Amended in Assembly August 8, 2013

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 amend, repeal, and add Sections 41976 and 84757 of, and to add Sections 52524, 76382, and 78402 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, commencing on July 1, 2015, 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.begin insert The bill would provide that it does not limit the authority of a school district to offer adult education programs and courses for older adults in health and safety education or programs in parenting, or both, provided that those programs or courses are funded through alternative funding sources, as defined, including fees, if the district is authorized to charge fees for these purposes.end insert

(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, commencing on July 1, 2015, 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.begin insert The bill would provide that it does not limit the authority of a community college district to offer adult education programs and courses for older adults in health and safety education or programs in parenting, or both, provided that those programs or courses are funded through alternative funding sources, as defined, including fees, if the district is authorized to charge fees for these purposes.end insert 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, 2015.

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

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

P3    1

SECTION 1.  

Section 41976 of the Education Code is amended
2to read:

3

41976.  

(a) For purposes of this chapter, the following classes
4and courses are authorized to be offered by school districts and
5county superintendents of schools for apportionment purposes
6from the adult education fund:

begin insert

7(1) Programs in parenting, including parent cooperative
8preschools, and classes in child growth and development and
9parent-child relationships.

end insert
begin delete

10(1)

end delete

11begin insert(2)end insert Elementary and secondary basic skills and other courses and
12classes required for the high school diploma. Apportionments for
13these courses and classes may only be generated by students who
14do not possess a high school diploma or high school equivalency
15certification, except for remedial academic courses or classes in
16reading, mathematics, and language arts.

begin delete

17(2)

end delete

18begin insert(3)end insert English as a second language.

begin delete

19(3)

end delete

20begin insert(4)end insert Classes and courses for immigrants eligible for educational
21services in citizenship, English as a second language, and
22workforce preparation classes in the basic skills of speaking,
23listening, reading, writing, mathematics, decisionmaking and
24problem solving skills, and other classes required for preparation
25to participate in job specific technical training.

begin delete

26(4)

end delete

P4    1begin insert(5)end insert Education programs for adults with disabilities.

begin delete

2(5)

end delete

3begin insert(6)end insert Short-term career technical education programs with high
4employment potential.

begin insert

5(7) Programs for older adults.

end insert
begin delete

6(6)

end delete

7begin insert(8)end insert Programs for apprentices.

begin insert

8(9) Programs in home economics.

end insert
begin insert

9(10) Programs in health and safety education.

end insert

10(b) State apportionment shall not be made for any course or
11class that is not set forth in subdivision (a).

12(c) This section shall become inoperative on July 1, 2015, and,
13as of January 1, 2016, is repealed, unless a later enacted statute,
14that becomes operative on or before January 1, 2016, deletes or
15extends the dates on which it becomes inoperative and is repealed.

16

SEC. 2.  

Section 41976 is added to the Education Code, to read:

17

41976.  

(a) For purposes of this chapter, the following classes
18and courses are authorized to be offered by school districts and
19county superintendents of schools for apportionment purposes
20from the adult education fund:

21(1) Elementary and secondary basic skills and other courses and
22classes required for the high school diploma. Apportionments for
23these courses and classes may only be generated by students who
24do not possess a high school diploma or high school equivalency
25certification, except for remedial academic courses or classes in
26reading, mathematics, and language arts.

27(2) English as a second language.

28(3) Classes and courses for immigrants eligible for educational
29services in citizenship, English as a second language, and
30workforce preparation classes in the basic skills of speaking,
31listening, reading, writing, mathematics, decisionmaking and
32problem solving skills, and other classes required for preparation
33to participate in job specific technical training.

34(4) Education programs for adults with disabilities.

35(5) Short-term career technical education programs with high
36employment potential.

37(6) Programs for apprentices.

