BILL ANALYSIS Ó
SB 173
Page 1
Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
SB 173 (Liu) - As Amended: August 8, 2013
SENATE VOTE : 36-1
SUBJECT : Education funding: adult health and safety education
SUMMARY : Establishes guidelines and recommendations for adult
education programs in the areas of assessment, performance
accountability, and teacher requirements; and eliminates
specified classes and courses authorized to be funded from the
adult education fund and California Community Colleges (CCC)
adult education noncredit apportionments. Specifically, this
bill :
1)Requires the California Department of Education (CDE), in
conjunction with the CCC Chancellor's Office (CCCCO), 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.
2)Requires the CCCCO and the CDE to do the following:
a) Jointly establish and implement a comprehensive
performance accountability system for adult education
courses; and,
b) 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. Specifies that performance measures may
include receipt of a secondary school diploma or its
recognized equivalent, placement in a postsecondary
educational institution, training, and employment.
Specifies that to the extent possible, these performance
measures shall be consistent with those required and
implemented pursuant to the federal Workforce Investment
Act (WIA) of 1998, Title II, Adult Education and Family
Literacy Act. Requires all funded programs to annually
submit demographic and other student-level outcome
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information.
3)Defines "chancellor's office" as the Office of the Chancellor
of the CCC, and "department" to mean the CDE.
4)Removes, as of July 1, 2015, the following classes from the
list of authorized classes and courses offered by school
districts and county superintendent of schools for
apportionment purposes from the adult education fund:
a) Adult programs in parenting, including parent
cooperative preschools, and classes in child growth and
development, parent-child relationships, and parenting;
b) Adult programs for older adults;
c) Adult programs in home economics; and,
d) Adult programs in health and safety education.
5)Specifies that nothing in the bill shall limit the authority
of a school district to offer adult education programs and
course 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.
6)Specifies that for purposes of this bill "alternative funding
sources" include any sources of state or nonstate funding
other than funding from a state apportionment as defined;
defines "state apportionment" as 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 §42238) of Chapter 7.
7)Authorizes the governing board of a community college district
to charge a fee for classes it offers, except for classes in
English and citizenship in order to ensure that community
college districts (CCD) have the capacity to meet the demand
for adult education courses for recent immigrants. Specifies
that any CCD that chooses to charge a fee shall report the
amount of the fee, the number of classes, and enrollment in
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those classes to the CCCCO. Requires the CCCCO to make the
information available to the Legislative Analyst's Office
(LAO). Requires the LAO to provide a summary and analysis of
the reported information to the Assembly Budget, Education and
Higher Education Committees, and the Senate Budget and Fiscal
Review and Education Committees by January 1, 2016.
8)Removes, as of July 1, 2015,the following noncredit adult
education courses and classes as eligible classes for state
apportionment funding:
a) Parenting, including parent cooperative preschools,
classes in child growth and development and parent-child
relationships;
b) Education programs for older adults;
c) Education programs for home economics; and,
d) Health and safety education.
9)Specifies that nothing in this bill shall limit the authority
of a CCD 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 CCD is authorized to charge fees for these
purposes.
10)Specifies that for purposes of this bill "alternative funding
sources" include any sources of state or nonstate funding
other than funding from a state apportionment as defined;
defines "state apportionment" as 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.
11)Requires, by July 1, 2015, the Commission on Teacher
Credentialing (CTC) and the Academic Senate for CCC to meet to
review their current requirements for noncredit adult
education and adult education instructors, and 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.
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12)Expresses that it is the intent of the Legislature to
evaluate the performance accountability system established in
this bill 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.
EXISTING LAW :
1)Authorizes both the CCC and K-12 systems to offer and receive
state funding for adult education courses (Education Code
§41976 and §84757).
2)Authorizes the following classes and courses to be offered by
the school districts and county superintendent of schools for
apportionment purposes from the adult education fund and
prohibits state apportionment to be made for any course or
class not specified in law:
a) Adult programs in parenting, including parent
cooperative preschools, and classes in child growth and
development, parent-child relationships, and parenting;
b) Adult programs in elementary and secondary basic skills
and other courses and classes required for the high school
diploma;
c) Adult education programs in English as a second
language;
d) Adult education programs for immigrant 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;
e) Adult education programs for adults with disabilities;
f) Adult short-term career technical education programs
with high employment potential;
g) Adult programs for older adults;
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h) Adult education programs for apprentices;
i) Adult programs in home economics; and,
j) Adult programs in health and safety education (EC
§41976).
