LHC
A Review of Use of Lottery Funds in the State's K-12 Public School System
Read the report at Little Hoover Commission ↗
GEORGE DEUKMEJIAN. Governor
STATE OF CALIFORNIA
COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY ~.:".:;"".~
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1127 -11th Street, Suite 550, (916) 445-2125-
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Sacramento 95814 " ... ,.~
C/":atf:r.an June 30, 1986
NA n-~N SHAPELL
VlCe-C.t..alfman
JAMES M 80USKOS
ALFl'lEO E. ALCUIST
SenalCl
The Honorable George Deukmej ian
MARYANNE CHALKER
ALSE~TGERSTENJA. Governor of California
HAJG G. MAROIKIAN
The Honorable David A. Roberti The Honorable James Nielsen
MIL,CN MARKS
Seralcr President pro Tempore of the Senate Senate Minority Floor Leader
GWEN "'OORE and Members of the Senate
Asse:'-:Ivwoman
Aa~A;-AMSP'EGEL The Honorable Willie L. Brown, Jr. The Honorable Patrick Nolan
;:IC~.~O ~ -E:;ZIAN Speaker of the Assembly Assembly Minority Floor Leader
and Members of the Assembly
JEAN <;"OY 'NAlKER
P~!L~_:.? 0 'NYMAN
Dear Governor and Members of the Legislature:
RC:E:;,T ONEill
E t!'C:":'"le D,rec:or
On May 21, 1986, the Commission on California State Government
Organization and Economy, also known as the Little Hoover Commission,
conducted a public hearing on the use of lottery funds in the State's
kindergarten through grade 12 (K-12) public school system. The hearing
focused on determining if the State has established "a sound system to
allocate, use and account for lottery funds distributed to education.
It also reviewed the processes used by school districts to develop
priorities for spending lottery funds and the expenditures that school
districts have made with these funds. This letter presents a report of
our findings and recommendations on issues and problems associated with
the State's current system for expending lottery funds for K-12 public
education.
The Commission has had a strong and continuing interest in the
overall financial accountability and responsibility of school districts
in California during recent years. While the lottery funds represent a
relatively small portion of the monies received by school districts, it
is a new and highly discretionary revenue source. Therefore, the
Commission believes it is important that the problems that are occurring
in the administration and use of these funds be addressed immediately.
The Commission is extremely concerned with the lack of parameters
for school districts' expenditure of lottery funds and the general lack
of assurance that these funds are being used for instructional
activities. Although the Commission respects the right of local boards
of education to decide how lottery funds are spent, our review showed
that the processes used by some school districts to determine spending
priorities for lottery funds do not provide for full participation by
all interested groups. Moreover, since lottery funds are among the
least restricted funds that school districts receive, we believe that it
is imperative that the State have an adequate system of financial
accountability and control in place to ensure that the public has
(ThiS letterhead not printed at tax paver s exc~nsel
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confidence tha t lottery funds are being well-spent. Specifically, our
review identified the following problems:
o School districts are using inconsistent and sometimes inadequate
processes for determining priorities for spending lottery funds;
o School districts are confused regarding the allowable uses of lottery
funds;
o Some school districts are not making prudent use of lottery funds;
o The State has not established sufficient accounting and reporting for
lottery funds; and
o The State should include certain educational programs in the
calculation and allocation of lottery funds.
To help solve these problems, the Commission believes that the
Governor and the Legislature should require that guidelines be developed
for local boards of education to use in determining spending priorities for
lottery funds. In addition, the Legislature needs to further define
allowable uses of lottery funds and urge local boards of education to use
lottery funds for non-recurring expenditures. The Legislature also needs
to strengthen reporting and auditing requirements for lottery funds.
Finally, the Legislature should make some minor adjustments in the method
used to allocate lottery funds to school districts to ensure--the equitable
distribution of funds.
The remaining sections in this letter present background information
pertaining to our review, a discussion of each of our major findings, and
the Commission's recommendations for addressing the problems identified
during the study.
