDMENTS
          AB 519 (Budget Committee)
          As Amended September 15, 2008
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |     |(June 4, 2007)  |SENATE: |30-9 |(September 16, |
          |           |     |                |        |     |2008)          |
           ----------------------------------------------------------------- 
                (vote not relevant)

          Original Committee Reference:   ED.  
           
          SUMMARY  :  Makes various statutory changes to implement various  
          programmatic and technical changes necessary to implement the  
          education portion of the Budget Act of 2008 and   
          declares that this bill take effect immediately as an urgency  
          statute.

           The Senate amendments  delete the Assembly version of this bill  
          and instead:

          K-12 Education Provisions
          
          1)Calculate 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% COLAs, which amount to  
            $244 million for K-12 revenue limit apportionments in 2008-09.

          2)Declare 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.

          3)Require the California Department of Education (CDE) to  
            annually 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.  








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          4)Suspend 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.  

          5)Repeal 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.  

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

          7)Extend 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.   

          8)Continue authorization of the existing disability adjustment  
            calculation for special education programs through 2008-09.   
            This adjustment is intended to compensate K-12 local  
            educational agencies for higher special education costs for  
            some students with disabilities.

          9)Defer a statutory appropriation of $150 million in 2008-09 for  
            purposes of providing payment of prior year Proposition 98  
            "settle-up".  

          10)^^^ Provide statutory authority to allocate $112.7 million in  
            federal funds through the establishment of a funding formula  
            for state intervention for local education agencies (LEAs) who  
            are in the third year of Program Improvement (PI) and facing  
            corrective actions under the federal No Child Left Behind Act  
            of 2001 (NCLB).  Require the State Department of Education to  
            contract for an independent evaluation of the corrective  
            action process under NCLB and provide a timeline for the use  
            of technical assistance in the corrective action process. 








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          HIGHER EDUCATION PROVISIONS
          
          11)^^^Require the Department of Finance (DOF) to meet a series  
            of reporting requirements delineating progress towards the  
            sale (or alternative arrangement to the sale) of EdFUND.

          12)^^^Extend the date by which the DOF is authorized to sell, or  
            effectuate an "alternative arrangement to the sale" of EdFUND,  
            from January 2009 to January 2011.

          13)^^^Allow the California Student Aid Commission to act as the  
            "Lender of Last Resort," under agreement with the United  
            States Secretary for Education, should students, via colleges  
            and universities, be unable to secure student loans through  
            the traditional federally-subsidized student loan programs.

          14)^^^Expand the authority of the California Student Opportunity  
            and Access Program (Cal-SOAP) to provide public awareness and  
            outreach activities related to career-technical education.

          15)^^^Clarify the uses of community college financial aid  
            funding to include financial aid support services, in response  
            to a recent Commission on State Mandates decision. 

          16)^^^Appropriate $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;  
            meet current statutory requirements as well as; focus on clean  
            technology, renewable energy, pollution reduction, and other  
            "green" environmental technologies. 

          17)^^^Appropriate $39.8 million in augmentation of community  
            college apportionments to provide a 0.68% COLA.
          
          18)^^^Continue to defer $200 million of community college  
            payments from FY 2008-09 to FY 2009-10.

          19)^^^Declare this bill take effect as an urgency statute.
          
           AS PASSED BY THE ASSEMBLY  , this bill required the Superintendent  
          of Public Instruction (SPI) to work toward incorporating  
          additional measures of performance into the Academic Performance  
          Index (API).   








                                                                  AB 519
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           Analysis Prepared by  :  Misty Feusahrens and Sara Bachez / BUDGET  
          / (916) 319-2099 


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