SB 64 — Budget Act of 2009.

Summary

(1) Existing law requires a revenue limit to be calculated for each county superintendent of schools, adjusted for various factors, and reduced, as specified. Existing law reduces the revenue limit for each county superintendent of schools for the 2008–09 fiscal year by a deficit factor of 7.839%. This bill would increase the deficit factor for each county superintendent of schools for the 2008–09 fiscal year to 11.183%. (2) The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to require school districts applying for funds under that act to deposit, into a specified account for ongoing and major maintenance of school buildings, an amount equal to or greater than 3% of the total general fund expenditures of the applicant school district. Existing law, for the 2008–09 to the 2012–13 fiscal years, inclusive, reduces that deposit requirement to an amount equal to or greater than 1% of the total general fund expenditures of the applicant school district. This bill would exempt a school district that maintains its facilities in good repair, as defined, from this 1% requirement. (3) Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county and requires the amount of the revenue limit to be adjusted for various factors. Existing law reduces the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 7.844% and for the 2009–10 fiscal year by a deficit factor of 13.094%. This bill would instead reduce the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 11.187% and for the 2009–10 fiscal year by a deficit factor of 17.048%. The bill would set forth a mechanism by which basic aid school districts would assume categorical funding reductions proportionate to the revenue limit reductions implemented for nonbasic aid school districts. (4) 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 and authorizes school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law, for those fiscal years, deems local educational agencies that use the authority to use these categorical education program funds for any educational purpose to be in compliance with the program and funding requirements of those categorical education programs, including requirements related to average daily attendance accounting. This bill would base the amount to be received from certain categorical education program budget items to be based on the same relative proportion that the recipient received in the 2007–08 fiscal year for those programs, instead of the 2008–09 fiscal year. The bill would require, for the 2008–09 to 2012–13 fiscal years, inclusive, and for certain calculations that use average daily attendance, that the average daily attendance for specified programs be the same amount used in those calculations for the 2007–08 fiscal year. The bill would declare that changes to these calculations in the California State Lottery Act, an initiative measure, further the purposes of that act, and therefore may be made by an act enacted by a 23 vote of both houses of the Legislature. Existing law requires a school district that receives funding on behalf of a charter school to continue to distribute those funds to those charter schools based on the amounts distributed in the 2008–09 fiscal year and to adjust those amounts, as specified. This bill would clarify that a school district that receives funding on behalf of a charter school is prohibited from redirecting that funding for another purpose, except as specified, and would require the school district to continue to distribute those funds to those charter schools based on the relative proportion that the school district distributed in the 2007–08 fiscal year. The bill would require the Superintendent to apportion from the amount appropriated for the charter school categorical block grant in accordance with the per pupil methodology prescribed by a specified provision of law. Existing law, as a condition of receiving the categorical education program funds that may be used for any educational purpose, requires school districts and county offices of education, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove the proposed use of funding. Existing law, as a condition of transferring those funds to their general funds, requires school districts and county offices of education, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove each transfer and the proposed use of funding, and to report to the State Department of Education, in the existing annual Standardized Accounting System reporting process, the amounts transferred by using the appropriate program code for which the funds were expended. The department is required to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance by February 28, 2010. This bill would delete the meeting requirement that is a condition of transferring categorical education program funds to the general fund of a school district or county office of education. The bill would add to the requirement that is a condition of the receipt of categorical education program funds that may be used for any educational purpose, that the governing board make explicit the purposes for which the funds would be used. The bill would require a local educational agency to report expenditures by using the appropriate function codes of the Standardized Accounting System reporting process to indicate the activities for which these funds were expended. The bill would require the department to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance by April 15, 2010, and annually thereafter, until 2014. (5) Existing law sets forth the minimum requirements for the professional clear multiple or single subject teacher credential. Among those requirements is the completion of a program of beginning teacher induction. This requirement is contingent on the availability of funds in the annual Budget Act to provide statewide access to eligible beginning teachers. This bill would remove the contingency of this requirement on the availability of funds. (6) Existing law requires the categorical block grant for charter schools for the 2007–08 school year to be $500 per unit of charter school average daily attendance, as determined at the 2nd principal apportionment for the 2007–08 fiscal year, to be adjusted for cost-of-living each fiscal year thereafter, and to be supplemented, as specified, for economic impact aid-eligible pupils. This bill would appropriate $8,267,000 from the General Fund to the State Department of Education for the charter school categorical block grant for the purpose of funding the economic impact aid supplement for the 2008–09 fiscal year. (7) The federal No Child Left Behind Act of 2001 requires a local educational agency to identify an elementary or secondary school that fails, for 2 consecutive years, to make adequate yearly