BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2544
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                  AB 2544 (Hernandez) - As Amended:  April 23, 2014
           
          SUBJECT  :   School finance:  preschool funding

           SUMMARY  :   Establishes a new school district and charter school  
          funding formula for preschool education.  Specifically,  this  
          bill  :  

          1)Requires the Superintendent of Public Instruction (SPI),  
            commencing with the 2015-16 fiscal year, to annually calculate  
            a preschool funding grant for each school district and charter  
            school that offers kindergarten or first grade, which would  
            include the following:

             a)   A base grant for four-year olds, equal to the local  
               control funding formula (LCFF) base grant for kindergarten  
               and grades 1 through 3 ($6,845);
             b)   A supplemental grant equal to 35% of the base grant for  
               four-year olds who are economically disadvantaged,  an  
               English learner, or a foster youth to be applied to "the  
               percentage of four year olds enrolled in the school  
               district, or in the case of a charter school, the  
               percentage of four year olds enrolled in the school  
               district in which the charter school is physically located;  
               and
             c)   A concentration factor equal to 35% of the base grant  
               for "each school district's percentage of four year olds  
               enrolled in the district, or in the case of the charter  
               school, the percentage of four year olds enrolled in the  
               school district in which the charter school is physically  
               located" that are economically disadvantaged, an English  
               learner, or a foster youth.

          2)Provides that the concentration factor "shall be calculated by  
            determining the amount by which the sum of these percentages  
            exceeds 50 percent and by multiplying the base grant?by 35  
            percent and by any positive percentage so determined."

          3)Provides that a four-year old who falls into more than one of  
            the three categories described above may be counted more than  
            once.








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          4)Provides that, "if the charter school is physically located in  
            more than one school district, the Superintendent shall use  
            the school district with the highest number of four year olds  
            enrolled in the school district where the charter school is  
            located."

          5)Defines "economically disadvantaged child" as a child that is  
            eligible to receive a free or reduced-price meal.

          6)Requires the SPI to apportion the sum of preschool base  
            grants, supplemental grants, and concentration factor grants  
            to school districts and charter schools based on the number of  
            four-year olds served by each.

           EXISTING LAW  

          1)Establishes eligibility for child care services and child  
            development programs administered by the California Department  
            of Education (CDE) and requires the SPI to adopt rules and  
            regulations on eligibility, enrollment and priority of  
            services needed for implementation (Education Code (EC)  
            Section 8263 et seq.).

          2)Establishes the California State Preschool Program (CSPP) and  
            provides that the programs shall include, but not be limited  
            to, part-day age and developmentally appropriate programs  
            designed to facilitate the transition to kindergarten for  
            three- and four-year-old children in educational development,  
            health services, social services, nutritional services, parent  
            education and parent participation, evaluation, and staff  
            development.  (EC Section 8235)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   The preschool funding grant established by this bill  
          is modeled after the local control funding formula (LCFF) for  
          K-12.  Like the LCFF, the preschool funding formula consists of  
          three parts:  a base grant, a supplemental grant, and a  
          concentration factor grant.  There are several differences  
          however.

          First, the LCFF uses an "unduplicated count" of pupils who are  
          low income, EL, or in foster care, which means that a pupil who  
          falls into more than one category is counted only once for  








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          funding purposes.  This bill provides that pupils who fall into  
          more than one category "may" be counted more than once.  The  
          bill does not specify whether a pupil who falls into all three  
          categories may be counted twice (which is more than once) or  
          three times.  The bill does not specify who determines if such  
          pupils "shall" be counted more than once.  To the extent pupils  
          are counted more than once, it will result in a higher level of  
          funding for preschool pupils than for K-3 pupils.

          Second, this bill, like the LCFF, establishes funding targets.   
          However, the LCFF targets are not fully funded yet.  Instead,  
          there is a phase-in period during which each district gets  
          funded for a portion of the target amount, based on Proposition  
          98 revenues available.  The Department of Finance has estimated  
          that it will take eight years of revenue growth before the LCFF  
          targets will be fully funded.   This bill  does not provide a  
          phase-in for the preschool funding formula.  Instead, each  
          district and charter school would receive its full target level  
          of funding immediately beginning in 2015-16.  This will result  
          in a substantially higher level of funding for preschool pupils  
          than for K-3 pupils during the LCFF phase-in period.