3)Prohibits the local governing board of a CCD maintaining a
noncredit course from requiring an adult enrolled in such a
course to pay nonresident tuition or any fee or charge of any
kind for a class in English and citizenship for foreigners, a
class in an elementary subject, a class designated as granting
high school credit to an individual without a high school
diploma or other adult basic education programs and courses,
as specified (EC §76380).
4)Authorizes a school district governing board to require a fee
of an adult enrolled in a class for adults and prohibits the
total of the fees required and revenues derived from average
daily attendance from exceeding the estimated cost of
maintaining such classes. Current law also prohibits the
imposition of a charge of any kind for a class in English and
citizenship or a class in an elementary subject, nor for any
class which is designated as granting high school credit when
the class is taken by a person who does not hold a high school
diploma. To note: for a class in English and citizenship, a
fee may be charged only until July 1, 2015 (EC §52612).
5)Prohibits the CCC from requiring an adult enrolled in a
noncredit course to pay nonresident tuition or any fee or
charge of any kind for a class in English and citizenship for
foreigners, a class in an elementary subject, a class
designated by the governing board as a class for which high
school credit is granted when the class is taken by a person
who does not hold a high school diploma, or any class offered
by a CCD pursuant to Sections 8531, 8532, 8533, or 8534 (EC
§76380).
FISCAL EFFECT : According to the Senate Appropriations
Committee, savings in excess of $26 million from the elimination
of the specified courses and potentially significant up-front
costs and ongoing workload for the CCCCO and the CDE to meet the
coordination and reporting requirements.
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COMMENTS : To note: this measure passed out of the Assembly
Education Committee with a 6-0 vote on June 26, 2013.
Background . Adult education in California is part of a large,
complex, and diverse multi-provider system. It is a vital and
integral part of the larger educational system that provides
adults with the skills and education that enable them to earn a
high school diploma or a general educational development (GED)
certificate, become American citizens, acquire specific job
skills, learn English, and/or become independent and productive
parents and members of their community.
Adult Education and Community College Noncredit . Adult
education instruction is offered primarily at adult schools and
community colleges. Some programs are also offered at community
based organizations, libraries, correctional facilities, and the
California Conservation Corps. California adult education
schools offer the following ten programs:
1)Adult Basic Education;
2)English as a Second Language;
3)High School Diploma or Adult Secondary Education, including
GED certification;
4)Citizenship Preparation;
5)Career Technical Education;
6)Adults with Disabilities;
7)Health and Safety;
8)Parent Education;
9)Home Economics; and,
10)Courses for Older Adults.
State apportionment . The majority of funding for adult
education and community college noncredit comes from state
apportionment. The state provides approximately 90 percent of
the total funding for adult education and community college
noncredit programs. State apportionment funds are distributed
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to adult schools through average daily attendance. Funding for
community college noncredit is based upon a formula per Full
Time Equivalent Student (FTES). The remaining financing,
approximately 10 percent, is provided by federal funds.
Recommend changes in state funded adult education . In the last
several years various reports have been published that have
recommended that the state re-evaluate its current adult
education structure.
In December 1998, the Joint Board Task Force on Noncredit and
Adult Education (a joint task force comprised of the CCC Board
of Governors and the California State Board of Education),
published "Noncredit and Adult Education: Challenges,
Opportunities, Changes." The report describes in detail local
and state activities required to implement the following 12
recommendations: 1) clarify joint authorization to offer
noncredit and adult education; 2) create a formal structure for
joint development and implementation of policy for noncredit and
adult education; 3) develop strategies for assuring student
success; 4) redistribute unused existing resources; 5) encourage
districts to make fair share distributions; 6) determine the
cost of implementing endorsed changes; 7) equalize reimbursement
rates within and between segments; 8) finalize and distribute
program standards; 9) develop a coordinated data system;10)
clarify scope of authorized instructional categories; 11) permit
reimbursement for work-based education; and, 12) establish
reciprocity for instructors of noncredit and adult education.
