Local educational agencies: reimbursable state mandates.

(1) Existing law establishes a procedure for local governmental agencies to file, with the Commission on State Mandates (commission) , claims for reimbursement of specified costs associated with state-mandated local programs, and sets forth the procedure for a determination by the commission for eligibility for reimbursement, appropriation, and payment of claims, including payment pursuant to the enactment of a local government claims bill, the establishment of interest accrued on claims, and the review of state mandates by the Legislative Analyst generally. This bill would express the intent of the Legislature that statutes creating a reimbursable state mandate on school districts be periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged. The bill would require that, in addition to a report submitted pursuant to existing law, the Legislative Analyst review and report on each reimbursable state mandate relating to local educational agencies that meets prescribed criteria. The bill would specify the information to be provided in the review and report, and would require that the review and report be provided to the chairpersons of the Assembly Committee on Education, the Senate Committee on Education, and the fiscal committees of the Assembly and the Senate, on or before the January 1 following the adjournment of the regular session of the Legislature for which the review was made. (2) Existing law authorizes a local agency claimant to file with the commission an incorrect reduction claim pursuant to regulations adopted by the commission if the Controller reduces a state mandate reimbursement claim approved by the commission. Existing law authorizes a local agency claimant that is eligible to file an incorrect reduction claim to file a consolidated incorrect reduction claim on behalf of other local agency claimants whose claims for reimbursement under the same mandate are alleged to have been incorrectly reduced if specified conditions apply. Existing law also authorizes the commission, on its own initiative, to consolidate incorrect reduction claims filed with the commission by different claimants under the same mandate if specified conditions apply. This bill, commencing with the 2011–12 fiscal year, instead would authorize a local educational agency to file an incorrect reduction claim as an appeal with the Education Audit Appeals Panel (panel) and would specify deadlines for the filing and hearing. The bill would authorize the consolidation of these appeals and would authorize the panel to adopt regulations necessary to establish procedures for receiving or consolidating appeals and for providing a hearing on a consolidated appeal. The bill would require the commission, by July 1, 2011, to transfer all pending incorrect reduction claims filed on or before June 30, 2011, by a local educational agency and all documentation and commission working papers related to those claims to the panel. The bill would deem any incorrect reduction claim transferred pursuant to the bill to have been appealed to the panel and would require the panel to hold a hearing on or before specified dates, as applicable. (3) Existing law authorizes the commission to order a reconsideration of all or part of a test claim or incorrect reduction claim on petition of any party. This bill, commencing with the 2011–12 fiscal year, would prohibit the commission from ordering a reconsideration of all or part of any incorrect reduction claim that is eligible to be filed with the panel pursuant to a specified provision of the bill described in (2) above. (4) Existing law requires the Legislative Counsel, when a bill is introduced in the Legislature, and each time a bill is amended, to determine whether the bill mandates a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution. Existing law requires that any bill introduced or amended for which the Legislative Counsel has determined the bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution contain a section specifying that reimbursement shall be made pursuant to specified statutory provisions or that the mandate is being disclaimed and the reason therefor. This bill would require that a bill that would impose a state-mandated local program on a local educational agency, as determined by the Legislative Counsel Bureau, include a provision that repeals the state-mandated local program, or makes the requirement inoperative, no later than a date 5 years following the date upon which the bill, as enacted, becomes operative. The bill would require the Legislative Counsel, to include that provision in the bill unless the person requesting the bill or amendment directs the Legislative Counsel to do otherwise.