BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1683
AUTHOR: Torres
AMENDED: May 28, 2010
FISCAL COMM: Yes HEARING DATE: June 30, 2010
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Federal Education Funding
KEY POLICY ISSUE
Does the state need to ensure that the State Board of
Education does not inadvertently leave out county offices of
education when allocating federal funds?
SUMMARY
This bill defines school districts to include county offices
of education and "other agencies" so that the county offices
and other agencies will be eligible for federal funding
distributed by the State Board of Education.
BACKGROUND
Current law provides that whenever federal aid to education
is provided to the state, and the disposition of the funds is
not otherwise specified by federal or state law, then the
distribution of those funds to local educational agencies
shall be determined by the State Board of Education,
consistent with the requirements of federal law. (Education
Code 12000)
Current law provides for county boards of education and
county superintendents of schools to direct county offices of
education. County offices of education operate a variety of
alternative schools such as county community schools,
juvenile court schools, as well as Regional Occupational
Programs and Centers (ROP/C) and Special Education Local Plan
Areas (SELPA). County offices also assist school districts
in a variety of ways, providing instructional and financial
support services and exercising oversight over the fiscal
condition of districts, among other functions. (EC 1000
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Page 2
et. al.)
County offices have historically received federal funds
provided for services related to their areas of
responsibility, such as special education and neglected and
delinquent youth. On the other hand, counties have often not
been eligible for federal funds under programs such as the
Title I basic grants because those programs are distributed
to schools on the basis of the characteristics of pupils in
an attendance area, and county schools serve pupils that are
referred to them, but do not serve pupils on the basis of
their residence in an attendance area.
ANALYSIS
This bill defines school districts to include county offices
of education and "other agencies" so that the county offices
and other agencies will be eligible for federal funding
distributed by the State Board of Education.
STAFF COMMENTS
1) Need for the bill . According to the author, this
measure would clarify that the state allocations of
federal funds to school districts also include county
office of education. This legislation would provide
equity in funding county offices of education. County
offices of education play a vital role in providing
educational programs and services for students, parents,
school districts and the community. This measure will
ensure the county offices are not inadvertently left out
when federal funds are allocated.
2) Prior and related legislation .
AB 339 (Torres), which is nearly identical to this
measure, was vetoed with the following message:
"This bill would redefine "school districts" to include
school districts, county offices of education, and
other agencies deemed eligible pursuant to state and
federal law, for the purpose of allocating federal
education funds. However, in its current form, I am
concerned that the bill may have unintended
consequences for charter schools and/or other
educational agencies currently eligible for these
federal funds."
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3) Staff recommends an amendment that would include
"charter schools, where applicable" in the definition of
other agencies.
SUPPORT
Advancement Project
American Federation of State, County and Municipal Employees
California State PTA
Fight Crime Invest in Kids, California
Kern County Office of Education
Los Angeles County Office of Education
OPPOSITION
None received.