Amended in Senate May 28, 2013

Amended in Senate April 24, 2013

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, and to add Sections 33315 and 76382 to, the Education Code, relating to education funding.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) 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 law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified.

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.

(2) Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for purposes of apportionments from the adult education fund.

This bill would delete the existing authorization for adult programs in parenting, home economics, and health and safety education, and adult programs for older adults, to receive apportionments from the adult education fund.

(3) Existing 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. 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 required to pay a fee of any kind for a class in English and citizenship for foreigners.

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

(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 specified policy and fiscal committees of the Legislature for modifying or establishing reciprocity standards for instructors of adult education courses by July 1, 2014.

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

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

SECTION 1.  

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

33315.  

(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 begin insert Family end insert 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.

SEC. 2.  

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:

(1) Elementary 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 or high school equivalency
certification, except for remedial academic courses or classes in
reading, mathematics, and language arts.

(2) English as a second language.

(3) Classes and courses 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.

(4) Education programs for adults with disabilities.

(5) Short-term career technical education programs with high
employment potential.

(6) Programs for apprentices.

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

SEC. 3.  

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

76382.  

begin delete Notwithstanding Section 76380, in end delete begin insert In end insert order to ensure
that community college districts have the capacity to meet the
demand for adult education courses for recent immigrants, the
governing board of a community college district may charge a fee,
pursuant to regulations adopted by the board of governors and
consistent with begin insert subdivision (a) of end insert Section 52612 begin insert and Section 76380 end insert ,
for classes it offers pursuant to Section 84757, begin delete including, but not
necessarily limited to, end delete begin insert other than end insert classes in English and citizenship begin delete ,
until July 1, 2015 end delete . 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
begin delete chancellor’s office end delete begin insert Office of the Chancellor end insert 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
Assembly Committee on Budget, the Assembly Committee on
Education, the Assembly Committee on Higher Education, the
Senate Committee on Budget and Fiscal Review, and the Senate
Committee on Education by January 1, 2016.

SEC. 4.  

Section 84757 of the Education Code is amended to
read:

84757.  

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

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

(2) English as a second language.

(3) 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.

(4) Education programs for persons with substantial disabilities.

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

(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.

SEC. 5.  

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.

SEC. 6.  

It is the intent of the Legislature that:

(a) Nothing in the act that adds this section be construed to limit
the authority of school districts and community college districts
to offer adult education programs and courses other than those
listed in Sections 41976 and 84757 of the Education Code,
provided that those programs or courses are funded through
alternative funding sources, including fees, if the district is
authorized to charge fees.

(b) 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.