BILL NUMBER: AB 189 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 3, 2011
INTRODUCED BY Assembly Member Eng
(Coauthors: Assembly Members Fong, Mendoza, Swanson, and Torres)
JANUARY 26, 2011
An act to amend Section 52612 of, and to add Section
52618 to, Sections 42605 and 52612 of the
Education Code, relating to adult education
education funding, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 189, as amended, Eng. Adult education:
Education funding.
(1) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. Existing law requires the Superintendent of Public
Instruction, for the 2008-09 to 2012-13 fiscal years, inclusive, to
apportion from the amounts provided in the annual Budget Act for
specified categorical education programs an amount based on the same
relative proportion that the local educational agency received in the
2008-09 fiscal year for those programs and authorizes school
districts, for those fiscal years, to use these funds, with specified
exceptions, for any educational purpose, to the extent permitted by
federal law. Existing law, for those fiscal years, deems local
educational agencies that use these categorical education program
funds for any educational purpose to be in compliance with the
program and funding requirements of those categorical education
programs, including requirements related to average daily attendance
accounting.
This bill would extend the operation of this provision for 2
additional fiscal years, thus extending it through the 2014-15 fiscal
year. Commencing with the 2011-12 fiscal year, the bill would
require a local educational agency that receives funding pursuant to
the above provision to allocate a sufficient amount, as defined, of
the funding received from specified Budget Items for the purposes
provided for in those items. As a condition of receipt of funds, the
bill would also require the governing board of the school district or
board of the county office of education, as appropriate, to certify
that this sufficient amount of funding has been provided at a
regularly scheduled open public hearing. The bill would also make
various findings and declarations. By allowing funds appropriated for
specified purposes to be expended for any educational purpose for 2
additional fiscal years, the bill would make an appropriation.
(1)
(2) Existing law authorizes the governing board of a
school district maintaining an adult class to require an adult
enrolled in the class to pay a fee and prohibits the governing board
from imposing a charge for a class in English and citizenship for
foreigners or a class in an elementary subject, except as specified.
This bill would remove that prohibition.
(2) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. Existing law requires the Superintendent of Public
Instruction, for the 2008-09 to 2012-13 fiscal years, inclusive, to
apportion from the amount provided in the annual Budget Act for
specified categorical education programs an amount based on the same
relative proportion that the local educational agency received in the
2007-08 fiscal year for those programs and authorizes school
districts, for those fiscal years, to use these funds, with specified
exceptions, for any educational purpose, to the extent permitted by
federal law.
This bill would require school districts receiving specified
funding for adult education, which is categorized as flexible
categorical education program funding, to expend at least 65% of that
adult education funding on adult education programs in a specified
manner, commencing with the 2011-12 fiscal year. If a school district
chooses not to offer or continue adult education programs, the bill
would require the school district to report this fact to the State
Department of Education by a specified date and forfeit 65% of the
district's flexible categorical education program funding that is
designated for adult education. The bill would require the department
to allocate the forfeited funding through a request for proposal
process to districts offering adult education programs. The bill
would encourage school districts to work toward targeted and
measurable student outcomes for students taking adult education
classes and would state the intent of the Legislature that school
districts and county offices of education report adult education
attendance in a specified manner and that the department develop a
tracking system, and develop and implement a data collection system,
to assess outcomes of adult education programs. The bill would
require school districts to expend an additional 5% above the 65%
requirement on adult education programs for each fiscal year that the
flexible categorical education program funding is provided beyond
the 2012-13 fiscal year. The bill would require the department to
submit an annual report to the Legislature summarizing specified
adult education information.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42605 of the
Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e)
subdivisions (e) and (g) , for the 2008-09 fiscal year to the
2012-13 2014-15 fiscal year, inclusive,
recipients of funds from the items listed in paragraph (2) may use
funding received, pursuant to subdivision (b), from any of these
items listed in paragraph (2) that are contained in an
Section 2.00 of the annual Budget Act, for any
educational purpose.
(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-122-0001, 6110-123-0001, 6110-124-0001, 6110-137-0001,
6110-144-0001, 6110-150-0001, 6110-151-0001, 6110-156-0001,
6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001,
6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001,
6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-227-0001,
6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001,
6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001,
6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001,
6110-266-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001 of
Section 2.00.
(b) (1) For the 2009-10 fiscal year to the 2012-13
2014-15 fiscal year, inclusive, the
Superintendent or other administering state agency, as appropriate,
shall apportion from the amounts provided in the annual Budget Act
for the items enumerated in paragraph (2) of subdivision (a) an
amount to recipients based on the same relative proportion that the
recipient received in the 2008-09 fiscal year for the programs funded
through the items enumerated in paragraph (2) of subdivision (a).