In April 2003, the California Senate Office of Research (SOR)
released, "Adult Education, Will it Meet the Challenges of the
Future." SOR found that state funded adult education programs
provide a vast array of services through multiple programs with
inconsistent indicators of program outcomes. As demand for
adult education services continues to grow and available
resources are increasingly limited, policymakers and program
operators should explore ways to deliver services more
efficiently, based on objective data. The report suggest the
following policy changes: 1) that the state should clarify the
mission of adult education and re-focus its program offerings
around fewer key programs; 2) identify a clear delineation of
function between the two governing entities (CCCCO and CDE); 3)
collect integrated data that represents the system as a whole;
4) distribute fiscal resources equitably throughout the state;
5) restructure state governance and local service delivery; and,
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5) demonstrate the return on investment of adult education
programs.
In December 2012, the LAO released, "Restructuring California's
Adult Education System." The report gives the following policy
changes: 1) focus on the six instructional programs most
closely aligned with adult education's core mission; 2) clearly
distinguish between adult education and collegiate education; 3)
apply a consistent set of policies for faculty and students at
adult schools and community colleges; 4) create a funding
mechanism for adult education that promotes a coordinated system
centered around student access and success; and, 5) collect same
data on student enrollment and outcomes for both adult schools
and community colleges (this will link the respective systems).
2013 Budget Act and budget trailer bill . In January, the
Governor proposed in his 2013-14 budget shifting the
coordination and administration of all adult education programs
to the CCC. The K-12 adult education program would be
eliminated, but CCC could contract with school districts to
provide instruction. Due to concerns about the timing and
structure of the proposal, the Governor's May revision of the
budget withdrew the proposal and instead maintains the current
system for two years while allocating $30 million for planning
grants awarded to regional consortia comprised of CCC and K-12
districts for the purpose of creating plans to integrate
existing programs and determine how best to serve adult students
within regions throughout the state. The budget adopted by the
Legislature reduced the planning grants to $25 million and
adopted trailer bill language in AB 86 (Chapter 48, Statutes of
2013).
The trailer bill establishes the Adult Education Consortium
Program with the following features:
1)Eligibility is limited to consortiums consisting of at least
one CCD and at least one school district within the boundaries
of a CCD. Consortia may include other entities providing
adult education courses, such as correctional facilities,
other local public entities and community-based organizations.
2)Planning grants must be used to create and implement a plan to
better provide adults in its region with all of the following:
a) Elementary and secondary basic skills, including classes
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requires for a high school diploma or high school
equivalency certificate.
b) Classes and courses for immigrants eligible for
educational services in citizenship and English as a second
language, and workforce preparation classes in basic
skills.
c) Education programs for adults with disabilities.
d) Short-term career technical education program with high
employment potential.
e) Programs for apprentices.
3)The regional consortium plan shall include an evaluation of
existing levels and types of adult education programs in the
region, current needs, how the parties that make up the
consortium will integrate their programs to create seamless
transitions into postsecondary education or the workforce,
plans to address gaps identified in the current offerings and
needs, plans to employ approaches to accelerate a student's
programs toward his or her academic or career goals, plans to
collaborate in the provision of ongoing professional
development opportunities, and plans to leverage existing
regional structures, including local workforce investment
areas.
The CCC Chancellor and the CDE shall submit a joint status
report by March 1, 2014 and a final report by March 1, 2015.
The intent of the Governor is to provide some level of
additional funding to provide adult education services through
the regional consortia beginning in 2015-16. The courses
allowed to be provided through the consortia are consistent with
the intent of this bill. CCC and K-12 districts can continue to
offer their existing adult education programs separate from the
regional consortia. CCCs may continue to earn revenue limit
funding, but because categorical funds are eliminated through
the Local Control Funding Formula, school districts choosing to
continue their adult education programs would do so using their
base funds.
