Amended in Assembly August 4, 2014

Amended in Assembly June 30, 2014

Amended in Assembly June 19, 2014

Amended in Senate April 10, 2014

Senate BillNo. 1391


Introduced by Senators Hancock and Wyland

(Principal coauthors: Assembly Members Bonta and Chávez)

February 21, 2014


An act to amend Section 84810.5 of, and to add Section 84810.7 to, the Education Code, relating to communitybegin delete colleges, and making an appropriation therefor.end deletebegin insert colleges.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1391, as amended, Hancock. Community colleges: inmate education programs: computation of apportionments.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges.

Existing law provides that, notwithstanding open course provisions in statute or regulations of the board of governors, the governing board of a community college district that provides classes for inmates of certain facilities may include the units of full-time equivalent students generated in those classes for purposes of state apportionments.

This bill would instead waive the open course provisions in statute or regulations of the board of governors for any governing board of a community college district that provides classes for inmates of those facilities and state correctional facilities, and would authorize the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments.

Existing law provides for the method of computing apportionments for purposes of these inmate education programs.

This bill would make revisions to that method of computation.

The bill would prohibit a community college district from claiming, for purposes of apportionments, any class for which a district receives full compensation for its direct education costs for the conduct of the class from any public or private agency, individual, or group of individuals, or any class offered pursuant to a contract or instructional agreement entered into between the district and a public or private agency, individual, or group of individuals that has received from another source full compensation for the costs the district incurs under that contract or instructional agreement, as prescribed.

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This bill would require the Department of Corrections and Rehabilitation and the Office of the Chancellor of the California Community Colleges, on or before March 1, 2015, to enter into an interagency agreement to expand access to community college courses that lead to degrees or certificates that result in enhanced workforce skills or transfer to a 4-year university. This bill would require that courses for inmates in a state correctional facility developed as a result of this agreement supplement, but not duplicate or supplant, any adult education course opportunities offered at that facility by the Office of Correctional Education of the Department of Corrections and Rehabilitation. This bill would require the department, in collaboration with the Office of the Chancellor of the California Community Colleges, to develop metrics for evaluations of the efficacy and success of the programs developed through the interagency agreement, conduct the evaluations, and, on or before July 31, 2018, report findings from the evaluations to the Legislature and the Governor.

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This bill would require the Department of Corrections and Rehabilitation, in collaboration with the chancellor, to establish the Innovative Career Technical Education Grant Program to provide grants to community colleges to offer career technical education and workforce development programs for inmates in state correctional facilities to supplement, but not duplicate or supplant, adult education courses provided by the Office of Correctional Education of the Department of Corrections and Rehabilitation offered at these facilities. The bill would require that the general educational and workforce development goals and details regarding the administration of the grant program be included in an interagency agreement entered between the Department of Corrections and Rehabilitation and the chancellor’s office. The bill would require the Department of Corrections and Rehabilitation to develop, in collaboration with the chancellor’s office, metrics for evaluations of the efficacy and success of the grant program, and require the Department of Corrections and Rehabilitation to report findings from conducting these evaluations to the Legislature and the Governor, as specified. The bill would specify details of the career technical education programs to be developed and provided by community colleges with these grants.

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This bill would appropriate $2,000,000, as scheduled, from the Recidivism Reduction Fund to the Chancellor of the California Community Colleges for the creation and administration of, as well as the allocation of awards under, Innovative Career Technical Education grant programs for the 2014-15 fiscal year, as specified. This bill would provide for the return of residual funds, as defined, not retained for specified additional grants by the chancellor, to the Recidivism Reduction Fund. The bill would require the Department of Corrections and Rehabilitation, in consultation with the chancellor, to develop administrative guidelines for community college education programs operating in prison facilities, as specified, on or before July 1, 2015.

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This bill would require the Legislative Analyst’s Office to conduct a comprehensive evaluation of the Innovative Career Technical Education grant programs and other inmate education programs for purposes of making informed policy decisions and for cost-benefit analysis of the investments made in inmate education, as specified, and submit this evaluation to the Governor and the Legislature on or before January 1, 2020.

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Vote: majority. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 84810.5 of the Education Code is
2amended to read:

3

84810.5.  

(a) (1) Open course provisions in statute or
4regulations of the board of governors shall be waived for any
5governing board of a community college district that provides
6classes for inmates of any city, county, or city and county jail, road
P4    1camp, farm for adults, or state or federal correctional facility. This
2section does not authorize the waiver of open course provisions
3in any context or situation other than those that are specifically
4authorized by this section. Subject to limitations set forth in
5subdivision (b), the board of governors may include the units of
6full-time equivalent students (FTES) generated in those classes
7for purposes of state apportionments.

8(2) The attendance hours generated by credit courses shall be
9funded at the marginal credit rate determined pursuant to paragraph
10(2) of subdivision (d) of Section 84750.5. The attendance hours
11generated by noncredit courses shall be funded at the noncredit
12rate.

13(b) (1) A community college district shall not claim, for
14purposes of state apportionments under this section, any class to
15which either of the following applies:

16(A) The district receives full compensation for its direct
17education costs for the conduct of the class from any public or
18private agency, individual, or group of individuals.

19(B) The district has a contract or instructional agreement, or
20both, for the conduct of the class with a public or private agency,
21individual, or group of individuals that has received from another
22source full compensation for the costs the district incurs under that
23contract or instructional agreement.

24(2) In reporting a claim for apportionment to the Chancellor of
25the California Community Colleges under this section, the district
26shall report any partial compensation it receives from the sources
27described in subparagraphs (A) and (B) of paragraph (1) during
28the period for which the claim is made. The chancellor shall
29subtract the amount of any partial compensation received from the
30total apportionment to be paid.