          Third, while both formulas use the same base grant amount, the  
          supplemental grant and concentration factor weights are  
          different, as shown in the following table: 

           ----------------------------------------------------------------- 
          |                     |  Preschool Formula  |        LCFF         |
          |---------------------+---------------------+---------------------|
          |Base Grant           |$6,845 per pupil     |$6,845 per pupil     |
          |---------------------+---------------------+---------------------|
          |Supplemental Grant   |35% of base grant    |20% of the base      |
          |                     |for specified pupils |grant for specified  |
          |                     |                     |pupils               |
          |---------------------+---------------------+---------------------|
          |Concentration Factor |35% of the base      |70% of the base      |
          |                     |grant for specified  |grant for specified  |
          |                     |pupils               |pupils               |
           ----------------------------------------------------------------- 

          The higher weight for the supplemental grant will further  
          increase preschool funding per pupil relative to K-13 funding  
          per pupil.  The combined effect of a higher supplemental grant,  
          counting pupils more than once, and immediately funding the  
          target amount will result in a significantly higher level of  








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          funding for preschool than for K-3.

          Fourth, whereas the LCFF is calculated based on the number of  
          pupils enrolled in a district, the preschool formula is based on  
          "percentages" that the bill does not define or specify how to  
          compute.  Specifically, the bill requires the SPI to compute a  
          supplemental grant "equal to 35 percent of the base grant?for  
          each school district's percentage of four year olds enrolled in  
          the district."  The bill does not define what this is a  
          percentage of or specify how to compute it.  There is a similar  
          provision for charter schools, except that the charter school  
          supplemental grant shall be based on "the percentage of four  
          year olds enrolled in the school district in which the charter  
          school is physically located."  The same questions regarding how  
          to define and calculate "percentage" apply.  In addition, it is  
          not clear why funding for a charter school should be based on  
          enrollment in the school district rather than the school's own  
          enrollment.

          The calculation of the concentration grant is also based on "the  
          percentage of four year olds enrolled."  As with the  
          supplemental grant, the concentration factor for a charter  
          school would be based on the district's-not the  
          school's--enrollment.  Then, "the concentration preschool grant  
          shall be calculated by determining the amount by which the sum  
          of these percentages [i.e., the percentage of four- year olds  
          enrolled in the district] exceeds 50 percent and by multiplying  
          the base grant?by 35 percent and by any positive percentage so  
          determined."  It is not clear what percentages are being summed,  
          since only one percentage (that of four-year olds in a district)  
          is specified.  Presumably, if the "sum of percentages" is 60%,  
          the "positive percentage" would be 10%.  So, the concentration  
          factor would be:  $6,845 x 0.35 x 0.10 = $239.575. 

          Although this bill requires the SPI to calculate each district's  
          and charter school's grant based on percentages, it requires the  
          SPI to apportion the funds based on "the number of four-year-old  
          children served."  Because the bill neither defines nor  
          specifies how to calculate the percentages needed for these  
          calculations, it is not clear how or if the SPI will implement  
          the requirements of this bill.

           Proposition 98 impact.   Funding for this formula would come from  
          Proposition 98.  The minimum Proposition 98 funding guarantee is  
          based in large part on K-12 average daily attendance (ADA),  








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          which does not include four-year-olds.  That means funding for  
          the new preschool formula would come from Proposition 98 funds  
          that would otherwise support K-12 and community college  
          programs.  In the near-term, this would result in a year-to-year  
          reduction in funding per ADA.

           A funding formula, but no program.   While this bill establishes  
          a preschool funding formula, it does not establish or specify a  
          program that the funding would support.  It requires the SPI to  
          allocate funds based on the "number of four-year-old children  
          served," but does not specify what services are required.  There  
          are no minimum requirements regarding staffing ratios, staff  
          qualifications, facilities requirements, hours of operation, or  
          the types or programs that must be offered. 

           Creating a new program vs. expanding the existing one.    
          California already has a preschool program, which is not funded  
          at a level that would permit enrollment of all eligible  
          children.  The author's office did not provide any rationale for  
          creating a new program instead of expanding the existing one.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None received

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