BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 965 (Leno) - Funding: San Francisco Community College  
          District
          
          Amended: May 1, 2014            Policy Vote: Education 7-2
          Urgency: Yes                    Mandate: Yes
          Hearing Date: May 12, 2014      Consultant: Jacqueline  
          Wong-Hernandez
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: This bill provides the San Francisco Community  
          College District (SFCCD) with additional funding for the next 3  
          years, as specified, as the college works to restore student  
          enrollment and maintain accreditation. This bill is an urgency  
          measure.
          
          Fiscal Impact: 
              Approximately $23.5 million (General Fund) in 2014-15, to  
              continue to fund SFCCD at 2013-14 enrollment levels despite  
              a 16% enrollment decrease. 2015-16 and 2016-17 costs will be  
              lower (though still in the millions, and possibly up to $20  
              million each year). The funding augmentation in 2015-16 and  
              2016-17 will depend upon SFCCD's enrollment in those years  
              compared to its 2013-14 enrollment.
              Reporting requirements: Likely minor costs to the SFCCD to  
              report specified budgetary and accreditation information to  
              the Legislature, Governor, and Legislative Analyst's office.

          Background: Existing law confers upon the Board of Governors  
          (BOG) of the California Community Colleges (CCC) the ability to  
          prescribe minimum standards for the formation and operation of  
          community colleges and exercise general supervision over the  
          community colleges (Education Code � 66700 and � 70901). As  
          such, regulations have been adopted to require each community  
          college within a district to be an accredited institution - with  
          the Accrediting Commission for Community and Junior Colleges  
          (ACCJC) determining accreditation. 

          Existing law requires the BOG to develop criteria and standards,  
          in accordance with specified statewide minimum requirements, for  
          the purposes of making the annual budget request for the CCC to  








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          the Governor and the Legislature and allocating state general  
          apportionment revenues, including, among other things, a  
          requirement that the calculations of each district's revenue  
          level for each fiscal year be based on specified criteria with  
          revenue adjustments being made for increases or decreases in  
          full-time equivalent students (FTES) for specified purposes. 

          Existing law provides a year of stabilization funding, during  
          which the district receives at least the same funding for  
          enrollment as the previous year (even if enrollment declines) or  
          higher funding (up to an allowable cap) if enrollment increases.  
          This is because a district usually does not know that its FTES  
          count has declined until it begins its enrollment counts, which  
          occur at the same time the state is disbursing funds and after  
          the district has hired faculty and determined its class  
          schedules.  If enrollment declines beyond just one year, the  
          district's revenues are reduced by the decrease in its FTES.   
          However, those reductions are restored if enrollments increase  
          during the subsequent three years, providing a district with a  
          buffer against fluctuating enrollments. 
          (Education Code � 84750.5 et.seq.)

          Proposed Law: This bill, an urgency measure, provides the SFCCD  
          with additional revenue over the next 3 years. Specifically,  
          this bill:

          1)   Requires as a condition of receiving additional revenue  
               that the following conditions are satisfied: a) The CCD or  
               a campus of the CCD is in imminent jeopardy of losing its  
               accreditation; and, b) the BOG has exercised its authority  
               under current law, as specified and under Title 5 of the  
               California Code of Regulations, as that regulation read on  
               April 15, 2014.

          2)   Requires the BOG to provide revenues to SFCCD if the number  
               of FTES decreases from the number served in the 2013-14  
               fiscal year as follows:

             a)   For the 2014-15 fiscal year, an amount not less than the  
               total amount that was received for the attendance of FTES  
               in the 2013-14 fiscal year. 

             b)   For the 2015-16 fiscal year, an amount not less than 95%  
               of the amount received for the attendance of FTES in  








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               2013-14.

             c)   For the 2016-17 fiscal year, an amount not less than 90%  
               of the amount received for the attendance of FTES in  
               2013-14.

          1)   Makes funding contingent on specified Fiscal Crisis  
               Management Assistance Team findings relative to fiscal  
               controls, systems, plans, and accountability, and on  
               specific compliance measures.

          2)   Requires the Chancellor of the City College of San  
               Francisco (CCSF) to submit a specified report to the  
               Legislature, Governor, Legislative Analyst's Office, and  
               Department of Finance by April 14, 2015. 

          3)   Requires the CCSF Chancellor to submit report updates by  
               October 15, 2015; April 15, 2016; October 15, 2016, but  
               only if this bill's funding augmentation is provided; and  
               April 15, 2017, but only if this bill's funding  
               augmentation is provided.

          Staff Comments: This bill seeks to provide additional revenue to  
          the CCSF to further stabilize it and assist it in retaining  
          accreditation. Accreditation has been terminated by the ACCJC,  
          but the CCSF has appealed that decision. The appeal will be  
          heard by an appeals panel on May 20, 2014. The CCSF remains an  
          accredited institution during the appeal process, but enrollment  
          has continued to drop since 2012, when the ACCJC first put the  
          college on "show cause" (prove why the accreditation should not  
          be revoked) status. According to the CCC Chancellor's office,  
          CCSF has made significant progress toward meeting the more than  
          300 goals it identified to improve effectiveness and has hired  
          new key administrators. 
          Student enrollment has, however, dropped by 30%; 16% of that  
          drop has been in the past year. This bill proposes to fund the  
          SFCCD in 2014-15 as if that 16% drop had not occurred, which  
          would cost an additional $23.5 million (General Fund). That  
          money would either be diverted from other CCCs throughout the  
          state, creating cost pressure to keep them whole, or would have  
          to be specifically appropriated from the General Fund to SFCCD.  
          The bill declares the Legislature's intent to be that "any  
          amounts necessary to make the apportionments required pursuant  
          to subdivision (b) be drawn from the state general apportionment  








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          revenues for community college districts."

          The bill also sets out a funding augmentation formula for the  
          next two fiscal years: In 2015-16, SFCCD would receive an amount  
          not less than 95% of the amount received for the attendance of  
          FTES in 2013-14; and, in 2016-17, an amount not less than 90% of  
          the amount received for the attendance of FTES in 2013-14. The  
          level of additional funding would depend on the gap between  
          actual enrollment in those years and enrollment in 2013-14. If  
          enrollment were to fully rebound, then SFCCD would get its  
          normal FTES funding; if it were to continue to decrease, stay  
          flat, or to increase to an FTES level still less than (95% or  
          90%, depending on the year) of 2013-14, the state would use the  
          formula to determine an augmentation amount. 

          While this bill is limited to SFCCD, staff notes that three  
          other CCDs have experienced enrollment declines of more than 10%  
          from 2012-13 to 2013-14. This bill may create cost pressure to  
          stabilize their funding, as well, which would cost $12 million  
          to hold them harmless.