BILL NUMBER: SB 173 AMENDED
BILL TEXT
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
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. 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.
(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. 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. 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:
SECTION 1. 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) Programs in parenting, including parent cooperative
preschools, and classes in child growth and development and
parent-child relationships.
(1)
(2) 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)
(3) English as a second language.
(3)
(4) 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)
(5) Education programs for adults with disabilities.
(5)
(6) Short-term career technical education programs with
high employment potential.
(7) Programs for older adults.
(6)
(8) Programs for apprentices.
(9) Programs in home economics.
(10) Programs in health and safety education.
(b) State apportionment shall not be made for any course or class
that is not set forth in subdivision (a).
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 41976 is added to the Education Code, 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).
(c) This section 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, including fees, if the school district
is authorized to charge fees for these purposes.
(d) As used in this section:
(1) "Alternative funding sources" include any sources of state or
nonstate funding other than funding from a state apportionment as
defined in paragraph (2).
(2) "State apportionment" includes funds received pursuant to
Budget Act appropriations for adult education, but does not include
funds received pursuant to Budget Act appropriations from other state
or nonstate funding sources or the revenue limit apportionment made
pursuant to Article 2 (commencing with Section 42238) of Chapter 7.
(c)
( e) This section shall become operative on
July 1, 2015.
SEC. 3. Section 52524 is added to the Education Code, to read:
52524. (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 Family
Literacy Act (Public Law 105-220). All funded programs shall be
required to annually submit demographic and other student-level
outcome information to the department or the chancellor's office, as
appropriate.
(c) As used in this section, "chancellor's office" means the
Office of the Chancellor of the California Community Colleges.
SEC. 4. Section 76382 is added to the Education Code, to read:
76382. In 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 subdivision (a) of Section
52612 and Section 76380, for classes it offers pursuant to Section
84757, other than classes in English and citizenship. 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 Office of the Chancellor 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 Higher Education, the
Senate Committee on Budget and Fiscal Review, and the Senate
Committee on Education by January 1, 2016.
SEC. 5. Section 78402 is added to the Education Code, to read:
78402. (a) The chancellor's office, in conjunction with the
department, 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 Family
Literacy Act (Public Law 105-220). All funded programs shall be
required to annually submit demographic and other student-level
outcome information to the department or the chancellor's office, as
appropriate.
(c) As used in this section, "department" means the State
Department of Education.
SEC. 6. 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) Parenting, including parent cooperative preschools, and
classes in child growth and development and parent-child
relationships.
(1)
(2) Elementary and secondary basic skills and other
courses and classes such as remedial academic courses or classes in
reading, mathematics, and language arts.
(2)
(3) English as a second language.
(3)
(4) 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)
(5) Education programs for persons with substantial
disabilities.
(5)
(6) Short-term vocational programs with high employment
potential.
(7) Programs for older adults.
(8) Programs in home economics.
(9) Programs in health and safety education.
(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.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 84757 is added to the Education Code, 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.
(c) This section 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, including fees, if the community college
district is authorized to charge fees for these purposes.
(d) As used in this section:
(1) "Alternative funding sources" include any sources of state or
nonstate funding other than funding from a state apportionment as
defined in paragraph (2).
(2) "State apportionment" includes funds received pursuant to
Budget Act appropriations for adult education, but does not include
funds received pursuant to Budget Act appropriations from other state
or nonstate funding sources.
(c)
( e) This section shall become operative on
July 1, 2015.
SEC. 8. 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, 2015.
SEC. 9. (a) It is the intent
of the Legislature that 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) It is the
further intent of the Legislature to evaluate the
performance accountability system established pursuant to Sections
52524 and 78402 of the Education Code and to consider allocating base
adult education funds and noncredit adult education funds 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.