BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 60
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          Date of Hearing:   April 1, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 60 (Coto) - As Introduced:  December 9, 2009
           
          SUBJECT  : Education finance: study relating to weighted pupil  
          funding formulas

           SUMMARY  : Requires the Superintendent of Public Instruction (SPI)  
          to enter into an agreement for the completion of a comprehensive  
          study of key factors to be considered in the creation of weights  
          within a weighted student funding formula for California.   
          Specifically,  this bill  : 

          1)Makes Legislative findings and declarations related to  
            California's academic ranking relative to other states, the  
            Getting Down to Facts research studies, and the necessity of  
            replacing California's education finance system.

          2)States the Legislature's intent to simplify the funding  
            system, equalize per pupil funding while accounting for  
            geographic and student cost differences, and focus per pupil  
            funding.

          3)Requires the SPI to select a non-profit entity or institution  
            of higher education with extensive experience working in  
            California education by issuing a request for proposals that  
            includes priorities, parameters, criteria and a clear  
            definition of the work expected. 

          4)Requires the comprehensive study to include a set of  
            recommendations for a weighted student formula, based on  
            differing student need and on objective and thorough research.  


          5)Requires the SPI to select the entity performing the study not  
            later than March 1, 2010, and the completed study to be  
            submitted to the SPI for distribution to the Legislature by  
            December 31, 2010.

          6)Prohibits the amount paid for completion of this study from  
            exceeding $150,000.

          7)Requires the study to include, but not be limited to, an  








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            examination and discussion of:

             a)   Weighted student formulae in other states and nations.

             b)   Relevant scholarly literature.

             c)   Data on current funding levels and the relation to  
               student success.

             d)   The availability of data for use in implementing new  
               funding formulae.

             e)   Current California weighted funding levels when  
               considered in terms of categorical allowances and other  
               supplemental programs serving specific student populations.

             f)   Appropriate funding weighted factors deemed to meet the  
               needs of special need student populations, including, but  
               not limited to English learners, special education pupils,  
               and pupils from low-income households.

             g)   Appropriate funding defined to meet the educational  
               needs of all students with added weighted factors to take  
               into account special need.

             h)   Recommendations for demonstrating and ensuring  
               accountability for pupil achievement under the new funding  
               formulae.

             i)   The possibility of incorporating existing state mandated  
               cost obligations into the new formulae without eliminating  
               prior-year payments owed to local education agencies.

             j)   A proposed 'best course of weighted student formula'  
               action based on and supported by an extensive body of  
               research.

          8)Makes this statute inoperative on July 1, 2011 and repealed as  
            of January 1, 2012 unless a later enacted statute deletes or  
            extends that date.

           EXISTING LAW  :

          1)Provides for Revenue Limit (base discretionary) funding for  
            school districts that is, in part, based on average daily  








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            attendance (ADA), where ADA is calculated by dividing the  
            number of days of attendance for all pupils enrolled in the  
            district by the number of instructional days in the district's  
            fiscal year, and a day of attendance is generally defined as a  
            minimum number of instructional minutes (specific to grade  
            level) in a classroom setting with a certificated employee of  
            the school district present. The funding computation uses the  
            annual ADA reported by each district in the last attendance  
            report of the fiscal year, for the current or prior fiscal  
            year, whichever is greater.  Total Revenue Limit (local  
            property taxes plus state General Fund) funding for a district  
            is then calculated by multiplying the district's set (per  
            pupil) base revenue limit by ADA.

          2)Provides, historically in specific years, funding and a  
            mechanism for equalizing school district revenue limits by  
            increasing the base revenue limit for some set of low revenue  
            limit districts.

          3)Establishes and funds categorical programs that focus  
            resources and/or compliance requirements on specific classes  
            of students or schools, or on specific uses of funds,  
            identified by the Legislature as priorities.  Each of these  
            categorical programs has a mechanism for allocating or  
            apportioning program funds; those mechanisms can be formulaic,  
            application driven, or competitive in nature.

          4)Consolidates a number of historical categorical programs into  
            a smaller set of block grants, where a block grant gives  
            funding recipients the flexibility to spend the funds across  
            any of the previously individual programs consolidated into  
            that block grant.

          5)Allows for limited transfers of funds between specific  
            categorical programs.

          6)Provides for temporary flexibility to spend the funds  
            appropriated for nearly all categorical programs in order to  
            relieve local budget pressure created by the current economic  
            downturn.

