Amended in Senate April 8, 2013

Senate Bill No. 173

Introduced by Senator Liu

February 5, 2013

An act to amend Sections 41976 and 84757 of begin insert , and to add Sections 33315 and 76382 to, end insert the Education Code, relating to education funding.

LEGISLATIVE COUNSEL’S DIGEST

SB 173, as amended, Liu. Education funding: adult health and safety education.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, to execute numerous statutes and policies relating to the funding and governance of public elementary and secondary schools throughout the state. Existing end insert law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. begin delete Existing end delete

begin insert

This bill would require the department, in conjunction with the Office of the Chancellor of the California Community Colleges, to coordinate and issue assessment policy guidelines regarding assessments to be used by school districts and community college districts for purposes of placement in adult education courses offered by those districts. The bill would also require the department and the chancellor’s office to jointly establish and implement a comprehensive performance accountability system for adult education courses offered by school districts and community college districts in accordance with prescribed requirements.

end insert

begin insert (2) end insert begin insert   end insert begin insert Existing end insert law authorizes specified classes and courses to be offered by school districts and county begin delete superintendent end delete begin insert superintendents end insert of schools for begin delete apportionment end delete purposes begin insert of apportionments end insert from the adult education fund begin delete , including, but not limited to, classes and courses for adult programs in health and safety education end delete .

This bill would begin delete remove end delete begin insert delete end insert the begin insert existing end insert authorization for adult programs in begin insert parenting, home economics, and end insert health and safety education begin insert , and adult programs for older adults, end insert to begin delete be offered for apportionment purposes end delete begin insert receive apportionments end insert from the adult education fund.

begin delete

Existing

end delete

begin insert (3) end insert begin insert   end insert begin insert Existing end insert law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires specified noncredit community college courses and classes to be eligible for program-based funding from the state begin delete , including, but not limited to, health and safety education courses and classes end delete . begin insert Existing law requires community college districts to charge students a designated enrollment fee, and authorizes community college districts to charge students specified fees relating to, among other things, health services, parking, transportation, student body center buildings and operations, and physical education courses requiring the use of nondistrict facilities. Existing law also prohibits an adult enrolled in a noncredit course from being req end insert begin insert uired to pay a fee of any kind for a class in English and citizenship for foreigners. end insert

This bill would begin delete remove end delete begin insert delete the authorization for end insert noncredit community college begin insert parenting, older adults, home economics, and end insert health and safety education courses and begin delete classes’ eligibility for end delete begin insert classes to receive end insert program-based funding from the state. begin insert This bill would, notwithstanding the prohibition of the fee for classes in English and citizenship for foreigners, authorize the governing board of a community college district to charge a fee for adult education courses, including classes in English and citizenship, until July 1, 2015, in accordance with specified regulations and procedures. end insert

begin insert

(4) The bill would require the Commission on Teacher Credentialing and the Academic Senate for California Community Colleges to jointly develop and submit recommendations to the appropriate policy and fiscal committees of the Legislature for modifying or establishing reciprocity standards for instructors of adult education courses by July 1, 2014.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

Section 33315 is added to the Education Code,
to read:

begin insert 33315. end insert   

(a) The department, in conjunction with the
chancellor’s office, shall coordinate and issue assessment policy
guidelines regarding assessments to be used by school districts
and community college districts for purposes of placement in adult
education courses offered pursuant to Sections 41976 and 84757.

(b) The department and the chancellor’s office shall jointly
establish and implement a comprehensive performance
accountability system for adult education courses offered pursuant
to Sections 41976 and 84757. The department and the chancellor’s
office shall develop guidelines and procedures for all adult
education funded providers for assessment, evaluation, and data
collection to document participant outcomes and placement, and
other performance measures they deem appropriate. Performance
measures may include receipt of a secondary school diploma or
its recognized equivalent, placement in a postsecondary
educational institution, training, and employment. To the extent
possible, these performance measures shall be consistent with
those required and implemented pursuant to the federal Workforce
Investment Act of 1998, Title II, Adult Education and Literacy Act
(Public Law 105-220). All funded programs shall be required to
annually submit demographic and other student-level outcome
information.

(c) As used in this section:

(1) “Chancellor’s office” means the Office of the Chancellor
of the California Community Colleges.

