BILL ANALYSIS                                                                                                                                                                                                    





                                                                    AB 798

                                                                    Page  1



          GOVERNOR'S VETO

          AB 798 (Wildman)
          As Amended September 2, 1999
          2/3 vote


           ASSEMBLY: 76-1 (May 27, 1999)      SENATE:40-0    (September 7,  
          1999)     

           


           ASSEMBLY: 79-1 (September 9, 1999)                          


           Original Committee Reference:   ED.




            SUMMARY  :  Revises, effective July 1, 2000, the funding formula  
          for educational programs for adults in correctional facilities.

           The Senate amendments  : 

          1)Add one year to the inoperative and repeal dates, from July 1,  
            1999 to July 1, 2000 and January 1, 2000 to January 1, 2001,  
            respectively, for the existing funding formula.  Modify the  
            operative date of the revised funding formula, from July 1,  
            1999 to July 1, 2000.

          2)Modify the formula and fiscal year by which a school district  
            or county board of education is prohibited from claiming or  
            reporting average daily attendance (ADA) in excess of the  
            greater of:

             a)   The average of ADA claimed and authorized for the  
               education of adults incarcerated in correctional facilities  
               during the six prior fiscal years; or,










                                                                    AB 798

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             b)   ADA claimed during the prior fiscal year.

          3)Authorize, beginning with the 2001-2002 fiscal year and each  
            fiscal year thereafter, a school district or county board of  
            education to claim or report the maximum amount of ADA for the  
            education of adults incarcerated in correctional facilities  
            authorized for the prior fiscal year multiplied by 1.025,  
            unless the Legislature approves a greater increase for that  
            fiscal year in the annual Budget Act. 

           EXISTING LAW  authorizes school districts and county offices of  
          education to operate educational programs for adults in local  
          correctional facilities.  Programs are funded through a revenue  
          limit system that pays each school district or county office of  
          education a formula amount per student based upon actual costs.   
          Like all adult education programs, the state has imposed growth  
          limits that allow programs to claim funding for no more than  
          2.5% more students than in the prior year.

           AS PASSED BY THE ASSEMBLY  , this bill revised the funding formula  
          for the education of adults incarcerated in county-based  
          correction programs.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, unknown, potential General Fund (Proposition 98)  
          costs of $1.4 million annually.

          COMMENTS:  The current growth cap on programs for adults in  
          correctional facilities prevents individual programs from  
          returning to full strength whenever a jail has to be closed or  
          renovated and the inmate population, and thus the participating  
          students, declines temporarily.


           GOVERNOR'S VETO MESSAGE  :  

           
               Assembly Bill Number 798 would allow a school district  
               or county office of education operating an Adults in  
               Correctional Facilities program to claim the average  
               of the average daily attendance (ADA) during the  










                                                                    AB 798

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               previous six fiscal years, or their previous year's  
               ADA, whichever is greater, for the purposes of  
               calculating their allowance for this program.

               This bill is intended to address school districts or  
               county offices of education that experience a  
               temporary decline in correctional facility ADA due to  
               extenuating circumstances, and as a result cannot  
               restore their previous funding level.

               I cannot support this bill because it would  
               unnecessarily allow all districts, regardless of  
               whether a district experienced a temporary decline in  
               ADA, to use the average of their previous six years of  
               ADA, or their previous year's ADA, to determine their  
               finding level.  In addition, I see no reason to use  
               the average of six years of funding as the means of  
               calculating the appropriate allowance for this  
               program.  In these ways this bill would unnecessarily  
               increase funding for this program.


           



          Analysis Prepared by  :    Lynn Lorber / ED. / (916) 319-2087 



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