           FISCAL EFFECT  : Places a maximum of $150,000 for completion of  
          the required study; creates minimal General Fund state  
          operations costs to the California Department of Education (CDE)  
          for contract development and oversight.








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           COMMENTS  : According to the author, "The current K-12 funding  
          process is overly complicated and the result of years of  
          make-shift pieces.  It is neither a coherent nor an equitable,  
          nor a transparent plan."  The author also states that, "Some  
          students are funded at nearly twice the rate of others. Often,  
          the neediest students receive fewer dollars. This inequity and  
          lack of transparency is generally considered a factor in  
          California's achievement gap in student performance."  

          In March 2007, the Institute for Research on Education Policy  
          and Practice released Getting Down to Facts: School Finance and  
          Governance in California, a research project intended to provide  
          policymakers and the public with comprehensive information about  
          the status of the state's school finance and governance systems.  
           Getting Down to Facts consists of several research reports  
          addressing issues of school finance, governance, charter  
          schools, and special populations of pupils (English language  
          learners (ELs), special education, etc.).  In the area of school  
          finance, the reports argue that the current funding formula for  
          K-12 education is not meeting student outcomes goals, especially  
          for students in poverty.  Likewise, the reports also conclude  
          that more money in the current finance system is unlikely to  
          dramatically improve student achievement to meet expectations,  
          unless accompanied by significant policy reforms.  Specially,  
          one report states, "the current distributions of spending per  
          pupil across school districts is not well-correlated with  
          factors that increase costs and decrease performance, such as  
          students living in poverty or ELL pupils."

          One conclusion that has been made from these studies is that a  
          move to a weighted student funding formula is called for; this  
          point was echoed in 2008 by the Governor's Committee on  
          Education Excellence, that recommended that the state should  
          "Provide a base level of resources for every student and then  
          provide additional resources for students who need the most help  
          - particularly those from low-income families and those who are  
          English learners."  This bill directs the SPI to contract for a  
          study to further examine a weighted student funding model,  
          including an examination of the processes whereby the weights in  
          such a model would be determined.  This study will provide  
          information that will be necessary should the Legislature choose  
          to move toward a weighted student funding model in the future.

          If the Committee chooses to pass this bill, then Committee staff  








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          recommends that the author, as the bill moves forward, keeps  
          Committee staff informed and continue to work on providing  
          further clarification as to the specific approaches to  
          determining funding weights that should be examined in this  
          study.

          Committee amendments: Committee staff recommends, and the author  
          has accepted, the following amendments to this bill:

          1)Convert the findings and declarations in this bill to  
            uncodified language; this will include the findings and  
            declarations in the bill, but not amend that language into the  
            Education Code.

          2)Add "gifted and talented pupils" to the list of special needs  
            populations for which the study is required to discuss  
            appropriate funding weighting factors.  

          Related legislation: AB 8 (Brownley), pending in Assembly  
          Education, creates a working group to develop a plan for  
          restructuring California's school finance system; that plan  
          might include, but is not limited to, a weighted student  
          approach.  If both AB 8 and AB 60 are enacted, then the AB 8  
          working group would make use of any information produced in the  
          course of the AB 60 study, in the same way that the AB 8 working  
          group is designed to build upon the GDTF and GCEE research and  
          findings.

          Previous legislation: A number of bills have recently proposed  
          to further planning for education finance reform.  AB 2159  
          (Brownley), held in the Senate Rules Committee in 2008, would  
          have established a commission to develop a plan for reforming  
          the school finance system.  AB 2394 (Coto), held in the Assembly  
          Appropriations Committee in 2008), was substantially similar to  
          AB 60.  AB 586 (Coto), held in the Assembly Appropriations  
          Committee in 2008, would have stated Legislative intent to  
          replace the funding mechanisms for kindergarten through twelfth  
          grade education with a weighted student funding formula that  
          also included adjustments for grade level and geographic cost  
          differences, and would have directed the SPI to convene a  
          working group to develop the statutory language that would enact  
          this intent.  SB 146 (Scott), vetoed in 2008, would have  
          directed the SPI to make calculations that would inform a future  
          change from attendance to enrollment based funding.  AB 1782  
          (Mullin), held in the Senate Education Committee in 2006, would  








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          have distributed multi-state lottery revenues allocated to K-12  
          education on a weighted per pupil formula.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Association of School Business Officials
          California State PTA
          San Francisco Unified School District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087