Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 777


Introduced by Assembly Member Muratsuchi

February 21, 2013


An act to amend Sectionbegin delete 72670end deletebegin insert 52517end insert ofbegin insert, and to add Sections 52612.5, 52613.5, and 52613.6 to,end insert the Education Code, relating to begin deletecommunity collegesend deletebegin insert adult educationend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 777, as amended, Muratsuchi. begin deleteCommunity colleges: governing boards: auxiliary organizations. end deletebegin insertAdult education: feesend insertbegin insert.end insert

Existing lawbegin delete authorizes the governing board of community college district to establish auxiliary organizations, as defined, for the purpose of providing supportive services and specialized programs for the benefit of its college or colleges.end deletebegin insert 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, after July 1, 2015, from imposing a charge for a class in English and citizenship for foreigners or a class in an elementary subject. end insertbegin insertExisting law requires each governing board of a school district to charge a nonimmigrant alien a fee to cover the full costs of instruction for maintaining certain classes for adults.end insert

This bill wouldbegin delete make nonsubstantive changes to these provisionsend deletebegin insert provide for the reenactment of that authorization and those requirements, with nonsubstantive changes, if those existing provisions are repealed on or before January 1, 2014end insert.begin insert The bill would require the State Department of Education to identify, and recommend to the Legislature, a dedicated funding stream for supporting adult education, regional occupation centers, and career technical education programs.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insert The Legislature finds and declares all of the
2following:end insert

begin insert

3(a) To support local efforts for workforce development and
4prepare Californians for the new economy, adult education should
5be fully funded.

end insert
begin insert

6(b) Regional occupation centers and career technical education
7programs address the shortage of highly qualified, skilled, and
8diverse workers in the workforce, prepare California’s youth and
9adults to be successful contributors to that workforce, and add to
10the economic well-being of California.

end insert
begin insert

11(c) A dedicated funding stream should be identified for district
12 regional occupation centers, joint powers authorities that operate
13regional occupation centers, and adult education programs.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 52517 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
15read:end insert

16

52517.  

begin deleteNo end deletebegin insert(a)end insertbegin insertend insertbegin insertA end inserthigh school or unified school district shall
17begin insert notend insert report for state apportionments average daily attendance in
18classesbegin delete (1) if theend deletebegin insert under either of the following end insertbegin insertconditionsend insert:

19begin insert(1)end insertbegin insertIf theend insert district receives full compensation forbegin delete suchend deletebegin insert theend insert class
20from any public or private agency, individualbegin insert,end insert or group of
21individuals, except fees authorized by Sectionbegin delete 52612; or (2) if such
22classesend delete
begin insert 52612.5.end insert

23begin insert(2)end insertbegin insertThe classesend insert are not located in facilities clearly identified in
24begin delete suchend delete a manner, and established by appropriate procedures, to insure
25that attendance inbegin delete suchend deletebegin insert thoseend insert classes is open to the general public,
26except those authorized pursuant to Section 52570 and those in
27state hospitals.begin delete Theend delete

28begin insert(b)end insertbegin insertend insertbegin insertThe end insertState Board of Education may adoptbegin delete suchend delete regulations
29as may be necessary to enforce this section.

30begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 52612.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
31read:end insert

begin insert
P3    1

begin insert52612.5.end insert  

(a) (1) Except as specified in this section, the
2governing board of a school district maintaining a class for adults
3may require an adult enrolled in the class to pay a fee for the class.

4(2) Except as specified in Section 52613.5, the governing board
5of a school district shall not impose a charge of any kind for a
6class in English and citizenship or a class in an elementary subject.

7(3) A fee shall not be charged for a class designated by the
8governing board as a class for which high school credit is granted
9if the class is taken by a person who does not hold a high school
10diploma.

11(4) The total of the fees required and revenues derived from
12average daily attendance for classes for adults shall not exceed
13the estimated cost of all those classes maintained under this
14section, including any funds whose expenditure is subject to Section
1552501.5.

16(b) A textbook, or any other type of instructional material, that
17is furnished without charge for a course in which some students
18are required pursuant to this section to pay fees may also be offered
19for sale at the school bookstore.

20(c) Notwithstanding subdivision (a), the governing board of a
21school district may charge a fee for a class in English and
22citizenship until July 1, 2015.

end insert
23begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 52613.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
24read:end insert

begin insert
25

begin insert52613.5.end insert  

(a) Notwithstanding any other provision of law, the
26governing board of a school district maintaining classes for adults
27that issues a Certificate of Eligibility for Nonimmigrant (F-1)
28Student Status - For Academic and Language Students, Form
29I-20AB, or completes Form I-20AB for a nonimmigrant alien, as
30defined in Section 1101(a)(15)(F)(i) of Title 8 of the United States
31Code, for the purposes of enrolling the nonimmigrant alien in a
32class in English and citizenship for foreigners or a class in an
33elementary subject, shall charge the nonimmigrant alien a fee to
34cover the full costs of instruction, but the fee shall not exceed the
35actual cost of the instruction. The fee shall be adopted at a regular
36meeting of the governing board of each of these school districts
37maintaining classes for adults at least 90 days prior to the
38commencement of the classes for which the fee is charged.

39(b) A district maintaining classes for adults shall not include
40the attendance of F-1 visa students enrolled in a class in English
P4    1and citizenship for foreigners or in a class in elementary subjects
2for apportionment purposes.

end insert
3begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 52613.6 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert52613.6.end insert  

The department shall identify, and recommend to the
6Legislature, a dedicated funding stream for supporting adult
7education, regional occupation centers, and career technical
8education programs.

end insert
9begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

This act shall become operative only if Sections 52612
10and 52613 of the Education Code are repealed on or before
11January 1, 2014.

end insert
begin delete
12

SECTION 1.  

Section 72670 of the Education Code is amended
13to read:

14

72670.  

The governing board of a community college district
15may establish auxiliary organizations for the purpose of providing
16supportive services and specialized programs for the general benefit
17of its college or colleges. As used in this article, “auxiliary
18organization” may include, but is not limited to, the following
19entities:

20(a) Any entity in which any official of a community college
21district participates as a director as part of his or her official
22position.

23(b) Any entity formed or operating pursuant to Article 4
24(commencing with Section 76060) of Chapter 1 of Part 47.

25(c) Any entity that operates a commercial service for the benefit
26of a community college or district on a campus or other property
27of the district.

28(d) Any entity whose governing instrument provides in substance
29both of the following:

30(1) Its purpose is to promote or assist a community college or
31district, or to receive gifts, property and funds to be used for the
32benefit of the community college or district or any person or
33organization having an official relationship therewith.

34(2) Any of its directors, governors, or trustees are either
35appointed or nominated by, or subject to, the approval of the
36governing board of the district, an official of the district, or
37selected, ex officio, from the membership of the student body or
38the faculty or the governing board or the administrative staff of
39the district.

P5    1(e) Any entity that is designated as an auxiliary organization by
2the district governing board.

end delete


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