BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 84
                                                                  Page  1


          SENATE THIRD READING
          SB 84 (Steinberg)
          As Amended  September 10, 2009
          Majority vote  

           SENATE VOTE  : Vote not relevant  
           
           APPROPRIATIONS      11-5                                        
           
           ---------------------------------------------------------------- 
          |Ayes:|De Leon, Ammiano, Charles    | |                          |
          |     |Calderon, Coto, Davis,       | |                          |
          |     |Fuentes, Hall, John A.       | |                          |
          |     |Perez, Skinner, Solorio,     | |                          |
          |     |Torlakson                    | |                          |
          |     |                             | |                          |
          |-----+-----------------------------+-+--------------------------|
          |Nays:|Conway, Harkey, Miller,      | |                          |
          |     |Nielsen,                     | |                          |
          |     |Audra Strickland             | |                          |
           ---------------------------------------------------------------- 

           SUMMARY  :  Requires the revenue limit reduction (enacted as part  
          of the July 2009 Budget package) associated with capturing  
          General Fund (GF) savings under the Quality Education and  
          Investment Act (QEIA) program to occur only when an equivalent  
          amount of additional federal or state funds are available to  
          school districts or charter schools, as specified.   
          Specifically,  this bill  : 

          1)Requires the Superintendent of Public Instruction (SPI) and  
            the Director of Finance (DOF) to make the determination that  
            additional federal or state funds are available before  
            enacting the revenue limit reduction, as specified.  Expresses  
            legislative intent that first priority for restoring the  
            revenue limit reduction be federal funds.   

          2)Authorizes the additional state and federal funds specified in  
            this measure to be used by school districts and charter  
            schools as general purposes funds, as specified.  

          3)Requires the SPI and DOF to report to the Legislature, by  
            March 1, 2010, the amount of the revenue limit reduction  
            (reference above) that will not be eligible for restoration  








                                                                  SB 84
                                                                  Page  2


            using available federal funds.  

          4)Requires the State Department of Education (SDE) to use $64.9  
            million in one-time carryover provided under the federal Title  
            I set-aside grant (funds for poor and needy pupils), as  
            allocated in the Budget Act enacted in July 2009, to be used  
            for the QEIA program, as specified.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Potential GF/98 cost pressure of approximately $384.7 million  
            to provide additional state funds to local education agencies  
            (LEAs) who participate in the QEIA program in order to offset  
            the revenue limit reduction enacted in AB 2 X4 (Evans),  
            Chapter 2, Statutes of 2009, as specified.  

          2)Expresses legislative intent that first priority for the  
            restoration of the revenue limit reduction be federal funds.   
            To the extent that additional federal funds are identified for  
            this purpose, this cost may be significantly reduced.  For  
            example, the budget revision enacted in July 2009 identifies  
            approximately $347 million in federal funds for this purpose.   
            Of this amount, $165 million are federal Title I set-aside  
            funds (annual and carryover) and approximately $182 million  
            are federal School Improvement Grant funds (see comment 2)  
            below).  As a result, if all federal funds were able to be  
            used, the GF/98 costs would be approximately $37.7 million.   

           COMMENTS  

           Background  .  The QEIA program authorizes LEAs to apply for  
          funding to allocate to elementary, secondary and charter schools  
          that are ranked in either decile one or two of the Academic  
          Performance Index (as determined in 2005).  A total of $402  
          million is allocated to implement this program, which involves  
          reducing class size, implementing staff development, and  
          reducing the student to school counselor ratio at schoolsites.   
          According to the SDE, 487 schools receive QEIA funding.

          AB 2 X4 (Evans), Chapter 2, Statutes of 2009, swept the QEIA  
          program funding, along with payments for community colleges, for  
          a total of $450 million GF savings in the 2009-10 fiscal year  
          (FY).  In order to realize the ongoing GF savings, Chapter 2  








                                                                  SB 84
                                                                  Page  3


          reduced each LEA's revenue limit funding (general purpose) by  
          the equivalent amount of QEIA program funding it receives.  This  
          reduction is in addition to the overall $2.4 billion revenue  
          limit cut that all LEAs received in July 2009.  

          Furthermore, AB 2 X4 authorized LEAs participating in QEIA to  
          apply, on behalf of their schoolsites, to SDE for federal Title  
          I set-aside funds and federal School Improvement Grant (SIG)  
          funds (see comment #2 below).  Chapter 2 also requires SDE to  
          award grants to schoolsites in the 2009-10 FY pursuant to the  
          requirements of these federal funds.  

          Since July 2009, LEAs who receive QEIA program funds have  
          expressed strong objection to receiving the additional revenue  
          limit reduction without certain assurances that federal funds  
          would be available as specified in AB 2 X4.   Also, LEAs have  
          objected to reducing general purpose funding (revenue limit) and  
          replacing it with restricted funds (federal dollars).  

          LEAs have asked the Legislature to ensure: 1) the revenue limit  
          reduction does not occur until additional federal or state funds  
          are available; and, 2) the additional state or federal funding  
          provided to them is equivalent to revenue limit funding.    

          This bill prohibits the revenue limit reduction associated with  
          the QEIA program from occurring until the SPI and DOF determine  
          there is additional state or federal funds available to LEAs, as  
          specified.  It also authorizes LEAs to use the additional funds  
          for general purposes.   


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081 


                                                                FN: 0003174