BACKGROUND
The California State Lottery (Lottery) was approved by the voters of
California with the passage of Proposition 37 in November 1984. The
purpose and intent of the Lottery, as defined in the Lottery Act, are
support for the preservation of the rights, liberties, and welfare of the
people by providing additional monies to benefit education without the
imposition of additional or increased taxes. Moreover, the Lottery Act
also stated that the net revenues of the Lottery shall not be used as
substitute funds, but rather shall supplement the total amount of money
allocated for public education in California.
The Lottery Act established a formula for allocating lottery funds for
public education. It requires that 50% of the total annual revenues shall
be returned to the public in the form of prizes. In addition, it states
that at least 34% of the total annual revenues shall be allocated to the
benefit of public education, and that no more than 16% shall be allocated
for payment of the Lottery's expenses.
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Based upon the requirements in the Lottery Act, the State has
established a process for allocating funds for education. The current
process, as it relates to K-12 public education involves five major steps.
First, all lottery revenues are deposited in the State Lottery Fund.
Second, on a quarterly basis, the Lottery calculates 34% of all revenues
received by the State Lottery Fund, which represents the amount of revenues
earmarked for public education. The State Controller's Office then sees
that these funds are transferred to the California State Lottery Education
Fund. Third, the State Department of Education provides the State
Controller's Office with average daily attendance (ADA) information for
each of the 1028 school districts in California. The State Controller's
Office then determines the allocation of lottery funds to school districts
on a "per capita" basis by dividing the total lottery education funds by
the total statewide ADA. This "per capita" amount is then multiplied by
the number of students in a school district to determine the amount of
funds a district will receive.
Once the amount of funds each school district should receive is
determined, the fourth step in the process occurs. The State Controller's
Office issues a warrant to each County Treasurer for all school districts
in a county. The warrant is accompanied by a memo that identifies each
district's allocation. Finally, step five involves a County Treasurer
depositing the warrant for a county in a special account for lottery funds
that each county has established for use by school districts. Each
district may then withdraw funds from the account to its allocation limit.
The Lottery Act stipulates that all funds allocated from the
California State Lottery Education Fund shall be used exclUSively for the
education of pupils and students and no funds shall be spent for
acquisi tion of real property, construction of facilities, financing of
research or any other non-instructional purpose. In addition, the Lottery
Act states that the State Controller's Office shall conduct quarterly and
annual post-audits of all accounts and transactions of the State Lottery
Commission and other special post-audits as the State Controller's Office
deems necessary.
SCHOOL DISTRICTS ARE USING INCONSISTENT AND SOMETIMES INADEQUATE PROCESSES
FOR DETERMINING PRIORITIES FOR SPENDING LOTTERY FUNDS
The testimony at the Commission's public hearing revealed that the
processes used by school districts to determine how they will spend their
lottery funds differ considerably and may not be adequate in some instances
to ensure that the funds are being well spent. Due to the lack of
sufficient processes for determining spending priorities, certain concerned
groups may not have the opportunity to participate in the determination of
how their school district identifies and assigns priorities to its needs,
and in how their district eventually spends its lottery monies. Moreover,
the lack of well-defined and open processes in school districts for
determining how to use lottery funds can undermine the public's confidence
in the use of these funds.
While existing law permits school districts to spend lottery funds
within certain broad parameters, there is no provision in State law
governing the process that school districts should use to determine how to
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spend lottery money. In addition, although the State Department of
Education has issued guidelines to school districts relating to various
concerns pertaining to the use of lottery funds, it has not issued
guidelines to school districts regarding how districts should establish a
process for determining how lottery funds should be spent. This has
resulted in a wide range of different types of processes being developed
and used in school districts.
Some processes are well-defined, thorough, and allow for public
comment, while other processes are poorly defined, vague, and do not rely
on much, if any, public input. For example, our public hearing showed that
the San Juan Unified School District and the San Diego Unified School
District have established extensive processes for determining how to spend
lottery funds. On the other hand, the Los Angeles Unified School District,
the Oakland Unified School District, and the Sacramento City Unified School
District have not utilized processes that are as extensive.
