BILL NUMBER: SB 965 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2014
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 13, 2014
INTRODUCED BY Senator Leno
FEBRUARY 10, 2014
An act to add Section 84750.6 to the Education Code, relating to
community colleges, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 965, as amended, Leno. Community colleges: funding: San
Francisco Community College District.
Existing
(1) Existing law establishes the
California Community Colleges under the administration of the Board
of Governors of the California Community Colleges. Existing law
authorizes the establishment of community college districts under the
administration of community college governing boards, and authorizes
these districts to provide instruction at community college campuses
throughout the state.
Existing law requires the board of governors to develop criteria
and standards, in accordance with specified statewide minimum
requirements, for the purposes of making the annual budget request
for the California Community Colleges to the Governor and the
Legislature and allocating state general apportionment revenues.
Those statewide minimum requirements include, among other things, a
requirement that the calculations of each community college district'
s revenue level for each fiscal year be based on specified criteria,
with revenue adjustments being made for increases or decreases in
full-time equivalent students and for other specified purposes.
This bill, for the 2014-15 fiscal year to
and the 2017-18 2015-16 fiscal
year , inclusive, would require the board of
governors to provide the San Francisco Community College District
with revenues, as specified, if, on the effective date of this bill,
the board of governors finds that the community college
district or a campus of the community college district was
is in imminent jeopardy of losing its
accreditation and accreditation, the board of
governors has exercised its authority pursuant to specified
provisions , and the institution is in compliance with a
regulation requiring it to be accredited by a specified agency
. The bill would require the board of governors to
additionally provide the San Francisco Community College District
with revenues for the 2016-17 fiscal year under the same conditions
applicable to the 2014-15 and 2015-16 fiscal years, but only if the
Fiscal Crisis Management Assistance Team makes a finding no sooner
than April 1, 2016, that the San Francisco Community College District
is meeting or exceeding specified fiscal benchmarks.
The bill would require the Chancellor of the City College of San
Francisco to submit a report containing specified information to the
appropriate policy and fiscal committees of the Legislature, the
Office of the Governor, the Legislative Analyst's Office, and the
Department of Finance on or before April 15, 2015, and to submit
updates to this report as specified. Because this provision would
impose new duties on the San Francisco Community College District, it
would constitute a state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the San Francisco Community
College District.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This
(3) This bill would declare that
it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84750.6 is added to the Education Code, to
read:
84750.6. (a) Notwithstanding Section 84750.5, the board of
governors shall provide the San Francisco Community College District
with revenues, as specified in subdivision (b), if, on the effective
date of the act that adds this section, both of the
following conditions are satisfied:
(1) The board of governors finds that the community
college district or a campus of the community college district
was is in imminent jeopardy of losing
its accreditation.
(2) The board of governors has exercised its authority pursuant to
Section 84040 of this code and Section 58312 of Title 5 of the
California Code of Regulations as that regulation read on April
15, 2014 .
(b) If the number of full-time equivalent students (FTES) of the
community college district decreases from the number in the 2013-14
fiscal year, the board of governors shall provide revenues to the
community college district, as follows:
(1) For the 2014-15 fiscal year, an amount not less than the total
amount that was received by the community college district for the
attendance of FTES in the 2013-14 fiscal year.
(2) For the 2015-16 fiscal year, an amount not less than 95
percent of the total amount that was received by the community
college district for the attendance of FTES in the 2013-14 fiscal
year.
(3) (A) For the 2016-17 fiscal year, an
amount not less than 90 percent of the total amount that was received
by the community college district for the attendance of FTES in the
2013-14 fiscal year.
(4) For the 2017-18 fiscal year, an amount not less than 85
percent of the total amount that was received by the community
college district for the attendance of FTES in the 2013-14 fiscal
year.
(B) Funds shall be provided under this paragraph only if the
Fiscal Crisis Management Assistance Team makes a finding no sooner
than April 1, 2016, that the San Francisco Community College District
is meeting or exceeding all of the following benchmarks:
(i) Effective fiscal controls and systems are in place.
(ii) The City College of San Francisco has, and is adhering to,
prudent fiscal policies and practices, as corroborated by an analysis
of multiyear projections of no less than three fiscal years
commencing with the 2016-17 fiscal year.
(iii) The City College of San Francisco is applying resources in
accordance with a budget plan approved by the special trustee.
(iv) The City College of San Francisco is maintaining appropriate
fiscal reserves.
(v) The City College of San Francisco has, and is adhering to, a
viable plan to address long-term liabilities including, but not
necessarily limited to, "other postemployment benefits," as that term
is used in accordance with generally accepted accounting principles
defined by the Governmental Accounting Standards Board as of April
15, 2014.
(c) The amounts calculated in paragraphs (1) to (4)
(3) , inclusive, of subdivision (b) shall be
adjusted by the chancellor to reflect cost-of-living adjustments,
deficits in apportionments, or both, as appropriate for the
applicable fiscal years.
(d) Subdivision (b) shall only be used to determine the
apportionment funding to be allocated to the San Francisco Community
College District. In computing statewide entitlements to funding
based upon the attendance of FTES, the San Francisco Community
College District shall not be credited with more FTES than were
actually enrolled and in attendance.
(e) Subdivision (b) shall only be operative for a fiscal year in
which the San Francisco Community College District is in compliance
with Section 51016 of Title 5 of the California Code of Regulations
as that regulation read on April 15, 2014.
(e)
(f) It is the intent of the Legislature that any
amounts necessary to make the apportionments required pursuant to
subdivision (b) be drawn from the state general apportionment
revenues for community college districts.
SEC. 2. (a) The Chancellor of the City College of
San Francisco shall submit all of the following to the appropriate
policy and fiscal committees of the Legislature, the Office of the
Governor, the Legislative Analyst's Office, and the Department of
Finance on or before April 15, 2015:
(1) An overview of the college's current accreditation status,
including a description of any identified accreditation deficiencies
and activities underway to address those deficiencies.
(2) Enrollment totals for the current and prior years.
(3) Updated enrollment projections for the two subsequent fiscal
years.
(4) The number of course sections offered in the current and prior
fiscal years.
(5) A thorough explanation of the district's level of budgetary
reserves and sources of revenue.
(6) A thorough multiyear budget plan that explains, at a minimum,
both revenue sources and areas of expenditure.
(b) The Chancellor of the City College of San Francisco shall
submit updates to the report submitted under subdivision (a) on or
before the following dates:
(1) October 15, 2015.
(2) April 15, 2016.
(3) October 15, 2016, but only if funding is provided pursuant to
paragraph (3) of subdivision (b) of Section 84750.6 of the Education
Code.
(4) April 15, 2017, but only if funding is provided pursuant to
paragraph (3) of subdivision (b) of Section 84750.6 of the Education
Code.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 2. SEC. 4. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
accreditation and fiscal challenges facing the San Francisco
Community College District.
SEC. 3. SEC. 5. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
The accreditation and fiscal problems facing the San Francisco
Community College District threaten its ability to preserve the
health and safety of its students and require an immediate response.