Bill Text: CA AB2090 | 2009-2010 | Regular Session | Amended
Bill Title: Education finance: supplemental instruction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. Re-referred to Com. on ED. [AB2090 Detail]
Download: California-2009-AB2090-Amended.html
BILL NUMBER: AB 2090 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Coto
FEBRUARY 18, 2010
An act to add and repeal Section 41055
amend Section 42605 of the Education Code, relating to
education finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2090, as amended, Coto. Education finance: study
relating to weighted pupil funding formulas
supplemental instruction .
Existing law establishes various categorical education programs,
including supplemental instruction, and appropriates the funding for
those programs in the annual Budget Act. Existing law requires the
Superintendent of Public Instruction, for the 2008-09 to 2012-13
fiscal years, inclusive, to apportion from the amount provided in the
annual Budget Act for specified categorical education programs an
amount based on the same relative proportion that the local
educational agency received in the 2008-09 fiscal year for those
programs, with certain exceptions, including supplemental instruction
programs. Those exceptions receive funding based on the 2007-08
fiscal year. Existing law authorizes school districts, for the
2008-09 to 2012-13 fiscal years, to use the categorical education
program funds, with specified exceptions, for any educational
purpose, to the extent permitted by federal law.
This bill would require that a school district receive
supplemental instruction funding based on the amount the district
received in the 2008-09 fiscal year if the district can substantiate
to the satisfaction of the State Department of Education that the
2007-08 school year, for purposes of hours of supplemental
instruction provided at a school under its jurisdiction, was a
startup year.
Existing law requires a county superintendent of schools to
calculate a revenue limit for each school district in the county
pursuant to specified formulas, including the calculation of the
average daily attendance of the district. Categorical programs exist
to fund specific educational programs. Economic impact aid is
provided to school districts based, in part, on the concentration of
economically disadvantaged pupils and English language learners.
This bill would express legislative intent to simplify and make
transparent the process through which funding is provided for each
public school pupil, to equalize the funding for pupils within
significant parameters, and to focus per-pupil funding on enabling
all California pupils to reach high state academic standards.
The bill would require the Governor, the Superintendent of Public
Instruction, and the Legislature, no later than February 1, 2011, to
each appoint 3 members of the 9-member Commission on Pre K-12
Funding, which would be established by the bill and charged with
completing a study related to weighted pupil funding formulas. The
bill would specify topics to be included in the study. The bill would
require the study to be submitted to the Superintendent for
distribution to the Legislature no later than December 31, 2011. The
bill would limit the amount that would be available, from existing
funds of the State Department of Education, to the commission to no
more than $60,000.
This bill would make these provisions inoperative on July 1, 2012,
and would repeal these provisions as of January 1, 2013.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42605 of the
Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, recipients of funds from the
items listed in paragraph (2) may use funding received, pursuant to
subdivision (b), from any of these items listed in paragraph (2) that
are contained in an annual Budget Act, for any educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001.
(b) (1) For the 2009-10 fiscal year to the 2012-13 fiscal year,
inclusive, the Superintendent or other administering state agency, as
appropriate, shall apportion from the amounts provided in the annual
Budget Act for the items enumerated in paragraph (2) of subdivision
(a), an amount to recipients based on the same relative proportion
that the recipient received in the 2008-09 fiscal year for the
programs funded through the items enumerated in paragraph (2) of
subdivision (a).
(2) This section and Section 42 of Chapter 12 of the Statutes of
2009 do not authorize a school district that receives funding on
behalf of a charter school pursuant to Sections 47634.1 and 47651 to
redirect this funding for another purpose unless otherwise authorized
in law or pursuant to an agreement between a charter school and its
chartering authority. Notwithstanding paragraph (1), for the 2008-09
fiscal year to the 2012-13 fiscal year, inclusive, a school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 shall continue to distribute the funds to
those charter schools based on the relative proportion that the
school district distributed in the 2007-08 fiscal year, and shall
adjust those amounts to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a). For a charter school that began
operation in the 2008-09 fiscal year, if a school district received
funding on behalf of that charter school pursuant to Sections 47634.1
and 47651, the school district shall continue to distribute the
funds to that charter school based on the relative proportion that
the school district distributed in the 2008-09 fiscal year and shall
adjust the amount of those funds to reflect changes in charter school
attendance in the district. The amounts allocated shall be adjusted
for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of the
annual Budget Act, an amount to a charter school in accordance with
the per pupil methodology prescribed in subdivision (c) of Section
47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act, an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in the annual
Budget Act: 6110-104-0001, 6110-105-0001, 6110-156-0001,
6110-190-0001, schedule (3) of 6110-193-0001, 6110-198-0001,
6110-232-0001, and schedule (2) of 6110-240-0001.
(5) For purposes of paragraph (4) of this subdivision
, if a direct-funded charter school began operation in the
2008-09 fiscal year, the amount that the charter school was entitled
to receive from the items enumerated in paragraph (4) for the 2008-09
fiscal year, as certified by the Superintendent in March 2009, is
deemed to have been received in the 2007-08 fiscal year.