The San Juan Unified School District's process for determining
district priorities and how lottery funds would be spent spanned eight
months a~d included the use of parents and administrative staff on advisory
groups for kindergarten through grade 6, grade 7 and 8, grades 9 through
12, and special education. These groups developed requests for lottery
funds which were then discussed with other parent/ad:!!linistrative groups,
councils (administrative meetings with principals/vice principals) and
teacher groups (elementary teacher advisory groups, grade 7-12 teacher
groups, cepartment representatives and curriculum groups). A package of
lottery requests were then presented to the Board of Education which held a
0:
series public hearings on these requests. The District staff then
assigned priorities to the requests for lottery funds. These requests were
reviewed at a public hearing which included more than three hours of public
comment and then voted on by the Board of Education.
The San Diego Unified School District developed a different, but a
similarly extensive process, for determining how it would establish
priorities for and spend its lottery funds. The District's plan for using
lottery funds allocated approximately one-third of the funds to teachers
for either salaries or class-size reductions, one-third for school site
discretionary uses, and one-third for district-wide program and equipment
needs. The plan for one-third of the funds to be earoarked for teachers'
salaries or class-size reductions resulted from negotiations with the
District's teacher bargaining unit. A j oint committee of teachers and
managers .." "ill make recommendations to the Board of Education on how the
class-size reductions should be implemented. School site committees, made
up of staff and parents, will determine critical needs for school site
allocation spending. Finally, a district level committee comprised of the
heads of each district division will make recommendations for district-wide
proj ects.
Conversely, the Los Angeles Unified School District's Board of
Education had not allocated any of its lottery funds at the time of our
public hearing. Instead, it placed the lottery funds in a separate
interest-bearing account pending the outcome of legislation it is
sponsoring to allow lottery funds to be spent for capital outlay, which it
is currently precluded by law from doing. While the Los Angeles Board of
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Education has not made any specific allocation of lottery funds, it has
taken a position in determining priorities for the use of funds.
Specifically, its position is that the District's highest priority is to
relieve the shortage of classroom facilities and overcrowding. Once the
legislative issue relating to the use of lottery funds is decided, the
Board of Education is planning to determine what percentage of lottery
funds will be applied to relieve overcrowding, and what percentage will go
towards other needs.
The Oakland Unified School District used approximately half of the
lottery funds it expects to receive for fiscal year 1985-86 to negotiate a
strike settlement with its teachers. The District plans to spend its
remaining lottery funds for this fiscal year on textbooks, deferred
maintenance, and other miscellaneous areas as determined by the Board of
Education.
The Sacramento City Unified School District surveyed district
administrators to solicit input for potential uses of lottery monies. The
methods used by individual school site administrators and central office
administrators in obtaining information from other staff members varied
throughout the District. Once administrators determined potential uses of
lottery funds, the District's Executive Staff submitted a report to the
Board of Education. However, the Board of Education decided to place a
major portion of its first lottery income, approximately 83 percent, in an
unrestricted reserve so that the lottery money could be considered with the
District's overall needs and priorities for the fiscal year 1986-87.
The testimony that the Commission received at its public hearing and
the research conducted by the Commission regarding the processes used by
school districts to allocate lottery funds identified three maj or
weaknesses in some school districts, including:
o The lack of an adequately defined process for allocating lottery funds
that allows groups participating in the process to understand how the
process works;
o The lack of a sufficiently open process to determine district
priorities and how funds would be spent. This includes allowing for
participation by all major groups potentially effected by the process,
including administrators, teachers, classified employees, parents,
students, and other members of the community; and
o The lack of a well-advertised process to ensure public review and
comment on the spending priorities and the actual use of funds.
Due to the considerable variation in the processes being used by
school districts to allocate lottery funds and the lack of statewide
guidelines in this area, the Commission believes that these concerns must
be addressed in order to ensure that the public has confidence that lottery
funds are well-spent by school districts.