(2) “Department” means the State Department of Education.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 41976 of the Education Code is amended to
read:

41976.  

(a) For purposes of this chapter, the following classes
and courses are authorized to be offered by school districts and
county superintendents of schools for apportionment purposes
from the adult education fund:

begin delete

(1) Adult programs in parenting, including parent cooperative
preschools, and classes in child growth and development,
parent-child relationships, and parenting.

end delete begin delete

(2) Adult programs in elementary

end delete

begin insert (1) end insert begin insert   end insert begin insert Elementary end insert and secondary basic skills and other courses and
classes required for the high school diploma. Apportionments for
these courses and classes may only be generated by students who
do not possess a high school diploma, except for remedial academic
courses or classes in reading, mathematics, and language arts.

begin delete

(3) Adult education programs in

end delete

begin insert (2) end insert begin insert   end insert English as a second language.

begin delete

(4) Adult education programs

end delete

begin insert (3) end insert begin insert   end insert begin insert Classes and courses end insert for immigrants eligible for educational
services in citizenship, English as a second language, and
workforce preparation classes in the basic skills of speaking,
listening, reading, writing, mathematics, decisionmaking and
problem solving skills, and other classes required for preparation
to participate in job specific technical training.

begin delete

(5) Adult education

end delete

begin insert (4) end insert begin insert   end insert begin insert Education end insert programs for adults with disabilities.

begin delete

(6) Adult short-term

end delete

begin insert (5) end insert begin insert   end insert begin insert Short-term end insert career technical education programs with high
employment potential. begin delete Any reference to “vocational” education
or programs in adult education means “career technical” education
or programs in adult education. end delete

begin delete

(7) Adult programs for older adults.

end delete begin delete

(8) Adult education programs

end delete

begin insert (6) end insert begin insert   end insert begin insert Programs end insert for apprentices.

begin delete

(9) Adult programs in home economics.

end delete

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a).

begin insert

begin insert SEC. 3. end insert   

Section 76382 is added to the Education Code, to read:

begin insert 76382. end insert   

Notwithstanding Section 76380, the governing board
of a community college district may charge a fee, pursuant to
regulations adopted by the board of governors, for classes it offers
pursuant to Section 84757, including, but not necessarily limited
to, classes in English and citizenship, until July 1, 2015. Any
community college district that chooses to charge a fee under this
section shall report the amount of the fee, the number of classes,
and enrollment in those classes to the Chancellor’s Office of the
California Community Colleges. The chancellor’s office shall
make the information reported under this section available to the
Legislative Analyst’s Office. The Legislative Analyst’s Office shall
provide a summary and analysis of the reported information to
the appropriate fiscal and policy committees of the Legislature by
January 1, 2016.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 84757 of the Education Code is amended to
read:

84757.  

(a) For purposes of this chapter, the following noncredit
begin insert adult education end insert courses and classes shall be eligible for funding:

begin delete

(1) Parenting, including parent cooperative preschools, and
classes in child growth and development and parent-child
relationships.

end delete begin delete

(2)

end delete

begin insert ( end insert begin insert 1) end insert  Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  English as a second language.

begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work
force preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  Education programs for persons with substantial disabilities.

begin delete

(6)

end delete

begin insert ( end insert begin insert 5) end insert  Short-term vocational programs with high employment
potential.

begin delete

(7) Education programs for older adults.

end delete begin delete

(8) Education programs for home economics.

end delete

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a) and for which no credit
is given.

begin insert

begin insert SEC. 5. end insert   

The Commission on Teacher Credentialing and the
Academic Senate for California Community Colleges shall meet
to review their current requirements for noncredit adult education
and adult education instructors, and shall develop and submit
recommendations to the appropriate policy and fiscal committees
of the Legislature for modifying or establishing reciprocity
standards for instructors of adult education courses by July 1,
2014.

end insert

begin insert

begin insert SEC. 6. end insert   

It is the intent of the Legislature that, beginning in the
2015 -16 fiscal year, base adult education funds and noncredit
adult education funds shall be allocated to providers on the basis
of a combination of enrollment and performance in courses offered
pursuant to Sections 41976 and 84757 of the Education Code.

end insert