BILL NUMBER: AB 777 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 21, 2013
An act to amend Section 72670 52517
of , and to add Sections 52612.5, 52613.5, and 52613.6 to,
the Education Code, relating to community colleges
adult education .
LEGISLATIVE COUNSEL'S DIGEST
AB 777, as amended, Muratsuchi. Community colleges:
governing boards: auxiliary organizations. Adult
education: fees .
Existing law 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.
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. Existing 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.
This bill would make nonsubstantive changes to these
provisions provide for the reenactment of that
authorization and those requirements, with nonsubs tantive
changes, if those existing provisions are repealed on or before
January 1, 2014 . 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.
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. The Legislature finds and declares all
of the following:
(a) To support local efforts for workforce development and prepare
Californians for the new economy, adult education should be fully
funded.
(b) Regional occupation centers and career technical education
programs address the shortage of highly qualified, skilled, and
diverse workers in the workforce, prepare California's youth and
adults to be successful contributors to that workforce, and add to
the economic well-being of California.
(c) A dedicated funding stream should be identified for district
regional occupation centers, joint powers authorities that operate
regional occupation centers, and adult education programs.
SEC. 2. Section 52517 of the Education
Code is amended to read:
52517. No (a) A
high school or unified school district shall not
report for state apportionments average daily attendance in classes
(1) if the under either of the following
conditions :
(1) If the district receives full
compensation for such the class from
any public or private agency, individual , or group of
individuals, except fees authorized by Section 52612; or (2)
if such classes 52612.5.
(2) The classes are not located in
facilities clearly identified in such a manner,
and established by appropriate procedures, to insure that attendance
in such those classes is open to the
general public, except those authorized pursuant to Section 52570 and
those in state hospitals. The
(b) The State Board of Education
may adopt such regulations as may be necessary to
enforce this section.
SEC. 3. Section 52612.5 is added to the
Education Code , to read:
52612.5. (a) (1) Except as specified in this section, the
governing board of a school district maintaining a class for adults
may require an adult enrolled in the class to pay a fee for the
class.
(2) Except as specified in Section 52613.5, the governing board of
a school district shall not impose a charge of any kind for a class
in English and citizenship or a class in an elementary subject.
(3) A fee shall not be charged for a class designated by the
governing board as a class for which high school credit is granted if
the class is taken by a person who does not hold a high school
diploma.
(4) The total of the fees required and revenues derived from
average daily attendance for classes for adults shall not exceed the
estimated cost of all those classes maintained under this section,
including any funds whose expenditure is subject to Section 52501.5.
(b) A textbook, or any other type of instructional material, that
is furnished without charge for a course in which some students are
required pursuant to this section to pay fees may also be offered for
sale at the school bookstore.
(c) Notwithstanding subdivision (a), the governing board of a
school district may charge a fee for a class in English and
citizenship until July 1, 2015.
SEC. 4. Section 52613.5 is added to the
Education Code , to read:
52613.5. (a) Notwithstanding any other provision of law, the
governing board of a school district maintaining classes for adults
that issues a Certificate of Eligibility for Nonimmigrant (F-1)
Student Status - For Academic and Language Students, Form I-20AB, or
completes Form I-20AB for a nonimmigrant alien, as defined in Section
1101(a)(15)(F)(i) of Title 8 of the United States Code, for the
purposes of enrolling the nonimmigrant alien in a class in English
and citizenship for foreigners or a class in an elementary subject,
shall charge the nonimmigrant alien a fee to cover the full costs of
instruction, but the fee shall not exceed the actual cost of the
instruction. The fee shall be adopted at a regular meeting of the
governing board of each of these school districts maintaining classes
for adults at least 90 days prior to the commencement of the classes
for which the fee is charged.
(b) A district maintaining classes for adults shall not include
the attendance of F-1 visa students enrolled in a class in English
and citizenship for foreigners or in a class in elementary subjects
for apportionment purposes.
SEC. 5. Section 52613.6 is added to the
Education Code , to read:
52613.6. The department shall identify, and recommend to the
Legislature, a dedicated funding stream for supporting adult
education, regional occupation centers, and career technical
education programs.
SEC. 6. This act shall become operative only if
Sections 52612 and 52613 of the Education Code are repealed on or
before January 1, 2014.
SECTION 1. Section 72670 of the Education Code
is amended to read:
72670. The governing board of a community college district may
establish auxiliary organizations for the purpose of providing
supportive services and specialized programs for the general benefit
of its college or colleges. As used in this article, "auxiliary
organization" may include, but is not limited to, the following
entities:
(a) Any entity in which any official of a community college
district participates as a director as part of his or her official
position.
(b) Any entity formed or operating pursuant to Article 4
(commencing with Section 76060) of Chapter 1 of Part 47.
(c) Any entity that operates a commercial service for the benefit
of a community college or district on a campus or other property of
the district.
(d) Any entity whose governing instrument provides in substance
both of the following:
(1) Its purpose is to promote or assist a community college or
district, or to receive gifts, property and funds to be used for the
benefit of the community college or district or any person or
organization having an official relationship therewith.
(2) Any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the
governing board of the district, an official of the district, or
selected, ex officio, from the membership of the student body or the
faculty or the governing board or the administrative staff of the
district.
(e) Any entity that is designated as an auxiliary organization by
the district governing board.