BILL NUMBER: AB 1713 AMENDED
AMENDED IN ASSEMBLY MARCH 18, 2010
INTRODUCED BY Assembly Member Furutani
FEBRUARY 2, 2010
An act to amend Sections
1330, 48800, 66725.3,
69655, and 84760.5 of, and to repeal Sections
10701 and 89343 of, the Education Code, relating to public education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1713, as amended, Furutani. Public education: reporting
(1) The California Constitution provides for the election of the
Superintendent of Public Instruction, and existing statutory law
prescribes the Superintendent's powers and duties. Existing law also
establishes the segments of the public postsecondary education system
in the state, which include the University of California, which is
administered by the Regents of the University of California, the
California State University, which is administered by the Trustees of
the California State University, and the California Community
Colleges, which is administered by the Board of Governors of the
California Community Colleges.
Existing law requests the University of California, and requires
the Superintendent, the California State University, and the
California Community Colleges, to submit various reports on specified
topics to the Legislature or the Governor, or both.
(2) Existing law establishes the School Employees Fund, and
requires school employers that elect to pay the cost of specified
benefits into the Unemployment Fund to remit to the Treasurer, for
deposit in the School Employees Fund, charges for unemployment
compensation benefits and other expenses of unemployment insurance
for school employees. Existing law requires the Director of
Employment Development, which is the administrator of the School
Employees Fund, to transfer a specified sum based on the number of
covered employees in participating districts to the Superintendent of
the board of governors, as appropriate. Existing law requires this
transfer to be based on annual reports received from the
Superintendent and the board of governors and prescribes the contents
of those reports.
This bill would make these requirements related to the annual
reports inapplicable to the board of governors.
Existing law requires the Chancellor of the California
Community Colleges and the Superintendent to convene a working group
of adult education and data experts to review adult education and
noncredit instruction data systems and to report on the feasibility,
design, and cost of a common data set in adult education.
This bill would delete these requirements.
(2) Existing law authorizes a school district to
authorize pupils to attend a community college as special part-time
or full-time students, and authorizes the principal of a school to
recommend a pupil for a community college summer session only if the
pupil meets prescribed criteria. Existing law , until January 1,
2014, requires the Chancellor of the California Community
Colleges to report, on or before November 1, 2007, and by January 1
of each year thereafter, to the Department of Finance the number of
pupils recommended for a summer session that enroll in summer session
courses and receive a passing grade.
This bill instead, would, require the chancellor to provide the
report by March 1 of each year and would authorize the information in
that report to be consolidated with another specified report.
(3) Existing law requires the board of governors and
the trustees, and requests the regents, by June 30, 2006, to report
on the status of activities in their respective segments relating to
the adoption of a common course numbering system.
This bill would delete that requirement from an annual
report and request.
(6) Existing law requires the Chancellor of the California
Community Colleges to annually report to the Legislature regarding
the number of students served by the Community College Extended
Opportunity Programs and Services and the number of those students
who achieve their educational objectives.
This bill would change that reporting requirement to a biennial
(4) Existing law requires the Chancellor of the
California Community Colleges to prepare and submit to the Department
of Finance and the Legislature, by May 1 of each year, a specified
report on career development and college preparation classes that are
eligible for apportionment funding.
This bill would change the due date of that report from May 1 of
each year to July 1 of each year.
(5) Existing law requires the trustees and the board of
governors to evaluate the extent to which their current programs are
meeting the needs of foster youth and how outreach and retention
services can be improved.
This bill would delete that requirement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1330 of the Education Code
is amended to read:
1330. (a) The Superintendent or the Board of Governors of the
California Community Colleges, as appropriate, shall represent, and
exercise rights of appeal to the Unemployment Insurance Appeals Board
under this part on behalf of school employers held under Section
1336 of the Unemployment Insurance Code.
(b) The Superintendent or Board of Governors of the California
Community Colleges is hereby authorized to obtain pertinent personnel
records and data from any school employer and to act as an agent
individually or collectively for school employers in matters
pertaining to unemployment insurance.
(c) Each county superintendent of schools shall have the
responsibility of establishing, coordinating, and maintaining, either
directly or by contract, an unemployment insurance management system
for each school employer participating in the School Employees Fund
under Article 6 (commencing with Section 821) of Chapter 3 of Part 1
of Division 1 of the Unemployment Insurance Code. A management system
shall include general administration, claims management, appointment
of hearing representatives, representation of school employers at
hearings, and other duties related to the unemployment insurance
program in their jurisdiction. These duties and responsibilities may
be delegated to any school district, community college district,
another county superintendent of schools, or any combination of these
entities, including programs under joint powers agreements for the
purpose of consolidation for economy and employment of specialists,
including the services of a regional data center operated by a county
superintendent of schools or the data-processing services of a
school district or a community college district. School employers not
participating in the School Employees Fund shall be responsible for
the development and maintenance of their own unemployment insurance
management system required by this subdivision.
