BILL NUMBER: AB 515 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 15, 2011
An act to add and repeal Section 78302 to
of the Education Code, relating to community
colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 515, as amended, Brownley. Public postsecondary education:
community colleges: extension program.
Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges. The governing board of any community college
district is authorized, without approval of the board of trustees, to
establish and maintain community service classes in civic,
vocational, literacy, health, homemaking, technical, and general
education, as specified.
This bill would authorize the governing board of any community
college district, without approval of the board of governors, to
establish and maintain an extension program offering credit courses
, as specified .
The bill would specify that the courses be required to be
self-supporting, open to the public, and developed in conformance
with specified statutory and regulatory guidelines. General Fund
moneys would not be expended to establish or maintain the courses,
nor would an extension program course be allowed to supplant
regularly funded courses. Extension courses would not be allowed to
reduce state-funded courses relating to basic skills. This bill would
require district boards to annually certify compliance with these
requirements, as specified.
This bill would allow community college districts to charge
students for the actual costs of the courses, as defined. Each
participating district would be required to collect and keep records
relating to the extension program and submit them to the chancellor's
office by October 1 of each year. This information would, in turn,
be submitted by the chancellor to the Legislative Analyst by November
1 of each year. The bill would require the Legislative Analyst to
submit a written report to the Legislature by November 1, 2015,
summarizing the information provided by the chancellor, assessing
compliance of the program with the Legislature's intent, and
suggesting any needed statutory improvements.
The bill would make the requirement for a report to the
Legislature inoperative on January 1, 2019. This act would remain in
effect only until January 1, 2019, unless that date is deleted or
extended.
The bill would state the intent of the Legislature in enacting
this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 78302 is added to the Education Code, to read:
78302. (a) In enacting this section, it is the intent of the
Legislature to provide local communities additional flexibility to
meet community needs in areas such as advanced technology and
workforce development; to provide members of the public access to
credit programs offered under contracted arrangements with other
agencies and companies; to address existing limitations in access to
extension programs due to geographical distance or time of travel; to
augment use of local community college facilities authorized by
community investments in local elections subsequent to the passage of
Proposition 39 in 2001; and to provide other benefits, both tangible
and intangible.
(b)
78302. (a) The governing board
of any community college district may, without the approval of the
Board of Governors of the California Community Colleges, establish
and maintain an extension program offering credit courses.
(c) Governing boards shall not expend General Fund moneys to
establish and maintain extension classes.
(d) Governing boards may charge students enrolled in extension
classes such fees as they deem appropriate.
(e) Degree credit courses offered as extension courses shall meet
all the requirements in subdivision (a) of Section 55002 of Title 5
of the California Code of Regulations.
(b) An extension program offering credit courses established under
this section shall have the following characteristics:
(1) The program shall be self-supporting, and all costs associated
with the program must be recovered.
(2) Program enrollment shall be open to the public.
(3) The program shall be developed in conformance with the
Education Code and Title 5 of the California Code of Regulations
governing community college credit courses.
(4) The program shall be subject to district collective bargaining
agreements.
(c) Governing boards shall not expend General Fund moneys to
establish and maintain extension courses.
(d) Extension credit courses shall not supplant courses funded
with state apportionment. Districts shall not reduce state-funded
course sections needed by students to achieve basic skills, workforce
training, or transfer goals, with the intent of reestablishing those
course sections as part of the extension program. District boards of
trustees shall annually certify compliance with this subdivision by
board action taken at a regular session of the district governing
board.
(e) Governing boards may charge students enrolled in extension
courses a fee not to exceed the cost of maintaining extension
courses. Actual costs shall include the actual cost of instruction,
the cost of necessary equipment and supplies, student services and
institutional support costs, and other costs of the district used in
calculating the costs of education for nonresident students.
(f) Degree credit courses offered as extension courses shall meet
all the requirements in subdivision (a) of Section 55002 of Title 5
of the California Code of Regulations.
(g) (1) Each community college district maintaining an extension
program offering credit courses under this section shall collect and
keep records that measure student participation, student
demographics, and student outcomes in a manner consistent with
measures collected by districts in regular credit programs supported
through state apportionment, including an analysis of program
effects, if any, on district workload and district financial status.
Districts shall submit this information to the Chancellor's office by
October 1 of each year. For districts operating more than one
college, the evaluation shall be for each participating college.
(2) The chancellor shall submit all district information provided
pursuant to paragraph (1) to the Legislative Analyst by November 1 of
each year. By January 1, 2015, the Legislative Analyst shall submit
to the Legislature a written report that includes a summary of the
information provided pursuant to subdivision (g), an assessment of
the extent to which community college extension programs are operated
in a manner consistent with legislative intent, and suggestions to
the Legislature for needed statutory improvements.
(h) The requirement for submitting a report imposed under
paragraph (2) of subdivision (g) is inoperative on January 1, 2019,
pursuant to Section 10231.5 of the Government Code.
(i) A report submitted pursuant to subdivision (g) shall be
submitted in compliance with Section 9795 of the Government Code.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.