38(b) State apportionment shall not be made for any course or
39class that is not set forth in subdivision (a).

begin insert

P5    1(c) This section does not limit the authority of a school district
2to offer adult education programs and courses for older adults in
3health and safety education or programs in parenting, or both,
4provided that those programs or courses are funded through
5alternative funding sources, including fees, if the school district
6is authorized to charge fees for these purposes.

end insert
begin insert

7(d)  As used in this section:

end insert
begin insert

8(1) “Alternative funding sources” include any sources of state
9or nonstate funding other than funding from a state apportionment
10as defined in paragraph (2).

end insert
begin insert

11(2) “State apportionment” includes funds received pursuant to
12Budget Act appropriations for adult education, but does not include
13funds received pursuant to Budget Act appropriations from other
14state or nonstate funding sources or the revenue limit
15apportionment made pursuant to Article 2 (commencing with
16Section 42238) of Chapter 7.

end insert
begin delete

17(c)

end delete

18begin insert(end insertbegin inserte)end insert This section shall become operative on July 1, 2015.

19

SEC. 3.  

Section 52524 is added to the Education Code, to read:

20

52524.  

(a) The department, in conjunction with the
21chancellor’s office, shall coordinate and issue assessment policy
22guidelines regarding assessments to be used by school districts
23and community college districts for purposes of placement in adult
24education courses offered pursuant to Sections 41976 and 84757.

25(b) The department and the chancellor’s office shall jointly
26establish and implement a comprehensive performance
27accountability system for adult education courses offered pursuant
28to Sections 41976 and 84757. The department and the chancellor’s
29office shall develop guidelines and procedures for all adult
30education-funded providers for assessment, evaluation, and data
31collection to document participant outcomes and placement, and
32other performance measures they deem appropriate. Performance
33measures may include receipt of a secondary school diploma or
34its recognized equivalent, placement in a postsecondary educational
35institution, training, and employment. To the extent possible, these
36performance measures shall be consistent with those required and
37implemented pursuant to the federal Workforce Investment Act
38of 1998, Title II, Adult Education and Family Literacy Act (Public
39Law 105-220). All funded programs shall be required to annually
P6    1submit demographic and other student-level outcome information
2to the department or the chancellor’s office, as appropriate.

3(c) As used in this section, “chancellor’s office” means the
4Office of the Chancellor of the California Community Colleges.

5

SEC. 4.  

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

6

76382.  

In order to ensure that community college districts have
7the capacity to meet the demand for adult education courses for
8recent immigrants, the governing board of a community college
9district may charge a fee, pursuant to regulations adopted by the
10board of governors and consistent with subdivision (a) of Section
1152612 and Section 76380, for classes it offers pursuant to Section
1284757, other than classes in English and citizenship. Any
13community college district that chooses to charge a fee under this
14section shall report the amount of the fee, the number of classes,
15and enrollment in those classes to the Office of the Chancellor of
16the California Community Colleges. The chancellor’s office shall
17make the information reported under this section available to the
18Legislative Analyst’s Office. The Legislative Analyst’s Office
19shall provide a summary and analysis of the reported information
20to the Assembly Committee on Budget, the Assembly Committee
21on Higher Education, the Senate Committee on Budget and Fiscal
22Review, and the Senate Committee on Education by January 1,
232016.

24

SEC. 5.  

Section 78402 is added to the Education Code, to read:

25

78402.  

(a) The chancellor’s office, in conjunction with the
26department, shall coordinate and issue assessment policy guidelines
27regarding assessments to be used by school districts and community
28college districts for purposes of placement in adult education
29courses offered pursuant to Sections 41976 and 84757.

30(b) The department and the chancellor’s office shall jointly
31establish and implement a comprehensive performance
32accountability system for adult education courses offered pursuant
33to Sections 41976 and 84757. The department and the chancellor’s
34office shall develop guidelines and procedures for all adult
35education-funded providers for assessment, evaluation, and data
36collection to document participant outcomes and placement, and
37other performance measures they deem appropriate. Performance
38measures may include receipt of a secondary school diploma or
39its recognized equivalent, placement in a postsecondary educational
40institution, training, and employment. To the extent possible, these
P7    1performance measures shall be consistent with those required and
2implemented pursuant to the federal Workforce Investment Act
3of 1998, Title II, Adult Education and Family Literacy Act (Public
4Law 105-220). All funded programs shall be required to annually
5submit demographic and other student-level outcome information
6to the department or the chancellor’s office, as appropriate.

7(c) As used in this section, “department” means the State
8Department of Education.

9

SEC. 6.  

Section 84757 of the Education Code is amended to
10read:

11

84757.  

(a) For purposes of this chapter, the following noncredit
12adult education courses and classes shall be eligible for funding:

begin insert

13(1) Parenting, including parent cooperative preschools, and
14classes in child growth and development and parent-child
15relationships.

end insert
begin delete

16(1)

end delete

17begin insert(2)end insert Elementary and secondary basic skills and other courses and
18classes such as remedial academic courses or classes in reading,
19mathematics, and language arts.

begin delete

20(2)

end delete

21begin insert(3)end insert English as a second language.

begin delete

22(3)

end delete

23begin insert(4)end insert Classes and courses for immigrants eligible for educational
24services in citizenship, English as a second language, and work
25force preparation classes in the basic skills of speaking, listening,
26reading, writing, mathematics, decisionmaking and problem solving
27skills, and other classes required for preparation to participate in
28job-specific technical training.

begin delete

29(4)

end delete

30begin insert(5)end insert Education programs for persons with substantial disabilities.

begin delete

31(5)

end delete

32begin insert(6)end insert Short-term vocational programs with high employment
33potential.

begin insert

34(7) Programs for older adults.

end insert
begin insert

35(8) Programs in home economics.

end insert
begin insert

36(9) Programs in health and safety education.

end insert

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

P8    1(c) This section shall become inoperative on July 1, 2015, and,
2as of January 1, 2016, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2016, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

SEC. 7.  

Section 84757 is added to the Education Code, to read:

6

84757.  

(a) For purposes of this chapter, the following noncredit
7adult education courses and classes shall be eligible for funding:

8(1) Elementary and secondary basic skills and other courses and
9classes such as remedial academic courses or classes in reading,
10mathematics, and language arts.

11(2) English as a second language.

12(3) Classes and courses for immigrants eligible for educational
13services in citizenship, English as a second language, and work
14force preparation classes in the basic skills of speaking, listening,
15reading, writing, mathematics, decisionmaking and problem solving
16skills, and other classes required for preparation to participate in
17job-specific technical training.

18(4) Education programs for persons with substantial disabilities.

19(5) Short-term vocational programs with high employment
20potential.

21(b) State apportionment shall not be made for any course or
22class that is not set forth in subdivision (a) and for which no credit
23is given.

begin insert

24(c) This section does not limit the authority of a community
25college district to offer adult education programs and courses for
26older adults in health and safety education or programs in
27parenting, or both, provided that those programs or courses are
28funded through alternative funding sources, including fees, if the
29community college district is authorized to charge fees for these
30purposes.

end insert
begin insert

31(d)  As used in this section:

end insert
begin insert

32(1) “Alternative funding sources” include any sources of state
33or nonstate funding other than funding from a state apportionment
34as defined in paragraph (2).

end insert
begin insert

35(2) “State apportionment” includes funds received pursuant to
36Budget Act appropriations for adult education, but does not include
37funds received pursuant to Budget Act appropriations from other
38state or nonstate funding sources.

end insert
begin delete

39(c)

end delete

40begin insert(end insertbegin inserte)end insert This section shall become operative on July 1, 2015.

P9    1

SEC. 8.  

The Commission on Teacher Credentialing and the
2Academic Senate for California Community Colleges shall meet
3to review their current requirements for noncredit adult education
4and adult education instructors, and shall develop and submit
5recommendations to the appropriate policy and fiscal committees
6of the Legislature for modifying or establishing reciprocity
7standards for instructors of adult education courses by July 1, 2015.

8

SEC. 9.  

begin delete(a)end deletebegin deleteend deleteIt is the intent of the Legislaturebegin delete that nothing in
9the act that adds this section be construed to limit the authority of
10school districts and community college districts to offer adult
11education programs and courses other than those listed in Sections
1241976 and 84757 of the Education Code, provided that those
13programs or courses are funded through alternative funding sources,
14including fees, if the district is authorized to charge fees.end delete

15begin delete(b)end deletebegin deleteend deletebegin deleteIt is the further intent of the Legislature end deleteto evaluate the
16performance accountability system established pursuant to Sections
1752524 and 78402 of the Education Code and to consider allocating
18base adult education funds and noncredit adult education funds to
19providers on the basis of a combination of enrollment and
20performance in courses offered pursuant to Sections 41976 and
2184757 of the Education Code.



O

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