(d) Each school employer shall perform pursuant to the type of
financing elected, and shall, as required, respond to the
Superintendent or Board of Governors of the California Community
Colleges and the county superintendent of schools or designated
agency as soon as possible, in no case later than 48 hours, to
inquiries made on behalf of the county superintendent or the
Superintendent or Board of Governors of the California Community
Colleges in reference to any aspect of eligibility, notice of claim
or appeal under the unemployment insurance program. Each county
superintendent or agent thereof who is responsible for administering
the unemployment insurance program shall be responsible for timely
responses to any inquiry by the administrator, Superintendent,
Treasurer, Controller, or other officer or person responsible for
disbursements from the School Employees Fund in the State Treasury as
established by Section 822 of the Unemployment Insurance Code, or
the Unemployment Fund in the State Treasury. Any school employer that
fails to pay the contributions, interest, charges or levies within
the time required shall be liable for interest on moneys due at the
rate of 1 percent per month or fraction thereof from and after the
date of delinquency until paid. If the school employer fails, without
good cause, to pay any sums required within the time required, a
penalty of 10 percent of the amount noticed, billed or required shall
be made by the administrator. The administrator may for good cause
waive all or a portion of interest and penalty.
(e) The administrator of the School Employees Fund shall, from
available interest earnings, pursuant to investments authorized by
Section 822 of the Unemployment Insurance Code, transfer each year an
amount equal to two dollars ($2) per covered employee for all
districts participating in the School Employees Fund under Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code, to the Superintendent or the Board
of Governors of the California Community Colleges, as appropriate.
The Superintendent or the Board of Governors of the California
Community Colleges, as appropriate, shall apportion the two dollars
($2) per covered employee amount, less actual state administrative
costs not to exceed five cents ($0.05) per covered employee, to the
county superintendent of schools to cover costs of administering the
unemployment insurance management system specified in subdivision
(f) For each fiscal year, the administrator of the School
Employees Fund shall transfer the funds by December 31 of each year
based on the reports received from the Superintendent by November 30
of each year. The reports shall be compiled from the number of
covered employees as reported by the county superintendent of schools
to the Superintendent by November 1 of each year, based on the
covered employees employed in the preceding calendar month. The funds
shall be apportioned by the Superintendent prior to January 31 of
each year to the county superintendent of schools, less the actual
administrative costs of the Superintendent, which shall not exceed an
aggregate amount of five cents ($0.05) per covered employee. Funds
for the cost of administering the unemployment insurance management
system shall be apportioned to each county superintendent of schools
according to the number of covered employees in each district
reported by him or her, and shall be used only for the purpose of
covering actual administrative costs incurred pursuant to this
SEC. 2. SECTION 1. Section 10701 of
the Education Code is repealed.
SEC. 3. SEC. 2. Section 48800 of the
Education Code is amended to read:
48800. (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational enrichment
opportunities for a limited number of eligible pupils, rather than
to reduce current course requirements of elementary and secondary
schools, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere. The governing board may authorize those
pupils, upon recommendation of the principal of the pupil's school
of attendance, and with parental consent, to attend a community
college during any session or term as special part-time or full-time
students and to undertake one or more courses of instruction offered
at the community college level.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for any
session or term for a pupil who is identified as highly gifted, the
governing board shall issue its written recommendation and the
reasons for the denial within 60 days. The written recommendation and
denial shall be issued at the next regularly scheduled board meeting
that falls at least 30 days after the request has been submitted.
(c) A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
(d) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets all of the
(A) Demonstrates adequate preparation in the discipline to be
(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not
recommend for community college summer session attendance more than 5
percent of the total number of pupils who completed that grade
immediately prior to the time of recommendation.
(3) A high school pupil recommended by his or her principal for
enrollment in a course shall not be included in the 5-percent
limitation of pupils allowed to be recommended pursuant to paragraph
(2) if the course in which the pupil is enrolled meets one of the
criterion listed in subparagraphs (A) to (C), inclusive, and the high
school principal who recommends the pupil for enrollment provides
the Chancellor of the California Community Colleges, upon the request
of that office, with the data required for purposes of paragraph
(A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general education
breadth requirements of the California State University.
(B) The course is a college-level, occupational course for credit
assigned a priority code of "A," "B," or "C," pursuant to the Student
Accountability Model, as defined by the Chancellor of the California
Community Colleges and reported in the management information
system, and the course is part of a sequence of vocational or career
technical education courses leading to a degree or certificate in the
subject area covered by the sequence.
(C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does not offer
college credit in English language arts or mathematics, and the pupil
meets both of the following requirements:
(i) The pupil is in his or her senior year of high school.