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SCHOOL DISTRICTS ARE CONFUSED REGARDING THE ALLOWABLE USES OF LOTTERY FUNDS
Since the initial disbursement of $272 million of lottery funds for
public education was made by the State Controller's Office in February
1986, approximately 90 percent of which went to K-12 public education,
school districts throughout the State have expressed concern and confusion
regarding what expenditures can be made with these funds. This uncertainty
has occurred because the Lottery Act is vague regarding what expenditures
are permissible with lottery funds and no parameters have been established
for school districts regarding the use of such funds. As a result, the
Commission found that some school districts are making highly questionable
uses of lottery funds. Although the uses are allowable under State law,
they are not consistent with the expressed intent of the Lottery Act, which
is to augment funds already allocated to public education and to spend
lottery funds exclusively for instructional purposes.
The declared purpose of the Lottery Ac t was to provide additional
monies to benefit education without the imposition of additional or
increased taxes. The Lottery Act also specifies that the net revenues of
the California State Lottery shall not be used as substitute funds but
rather shall supplement the total amount of money allocated for public
education in California (Section 8880.1, Government Code). The Lottery Act
also states that it is the intent of the Act that all funds allocated from
the California State Lottery Education Fund shall be used exclusively for
the education of pupils and students and no funds shall be spent for
acquisition of real property, construction of f acili ties, financing of
research or any other non-instructional purpose (Section 8880.5 (d)
Government Code).
The California Education Code does not define instructional purposes.
However, a recent court decision, Hartzell v. Connell, 35 Cal. 3d 899, in
which the State Supreme Court considered the constitutionality of district
imposed fees for participation in "extra-curricular" programs, such as
athletics and cheerleading, held that activities which form an integral
part of education in the broad sense of the ter:l are a part of the "free
school" guarantee of the California Constitution, Article IX, Section 5.
Counsel opinions which have been received by school districts
regarding the use of lottery funds suggest that it might be appropriate to
equate the word "instructional" with the word "educational"-- a broader
term. Therefore, other than the uses of funds which are clearly proscribed
in the Lottery Act, including the purchase of school sites, the
construction of facilities, and the financing of research or any other
non-instructional purpose, school activitie s tha t fall wi thin the "free
school" guarantee of the California Constitution are permissible uses of
lottery funds. More recently, Chapters 872 and 1052, Statutes of 1985,
specifically provided for the expenditure of lottery revenues free of state
control and at the discretion of the local school boards.
In response to questions and concerns raised by school districts
regarding the allowable uses of lottery funds, Superintendent Honig issued
a letter to County and District Superintendents on November 1, 1985. This
letter emphasized that it is important for school districts to utilize
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lottery funds for visible, high-impact activities in order to maintain
public support for lottery revenues as a supplement to general education
funding. In the letter, Superintendent Honig recommended that lottery
funds be considered for items such as additional textbooks or supplementary
materials, refurbishing of science laboratories, restocking of school
libraries and special teacher training programs. He also stressed that
local communities be aware of what the school districts are using the funds
for and what impact expenditures are having.
The testimony that the Commission received at its public hearing
indicated that school districts are spending lottery funds for a wide
variety of uses. Some of the uses of lottery funds are extremely
imaginative, creative and have a direct relationship to classroom
instruction, while other uses appear to be questionable and not directly
related to instructional purposes.
Among the uses of lottery funds that the Commission found to be
directly related to classroom instruction were the following:
o San Diego Unified School District -- the purchase of instructional
supplies, textbooks, equipment; supplies for implementing and
upgrading an Advanced Placement Program; and class size reductions;
o San Jose Unified School District -- the purchase of equipment and
materials for media centers and libraries; expository writing awards
for students; and the development of a sequential curriculum for the
various specialty areas covered by special education; and
o Cupertino Union School District -- the establishment of a voluntary
extended teacher work year for site instructional planning; a program
to build decision-making skills in students regarding drugs, alcohol,
and other social problems; and after-school sports.
