BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 477
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          Date of Hearing:   June 27, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 477 (Wright) - As Amended:  June 20, 2012

           SENATE VOTE  :   Not relevant to this version
           
          SUBJECT  :   School district reorganization:  bonded indebtedness: 
           Wiseburn Unified School District:  Centinela Valley Union High 
          School District.

          SUMMARY  :   Addresses issues of bonded indebtedness, debt 
          capacity, and the establishment of a revenue limit related to 
          the creation of the Wiseburn Unified School District.  
          Specifically,  this bill  :   

          1)Provides that any tax for repayment of bonds of the current 
            Wiseburn School District (Wiseburn Elementary) shall be levied 
            on all taxable property of the new Wiseburn Unified School 
            District (Wiseburn Unified).

          2)Provides that any tax for repayment of bonds issued by 
            Wiseburn Unified, including bonds authorized by Wiseburn 
            Elementary, shall be levied on all taxable property of 
            Wiseburn Unified.

          3)Provides that, when Wiseburn Unified is formed, any tax for 
            repayment of voter-approved bonds of the Centinela Valley 
            Union High School District (Centinela) approved on or before 
            January 1, 2012 shall be levied on both of the following:

             a)   All taxable property located within Centinela as the 
               district exists following the effective date of the 
               reorganization; and
             b)   All taxable property located within Wiseburn Unified 
               that was formerly part of the territory of Centinela.

          4)Requires Centinela to transfer to Wiseburn Unified $4 million 
            from the proceeds of the sale of bonds approved by voters on 
            November 2, 2010 and issued after January 1, 2012 in 
            recognition of the authority for Centinela to continue levying 
            property taxes on taxable property located within Wiseburn 
            Unified.









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          5)Requires Wiseburn Unified to expend the $4 million for 
            purposes consistent with the original voter authorization for 
            the bonds.

          6)Provides that, for purposes of establishing the bonding limit, 
            the limit for Wiseburn Unified and Centinela shall each be 
            1.25% of the assessed value of all non-residential property 
            located in Wiseburn Unified.

          7)Provides that the bonding limit applicable to bonds payable 
            from ad valorem property taxes of a joint powers authority 
            (JPA) created by Wiseburn Unified and Centinela shall be equal 
            to the limit of the two districts.

          8)Authorizes a JPA created by Wiseburn Unified and Centinela to 
            hold facilities bond elections and provides that debt service 
            of the JPA shall be allocated to each district in proportion 
            to its assessed value of taxable property.

          9)Provides that this bill does not prohibit either district from 
            seeking a waiver of bonding limits established by this bill or 
            any other statutory bonding limit.

          10)Establishes a formula for calculating a revenue limit for the 
            new Wiseburn Unified district as follows:

             a)   Multiply the Wiseburn Elementary revenue limit per ADA 
               in 2012-13 by nine (for the nine grade levels in the K-8 
               district).
             b)   Multiply the Centinela revenue limit per ADA in 2012-13 
               by four (for the four grade levels in the 9-12 district).
             c)   Add the amount in a) and b).
             d)   Divide the amount in c) by 13.

          11)Provides that, for purposes of making the revenue limit 
            adjustment based on salaries and benefits of certificated and 
            classified employees, the ADA of Centinela shall be deemed to 
            make up 25% of the ADA of Wiseburn Unified.

          12)Provides that a high school pupil who resides in Wiseburn 
            Unified may attend a school in Centinela without an 
            interdistrict attendance agreement if Centinela accepts that 
            pupil for attendance.

          13)Provides that the election of approve the unification of 








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            Wiseburn Unified shall be conducted within the territory of 
            the Wiseburn Elementary.

           EXISTING LAW  allows funds from the sale of previously issued 
          school bonds to be used for the acquisition, construction, or 
          improvement of school property that was a part of a former 
          district or to discharge bonded indebtedness in the former 
          district.  However, if the new district accepts and assumes the 
          former district's bonded indebtedness, the funds may be used 
          anywhere in the new district for the purposes for which the 
          bonds were originally voted.