progress, as defined by the state, for program improvement. The act requires a school that continues to fail to make adequate yearly progress after being identified for program improvement to take additional corrective action or meet specified restructuring requirements. The Public Schools Accountability Act of 1999 requires the State Department of Education to identify local educational agencies that are in danger of being identified for program improvement pursuant to the No Child Left Behind Act, and to notify those local educational agencies, in writing, of that status. The department also is required to provide those agencies with research-based criteria to conduct a voluntary self-assessment. This bill, for the 2008–09 to 2012–13 fiscal years, inclusive, would prohibit a school, school district, county office of education, or charter school that has been identified for program improvement or corrective action under the federal No Child Left Behind Act of 2001 from being required to implement program requirements set forth in the Mathematics and Reading Professional Development Program or the Administrator Training Program. The bill would prohibit the State Department of Education and the State Board of Education from prohibiting these schools, school districts, county offices of education, and charter schools from utilizing certain categorical program flexibility provisions of law. (8) Existing law establishes the Class Size Reduction Program under which a participating school district or county office of education reduces class size to 20 pupils per class in kindergarten and grades 1 to 3, inclusive. Existing law provides that a local educational agency is eligible to receive program funding only if it was participating in the program as of December 10, 2008 and only for the grade level or levels for which it had applied to receive funding as of that date. This bill would provide instead that, for the 2008–09, 2009–10, 2010–11 and 2011–12 fiscal years, that a local educational agency is eligible to receive program funding for the same number of classes for which it had applied to receive program funding as of January 1, 2009, and only for the number of classes reported on the 2008–09 operations application. (9) Existing law establishes the Instructional Materials Funding Realignment Program that requires the State Department of Education to apportion funds to school districts and requires the governing board of a school district to use that funding to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials by the beginning of the first school term that commences no later than 24-months after those materials were adopted by the State Board of Education, except as specified. Existing law exempts, until July 1, 2010, school districts from the 24-month requirement. This bill would provide that the State Department of Education and the State Board of Education are prohibited from prohibiting a school, school district, county office of education, or charter school that has been identified for program improvement or corrective action under the federal No Child Left Behind Act of 2001 from implementing the exemption. (10) The Budget Act of 2008 appropriates General Funds to the State Department of Education for implementation of the High Priority Schools Grant Program. This bill would reduce that appropriation by $107,909,000. (11) This bill would reappropriate to the State Department of Education for the 2008–09 fiscal year prescribed amounts or the unexpended balance of specified appropriations made in specified prior Budget Acts to the Department of Corrections and Rehabilitation for juvenile education. (12) The Budget Act of 2008 appropriates from the General Fund $2,995,520,000 for the support of the University of California, $2,910,596,000 for the support of California State University, and $3,649,230,000 to the Board of Governors of the California Community Colleges. This bill would reduce those appropriations, as specified. (13) Existing law authorizes the governing board of a school district to establish a district deferred maintenance fund for specified maintenance purposes. The State Allocation Board is required to apportion from the State School Deferred Maintenance Fund, to school district an amount equal to $1 for each $1 of local funds up to a specified maximum. To be eligible to receive the state matching funds a school district is required to deposit in its district deferred maintenance fund a specified amount. Existing law authorizes the State Allocation Board to reserve funds in the State School Deferred Maintenance Fund for apportionments to school districts in instances of extreme hardship, as defined. This bill would suspend for the 2008–09 to 2012–13 fiscal years, inclusive, the requirement that a school district deposit the required amount in its district deferred maintenance fund and also suspend the board's authority to reserve funds for apportionments to school districts in instances of extreme hardship. (14) Existing law, for the 2008–09 and 2009–10 fiscal years, authorizes the governing board of a school district or county office of education to use up to 100 percent of the balances, as of June 30, 2008, of restricted accounts in its general fund or cafeteria fund with certain exclusion, including, among others restricted reserves committed for capital outlay, and excluding balances in specified categorical education programs, including, among others the Targeted Instructional Improvement Grant Program, the Instructional Materials Program, and the California High School Exit Exam Intensive Intervention Program. Existing law requires a governing board that elects to use balances in restricted accounts to report to the Superintendent regarding the programs and amounts of restricted balances used and requires the Superintendent to report statewide information and information for each school district and county office of education to the Joint Legislative Budget Committee by October 31, 2009. This bill would exclude the use of the ending balance in the cafeteria fund and the balances in the English Learner Acquisition and Development Pilot Program and child development programs, but would authorize the use of balances in the Targeted Instructional Improvement Grant Program, the Instructional Materials Program, and the California High School Exit Exam Intensive Intervention Program and restricted reserves committed for capital outlay. The bill would change the deadline of the date by which the Superintendent is required to report to the Joint Legislative Budget Committee to April 15, 2010. (15) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Amended 06/25/09 - Amended Assembly Current pdf June 25, 2009
• Introduced 01/20/09 - Introduced pdf January 20, 2009
• SB64 View text html