(2) This section and Section 42 of Chapter 12 of the 2009-10 Third
Extraordinary Session do not authorize a school district that
receives funding on behalf of a charter school pursuant to Sections
47634.1 and 47651 to redirect this funding for another purpose unless
otherwise authorized in law or pursuant to an agreement between a
charter school and its chartering authority. Notwithstanding
paragraph (1), for the 2008-09 fiscal year to the 2012-13
2014-15 fiscal year, inclusive, a school
district that receives funding on behalf of a charter school pursuant
to Sections 47634.1 and 47651 shall continue to distribute the funds
to those charter schools based on the relative proportion that the
school district distributed in the 2007-08 fiscal year, and shall
adjust those amounts to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a). For a charter school that began
operation in the 2008-09 fiscal year, if a school district received
funding on behalf of that charter school pursuant to Sections 47634.1
and 47651, the school district shall continue to distribute the
funds to that charter school based on the relative proportion that
the school district distributed in the 2008-09 fiscal year and shall
adjust the amount of those funds to reflect changes in charter school
attendance in the district. The amounts allocated shall be adjusted
for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 2014-15 fiscal year,
inclusive, the Superintendent shall apportion from the amounts
appropriated by Item 6110-211-0001 of Section 2.00 of the annual
Budget Act an amount to a charter school in accordance with the
per-pupil methodology prescribed in subdivision (c) of Section
47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 2014-15 fiscal year,
inclusive, the Superintendent shall apportion from the amounts
provided in Section 2.00 of the annual Budget Act an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in the annual
Budget Act: 6110-104-0001, 6110-105-0001, 6110-156-0001,
6110-190-0001, Schedule (3) of 6110-193-0001, 6110-198-0001,
6110-232-0001, and Schedule (2) of 6110-240-0001.
(5) For purposes of paragraph (4), if a direct-funded charter
school began operation in the 2008-09 fiscal year, the amount that
the charter school was entitled to receive from the items enumerated
in paragraph (4) for the 2008-09 fiscal year, as certified by the
Superintendent in March 2009, is deemed to have been received in the
2007-08 fiscal year.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds, the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall
take do both of the following:
(A) Take testimony from the
public, discuss, approve or disapprove the proposed use of funding,
and make explicit for each of the budget items in paragraph (2) of
subdivision (a) the purposes for which the funds will be used.
(B) Certify that a sufficient amount of funding has been provided
pursuant to paragraph (1) of subdivision (g).
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15,
2014 2016 .
(d) For the 2008-09 fiscal year to the 2012-13
2014-15 fiscal year, inclusive, local educational agencies
that use the flexibility provision of this section shall be deemed
to be in compliance with the program and funding requirements
contained in statutory, regulatory, and provisional language,
associated with the items enumerated in subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001 of Section 2.00
of the annual Budget Act , the amount authorized for
flexibility shall exclude the funding provided for instruction of
CalWORKs-eligible students pursuant to Schedules (2) and (3) and
Provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local
educational agency shall be the materials adopted by the state board
for kindergarten and grades 1 to 8, inclusive, and for grades 9 to
12, inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119 and that all pupils
within the local educational agency who are enrolled in the same
course shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(3) For Item 6110-195-0001 of Section 2.00 of the annual
Budget Act , the item shall exclude moneys that are required to
fund awards for teachers that have previously met the requirements
necessary to obtain these awards, until the award is paid in full.
(4) For Item 6110-266-0001 of Section 2.00 of the annual
Budget Act , a county office of education shall conduct at
least one site visit to each of the required schoolsites pursuant to
Section 1240 and shall fulfill all of the duties set forth in
Sections 1240 and 44258.9.
(5) For Item 6110-198-0001 of Section 2.00 of the annual
Budget Act , a school district or county office of education
that operates the child care component of the Cal-SAFE program shall
comply with paragraphs (5) and (6) of subdivision (c) of Section
54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
(g) (1) Notwithstanding subdivision (d), commencing with the
2011-12 fiscal year, a local educational agency that receives funding
pursuant to this section shall allocate a sufficient amount of
funding received from the items listed in paragraph (2) for the
purposes provided for in those items. For purposes of this paragraph,
a "sufficient amount" means maintaining a sufficient level of
instruction services for each of the programs funded by the items
listed in paragraph (2), to the extent that the local educational
agency shall be able to reinstate full funding for the programs upon
the expiration of the funding flexibility authorized pursuant to this
section.
(2) This subdivision shall apply to Items 6110-104-0001,
6110-105-0001, 6110-156-0001, and 6110-204-0001 of Section 2.00 of
the annual Budget Act.
(3) The Legislature finds and declares both of the following:
(A) The funding flexibility authorized pursuant to this section is
for the purpose of assisting local educational agencies in
responding to the state's current fiscal emergency and is intended to
last only for the duration of the fiscal emergency.
