BILL ANALYSIS                                                                                                                                                                                                    �



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          Date of Hearing:   April 23, 2014

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                AB 1946 (Chesbro) - As Introduced:  February 19, 2014
           
          SUBJECT  :   School finance:  necessary small high schools

           SUMMARY  :   Expands the definition of a necessary small high  
          school to include a high school maintained by a unified school  
          district as the only comprehensive high school if the high  
          school has an average daily attendance of less than 300 pupils  
          and the school district has 50 or fewer pupils per square mile  
          of school district territory.  

           EXISTING LAW  defines a necessary small high school as a high  
          school with an average daily attendance (ADE) of less than 286  
          pupils and that meets specified requirements relating to  
          geographic isolation.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Necessary small schools (NSS) are funded on the  
          basis of a combination of ADA and the number of teachers  
          employed, instead of ADA only.  This results in a higher level  
          of funding for those schools in recognition of the higher cost  
          of operating them.  To qualify for NSS funding, a school must be  
          small (fewer than 97 ADA for elementary schools and fewer than  
          287 ADA for high schools), be in a district with fewer than  
          2,501 ADA, and be geographically isolated, as measured by  
          traveling distance to the next nearest school.  (The distance  
          requirement varies based on the size of the school's ADA.)

          Prior to the enactment of the local control funding formula  
          (LCFF) some high schools qualified for NSS funding even if they  
          didn't meet the distance requirement, as long as they were the  
          only high schools maintained by their district.  A 2011 report  
          by the Legislative Analyst's Office (LAO) concluded, in part,  
          that the additional funding provided to necessary small schools  
          "are subsidizing very small schools that qualify not because  
          they are geographically isolated, but simply because the local  
          community has chosen to maintain a small single-school  
          district."  The LAO also noted that small schools typically  
          offer limited educational programs, particularly at the high  
          school level.








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          The LCFF eliminated the exemption from the distance requirement  
          for small high schools in single high school districts.   This  
          bill  reinstates it, with the added provision that the district  
          have 50 or fewer pupils per square mile of school district  
          territory.  

          According to the author's office, this bill requalifies seven  
          districts for NSS funding.  Based on data provided by the  
          author's office, the table below shows the average annual  
          reduction in funding for the four-year period from 2013-14 to  
          2016-17, inclusive, due to the loss of NSS eligibility.  The  
          table also shows the amount lost per 2012-13 ADA (the most  
          recent data available) and as a percentage of 2012-13 total  
          revenue.





           ----------------------------------------------------------------- 
          |            |            | Average Annual Reduction Due to Loss  |
          |            |            |  of NSS Status over Next Four Years   |
           ----------------------------------------------------------------- 
          |------------+------------+------------+------------+------------|
          |            |            |            |            |            |
          |            |  2012-13   |            |Per 2012-13 |  As % of   |
          |  District  |   Total    |   Total    |    ADA     |  2012-13   |
          |            |  Revenue   |            |            |  Revenue   |
          |------------+------------+------------+------------+------------|
          |Alpaugh     | $3,117,367 |    n/a     |    n/a     |    n/a     |
          |------------+------------+------------+------------+------------|
          |Biggs       | $5,215,873 |  $313,949  |    $605    |    6.0%    |
          |------------+------------+------------+------------+------------|
          |Ferndale    | $4,214,459 |  $267,962  |    $549    |    6.4%    |
          |------------+------------+------------+------------+------------|
          |Los Molinos | $4,857,836 |  $332,738  |    $605    |    6.8%    |
          |------------+------------+------------+------------+------------|
          |Maricopa    | $3,577,243 |  $420,625  |    $394    |   11.8%    |
          |------------+------------+------------+------------+------------|
          |Maxwell     | $3,426,110 |  $315,041  |    $958    |    9.2%    |
          |------------+------------+------------+------------+------------|
          |Princeton   | $2,194,532 |  $290,018  |   $1,495   |13.2%       |
           ---------------------------------------------------------------- 









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          [Note:  the column showing 2012-13 total revenue includes  
          federal revenue and home-to-school transportation aid, which the  
          districts will continue to receive in addition to their LCFF  
          funding.  Alpaugh did not provide comparable data.]  

          The table above shows the difference between what the districts  
          would have received with NSS eligibility and what they will  
          actually get from the LCFF without NSS eligibility.  In other  
          words, it does not show actual funding cuts.  In fact, all of  
          these districts will see their LCFF revenue grow over this  
          four-year period, but it won't grow as fast as it would if NSS  
          eligibility is restored.  The table below shows the projected  
          growth in LCFF funding for the six district for which data are  
          available.  