(6) Notwithstanding paragraph (4), if a school district can
substantiate to the satisfaction of the department that the 2007-08
school year was a startup year for purposes of hours of supplemental
instruction provided at a school under its jurisdiction, the
apportionment that the district receives for the programs funded
through Item 6110-104-001 of Section 2.00 of the annual Budget Act
shall be based on the same relative proportion that the district
received in the 2008-09 fiscal year for those programs.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds, the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, approve or disapprove the
proposed use of funding, and make explicit for each of the budget
items in paragraph (2) of subdivision (a) the purposes for which the
funds will be used.
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2014.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(3) For Item 6110-195-0001, the item shall exclude moneys that are
required to fund awards for teachers that have previously met the
requirements necessary to obtain these awards, until the award is
paid in full.
(4) For Item 6110-266-0001, a county office of education shall
conduct at least one site visit to each of the required schoolsites
pursuant to Section 1240 and shall fulfill all of the duties set
forth in Sections 1240 and 44258.9.
(5) For Item 6110-198-0001, a school district or county office of
education that operates the child care component of the Cal-SAFE
program shall comply with paragraphs (5) and (6) of subdivision (c)
of Section 54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The National Assessment of Education Progress in 2005 ranked
California the seventh lowest in mathematics in grade 8 and the third
lowest in reading in grade 8 among all 50 states and the District of
Columbia. The results for science in 2005 stated that the
performance of pupils in California was the second lowest among the
44 states that participated in that survey.
(b) The Governor's Advisory Committee on Education Excellence, the
Secretary for Education, the President pro Tempore of the Senate,
the Speaker of the Assembly, and the Superintendent of Public
Instruction requested that the Getting Down to Facts Project be
conducted to aid in the reform of public education in kindergarten
and grades 1 to 12, inclusive, in California.
(c) The Getting Down to Facts Project, using grants provided by
the Bill & Melinda Gates Foundation, the William and Flora Hewlett
Foundation, the James Irvine Foundation, and the Stuart Foundation,
brought together an array of scholars from 32 institutions with
diverse expertise and policy orientations to synthesize what is known
about the school governance and finance systems in California as a
basis for convening the necessary public conversations to determine
what should be done to improve public education in kindergarten and
grades 1 to 12, inclusive, in California.
(d) On March 14 and 15, 2007, the findings of the more than 20
studies included in the Getting Down to Facts Project were released.
(e) It is necessary to replace the outmoded, arcane, and little
understood formula used for funding kindergarten and grades 1 to 12,
inclusive, education in California public schools.
SEC. 2. Section 41055 is added to the Education
Code, to read:
41055. (a) It is the intent of the Legislature to do all of the
following:
(1) Simplify and make transparent the process through which
funding is provided for each public school pupil.
(2) Equalize the funding for pupils within significant parameters,
including the varying costs of living throughout the state, the
differences in the costs to educate pupils based on grade level, and
the varying costs to educate pupils based on their individual needs.
(3) Focus per-pupil funding on enabling all California pupils to
reach the high academic performance standards of the state.
(b) The Governor, Superintendent, and the Legislature shall each
appoint three members to a nine-member commission, to be known as the
Commission on Pre K-12 Funding, to complete a comprehensive study of
key factors to be considered in the creation of weights within the
concept of a weighted formula for funding pupil learning, with the
basic assumption that more resources are needed to educate some
pupils than to educate other pupils. The study shall include a set of
recommendations for a weighted pupil formula based on differing
pupil needs and objective and thorough research. The members of the
commission shall be appointed no later than February 1, 2011.
(c) The study shall be completed by the Commission on K-12 Funding
no later than December 31, 2011. The commission shall receive
priorities, parameters, criteria, and a clear definition of the work
expected. The completed study shall be submitted to the
Superintendent for distribution to the Legislature no later than
December 31, 2011.
(d) The study shall include, but not necessarily be limited to, an
examination of all of the following:
(1) Weighted pupil formulas used in other states and nations.
(2) Pertinent scholarly literature.
(3) Data relating to current funding levels and their relationship
to pupil success.
(4) The ready availability of data for use in instituting new
formulas.
(e) The study shall include, but not necessarily be limited to,
discussion of all of the following:
(1) Current weighted funding levels in this state, considered in
terms of categorical allowances and other supplemental programs
serving specific pupil populations.
(2) Appropriate funding weighting factors deemed to meet the needs
of special needs pupil populations, including English language
learners, special education pupils, gifted and talented pupils, and
pupils from low-income households.
(3) Appropriate funding, as defined to meet the educational needs
of all pupils, with added weighted factors taking special needs into
account.
(4) Recommendations for demonstrating and ensuring accountability
for all pupil achievement performance on the part of local
educational agencies to a new funding process that eliminates many
existing categorical programs and their compliance requirements.
(5) Subsuming all previous mandate obligations without subsuming
existing prior year mandate debts owed to local educational agencies.
(6) Base recommendations on a rollout timeline that ensures that
local educational agencies will not experience year-over-year
reductions in funding when the new formula becomes effective.
(f) The study shall include a proposal for the best course of
action, based upon and supported by an extensive body of research, to
achieve a weighted pupil funding formula.
(g) The commission will have available to it, from existing funds
of the State Department of Education, an amount not to exceed sixty
thousand dollars ($60,000) for the performance of its duties.
(h) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