          Existing law also establishes a method for calculating a revenue 
          limit for the new district.  First a blended base revenue limit 
          is computed based on the weighted average revenue limit for the 
          districts involved in the reorganization.  Second, an adjustment 
          is calculated based on classified and certificated employee 
          salary and benefit differentials among the districts involved in 
          the reorganization.  The purpose of this second adjustment is to 
          raise the base revenue limit to a level necessary to support the 
          level of average salaries and benefits provided by the district 
          with the highest average cost per full time equivalent employee. 
           However, only those districts with at least 25% of the total 
          ADA of the new district may be considered as having the highest 
          average compensation cost for this purpose.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    This bill  reflects an agreement between the Wiseburn 
          School District, which is currently a K-8 school district, and 
          Centinela to reorganize Wiseburn as a unified district, serving 
          K-12.  Currently, the territory of Centinela includes four 
          elementary school districts, one of which is Wiseburn.  The 
          other districts are Hawthorne School District, Lawndale 
          Elementary School District, and Lennox School District.  This 
          bill reflects an agreement among all five districts that 
          addresses the following issues:

           Protecting the tax rates of all five school districts for 
          approved but unissued bonds by Centinela  .  This is achieved by 
          allowing the Wiseburn Unified taxpayers to continue to pay debt 
          service on authorized but unissued bonds passed for Centinela.  
          Absent this provision, tax rates in the remaining four districts 
          would go up.  The transfer of $4 million of bond revenue from 
          Centinela to Wiseburn Unified ensures that Wiseburn Unified 








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          taxpayers receive a benefit for the taxes they are paying for 
          the bonds.

           Ensuring that the unification of Wiseburn Elementary does not 
          cause tax rates for future bond authorizations for Centinela to 
          be substantially higher and that Centinela will have a larger 
          assessed valuation and bond capacity after Wiseburn unification 
          than it would have under existing law  .  This is achieved by 
          allowing Centinela and Wiseburn Unified to share a portion of 
          Wiseburn's tax base-specifically, an area of non-residential 
          property-for bonding purposes.  Existing law establishes a debt 
          limit of 2.5% of assessed valuation for unified school 
          districts.  When an elementary school district and a high school 
          district share the same territory, the debt limit is 1.25% of 
          assessed valuation for each district.  This bill treats an area 
          of non-residential property in Washburn Unified in the same 
          manner, with Centinela and Washburn Unified each applying 1.25% 
          of the assessed valuation toward its debt limit and applying 
          revenues from that property to debt service on future bonds, if 
          any.  This bill authorizes this arrangement to be administered 
          by a JPA.  Under existing law, a JPA has the powers of each of 
          its component members.  Therefore, through the JPA, Centinela 
          would be able to use the non-residential property in Washburn 
          Unified for bonding purposes.  

           Creating a revenue limit for the new unified district  .  When 
          school districts are reorganized, existing law specifies a 
          two-step method for establishing a new revenue limit.  The first 
          step is to calculate a blended revenue limit, which is based on 
          the weighted average revenue limit of each of the districts 
          involved in the reorganization.  The second step is to calculate 
          an adjustment based on the salary and benefits differentials for 
          classified and certificated employees in each of the affected 
          districts.  This step "levels up" the new salary schedule to 
          that of the highest district.   However, only a district who's 
          ADA will comprise at least 25% of the ADA of the new district 
          can be considered as having the highest salary schedule.

           This bill  establishes a methodology for computing a blended 
          revenue limit for Wiseburn Unified that results in a base 
          revenue limit of $6,600.26 according to the author's office.  By 
          comparison, the statewide average revenue limit for unified 
          school districts in 2011-12 is $6,536.  

           This bill  also provides that, for purposes of making the salary 








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          and benefits adjustment, 25% of the ADA of Wiseburn Unified 
          shall be deemed to be from Centinela.  The reason, according to 
          the author's office, is that most of the high school students 
          who live in Wiseburn Elementary are attending charter schools in 
          the area of Wiseburn Elementary instead of Centinela schools.  
          Wiseburn Elementary has authorized two charter schools that have 
          a combined enrollment of 1,077.  If they were not attending 
          charter schools, these pupils would likely be attending a high 
          school in Centinela and would attend Wiseburn Unified after 
          unification.  Under existing law, however, charter school 
          enrollment does not count toward the 25% threshold.  If all of 
          the pupils currently enrolled in the charter schools were to 
          transfer to Wiseburn Unified, they would comprise approximately 
          25.3% of the district's enrollment.
          The salary and benefit adjustment is intended to be used when 
          two are more districts and involved in the reorganization.  It 
          removes a potential disincentive for reorganization by ensuring 
          that no district employees would see their compensation reduced 
          as a result.  It can also provide an incentive to reorganize by 
          leveling up the compensation of some employees to the level of 
          the highest component district.

          In this case, however, only one district is involved-Washburn 
          Unified-and no other district employees would be part of the 
          unification.  Therefore, there are no salary or benefit 
          differentials to be adjusted.  Accordingly, staff recommends 
          that the bill be amended to strike the methodology and 
          requirement to make a salary and benefit adjustment to Washburn 
          Unified's base revenue limit.


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Teachers Association
          Inglewood Teachers Association
          Wiseburn School District
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087 









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