           ----------------------------------------------------------------- 
          |                  |Projected Growth in LCFF Revenue from 2013-14 |
          |                  |                 to 2016-17                   |
           ----------------------------------------------------------------- 
          |------------------+----------------------+-----------------------|
          |     District     | With NSS Eligibility |      Without NSS      |
          |                  |                      |      Eligibility      |
          |------------------+----------------------+-----------------------|
          |Biggs             |         16%          |          7%           |
          |------------------+----------------------+-----------------------|
          |Ferndale          |         33%          |          22%          |
          |------------------+----------------------+-----------------------|
          |Los Molinos       |         25%          |          18%          |
          |------------------+----------------------+-----------------------|
          |Maricopa          |         24%          |          10%          |
          |------------------+----------------------+-----------------------|
          |Maxwell           |         21%          |          12%          |
          |------------------+----------------------+-----------------------|
          |Princeton         |         46%          |22%                    |
          |                  |                      |                       |
           ----------------------------------------------------------------- 
                                           

          Policy question  .  For many years, it had been the policy of the  
          state to provide NSS eligibility for a high school that did not  
          meet the NSS distance requirements if it was the only high  
          school in a unified district.  Repealing this exception was part  
          of the agreement on the LCFF that was reached between the  
          Legislature and the Administration last year.  Part of the  
          rationale for repealing this exception was that these schools  








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          enroll many pupils that qualify them for the supplemental grant  
          and concentration factor funding increases to the LCFF basic  
          grant.  However, the LCFF still falls short of what those  
          districts would receive with NSS eligibility. The policy  
          question before the Committee is whether to reverse last year's  
          agreement and restore NSS eligibility to these seven districts.
           
          Arguments in support.   According to the author's office, if this  
          bill is not enacted "each of these seven school districts will  
          lose funding necessary to maintain the operation of the only  
          high school in that unified school district, and will be forced  
          to close the school and implement other reductions that would  
          impact their K-8 schools."  The affected districts argue that  
          retaining NSS funding is necessary not just to maintain the  
          quality of programs currently offered to their students, but to  
          maintain the programs themselves.

          Letters from the affected districts provide the following  
          examples (among others) of the impact of the loss of NSS  
          eligibility:

                 The opportunity to participate in sports and other  
               extracurricular and co-curricular programs would be  
               eliminated.
                 Students would feel disenfranchised, ostracized, and  
               subjugated if forced to attend another school in a hostile  
               environment.
                 Parental involvement would diminish due to longer travel  
               distances to their children's schools.
                 Instructional aide positions would be eliminated.
                 Class sizes would increase, especially due to creating  
               combination classes that cover more than one grade level.
                 Districts would not be able to maintain competitive  
               salaries for their employees.

           Recommended amendments.   Should the Committee vote to pass this  
          bill, staff recommends three amendments.  First, the bill  
          qualifies a high school with less than 300 pupils for NSS  
          funding if it "the only comprehensive high school" in the  
          district.  This means the district could stay below the 300  
          pupil limit by opening specialized secondary schools or charter  
          schools and remain eligible for NSS funding even though the  
          total district high school enrollment exceeds 300 pupils.  To  
          prevent this, staff recommends that the bill be amended to  
          strike the reference to "the only comprehensive high school" and  








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          replace it with "the only high school in the district."

          Second, the enrollment limit for necessary small high school  
          designation is 286 pupils, because a higher enrollment would  
          generate more funding for the school under the LCFF than under  
          the NSS formula.  To be consistent with existing law, staff  
          recommends that the enrollment limit in this bill be changed  
          from 300 to 286.

          Third, this bill establishes a density limit of 50 pupils per  
          square mile of school district territory, but does not specify  
          whether "pupils" should be measured by enrollment or ADA.  Staff  
          recommends that the bill be amended to specify pupils as  
          measured by enrollment, to be consistent with the  
          enrollment-based pupil count for the determination of NSS  
          status.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alpaugh Unified School District
          Association of California School Administrators
          California School Boards Association
          City of Maricopa
          Colusa County Office of Education
          County of Humboldt
          Ferndale Unified School District
          Glenn County Superintendent of Schools
          Humboldt County Superintendent of Schools
          Kern County Superintendent of Schools
          Maricopa High School Booster Club Organization
          Maricopa Parent Teacher Organization
          Maricopa Unified School District
          Small School Districts' Association
          Tehama County Department of Education
          Numerous individuals

          Opposition 
           
          None received
           
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087 









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