Action History

1. January 19, 2010

   Stricken from Senate file.

2. June 30, 2009

   Senate refuses to concur in Assembly amendments. (Ayes 25. Noes 14. Page 1553.)

3. June 30, 2009

   Urgency clause refused adoption.

4. June 29, 2009

   (Ayes 23. Noes 13. Page 1524.)

5. June 29, 2009

   Reconsideration granted.

6. June 29, 2009

   Motion to reconsider made by Senator Ducheny.

7. June 29, 2009

   Senate Rule 43 suspended. (Ayes 23. Noes 13. Page 1523.)

8. June 29, 2009

   Senate refuses to concur in Assembly amendments. (Ayes 21. Noes 15. Page 1523.)

9. June 29, 2009

   Urgency clause refused adoption.

10. June 25, 2009

    (Ayes 34. Noes 0. Page 1467.)

11. June 25, 2009

    Reconsideration granted.

12. June 25, 2009

    Motion to reconsider made by Senator Ducheny.

13. June 25, 2009

    Senate refuses to concur in Assembly amendments. (Ayes 21. Noes 14. Page 1467.)

14. June 25, 2009

    Urgency clause refused adoption.

15. June 25, 2009

    In Senate.

16. June 25, 2009

    Read third time. Urgency clause adopted. Passed. (Ayes 68. Noes 0. Page 2267.) To Senate.

17. June 25, 2009

    Read third time. Amended. (Page 2253.)

18. June 15, 2009

    Read second time. To third reading.

19. June 11, 2009

    Placed on second reading file.

20. April 16, 2009

    In Assembly. Read first time. Held at Desk.

21. April 16, 2009

    Read third time. Passed. (Ayes 22. Noes 14. Page 509.) To Assembly.

22. April 02, 2009

    Read second time. To third reading.

23. April 01, 2009

    Placed on second reading file.

24. April 01, 2009

    Withdrawn from committee.

25. January 29, 2009

    To Com. on RLS.

26. January 22, 2009

    Read first time.

27. January 21, 2009

    From print. May be acted upon on or after February 20.

28. January 20, 2009

    Introduced. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects