Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate April 24, 2013

Amended in Senate April 8, 2013

Senate BillNo. 173


Introduced by Senator Liu

February 5, 2013


An act to amendbegin insert, repeal, and addend insert Sections 41976 and 84757 of, and to add Sectionsbegin delete 33315 and 76382 end deletebegin insert 52524, 76382, and 78402end insert 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 billbegin insert, commencing on July 1, 2015,end insert 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 billbegin insert, commencing on July 1, 2015,end insert 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 authorize the governing board of a community college district to charge a fee for adult education courses, other than classes in English and citizenship, 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,begin delete 2014end deletebegin insert 2015end 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 delete
P3    1

SECTION 1.  

Section 33315 is added to the Education Code, to
2read:

3

33315.  

(a) The department, in conjunction with the
4chancellor’s office, shall coordinate and issue assessment policy
5guidelines regarding assessments to be used by school districts
6and community college districts for purposes of placement in adult
7education courses offered pursuant to Sections 41976 and 84757.

8(b) The department and the chancellor’s office shall jointly
9establish and implement a comprehensive performance
10accountability system for adult education courses offered pursuant
11to Sections 41976 and 84757. The department and the chancellor’s
12office shall develop guidelines and procedures for all adult
13education funded providers for assessment, evaluation, and data
14collection to document participant outcomes and placement, and
15other performance measures they deem appropriate. Performance
16measures may include receipt of a secondary school diploma or
17its recognized equivalent, placement in a postsecondary educational
18institution, training, and employment. To the extent possible, these
19performance measures shall be consistent with those required and
20implemented pursuant to the federal Workforce Investment Act
21of 1998, Title II, Adult Education and Family Literacy Act (Public
22Law 105-220). All funded programs shall be required to annually
23submit demographic and other student-level outcome information.

24(c) As used in this section:

25(1) “Chancellor’s office” means the Office of the Chancellor
26of the California Community Colleges.

27(2) “Department” means the State Department of Education.

end delete
28

begin deleteSEC. 2.end delete
29begin insertSECTION 1.end insert  

Section 41976 of the Education Code is amended
30to read:

31

41976.  

(a) For purposes of this chapter, the following classes
32and courses are authorized to be offered by school districts and
33county superintendents of schools for apportionment purposes
34from the adult education fund:

35(1) Elementary and secondary basic skills and other courses and
36classes required for the high school diploma. Apportionments for
37these courses and classes may only be generated by students who
38do not possess a high school diploma or high school equivalency
39certification, except for remedial academic courses or classes in
40reading, mathematics, and language arts.

P4    1(2) English as a second language.

2(3) Classes and courses for immigrants eligible for educational
3services in citizenship, English as a second language, and
4workforce preparation classes in the basic skills of speaking,
5listening, reading, writing, mathematics, decisionmaking and
6problem solving skills, and other classes required for preparation
7to participate in job specific technical training.

8(4) Education programs for adults with disabilities.

9(5) Short-term career technical education programs with high
10employment potential.

11(6) Programs for apprentices.

12(b) State apportionment shall not be made for any course or
13class that is not set forth in subdivision (a).

begin insert

14(c) This section shall become inoperative on July 1, 2015, and,
15as of January 1, 2016, is repealed, unless a later enacted statute,
16that becomes operative on or before January 1, 2016, deletes or
17extends the dates on which it becomes inoperative and is repealed.

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 41976 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
19

begin insert41976.end insert  

(a) For purposes of this chapter, the following classes
20and courses are authorized to be offered by school districts and
21county superintendents of schools for apportionment purposes
22from the adult education fund:

23(1) Elementary and secondary basic skills and other courses
24and classes required for the high school diploma. Apportionments
25for these courses and classes may only be generated by students
26who do not possess a high school diploma or high school
27equivalency certification, except for remedial academic courses
28or classes in reading, mathematics, and language arts.

29(2) English as a second language.

30(3) Classes and courses for immigrants eligible for educational
31services in citizenship, English as a second language, and
32workforce preparation classes in the basic skills of speaking,
33listening, reading, writing, mathematics, decisionmaking and
34problem solving skills, and other classes required for preparation
35to participate in job specific technical training.

36(4) Education programs for adults with disabilities.

37(5) Short-term career technical education programs with high
38employment potential.

39(6) Programs for apprentices.

P5    1(b) State apportionment shall not be made for any course or
2class that is not set forth in subdivision (a).

3(c) This section shall become operative on July 1, 2015.

end insert
4begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 52524 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
5

begin insert52524.end insert  

(a) The department, in conjunction with the
6chancellor’s office, shall coordinate and issue assessment policy
7guidelines regarding assessments to be used by school districts
8and community college districts for purposes of placement in adult
9education courses offered pursuant to Sections 41976 and 84757.

10(b) The department and the chancellor’s office shall jointly
11establish and implement a comprehensive performance
12accountability system for adult education courses offered pursuant
13to Sections 41976 and 84757. The department and the chancellor’s
14office shall develop guidelines and procedures for all adult
15education-funded providers for assessment, evaluation, and data
16collection to document participant outcomes and placement, and
17other performance measures they deem appropriate. Performance
18measures may include receipt of a secondary school diploma or
19its recognized equivalent, placement in a postsecondary
20educational institution, training, and employment. To the extent
21possible, these performance measures shall be consistent with
22those required and implemented pursuant to the federal Workforce
23Investment Act of 1998, Title II, Adult Education and Family
24Literacy Act (Public Law 105-220). All funded programs shall be
25required to annually submit demographic and other student-level
26outcome information to the department or the chancellor’s office,
27as appropriate.

28(c) As used in this section, “chancellor’s office” means the
29Office of the Chancellor of the California Community Colleges.

end insert
30

begin deleteSEC. 3.end delete
31begin insertSEC. 4.end insert  

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

32

76382.  

In order to ensure that community college districts have
33the capacity to meet the demand for adult education courses for
34recent immigrants, the governing board of a community college
35district may charge a fee, pursuant to regulations adopted by the
36board of governors and consistent with subdivision (a) of Section
3752612 and Section 76380, for classes it offers pursuant to Section
3884757, other than classes in English and citizenship. Any
39community college district that chooses to charge a fee under this
40section shall report the amount of the fee, the number of classes,
P6    1and enrollment in those classes to the Office of the Chancellor of
2the California Community Colleges. The chancellor’s office shall
3make the information reported under this section available to the
4Legislative Analyst’s Office. The Legislative Analyst’s Office
5shall provide a summary and analysis of the reported information
6to the Assembly Committee on Budget,begin delete the Assembly Committee
7on Education,end delete
the Assembly Committee on Higher Education, the
8Senate Committee on Budget and Fiscal Review, and the Senate
9Committee on Education by January 1, 2016.

10begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 78402 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert78402.end insert  

(a) The chancellor’s office, in conjunction with the
12department, shall coordinate and issue assessment policy
13guidelines regarding assessments to be used by school districts
14and community college districts for purposes of placement in adult
15education courses offered pursuant to Sections 41976 and 84757.

16(b) The department and the chancellor’s office shall jointly
17establish and implement a comprehensive performance
18accountability system for adult education courses offered pursuant
19to Sections 41976 and 84757. The department and the chancellor’s
20office shall develop guidelines and procedures for all adult
21education-funded providers for assessment, evaluation, and data
22collection to document participant outcomes and placement, and
23other performance measures they deem appropriate. Performance
24measures may include receipt of a secondary school diploma or
25its recognized equivalent, placement in a postsecondary
26educational institution, training, and employment. To the extent
27possible, these performance measures shall be consistent with
28those required and implemented pursuant to the federal Workforce
29Investment Act of 1998, Title II, Adult Education and Family
30Literacy Act (Public Law 105-220). All funded programs shall be
31required to annually submit demographic and other student-level
32outcome information to the department or the chancellor’s office,
33as appropriate.

34(c) As used in this section, “department” means the State
35Department of Education.

end insert
36

begin deleteSEC. 4.end delete
37begin insertSEC. 6.end insert  

Section 84757 of the Education Code is amended to
38read:

39

84757.  

(a) For purposes of this chapter, the following noncredit
40adult education courses and classes shall be eligible for funding:

P7    1(1) Elementary and secondary basic skills and other courses and
2classes such as remedial academic courses or classes in reading,
3mathematics, and language arts.

4(2) English as a second language.

5(3) Classes and courses for immigrants eligible for educational
6services in citizenship, English as a second language, and work
7force preparation classes in the basic skills of speaking, listening,
8reading, writing, mathematics, decisionmaking and problem solving
9skills, and other classes required for preparation to participate in
10job-specific technical training.

11(4) Education programs for persons with substantial disabilities.

12(5) Short-term vocational programs with high employment
13potential.

14(b) State apportionment shall not be made for any course or
15class that is not set forth in subdivision (a) and for which no credit
16is given.

begin insert

17(c) This section shall become inoperative on July 1, 2015, and,
18as of January 1, 2016, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2016, deletes or
20extends the dates on which it becomes inoperative and is repealed.

end insert
21begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 84757 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
22

begin insert84757.end insert  

(a) For purposes of this chapter, the following
23noncredit adult education courses and classes shall be eligible for
24funding:

25(1) Elementary and secondary basic skills and other courses
26and classes such as remedial academic courses or classes in
27reading, mathematics, and language arts.

28(2) English as a second language.

29(3) Classes and courses for immigrants eligible for educational
30services in citizenship, English as a second language, and work
31force preparation classes in the basic skills of speaking, listening,
32reading, writing, mathematics, decisionmaking and problem
33solving skills, and other classes required for preparation to
34participate in job-specific technical training.

35(4) Education programs for persons with substantial disabilities.

36(5) Short-term vocational programs with high employment
37potential.

38(b) State apportionment shall not be made for any course or
39class that is not set forth in subdivision (a) and for which no credit
40is given.

P8    1(c) This section shall become operative on July 1, 2015.

end insert
2

begin deleteSEC. 5.end delete
3begin insertSEC. 8.end insert  

The Commission on Teacher Credentialing and the
4Academic Senate for California Community Colleges shall meet
5to review their current requirements for noncredit adult education
6and adult education instructors, and shall develop and submit
7recommendations to the appropriate policy and fiscal committees
8of the Legislature for modifying or establishing reciprocity
9standards for instructors of adult education courses by July 1,begin delete 2014end delete
10begin insert 2015end insert.

begin delete
11

SEC. 6.  

It is the intent of the Legislature that:

12(a) Nothing in the act that adds this section be construed to limit

end delete
13begin insert

begin insertSEC. 9.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertIt is the intent of the Legislature that nothing in
14the act that adds this section be end insert
begin insertconstrued to limit end insert the authority
15of school districts and community college districts to offer adult
16education programs and courses other than those listed in Sections
1741976 and 84757 of the Education Code, provided that those
18programs or courses are funded through alternative funding sources,
19including fees, if the district is authorized to charge fees.

20(b) begin deleteBeginning in the 2015-16 fiscal year, end deletebegin insertIt is the further intent
21of the Legislature to evaluate the performance accountability
22system established pursuant to Sections 52524 and 78402 of the
23Education Code and to consider allocating end insert
base adult education
24funds and noncredit adult education fundsbegin delete shall be allocatedend delete to
25providers on the basis of a combination of enrollment and
26performance in courses offered pursuant to Sections 41976 and
2784757 of the Education Code.



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