Bill Text: CA SB476 | 2011-2012 | Regular Session | Introduced
Bill Title: Education finance: categorical programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB476 Detail]
Download: California-2011-SB476-Introduced.html
BILL NUMBER: SB 476 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 17, 2011
An act to amend Section 42605 of the Education Code, relating to
education finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 476, as introduced, Lowenthal. Education finance: categorical
programs.
Existing law establishes various categorical education programs,
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 specified exceptions.
Existing law authorizes school districts, for the 2008-09 to 2012-13
fiscal years, inclusive, to use the categorical education program
funds, with specified exceptions, for any educational purpose.
This bill would extend the operation of this provision for 2
additional fiscal years, thus extending it through the 2014-15 fiscal
year.
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. (a) It is the intent of the Legislature to accomplish
all of the following:
(1) Address the continuing concerns regarding the fragmentation of
supplementary funding sources and the need for flexibility in order
to respond to the special needs of all pupils.
(2) Refocus attention on the effect that the expenditure of
categorical program funds has on pupil learning rather than on state
spending and compliance with operational rules for categorical
programs.
(3) Improve school performance by doing all of the following:
(A) Provide schools increased flexibility in the use of available
funds in exchange for accountability.
(B) Ensure that funds intended for services to disadvantaged
pupils and schools are expended for their stated purpose.
(C) Ensure that local governing boards develop and adopt the
highest possible standards for pupils. The standards shall be as
rigorous as current state standards and any that may be adopted
pursuant to subsequent legislation.
(b) It is the intent of the Legislature to accomplish the goals by
establishing block grants to be composed of funding for certain
current categorical education programs.
(c) However, before block grants for certain current categorical
education programs can be effectuated, it is critical that existing
categorical program flexibility reforms adopted in 2009 that are
assisting school districts in maintaining core services in the face
of limited funding need to be extended through the 2014-15 fiscal
year, allowing for a rational long-term approach to transitioning to
categorical program flexibility and accountability.
SEC. 2. 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 2014-15 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) Items 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 of
Section 2.00.
(b) (1) For the 2009-10 fiscal year to the 2012-13
2014-15 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 2009-10 Third
Extraordinary Session 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
2014-15 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 2014-15 fiscal year,
inclusive, the Superintendent shall apportion from the amounts
appropriated by Item 6110-211-0001 of Section 2.00 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 2014-15 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 Section 2.00 of 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), 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.
(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 2016 .
(d) For the 2008-09 fiscal year to the 2012-13
2014-15 fiscal year, inclusive, local educational agencies
that use the flexibility provision of this 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 Item 6110-105-0001
and of Section 2.00 of the annual Budget Act,
the amount authorized for flexibility shall exclude the funding
provided to fund remedial educational services pursuant to Provision
4. For Item 6110-156-0001 of Section 2.00 of the annual
Budget Act , 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
educational 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 educational 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 of Section 2.00 of the annual
Budget Act , 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 of Section 2.00 of the annual
Budget Act , 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 of Section 2.00 of the annual
Budget Act , 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.