While the above mentioned uses of lottery funds by school districts
have a strong relationship to instructional or educational purposes, the
Commission identified other uses of lottery funds that were not as directly
related to instructional purposes. For example, the Commission identified
the following uses, or planned uses, of lottery funds:
o Sacramento City Unified School District the allocation of
$1,917,300 out of $2,270,000, or 83 percent, of its initial payment of
lottery funds to an undistributed reserve account for future use;
o Oakland Unified School District -- the use of $2.5 million of the
estimated $5.5 million, or 45 percent, of lottery funds to be received
in fiscal year 1985-86 for the settlement of a teachers strike;
o Los Angeles Unified School District -- the placement of all funds
received for fiscal year 1985-86, approximately $65 million, in a
separate interest-bearing account to be used largely for the
construction of new facilities, if legislation allowing such
construction is enacted by the Legislature;
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o San Diego Unified School District -- the planned use of $1.8 million
of the estimated $14 million the district will receive in fiscal year
1986-87 for liability insurance. In addition, the planned use of $1.9
million for deferred maintenance matching funds and $8.1 million for a
reserve to cover certain economic uncertainties, including revenue
deficits, integration programs, unresolved cost of living allowance
issues, and impact aid funding.
The Commission is extremely concerned with the essentially unlimited
definition of instructional, or educational purposes. While the Commission
respects the authority of local boards of education to determine the use of
lottery funds, the Commission believes that this authority should be
exercised within certain broad parameters or guidelines. Among the
questionable areas which the Commission is concerned that lottery funds are
being used for are the following:
o Deferred maintenance includes the provision of new lighting,
roofing repairs, ground repairs, and plumbing repairs;
o Regular maintenance -- includes the routine cleaning, painting, or
janitorial service for buildings and grounds;
o Transportation includes the purchase and maintenance of school
busses or other vehicles;
o Equipment and fixtures -- includes the purchase of new furbishings for
facilities, such as air conditioners and carpets, and other related
items and services, such as wall coverings;
While the Commission realizes that these are necessary and useful
expenditures for school districts to make, the Commission believes that
such expenditures are questionable uses of lottery funds in that the
expenditures are not being made to augment funds already allocated to
public education and are not being used exclusively for instructional
purposes.
SOME SCHOOL DISTRICTS ARE NOT MAKING PRUDENT USE OF LOTTERY FUNDS
Our public hearing revealed that some school districts are using
lottery funds for on-going expenses, such as funding permanent increases in
teacher salary schedules. While the use of lottery funds for on-going
expenses is not precluded by State law, the Commission does not believe
that using lottery funds for on-going expenses is a prudent business
practice because lottery funds have historically declined in other states
after the first year and therefore are not guaranteed at any level. As a
result, school districts could be faced with unfunded liabilities in the
future if lottery funds decrease.
As previously mentioned, school districts have considerable discretion
in how they make use of lottery funds. Generally speaking, school
districts can use lottery funds for any instructional or educational use,
except those uses that are specifically proscribed in the Lottery Act,
including; the purchase of school sites, the construction of facilities;
and the financing of research or any other non-instructional purpose.
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Superintendent Honig, in his November 1, 1985 letter to school
district superintendents regarding the use of lottery funds, urged school
districts to use the bulk of lottery funds for non-recurring expenses, due
to the fluctuating nature of lottery revenues provided to school districts
from year to year. Thus, the Superintendent has warned districts to avoid
making long-term funding commitments with lottery funds. Furthermore, the
California School Boards Association has adopted a policy statement that
"strongly urges all members to restrict the use of lottery funds to
supplemental non-recurring expenses."
The Commission has determined that some- school districts have not
heeded these warnings and are making long-term funding commitments with
lottery funds. For example, the Oakland Unified School District committed
$2.5 million of its estimated $5.5 million in fiscal year 1985-86 lottery
revenues to negotiate salary settlements during its recent teachers strike.
Similarly, the San Diego Unified School District plans to commit $3.5
million of its estimated $9.5 million in lottery revenues this fiscal year
for teachers salaries, benefits, and class-size reductions.
A recent survey by the California School Boards Association showed
that 20 out of 114 school districts responding, or 18%, are committing a
portion of their lottery funds to salary compensation. This does not
include districts that are committing lottery funds to one-time salary
bonuses; instead, it identifies districts that are using lottery funds to
make long-term recurring commitments.
