On November 7th, the State Board of Education (“SBE”) met to review proposed regulations implementing the “proportionality requirement” and the Local Control and Accountability Plan (“LCAP”) framework under the Local Control Funding Formula (“LCFF”).

Proportionality Requirement

The LCFF provides that local educational agencies receiving supplemental and concentration grant funds must utilize those funds “in proportion to the increase of funds apportioned” on the basis of the number of unduplicated pupils (free and reduced lunch, English language learners and foster students) in the district, county office of education or charter school.  (Ed. Code, § 42238.07.)  The law further requires the SBE adopt regulations related to the expenditure of funds apportioned on the basis of those pupils by January 31, 2014.

Today was the first opportunity for the SBE to discuss the proposed regulations as a board and receive hours of comments from the public, including parents, educational leaders and interest groups.  Currently the regulations as drafted would allow districts to meet the proportionality requirement through any of the following options: “spend more,” ”provide more” or “achieve more” for the unduplicated pupils in proportion to the increase of supplemental and concentration grant funding the LEA has received.  It was clear from the public comments that the many different groups are interested in ensuring that the regulations require the educational agencies to demonstrate that the additional funding is actually spent directly on the unduplicated students so that there is no "supplanting" of the additional funds.  It is likely there will be additional changes made to the regulations before the December meeting and before adoption in January 2014.

LCAP Template

The SBE is also required to approve an LCAP template by March 31, 2014.  However, the Board has indicated that it will try to approve LCAP templates at its January 2014 meeting as well. During today’s meeting, CDE staff and consultants put forth a “conceptual framework” which describes possible content to be included in an LCAP template and includes guiding questions for district consideration.  There has not been a draft template proposed at this point.

To see the information reviewed by the SBE click here, scroll down, and click on “Item 13".

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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