BILL ANALYSIS                                                                                                                                                                                                    



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           (Without Reference to File)
           
          CONCURRENCE IN SENATE AMENDMENTS
          AB 4 X1 (Evans)
          As Amended December 18, 2008
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |     |(December 8,    |SENATE: |     |(December 18,  |
          |           |     |2008)           |        |     |2008)          |
           ----------------------------------------------------------------- 
                    (vote not relevant)           (vote not available)

           SUMMARY  :  Reduces Proposition 98 spending by $2.5 billion using  
          a combination of prior year unspent funds and current year  
          program reductions and makes various statutory changes to  
          implement these reductions to the Budget Act of 2008.  

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

          1)Reappropriate unspent prior year one-time K-14 Proposition 98  
            funds totaling $98.7 million to the Regional Occupation  
            Centers and Programs (ROC/Ps) and reduces ongoing funds for  
            the ROC/Ps by the same amount. This allows the state to reduce  
            ongoing Proposition 98 spending through the ROC/Ps while  
            ensuring no net reduction to the program.  Of the total  
            reappropriation, $96.4 million is from K-12 categorical  
            programs and $2.3 million is from community college programs. 

          2)Make current-year K-14 Proposition 98 categorical program  
            reductions of approximately $1.8 billion.  This total includes  
            reductions to over 20 K-12 categorical programs.  For  
            community colleges, the bill eliminates funding for Physical  
            Plant and Instructional Support, reduces funding for Career  
            Technical Education, reduces funding for non-workload  
            categorical programs, reduces growth for apportionments, and  
            reduces community college mandate payments for a total  
            reduction of $157 million.

          3)Reappropriate $1.4 million in prior year saving from the  
            Puente Program for support for this program in the current  
            year. 

          4)Reduce 2008-09 Proposition 98 appropriations for child care by  








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            nearly $95 million.  This includes $76 million in anticipated  
            program savings and $19 million in federal fund offsets.  

          5)Eliminate the 0.68% COLA for school districts ($244 million)  
            and community colleges ($40 million).  

          6)Make conforming statutory program changes that include:

             a)   Suspension of the statutory requirement that local  
               educational agencies (LEAs) purchase newly-adopted  
               instructional materials in FY 2008-09 and FY 2009-10;

             b)   Specifying that the $35.1 million retained in the pupil  
               retention block grant in FY 2008-09 is to allow districts  
               to continue operating continuation high schools;  

             c)   Reducing the FY 2008-09 per-student allocation made from  
               the charter school categorical block grant from $500 to  
               $400;  

             d)   Suspension of the oral health assessment record-keeping  
               mandate in FY 2008-09 and FY 2009-10;

             e)   Suspension of the requirement for Program Improvement  
               schools and schools participating in the High Priority  
               Schools Grant Program to participate in the Math and  
               Reading Professional Development Program and the  
               Administrator Training Program for FY 2008-09 and FY  
               2009-10 due to the elimination of funding for these  
               programs; and,  

             f)   Specifying that priority for remaining funds in the  
               Teacher Credentialing Block Grant will first fully fund all  
               first year teachers participating in the Beginning Teacher  
               Support and Assessment (BTSA) program and the remaining  
               funds will be prorated for second year teachers  
               participating in the program. 

          7)Provide flexibility to local education agencies to offset the  
            total current year reduction as follows:

             a)   For FY 2008-09, reduces the amount that school districts  
               are required to set aside in "routine restricted  
               maintenance accounts" from 3% to 1% of their General Fund  
               budgets. 








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             b)   For FY 2008-09, eliminates reporting requirements for  
               school districts which fail to set at least a half percent  
               of their "current-year revenue limit average daily  
               attendance" funding for maintenance of facilities.  The  
               elimination of this requirement is due to elimination of  
               state funding for deferred maintenance. 

             c)   Authorizes LEAs to use ending fund balances as of June  
               30, 2008, in most restricted, categorical program accounts,  
               to backfill the $2.1 billion in categorical reductions.   
               Prohibits districts from accessing ending balances for  
               Economic Impact Aid, Targeted Instructional Improvement  
               Grants, Instructional Materials, Special Education, Quality  
               Education Investment Act, CAHSEE Supplemental Instruction,  
               and Home-to-School Transportation.  Requires LEAs who elect  
               to use this authority to submit a related report to the  
               Superintendent of Public Instruction (SPI), and requires  
               the SPI to compile those reports and submit the information  
               to the Legislature by October 31, 2009.

          8)Increase the FY 2008-09 school district revenue limit deficit  
            factor from 4.713% to 5.357% and increases the FY 2008-09  
            county offices of education revenue limit deficit factor from  
            4.396% to 5.050% to reflect the withdrawal of the 0.68% COLA  
            provided in the final Budget Act.

          9)Eliminate the $100 million appropriation made in FY 2008-09  
            for the Emergency Repair Program and redirects all $100  
            million to Regional Occupational Centers and Programs to  
            achieve budget savings.  Suspends any transfer of funds from  
            the Proposition 98 Reversion Account into the School  
            Facilities Emergency Repair Account for FY 2008-09 and FY  
            2009-10.  Prohibits school districts from using School  
            Facilities Emergency Repair Account funds to supplant state  
            funds provided for deferred maintenance and from depositing  
            these funds into district deferred maintenance accounts.  

          10)Specify that $1.1 billion of the over appropriation of the  
            Proposition 98 guarantee in FY 2008-09 shall be scored in  
            satisfaction of "settle-up", displacing the $150 million  
            annual payments that would otherwise be made in FY 2008-09 and  
            future years.  

          11)Make a technical adjustment to the "mega-item" to only allow  








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            transfers from other categorical programs into the  
            home-to-school transportation program, no funds can be  
            transferred out of home to school transportation to another  
            categorical program. 

          12)Make the bill contingent upon enactment of either AB 2 x1 or  
            SB 2 x1 and either AB 9 x1 or SB 9 x1 of the 2009-10 first  
            extraordinary session.

           AS PASSED BY THE ASSEMBLY  this bill expressed intent of the  
          Legislature to enact statutory changes relating to the Budget  
          Act of 2008.
           
          FISCAL EFFECT  :  Reduces overall Proposition 98 funding by $2.5  
          billion in FY 2008-09. 

           COMMENTS  :  Reduces Proposition 98 spending by the $2.5 billion  
          level proposed by the Governor.  However, rather than using the  
          Governor's approach to cut school district revenue limits  
          (general purpose funding); this bill makes targeted program  
          reductions in an effort to mitigate direct impacts on classroom  
          instruction.  The bill also provides districts with flexibility  
          to access prior year restricted fund balances to be used to  
          backfill the categorical program reductions.


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



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