BILL ANALYSIS
AB 1683
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1683 (Torres)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: |75-0 |(June 2, 2010) |SENATE: |33-0 |(August 5, |
| | | | | |2010) |
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Original Committee Reference: ED.
SUMMARY : Requires the State Board of Education (SBE) to include
school districts, county offices of education (COEs), charter
schools and other agencies deemed eligible pursuant to state and
federal law, in any application for federal aid to education, in
any allocation of federal funds made pursuant to law, and in any
rules and regulations adopted governing the allocation of those
funds.
The Senate amendments clarify that charter schools are included
in the provisions of this bill.
EXISTING LAW :
1)Provides base funding by requiring the SPI to make prescribed
calculations for the apportionment of state aid to local
educational agencies; also 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.
2)Authorizes the allocation and apportionment of federal funds
to recipients and for uses, as specified in federal and state
law; also requires the SBE to make timely application for
federal education funds and to direct the allocation of
federal funds to local education agencies.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill makes a proposal related to the inclusion
AB 1683
Page 2
of COE's in federal funding, which was made by AB 339 (Torres)
in 2009; AB 339 was passed by the Legislature and subsequently
vetoed by the Governor.
Specifically, this bill proposes to require the SBE to include
COEs and charter schools in any application for federal aid to
education, in any allocation of federal funds currently made to
school districts, and in any rules and regulations adopted to
govern the allocation of those funds. This proposal has pointed
out inconsistencies in statute. In the code sections amended by
this bill, regarding the SBE making applications for federal
funds or allocating those funds, there are references to "school
districts", "local education agencies", and "local school
districts and other agencies entitled to receive federal funds
for the support of schools." These different references do not
appear to be related to any substantive difference in the
treatment of those agencies in terms of the application for or
allocation of federal funds. Despite these inconsistencies,
this proposal, to have the students and schools under the
administration of COEs and charter schools included in
applications and eligible for the receipt of federal funds,
appears to be consistent with the intent of the Legislature as
stated in the Education Code sections amended by this bill.
Given this conclusion, this proposal is of a technical nature in
that it would serve to clarify that COEs and charter schools be
considered for eligibility for federal education funds during
application or allocation.
Effectively, this bill reconciles existing ambiguous and
seemingly interchangeable references to "school districts" and
"local education agencies" in existing law, and thus clarifies
that school districts, county offices of education, charter
schools and all other educational agencies, including
educational joint powers authorities, deemed eligible under law
are required to be considered by the SBE when any application
for or allocation of federal funds is being made.
Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087
FN: 0005399