Purpose of this bill . According to the author's office, this
bill is based on the December 2012 LAO report (see above). The
author states, "This bill begins the implementation of
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programmatic changes necessary to better align the bifurcated
system of delivering adult education and non-credit adult
education courses, and to begin a shift towards a more rational
and coordinated funding approach for K-12 adult education and
CCC noncredit adult education programs in California."
The two largest providers of adult education are school
districts and the CCC, with, according to the LAO, the majority
provided by the CCC (about 66% of FTES (525 hours of
instructional hours) in 2009-10). The LAO argues that the two
systems have unclear lines of responsibility, an overly broad
mission, inconsistent state-level policies, lack of coordination
among providers, and limited student data, despite serving the
same student populations. The December report suggests that the
system is in need of comprehensive restructuring.
The LAO suggests that while all classes have value, adult
education programs should focus on the knowledge and skills
needed to participate in civic life and workforce.
Non state apportionment classes . This bill eliminates, as of
July 1, 2015, the authorization to use adult education
apportionments to offer the following course and classes:
1)Parenting programs: According to the CDE, these are classes
that promote the healthy development of children, high-quality
family relationships, and children's success in school.
Classes in this program help individuals and families meet the
challenges of daily living through health and financial
literacy to improve the quality of home and family life.
Examples of classes offered include "Parenting the newborn-14
month old," and "Parenting an elementary school age child."
2)Older adult programs: According to the CDE, these are classes
designed specially to deal with issues related to aging.
These classes provide intellectual, physical, financial, and
social stimulation and resources addressing the demands of a
growing and active older population. Classes offered include
"Exercise and fitness", "Ceramics", and "Understanding and
using computers."
3)Home economics programs: These classes include "cooking",
"knitting", and "wood working".
4)Health and safety education: These classes include basic CPR
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and first aid, aerobics, and weight management.
According to the CCCCO, in 2008-09, the system wide enrollment
for these four programs was approximately 624,836, but in
2009-10 (the last year comprehensive data is available), the
system wide enrollment for these four programs was approximately
519,763. Despite an overwhelming lack of data, there is
evidence that many CCDs and CCCs have moved many of the four
programs over from the noncredit side to 100 percent fee based
(also known as community or continuing education).
Additionally, there is at least one CCC that as of fall 2013
will have 100 percent of these four programs on the fee based
side. Lastly, according to the CCCCO, for any current noncredit
course that may be moved over to the for-credit side, adult
education students who meet certain financial criteria would be
eligible for the CCC Board of Governors Fee Waiver, thus not
having to pay the current $46/unit for their course.
Several organizations oppose the elimination of some or all of
these courses, expressing concerns that their elimination will
decrease access. These organizations state that these classes
provide some adults a second chance and recent immigrants a
first chance at a quality education. They also argue that
courses such as parenting education offer adults critical life
skills. Others oppose the elimination of programs for older
adults.
Assessment . CCC and the K-12 adult schools use assessments for
enrollment and placements. While the CCC is required to only
use assessment tools approved by the CCCCO for advisory purposes
and not for placement of students in classes, adult schools can
use any assessments they choose and can use them for minimum
qualifications to enroll in a class or to determine appropriate
class placement. This bill directs the CDE, in conjunction with
the CCCCO to develop assessment policy guidelines to be used by
both systems for purposes of placement in CCC adult education
and K-12courses. The bill is silent on whether the assessment
can be used to determine whether a student meets minimum
qualification for enrollment.
Performance accountability. This bill requires the CCCCO and
the CDE to 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, such as
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whether the student received a secondary school diploma,
placement in a postsecondary educational institution, or became
employed.
Concerns have been expressed that this provision is unnecessary
and duplicative. States that receive federal WIA Title II funds
are already required to collect performance data. The state
received $91 million in 2011-12 to provide adult elementary and
secondary education and English as a second language classes.
The CDE allocates its share of funding to providers based on
performance points.
The CCCCO already has an in-depth data collection system that
was augmented by the Student Success Scorecard released in April
this year. The scorecard was a recommendation of the Student
Success Task Force, enacted by SB 1143 (Liu), Chapter 409,
Statutes of 2010. The scorecard provides performance data that
includes completion and persistence rates that can be broken
down by student demographics.
