BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 169
AUTHOR: Torres
AMENDED: March 25, 2011
FISCAL COMM: Yes HEARING DATE: June 8, 2011
URGENCY: No CONSULTANT: Daniel Alvarez
SUBJECT : Education finance: County Offices of Education.
SUMMARY
This bill defines school districts to include county
offices of education and "other agencies or entities" so
that the county offices and other agencies or entities 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 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
AB 169
Page 2
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.
This bill serves a technical purpose in that it 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, and all other educational
agencies deemed eligible are required to be considered by
the State Board of Education when any application or
allocation of federal funds is being made.
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
offices 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) California Department of Education (CDE) . The CDE
indicates that there are no instances where federal
education funds are currently made available to school
districts, but not to California Office of Education
(COE) or other agencies, unless there is federal or
state statute requiring that differentiation; this is
true despite there being no current statutory
requirement on the inclusion of COE or other
AB 169
Page 3
educational agencies. This bill would thus codify
current practice and continue to ensure that all
eligible educational entities are included in federal
funding opportunities available to the state.
3) Prior and related legislation .
AB 1683 (Torres, 2010) and AB 339 (Torres, 2009), both
bills were nearly identical to this measure and both
were vetoed by Governor Schwarzenegger. The more
recent veto message of AB 1683 read:
"Nothing in current law prohibits county offices of
education from receiving federal funds consistent with
federal law. The Administration does not have any
evidence that county offices of education have been
denied access to federal dollars that should
appropriately be distributed to them. Therefore, it
is unclear why the statutory change in this bill is
necessary.
However, I am directing the State Board of Education
to be especially cognizant of this issue and be
diligent about working with the State Department of
Education and the county offices of education to
ensure that no inadvertent omissions occur in the
future."
SUPPORT
Alameda County Board of Education
Alameda County Office of Education's Alliance for the Arts
Learning Leadership
Alameda County Superintendent of Schools
California School Boards Association
Kern County Superintendent of Schools
Los Angeles County Office of Education
Monterey County Office of Education
Riverside County Superintendent of Schools
OPPOSITION
None on file.
AB 169
Page 4