Assembly Bill 2756 (Daucher)Chapter 52, Statutes of 2004

Summary of Changes to Financial Accountability

Process

Prepared by: Susan K. Burr, Deputy Executive

DirectorCalifornia County Superintendents Educational Services Association

(CCSESA)July, 2004

Overview of the Legislation

AB 2756 took effect on June 21, 2004 Contains sweeping changes to the school

district financial accountability statutes (known as the AB 1200 process)

Presentation provides overview of the provisions affecting all LEAs Does not address changes affecting districts

who are recipients of state loans

Standards & Criteria Update

Requires the SPI, Controller, and the Director of Finance to update the standards and criteria used by school districts & county offices of education in the development and management of annual budgets by September 1, 2005, for use with 2006-07 budgets.

Submission & Review of Financial Studies Requires districts to provide any studies,

reports, evaluations or audits commissioned by the district, county superintendent, SPI or state control agencies that contains evidence of fiscal distress.

Requires the county to, in addition to his or her own analysis of school districts’ budgets, review such submissions.

Conditional Budget Approval by County Superintendent

Authorizes a county superintendent to conditionally approve, and not just accept or reject, annual district budgets.

Authorizes the county superintendent to impose a budget on any district that fails to adopt a budget as required by August 15.

SPI Role in Budget Approval

Requires the State Superintendent of Public Instruction (SPI) to report to the Legislature and the Director of Finance by December 10, if any district does not have an adopted budget by November 30.

Authorizes the SPI to adopt a budget for any school district that does not have a budget by November 30.

Collective Bargaining Disclosure Requirements Requires that the district superintendent

and chief business official certify in writing that the costs incurred by the school district under any collective bargaining agreement can be met by the district during the term of the agreement.

Specifies that if a school district fails to adopt budget revisions necessary to meet the costs of the agreement, the county superintendent shall issue a qualified or negative certification for the district on the subsequent interim report.

SPI Review of County Superintendent Oversight Requires the SPI to monitor the efforts of

county superintendents in exercising their fiscal oversight responsibilities for districts certified as qualified or negative

Authorizes the SPI to exercise the county superintendent’s oversight authority if the SPI finds that the county superintendent was not effective in resolving the fiscal problems of the school district.

Requires the county office of education to reimburse the SPI for costs associated with assuming this responsibility.

County Superintendent Oversight Role with Qualified or Negative Districts For districts that are certified as

qualified or negative, requires the county superintendent to report to the SPI on the financial condition of the school district and his or her proposed remedial actions and to take all actions that are necessary to ensure that the district meets its financial obligations.

County Superintendent Oversight Role with Qualified or Negative Districts

Extends the review period for county superintendents from 6 to 10 days for collective bargaining agreements in districts with qualified or negative certifications.

COE Audit Review

Allows the county superintendent, in addition to the State Controller, to determine that school district audits have not been performed in substantial conformity with the state’s audit guide.

FCMAT Regional Financial Assistance Teams Requires FCMAT to establish

regional teams of education finance experts to provide training and technical expertise to school districts and county offices of education facing fiscal difficulties.

Budget Bill includes $250,000 for this purpose.