BILL NUMBER: SB 173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2014
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, 52524, 78402, and 84757.5 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.
Existing law requires the Chancellor of the California Community
Colleges and the State Department of Education, pursuant to funding
made available in the annual Budget Act, to jointly provide 2-year
planning and implementation grants to regional consortia of community
college districts and school districts for the development of
regional plans for adult education. Existing law requires the
chancellor and the department to submit a joint report relating to
this adult education consortium program to the Legislature and the
Governor on or before March 1, 2015.
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 as part of an adult education
consortium . The bill would also require the department and the
chancellor's office , as a part of the report required under
the adult education consortium program, to jointly
establish and implement a comprehensive performance
develop and issue policy recommendations to the Legislature regarding
a comprehensive 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.
The bill would require the chancellor's office and the State
Department of Education to coordinate and issue recommendations and
fee policy guidelines to be used by school districts and community
college districts regarding the authority to charge fees for courses
offered pursuant to the adult education consortium program.
The bill would require the Office of the Chancellor of the
California Community Colleges, in conjunction with the State
Department of Education, to annually report on the number and types
of courses being taught and the number of students being served with
funding provided to the adult education consortia.
The bill would require the chancellor's office to annually report
on the number and types of noncredit courses being taught and the
number of students being served with funding provided to the
community colleges for noncredit courses offered pursuant to a
specified statute. The bill would require the chancellor's office to
identify any deficits in course offerings based upon levels, types,
and needs for adult education programs identified in adult education
consortium plans.
(4)
(2) 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.
(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.
(3) English as a second language.
(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.
(5) Education programs for adults with disabilities.
(6) Short-term career technical education programs with high
employment potential.
(7) Programs for older adults.
(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.
(e) This section shall become operative on July 1, 2015.
SEC. 3. SECTION 1. 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.
Section 84830.
(b) The department and the chancellor's office , as a part of
the report and recommendations required pursuant to paragraph
(1) of subdivision (f) of Section 84830, shall jointly
establish and implement develop and issue
policy recommendations to the Legislature regarding 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 recommendations
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 Accountability
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) The department, in conjunction with the chancellor's office,
and as a part of the report and recommendations required pursuant to
paragraph (1) of subdivision (f) of Section 84830, shall coordinate
and issue both of the following:
(1) Recommendations and fee policy guidelines to be used by school
districts and community college districts regarding the authority to
charge fees for courses offered pursuant to Section 84830. With
respect to these recommendations and guidelines, it is the intent of
the Legislature that:
(A) Registration and course fees should be equivalent across all
programs.
(B) Fees should not generate income beyond the cost of providing
the courses.
(C) Fees should not create a barrier to student access to adult
education programs.
(2) Recommendations and policy guidelines regarding the use of a
single student identifier to be used by school districts and
community college districts for purposes of developing a
comprehensive accountability system pursuant to the requirements of
Section 84830.
(c)
(d) 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. SEC. 2. 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
Section 84830 and paragraphs (2) to (6), inclusive, of
subdivision (a) of Section 84757.
(b) The department and the chancellor's office , as a
part of the report and recommendations required pursuant to
paragraph (1) of subdivision (f) of Section 84830, shall
jointly establish and implement develop and
issue policy recommendations to the Legislature regarding a
comprehensive performance accountability system
for adult education courses offered pursuant to Sections
41976 and Section 84830 and paragraphs (2) to (6),
inclusive, of subdivision (a) of Section 84757. The department
and the chancellor's office shall develop guidelines and
procedures recommendations 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
Accountability 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) The chancellor's office, in conjunction with the department,
and as a part of the report and recommendations required pursuant to
paragraph (1) of subdivision (f) of Section 84830, shall coordinate
and issue both of the following:
(1) Recommendations and fee policy guidelines to be used by school
districts and community college districts regarding the authority to
charge fees for courses offered pursuant to Section 84830. With
respect to these recommendations and guidelines, it is the intent of
the Legislature that:
(A) Registration and course fees should be equivalent across all
programs.
(B) Fees should not generate income beyond the cost of providing
the courses.
(C) Fees should not create a barrier to student access to adult
education programs.
(2) Recommendations and policy guidelines regarding the use of a
single student identifier to be used by school districts and
community college districts for purposes of developing a
comprehensive accountability system pursuant to the requirements of
Section 84830.
(c)
(d) 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.
(2) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.
(3) English as a second language.
(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.
(5) Education programs for persons with substantial disabilities.
(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.
(e) This section shall become operative on July 1, 2015.
SEC. 3. Section 84757.5 is added to the
Education Code , to read:
84757.5. (a) The chancellor's office, in conjunction with the
department, shall annually report on the number and types of courses
being taught and the number of students being served with funding
provided to the regional consortia established pursuant to Section
84830. The chancellor's office shall annually report on the number
and types of noncredit courses being taught and the number of
students being served with funding provided to the community colleges
for the courses offered pursuant to Section 84757.
(b) The chancellor's office shall identify any deficits in course
offerings based upon levels, types, and needs for adult education
programs identified in the consortia plans submitted as required
under subdivision (c) of Section 84830.
SEC. 8. SEC. 4. 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. SEC. 5. It is the intent of
the Legislatureto evaluate the performance
guidelines for the 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 identified needs,
enrollment, and outcomes in courses offered pursuant to
Sections 41976 and Section 84830 and
paragraphs (2) to (6), inclusive, of subdivision (a) of Section
84757 of the Education Code.