The Commission also found that school districts are using lottery
funds for other long-term recurring commitments, including maintenance,
custodial and clerical services. While the Commission recognizes these
services and teacher salary commitments as being vital to school districts,
the Commission does not believe these expenditures represent prudent uses
of lottery funds. Because lottery funding can potentially fluctuate
considerably from year to year, the Commission believes that school
districts use of lottery funds for long-term recurring expenditures could
result in school districts making financial commitments that they would be
unable to meet in future years if lottery funding is reduced.
THE STATE HAS NOT ESTABLISHED SUFFICIENT ACCOUNTING AND REPORTING FOR
LOTTERY FUNDS
The Lottery Act and subsequent legislation provide that lottery funds
should be used at the discretion of local boards of education with only few
limitations. Lottery funds are among the least restricted source of funds
that school districts receive and, as evidenced by our study, are used for
a wide variety of purposes. Although some reporting and accounting
mechanisms have been established, the Commission fund that the financial
accountability for lottery funds is insufficient to ensure that the funds
are used in accordance with State law.
The Lottery Act and subsequent related legislation, including Chapters
872 and 1052, have provided that school districts may spend lottery funds
at their discretion within certain broad limitations. As previously
discussed, lottery funds cannot be used for the acquisition of real
property, construction of facilities, financing or research or any other
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non-instructional purpose. In addition, the Lottery Act stated that
lottery funds shall supplement the total amount of money allocated for
public education in California.
As a precondition of receiving lottery monies, each County Treasurer
was required to certify to the State Controller's Office that each school
district for which it acted as the Treasurer had established a separate
lottery education account as required by State law. The State Controller's
Office also has the responsibility for preparing the audit manual that is
used by certified public accounting firms to audit school districts. The
State Controller's Office has modified the audit manual to require some
audit coverage of lottery funds.
The State Department of Education also has provided guidance to school
districts on accounting for and reporting on the use of lottery funds. The
State Department of Education has issued two Fiscal Management Advisory
Memos to school districts and has documented the Annual Financial and
Budget Report with an element on accounting and reporting for lottery funds
use. In addition, the State Department of Education, in accordance with
supplemental language to the Budget Act of 1985, is required to compile
information and report to the Legislature by October 1, 1986 on how much
lottery funds each school district received, its use of these funds, and
its proposed expenditures for fiscal year 1986-87.
Although the State Controller's Office and the State Department of
Education have taken steps to provide accountability and reporting for
lottery funds, the Commission's public hearing and research indicate that
the actions that have been taken are insufficient to ensure that lottery
funds are spent appropriately. For example, the audit manual developed by
the State Controller's Office includes an audit step for ensuring that a
separate lottery education account has been established by each school
district. However, even though school districts have considerably more
discretion for spending lottery funds, no special audit routines have been
developed to review the use of these funds. Moreover, since lottery funds
represent only about three percent of the funds received by K-12 public
education in California, these funds will receive only minimal scrutiny
during the annual independent audit performed in school districts.
Similarly, the accounting and reporting on the use of lottery funds on
the Annual Financial and Budget Report, and also on the special report
being prepared this year by the State Department of Education in response
to the Budget Act of 1985, are being performed at a very high level of
analysis and do not provide detailed information on expenditures •.
As a result, the existing accounting and reporting requirements for
lottery funds are not sufficiently detailed to determine how lottery funds
are actually being used by school districts and whether or not these funds
are being spent in accordance with State law. In addition, the accounting
and reporting requirements that have been developed are not commensurate
with the degree of discretion exercised by school districts in spending
lottery funds and are not adequate to ensure accountability and financial
control.
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THE STATE SHOULD INCLUDE CERTAIN EDUCATIONAL PROGRAMS IN THE ALLOCATION OF
LOTTERY FUNDS
Under the current process for allocating lottery funds to K-12 public
education programs, certain deserving programs, including state-funded
summer school, apprenticeship, and state special schools programs, are not
recognized in the calculations used to distribute lottery funds. As a
result, these programs do not share in the receipt of lottery funds.