(ii) The pupil has completed all other graduation requirements
prior to the end of his or her senior year, or will complete all
remaining graduation requirements during a community college summer
session, which he or she is recommended to enroll in, following his
or her senior year of high school.
(4) On or before March 1 of each year, the Chancellor of the
California Community Colleges shall report to the Department of
Finance the number of pupils recommended pursuant to paragraph (3)
who enroll in community college summer session courses and who
receive a passing grade. The information in this report may be
submitted with the report required by subdivision (c) of Section
(5) The Board of Governors of the California Community Colleges
shall not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
(6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2 of Title 2 , compliance
with this subdivision shall not be waived.
(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014.
SEC. 4. SEC. 3. Section 66725.3 of
the Education Code is amended to read:
66725.3. (a) Not later than June 1, 2006, the California
Community Colleges and the California State University shall adopt,
and the University of California and private postsecondary
institutions may adopt, a common course numbering system for the 20
highest-demand majors in the respective segments.
(b) Each campus of a public postsecondary educational institution
shall incorporate the common course numbering system in its catalog.
This incorporation into a campus catalog shall occur at the next
adoption of a campus catalog after June 1, 2006.
SEC. 5. Section 69655 of the Education Code is
amended to read:
69655. (a) Pursuant to Section 69648, the Chancellor of the
California Community Colleges shall determine the elements of a
statewide data base for the Community College Extended Opportunity
Programs and Services, which shall be used for periodic evaluation of
the programs and services. The data base shall include all
information necessary to demonstrate the statewide progress towards
achieving the program goals identified in Section 69640, and program
objectives adopted pursuant to Section 69648 including, but not
limited to, all of the following:
(1) The annual number of extended opportunity programs and
services (EOPS) students and non-EOPS students who complete degree or
certificate programs, transfer programs, or other programs, as
determined by state and local matriculation policies.
(2) The annual number of EOPS and non-EOPS students who transfer
to institutions which award the baccalaureate degree. In implementing
this paragraph, the chancellor shall work in cooperation with the
California Postsecondary Education Commission, the President of the
University of California, the Chancellor of the California State
University, and the Association of Independent Colleges and
Universities to establish methods for obtaining the necessary data.
(3) The annual number of EOPS and non-EOPS students completing
occupational programs who find career employment.
In implementing this paragraph, the chancellor shall integrate the
data collection with existing data collection requirements
pertaining to vocational education.
(b) Beginning in January 1987, the chancellor shall biennially
report to the Legislature regarding the number of students served by
the Community College Extended Opportunity Programs and Services and
the number of EOPS students who achieve their educational objectives.
SEC. 6. SEC. 4. Section 84760.5 of
the Education Code is amended to read:
84760.5. (a) For purposes of this chapter, the following career
development and college preparation courses and classes for which no
credit is given, and that are offered in a sequence of courses
leading to a certificate of completion, that lead to improved
employability or job placement opportunities, or to a certificate of
competency in a recognized career field by articulating with
college-level coursework, completion of an associate of arts degree,
or for transfer to a four-year degree program, shall be eligible for
funding subject to subdivision (b):
(1) Classes and courses in elementary and secondary basic skills.
(2) Classes and courses for students, eligible for educational
services in workforce preparation classes, in the basic skills of
speaking, listening, reading, writing, mathematics, decisionmaking,
and problem solving skills that are necessary to participate in
job-specific technical training.
(3) Short-term vocational programs with high-employment potential,
as determined by the chancellor in consultation with the Employment
Development Department utilizing job demand data provided by that
(4) Classes and courses in English as a second language and
vocational English as a second language.
(b) The board of governors shall adopt criteria and standards for
the identification of career development and college preparation
courses and the eligibility of these courses for funding, including
the definition of courses eligible for funding pursuant to
subdivision (a). The criteria and standards shall be based on
recommendations from the chancellor, the statewide academic senate,
and the statewide association of chief instructional officers. The
career and college preparation courses to be identified for this
higher rate of funding should include suitable courses that meet one
or more of the qualifications described in subdivision (a).
(c) A district that offers courses described in subdivision (a),
but that is not eligible for funding under subdivision (b), shall be
eligible for funding under Section 84757.
(d) The chancellor, in consultation with the Department of Finance
and the Office of the Legislative Analyst, shall develop specific
outcome measures for career development and college preparation
courses for incorporation into the annual report required by
subdivision (b) of Section 84754.5.
(e) The chancellor shall prepare and submit to the Department of
Finance and the Legislature, on or before July 1 of each year, a
report that details, at a minimum, the following:
(1) The amount of FTES claimed by each community college district
for career development and college preparation courses and classes.
(2) The specific certificate programs and course titles of career
development and college preparation courses and classes receiving
additional funding pursuant to this section, as well as the number of
those courses and classes receiving additional funding.
SEC. 7. SEC. 5. Section 89343 of the
Education Code is repealed.