The committee may wish to consider directing the CCCCO and the
CDE to develop and issue policy guidelines regarding a
comprehensive performance accountability system for adult
education courses.
Teacher qualifications . CCC adult education instructors are
required to have a bachelor or master's degree depending on the
type of course taught, while K-12 adult school teachers are
required to have a teaching credential. The LAO believes that
adult education instructors should be able to teach in either
system. Requiring a teaching credential limits a CCC
instructor's ability to teach in K-12 adult schools; the LAO
recommends eliminating the requirement for adult school teachers
to have a teaching credential. This bill directs the Academic
Senate for the CCC and the CTC to review the requirements for
noncredit adult education and adult school instructors, and
develop and submit recommendations to the appropriate policy and
fiscal committees of the Legislature by July 1, 2015, for
modifying or establishing reciprocity standards for instructors
of adult education courses.
Arguments in support . The Association of California School
Administrators states, "SB 173 recognizes that both school
districts and community colleges are critical to providing the
breadth of programs to educate and train adult students and is
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critical to all reform efforts. SB 173 restores the coordination
between the two systems to improve coordination and
collaboration statewide."
Arguments in opposition . The Community College League of
California states, "SB 173 would significantly decrease access
for adult learners in California. The reduction of the number
of courses that receive state funding will result in essential
courses becoming inaccessible to the community. Adult education
programs offer adults a second chance, and many recent
immigrants a first chance to a quality education. Additionally,
courses in such areas help adults learn critical life skills."
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California School Administrators (based on prior
version of the bill)
California Adult Education Administrators Association (based on
prior version of the bill)
California Association of Area Agencies on Aging
California Council for Adult Education (based on prior version
of the bill)
San Francisco Advisory Council to Aging and Adult Services
Opposition
AARP California (based on prior version of the bill)
Age Well Senior Services (based on prior version of the bill)
Association of California Community College Administrators
(based on prior version of the bill)
Association of Community and Continuing Education (based on
prior version of the bill)
California Commission on Aging (based on prior version of the
bill)
California Community College Educators of Older Adults (based on
prior version of the bill)
California Community College Independents (based on prior
version of the bill)
California Federation of Teachers - unless amended (based on
prior version of the bill)
California Park and Recreation Society (based on prior version
of the bill)
California School Employees Association (based on prior version
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of the bill)
California Teachers Association (based on prior version of the
bill)
Chaffey College (based on prior version of the bill)
Coast Community College District (based on prior version of the
bill)
College of the Canyons (based on prior version of the bill)
College of Marin (based on prior version of the bill)
Community College League of California (based on prior version
of the bill)
Congress of California Seniors - unless amended (based on prior
version of the bill)
Faculty Association of California Community Colleges (based on
prior version of the bill)
Fullerton College (based on prior version of the bill)
Gray Panthers Association of California Networks (based on prior
version of the bill)
Imperial Valley College (based on prior version of the bill)
Los Rios Community College District (based on prior version of
the bill)
Mendocino Community College District (based on prior version of
the bill)
Merced College (based on prior version of the bill)
Mira Costa Community College District (based on prior version of
the bill)
Mt. San Antonio College (based on prior version of the bill)
North Orange County Community College District (based on prior
version of the bill)
Orange County Aging Services Collaborative (based on prior
version of the bill)
Partners in Care Foundation (based on prior version of the bill)
Rancho Santiago Community College District (based on prior
version of the bill)
Rio Hondo Community College District (based on prior version of
the bill)
Riverside Community College District (based on prior version of
the bill)
San Diego Community College District (based on prior version of
the bill)
San Francisco Community College District (based on prior version
of the bill)
Santa Monica College (based on prior version of the bill)
South Orange County Community College District (based on prior
version of the bill)
State Center Community College District (based on prior version
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of the bill)
The Gerontological Society of America (based on prior version of
the bill)
The Lucille and Edward R. Roybal Foundation - unless amended
(based on prior version of the bill)
United Teachers Los Angeles (based on prior version of the bill)
Yosemite Community College District (based on prior version of
the bill)
Numerous Individuals (based on prior version of the bill)
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960