BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1811
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          Date of Hearing:   March 28, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    AB 1811 (Bonilla) - As Amended:  March 5, 2012
           
          SUBJECT  :   Charter schools:  funding

           SUMMARY  :   Changes the method for computing the general purpose 
          entitlement for a charter high school that was under the 
          jurisdiction of a unified school district before it converted to 
          charter status.  Specifically,  this bill  :  

          1)Establishes that, for a charter high school that was under the 
            jurisdiction of a unified school district before it converted 
            to charter status, the revenue limit funding for the pupils in 
            grades 9 to 12, inclusive, of the charter school shall be 
            equal to the revenue limit per average daily attendance (ADA) 
            received by the district of which it was a part.
          2)Provides that, if the district's revenue limit funding per ADA 
            increases or decreases, the charter school's revenue limit 
            funding per ADA shall be adjusted proportionately.

           EXISTING LAW  provides for a general purpose entitlement and a 
          categorical block grant for charter schools.  The general 
          purpose entitlement is based on the statewide average revenue 
          limits for elementary school districts, unified school 
          districts, and high school districts.  The general purpose 
          entitlement provides charter schools with the following amounts 
          of funding:

          1)The statewide average elementary school district revenue limit 
            per ADA multiplied by the ADA in kindergarten and grades 1 
            through 5, inclusive.
          2)The statewide average unified school district revenue limit 
            per ADA multiplied by the ADA in grades 6, 7, and 8.
          3)The statewide average high school district revenue limit per 
            ADA multiplied by the ADA in grades 9, 10, 11, and 12.

          The categorical block is based on the statewide average amount 
          of funding per ADA for specified categorical programs.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill addresses a problem that occurs when a 








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          charter school serving pupils in any of grades 9 through 12, 
          inclusive, is established in a unified school district that is 
          not a basic aid district and that has not converted all of its 
          high schools to charter schools.  Specifically, because the 
          charter school's general purpose entitlement is funded from the 
          school district's revenue limit, the unified school district 
          generally ends up subsidizing a portion of the charter school's 
          general purpose entitlement.  The formula works as follows:

          1)For purposes of computing its revenue limit apportionment, the 
            unified district adds the ADA of the students in the charter 
            school that would otherwise attend a district school to its 
            own ADA.
          2)The district's revenue limit apportionment is calculated by 
            multiplying its revenue limit per ADA times the ADA computed 
            in step 1.
          3)The charter school's general purpose entitlement is computed 
            by multiplying the statewide average revenue limit for high 
            school district by the charter school ADA.
          4)The amount computed in step 3 is subtracted from the amount 
            computed in step 2.  This amount becomes the district's 
            revenue limit apportionment.

          This methodology essentially results in the unified school 
          district transferring to the charter high school a greater 
          amount per ADA than the district receives per ADA in its revenue 
          limit apportionment. This is because the charter school general 
          purpose entitlement per ADA is greater than the district's 
          revenue limit per ADA.   For example, information provided by 
          the author's office indicates that the revenue limit for the Mt. 
          Diablo Unified School District is $5,207, but the district must 
          transfer $6,148 per ADA to a proposed charter school-a 
          difference of $941 per ADA.  

          At one time, high school charter schools were funded directly by 
          the state at the high school district revenue limit rate.  
          However, this created an incentive for unified districts to 
          "game the system" by converting their existing high schools to 
          charter schools in order to get the higher level of funding.  
          This was addressed in 2005 by SB 319 (Migden).  That bill 
          provided that, for conversion high schools in unified school 
          districts (other than basic aid districts), the charter school's 
          general purpose entitlement per ADA be based on the level of 
          general purpose funding provided to the school by the district 
          in the year prior to conversion.  Once that base level of 








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          funding is established, SB 319 required that it be increased 
          each year for the cost-of-living adjustments and other revenue 
          limit increases that are provided in the Budget Act.

          However, SB 319 did not provide for a decrease in the charter 
          school entitlement when revenue limit funding is reduced.  As a 
          result, the transfer of funds from unified school districts to 
          their high school charter schools remained the same, even as 
          district funding was reduced.  This was addressed in 2009 by SB 
          191 (Wright).  That bill provided that the formula established 
          by SB 319 would not apply to conversion charter schools in 
          unified school districts after January 1, 2010.  Instead, 
          general purpose funding for such schools is governed by the 
          pre-SB 319 formula, with the funding coming from the district, 
          causing the problem described above.

           This bill  provides that general purpose funding for conversion 
          high school charter schools per ADA in unified school districts 
          shall be equal to the revenue limit per ADA of the district of 
          which it was a part, and that this amount shall be increased or 
          decreased each year consistent with increases or decreases in 
          revenue limit funding.  This may swing the pendulum too far in 
          the opposite direction-instead of the district subsidizing the 
          charter school's general purpose entitlement, the charter school 
          would be underfunded relative to the statewide average high 
          school revenue limit.

           Staff recommends  that the bill be amended to return to the 
          funding model contained in SB 319 (Migden), which based the 
          charter school's general purpose apportionment on the certified 
          level of funding provided to the charter school in the year 
          prior to conversion. This would provide a balance between 
          recognizing the higher cost of providing a high school-level 
          education while avoiding a severe negative financial impact on 
          the unified district.  Staff further recommends that this amount 
          be adjusted each year to account for increases and decreases in 
          revenue limit funding.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Association of California School Administrators
          An individual









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           Opposition 
           
          California Association of Charter School Advocates
           
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087