BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1811
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          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1811 (Bonilla) - As Amended:  April 10, 2012 

          Policy Committee:                              Education 
          Vote:7-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill, commencing with the 2013-14 fiscal year (FY), 
          requires the general purpose funding of a conversion charter 
          school in a unified school district, to be based on the amount 
          per unit of average daily attendance (ADA) allocated in the 
          prior year, adjusted for inflation, deficit reduction, and any 
          other state general purpose increases or decreases, as 
          specified.  This bill also:  

          Exempts a conversion charter school established on or after 
          January 1, 2010 and before December 31, 2012 from this bill's 
          requirements.  Further specifies nothing in this measure 
          precludes a charter school or unified school district from 
          agreeing to an alternative funding formula.  

           FISCAL EFFECT  

          Indeterminate potential GF/98 general purpose savings, likely in 
          the thousands, to unified school districts with conversion 
          charter schools, as specified.  Actual costs will depend on the 
          number of conversion charter schools located in unified school 
          districts.  There were 334 unified school districts in the state 
          in 2010-11.    

           COMMENTS  

           1)Background  . A charter school is a public school that may 
            provide instruction in any of grades K-12. It is usually 
            created or organized by a group of teachers, parents and 
            community leaders or a community-based organization. A charter 
            school may be authorized by an existing local public school 








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            board, county board of education, or the State Board of 
            Education. Specific goals and operating procedures for the 
            charter school are detailed in an agreement (charter) between 
            the sponsoring board and charter organizers. A charter school 
            is generally exempt from most laws governing school districts, 
            except where specifically noted in the law.  

            According to the Legislative Analyst Office report entitled: 
            Comparing Funding for Charter Schools and Their School 
            District Peers (January 2012), "Both charter schools and 
            school districts receive base per-pupil funding that can be 
            used for any educational purpose. This funding is primarily 
            used for the general operating costs associated with schools, 
            such as salaries and benefits for teachers, administrators, 
            aides, and other school support staff. This is the largest 
            funding source for both school types. Despite these 
            similarities, differences exist in how charter school and 
            school district rates are determined. School district rates 
            are unique to each district based on historical factors. In 
            contrast, charter schools all receive the same per-pupil 
            general purpose rate based on school districts' statewide 
            averages in four grade spans: K-3, 4-6, 7-8, and 9-12. Charter 
            school rates range from $5,077 for schools with students in 
            kindergarten through  third grade to $6,148 for charter high 
            schools."

            SB 319 (Migden), Chapter 355, Statutes of 2005, established an 
            alternative method for calculating revenue limit funding 
            (general purpose) for conversion charter schools in a unified 
            school district. Specifically, Chapter 355 requires a 
            conversion charter school in a unified school district to 
            receive the same funding it did in the prior year (when the 
            school was a "regular public school" in a unified school 
            district), with adjustments as specified. Likewise, SB 319 
            requires the unified school district to certify this funding 
            formula and it becomes the basis for the charter school's per 
            pupil revenue limit funding in future years. 

           2)Purpose  .  A consequence of the SB 319 funding formula is there 
            is not a mechanism to apply any budget reductions to the 
            calculation because the charter school receives the same 
            funding it did in the prior year.  According to the author, 
            "Existing law provides school districts ADA funding based on 
            grade level. Funding rates reflect the cost of providing 
            educational services at each grade level. For example, the 








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            rate for high schools is higher than for elementary schools.  
            This funding differential creates a fiscal burden on a unified 
            district, when a high school converts because the converted 
            charter high school is entitled to the higher high school 
            funding rate. Unified districts are required to make up the 
            difference."

            The author provided the following example to the committee in 
            support of this bill: 

            The Contra Costa County Board of Education recently approved 
            the conversion of Clayton Valley High School (CVHS) as a 
            charter high school.  Mt. Diablo Unified School District 
            receives the unified district rate of $5,207 per student; 
            however, CVHS is entitled to and will receive the statewide 
            average funding rate for high school districts, which is 
            $6,148. The difference of $941, between the unified rate and 
            the high school rate, would come directly from Mt. Diablo's 
            budget and from the funds received for the other students in 
            the district."

            This bill requires a conversion charter school in a unified 
            school district to receive its general purpose funding based 
            on the amount it received in the prior year.  

           3)Opposition  .  The California Association of Charter Schools 
            Advocates (CACSA) argues: "Under this bill, a conversion 
            charter high school is likely to receive a rate that is 
            substantially lower than the statewide charter high school 
            rate that it would otherwise receive.  A charter school 
            typically has additional expenses that are not calculated in a 
            blended unified rate; most notable and substantial are 
            facility expenses that at best are only partially covered by 
            the state and are otherwise paid for out of its ADA."  

           4)Limiting the scope of the bill  ?  This measure was heard in the 
            Assembly Education Committee on March 28, 2012 and the author 
            agreed to amendments.  The amendments were to limit the bill 
            to conversion charter high schools in a unified school 
            district.  Currently, the bill applies to all conversation 
            charter schools.  The author and Assembly Education Committee 
            staff concur the bill should only apply to conversion charter 
            high schools as such, the bill will be amended to reflect 
            this.      









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