BILL ANALYSIS                                                                                                                                                                                                    �




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


          SB 1137 (Torres) - School Transportation: Apportionments
          
          Amended: April 21, 2014         Policy Vote: Education
          Urgency: No                     Mandate: No
          Hearing Date: April 28, 2014                                 
          Consultant: Jacqueline Wong-Hernandez                       
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: SB 1137 provides for school districts to be funded  
          at a minimum of 50% of approved transportation costs. Increased  
          funding for school districts currently funded below 50% would  
          occur over a 7-year period beginning in 2014-15. This bill also  
          provides that the 2013-14 fiscal year school transportation  
          funding receive a cost-of-living adjustment (COLA), as  
          specified.

          Fiscal Impact: Creating a "state share" of school transportation  
          funding as a percentage of school district costs, while holding  
          harmless the school districts that receive an allocation above  
          that percentage of their expenditures, will substantially  
          increase the state's General Fund contribution to school  
          transportation. The exact costs will vary year-to-year, based on  
          transportation expenses of certain school districts.  
          Establishing a COLA for all participating school districts will  
          also substantially increase state funding over time.

              2014-15 - 2017-18: $165 million - $220 million (General  
              Fund) annually.
              2018-19 - 2020-21: $220 million - $270 million (General  
              Fund) annually. 

          Background: Existing law authorizes school districts and county  
          offices of education (COEs) to provide transportation services  
          to regular education students attending their schools at the  
          discretion of their governing boards. State law requires school  
          districts to provide transportation services for special  
          education students whose individualized education programs  
          require such services. (Education Code � 39800 and � 41850)  

          School districts generally use general purpose or categorical  








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          funding, or both, for school transportation. The Home-to-School  
          Transportation (HTST) program, which is intended to help school  
          districts provide transportation services to special education  
          and regular education students, is an existing categorical  
          program that provides significant funding to some school  
          districts.

          In 2013, the Local Control Funding Formula (LCFF) was enacted.  
          The LCFF replaces almost all sources of state funding, including  
          most categorical programs. However, the HTST program funding was  
          not incorporated into the LCFF, and instead remained as a  
          separate funding stream. State law also continues to require  
          that districts spend HTST funding on pupil transportation. Any  
          district that received HTST funding in 2012-13 continues to  
          receive that same amount of funding in addition to its LCFF  
          allocation each year. However, the HTST funding is not currently  
          eligible for future COLAs.  
          Proposed Law: This bill requires the Superintendent of Public  
          Instruction (SPI), for the 2014-15 through 2020-21 fiscal years,  
          to apportion to each school district, county office of  
          education, entity providing services under a joint powers  
          agreement, or regional occupational center or program that  
          provides pupil transportation services either 100% of its school  
          transportation apportionment for the 2013-14 fiscal year, as  
          adjusted for COLA; or the following amount, whichever is  
          greater:

           a)    2014-15: 41% of its approved transportation costs for the  
                prior fiscal year.

           b)    2015-16: 42.5% of its approved transportation costs for  
                the prior fiscal year.

           c)    2016-17: 44% of its approved transportation costs for the  
                prior fiscal year.

           d)    2017-18: 45.5% of its approved transportation costs for  
                the prior fiscal year.

           e)    2018-19: 47% of its approved transportation costs for the  
                prior fiscal year.

           f)    2019-20: 48.5% of its approved transportation costs for  
                the prior fiscal year.








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           g)    2020-21: 50% of its approved transportation costs for the  
                prior fiscal year.

          This bill requires that the 2013-14 fiscal year school  
          transportation apportionment amount described above shall be  
          adjusted by the percentage change in the annual average value of  
          the Implicit Price Deflator for State and Local Government  
          Purchases of Goods and Services for the United States, as  
          published by the United States Department of Commerce for the  
          12-month period ending in the third quarter of the prior fiscal  
          year.  This percentage change shall be determined using the  
          latest data available as of May 10 of the preceding fiscal year  
          compared with the annual average value of the same deflator for  
          the 12-month period ending in the third quarter of the second  
          preceding fiscal year, using the latest data available as of May  
          10 of the preceding fiscal year, as reported by the Department  
          of Finance. 

          Related Legislation: SB 1166 (Vidak) 2014 would have entitled  
          school districts to receive state reimbursement for the full  
          cost of the home-to-school transportation of pupils.  That bill  
          failed passage in the Senate Education Committee.

          Staff Comments: Exact costs will be determined by actual funding  
          spent by school districts on transportation, and will be  
          increased by future COLAs authorized by this bill. 

          Costs may rise further, to the extent that schools decide to  
          provide more transportation. For school districts that currently  
          receive HTST allocations that cover less than 50% of their  
          costs, this bill will increase their allocations over time,  
          based on actual costs for prior fiscal year; the more they  
          spend, the more they receive in state funds (up to the  
          percentage cap for a given year). For example, if a school  
          district has current transportation expenditures of $1 million,  
          and its HTST allocation is only $250,000 (25% of its  
          expenditures), the district is currently spending $750,000 of  
          its discretionary funds on transportation. At full  
          implementation of this bill, that school district would receive  
          $500,000 to use toward transportation. If the district has  
          greater transportation needs than it was previously able to  
          fund, it might re-invest its $250,000 in "savings" into  
          transportation and thereby draw down an additional $125,000 in  








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          annual state HTST funding.