(B) It is the intent of the Legislature that, after a local
educational agency makes the determination that a sufficient amount
of funding has been allocated pursuant to paragraph (1), the local
educational agency should ensure that there are an adequate number of
administrative and credentialed teaching staff to provide a baseline
level of core courses during the period that funding flexibility is
authorized pursuant to this section, so that there is sufficient
staffing to fully expand programmatic offerings upon the expiration
of the funding flexibility.
SECTION 1. SEC. 2. Section 52612 of
the Education Code is amended to read:
52612. (a) Except as specified in this section, the governing
board of the district maintaining the class may require an adult
enrolled in a class for adults to pay a fee for the class. A fee
charge shall not be made for a class designated by the governing
board as a class for which high school credit is granted when the
class is taken by a person who does not hold a high school diploma.
The total of the fees required and revenues derived from average
daily attendance shall not exceed the estimated cost of all such
classes maintained, including the reserves authorized by Section
52501.5.
(b) All textbooks and classroom materials furnished without charge
under this section may also be offered for sale at the school
bookstore.
SEC. 2. Section 52618 is added to the Education
Code, to read:
52618. (a) Notwithstanding Section 42605, and unless otherwise
prohibited by federal law, commencing with the 2011-12 fiscal year,
school districts receiving funding for adult education pursuant to
Item 6110-156-0001 of Section 2.00 of the annual Budget Act, which is
categorized as tier III maximum categorical in digest flexibility
funding pursuant to Section 42605, shall expend at least 65 percent
of that adult education funding on adult education programs in the
following manner:
(1) Sixty-five percent shall be reserved for offering classes and
courses to students in the following core areas, as specified in
paragraphs (2), (3), and (6) of Section 41976, and may be distributed
among the core areas based on local priorities and needs:
(A) Adult education programs in elementary and secondary basic
skills and other classes and courses required for the high school
diploma.
(B) Adult education programs in English as a second language.
(C) Adult short-term career technical education programs with
higher employment potential.
(2) Ten percent shall be reserved for providing career training
equipment or support services, including, but not limited to, career
counseling and other programs that lead to a student's acceptance to
a postsecondary educational institution. The Superintendent shall
apportion these funds based on the total amount of funds available
divided by the level of career technical education student enrollment
in each district, taking into consideration a district's achievement
of targeted and measurable student outcomes pursuant to subdivision
(b).
(3) Twenty-five percent shall be reserved for the receiving school
district to use in a flexible manner for adult education programs.
Funds allocated pursuant to this paragraph shall be prioritized based
on local community need. Adult education classes or courses funded
by this paragraph need not be restricted to the core areas specified
in paragraph (1), but a class or course offered that is not specified
in paragraph (1) shall have defined student outcomes.
(b) School districts are encouraged to work toward targeted and
measurable student outcomes for students taking adult education
classes, which should include, but not be limited to, all of the
following:
(1) Increasing the number of students earning a high school
diploma or General Educational Development (GED) equivalent.
(2) Increasing the number of students who matriculate to community
colleges, the California State University, the University of
California, private postsecondary educational institutions, or
vocational programs.
(3) Increasing the number of students who are employable or are
able to get a promotion.
(4) Increasing opportunities for an adult school to work with
workforce investment boards and local employers to achieve improved
job placement for students.
(5) Increasing the number of students who are able to access a
naturalization and citizenship program.
(6) Creating opportunities for students to qualify for military
service.
(c) Consistent with subdivision (d) of Section 42605, and except
as provided for in paragraph (1) of subdivision (a), a school
district that receives funding pursuant to this section shall be
deemed to be in compliance with all applicable adult education
program and funding requirements contained in statutory, regulatory,
and provisional language.
(d) Notwithstanding Section 42605, school districts that choose
not to offer or continue adult education programs shall notify the
State Department of Education on or before March 15th of each
applicable year and shall forfeit the 65 percent of the district's
tier III maximum categorical flexibility funding that is required to
be used for adult education programs pursuant to subdivision (a). The
department shall appropriate the forfeited funding through a request
for proposal process to school districts that offer adult education
programs. Funds apportioned under this subdivision shall only be used
for adult education programs.
(e) (1) It is the intent of the Legislature that, commencing with
the 2011-12 fiscal year, school districts and county offices of
education shall report adult education attendance by utilizing the
Standardized Account Code Structure reporting process in effect prior
to July 28, 2009.
(2) It is the intent of the Legislature that the department shall
develop a tracking system, and develop and implement a data
collection system, to assess outcomes of adult education programs as
outlined in subdivision (b).
(f) For each fiscal year that tier III maximum categorical
flexibility funding is provided beyond the 2012-13 fiscal year,
school districts shall expend an additional 5 percent above the 65
percent required by subdivision (a) on adult education programs.
(g) The department shall submit an annual report to the
Legislature that summarizes both of the following:
(1) The core adult education classes and courses offered pursuant
to paragraph (1) of subdivision (a) and the number of students served
by those classes and courses.
(2) The growth in career technical education programs that have
been expanded or started in adult schools.