The State Department of Education provides the State Controller's
Office with information regarding the total average daily attendance that
is eligible for lottery funds from each school district. The State
Controller's Office then uses this ADA information as the basis of
determining a statewide "per capita" amount of lottery funds available for
each unit of ADA. Then, the State Controller's Office makes a
determination of the allocation for each school district by multiplying the
"per capita" amount times the number of eligible ADA in a school district.
The State Controller's Office has specified that the ADA included as
the basis for lottery revenue distribution includes all regular school ADA,
special education ADA, adult ADA for state-mandated classes including pupil
counts above the capped growth level, ROC/P ADA including pupil counts
above the capped growth level, and state hospital students in special day
classes.
Due to the way the State Controller's Office has determined the ADA
that is eligible for lottery funds, the ADA equivalent of certain deserving
programs operated by school districts are not included in the calculation
of the distribution of lottery funds. These include the ADA equivalent of
state-funded summer school, apprenticeship, and state special schools
programs which represent an estimated 43,000 ADA statewide. As a result,
school districts operating these programs do not receive lottery funds for
the ADA equivalent of the students in these programs.
RECOMMENDATIONS
To improve the system that the State has established to allocate, use,
and account for lottery funds distributed to K-12 public education, the
Commission recommends the following actions:
(1) The Legislature should require the State Department of Education, in
cooperation with a task force of school district representatives, to
develop guidelines for local boards of education to use in developing
advisory processes for determining spending priorities for lottery
funds. At a minimum, these guidelines should address the following:
o Defining the major steps in the advisory process for determining
priorities;
o Ensuring an opportunity for maximum participation in the process
by effected groups, including: administrators, teachers,
parents, students, classified employees, students, and other
interested groups; and
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o Allowing for adequate public notice of the process and for review
and comment on priorities.
Moreover, the advisory process for lottery fund expenditures should
compliment the annual budgetary process presently used by school
districts.
(2) The Legislature should enact legislation that generally defines
instructional and non-instructional purposes. To do this, the
Legislature should first require the State Department of Education, in
cooperation with a task force of representatives of school districts,
to develop definitions of instructional and non-instructional
purposes.
(3) The Legislature should enact legislation that strongly urges local
boards of education to use lottery funds for supplemental
non-recurring expenses.
(4) The Legislature should require the State Controller's Office, in
cooperation with the State Department of Education, to develop more
specific audit requirements relating to the use of lottery funds to be
included in the audit manual used by certified public accountants to
perform the annual audit of school districts. Specifically, these
requirements should include audit tests relating to the appropriate
use of lottery funds.
(5) The State Department of Education should review and improve its
current forms for collecting information from school districts on the
use of lottery funds. Specifically, the Department should require
school districts to provide more detailed information on the use of
lottery funds by type of expenditure on the Annual Financial and
Budget Report.
(6) The Legislature should enact legislation that provides for the ADA
equivalent of state-funded summer school, apprenticeship, and state
special schools programs to be recognized and included in the
distribution of lottery funds.
* * * * *
Based on our review of the initial allocation of lottery funds to
school districts, it is apparent that the actions outlined in our
recommendations are warranted and necessary to ensure that the State has
established a sound and complete system to ensure the proper use,
allocation, and accounting for lottery funds in its K-12 public school
system. The Commission is extremely concerned with the lack of assurance
that lottery funds are being used for classroom-related activities. In
addition, the Commission believes that some school districts are being very
short-sighted by using lottery funds for recurring expenditures, which, if
lottery funds decrease in coming years, could result in deficit situations
in these districts.
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The Commission believes that the Governor and the Legislature should
adopt the measures outlined in this report so that the public will have
confidence that lottery funds are being well-spent by school districts.
These measures will strengthen the financial accountability for lottery
funds without undermining local control.
Assemblywoman Gwen
~~ore
M. Lester Oshea
Abraham Spiegel
Richard Terzian
Jean Kindy Walker
Assemblyman Phillip
~Jnnan