31(c) This section does not provide a source of funds to shift,
32supplant, or reduce the costs incurred by the Department of
33Corrections and Rehabilitation in providing inmate education
34programs.

35begin insert

begin insertSEC. 2.end insert  

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begin insertSection 84810.7 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
36read:end insert

begin insert
37

begin insert84810.7.end insert  

(a) On or before March 1, 2015, the Department of
38Corrections and Rehabilitation and the Office of the Chancellor
39of the California Community Colleges shall enter into an
40interagency agreement to expand access to community college
P5    1courses that lead to degrees or certificates that result in enhanced
2workforce skills or transfer to a four-year university. The courses
3for inmates in a state correctional facility developed as a result
4of this agreement will serve to supplement, but not duplicate or
5supplant, any adult education course opportunities offered at that
6facility by the Office of Correctional Education of the Department
7of Corrections and Rehabilitation.

8(b) The Department of Corrections and Rehabilitation, in
9collaboration with the Office of the Chancellor of the California
10Community Colleges, shall develop metrics for evaluations of the
11efficacy and success of the programs developed through the
12interagency agreement established pursuant to this section, conduct
13the evaluations, and report findings from the evaluations to the
14Legislature and the Governor on or before July 31, 2018.

15(c) (1) The requirement for submitting a report imposed under
16subdivision (b) is inoperative on July 31, 2022, pursuant to Section
1710231.5 of the Government Code.

18(2) A report to be submitted pursuant to subdivision (b) shall
19be submitted in compliance with Section 9795 of the Government
20Code.

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21

SEC. 2.  

Section 84810.7 is added to the Education Code, to
22read:

23

84810.7.  

(a) The Department of Corrections and Rehabilitation
24shall, in collaboration with the Chancellor of the California
25Community Colleges establish the Innovative Career Technical
26Education Grant Program.

27(b) The general educational and workforce development goals
28and details regarding the administration of the Innovative Career
29Technical Education Grant Program shall be included in an
30interagency agreement entered between the Department of
31Corrections and Rehabilitation and the Office of the Chancellor
32of the California Community Colleges. The Department of
33Corrections and Rehabilitation shall, in collaboration with the
34Office of the Chancellor of the California Community Colleges
35develop metrics for evaluations of the efficacy and success of the
36grant program. Beginning in July of 2017, and every three years
37thereafter, the Department of Corrections and Rehabilitation shall
38report findings from conducting these evaluations to the Legislature
39and the Governor.

P6    1(c) Grants shall be awarded to community colleges to offer
2career technical education and workforce development programs
3for inmates in state correctional facilities to supplement, but not
4to duplicate or supplant, any adult education course offered at that
5facility by the Office of Correctional Education of the Department
6of Corrections and Rehabilitation. The grants may include funds
7for the equipment and instructional materials, including
8improvements to existing equipment and facilities, necessary for
9the instruction of these career technical education and workforce
10development programs. Equipment and instructional materials
11purchased with grant funds shall be used to provide career technical
12education and workforce development programs for inmates in
13state correctional facilities.

14(d) Innovative career technical education programs developed
15and provided by community colleges pursuant to this section shall
16provide all of the following:

17(1) Career technical education and experiential educational
18courses and training necessary to obtain high skill, high pay
19employment, or to enter apprenticeship programs upon release
20from prison.

21(2) Sequences of courses leading to industry, business, or state
22certification.

23(3) Community college courses that offer units transferable
24within the California Community Colleges system and to the
25University of California and the California State University, to the
26extent that the campuses offer related programs.

27(4) Information on reentry programs with job search assistance,
28and, where possible, information about employers with a record
29of hiring participants of the program with similar skills education
30upon their release from prison.

31(5) If applicable, information about preapprentice and
32state-certified apprenticeship programs with a record of hiring
33participants of the program with similar skills education upon their
34release from prison.

35(e) (1) (A) The sum of two million dollars ($2,000,000) is
36hereby appropriated from the Recidivism Reduction Fund to the
37Chancellor of the California Community Colleges for Innovative
38Career Technical Education grant programs for the 2014-15 fiscal
39year. Of the amount appropriated pursuant to this subdivision:

P7    1(i) Three hundred thousand dollars ($300,000) shall be used to
2identify the components essential for the creation of innovative
3career technical education programs, to develop the metrics upon
4which programs are to be assessed, and to administer the planning
5grant application and award process.

6(ii) One million seven hundred thousand dollars ($1,700,000)
7shall be used for up to 20 competitive planning grants of up to one
8hundred thousand dollars ($100,000) each for community colleges
9in the 2014-15 fiscal year.

10(B) The innovative career technical education programs
11developed under this section shall be consistent with the
12performance metrics, developed under this subdivision, upon which
13these programs will be assessed. These programs shall also consider
14the availability of existing equipment and resources of the partner
15prisons upon which to build courses. Planning grant funds may
16also be used for the purchase of instructional materials and
17equipment in preparation for the receipt of implementation grants
18in the 2015-16 fiscal year.

19(2) In any fiscal year, up to five hundred thousand dollars
20($500,000) of residual funds may be retained by the chancellor’s
21office to supplement implementation grant funds in subsequent
22fiscal years by making funds available for additional instructional
23materials and equipment to the grantees on a competitive basis.
24Any residual funds remaining after five hundred thousand dollars
25($500,000) have been allocated pursuant to this paragraph in any
26fiscal year shall be returned to the Recidivism Reduction Fund.
27As used in this section, “residual funds” means any unencumbered
28funds appropriated under this subdivision for a fiscal year that
29remain after all of the grants awarded for that fiscal year have been
30funded.

31(3) From funds provided in the annual Budget Act for the
322015-16, 2016-17, 2017-18, 2018-19, and 2019-20 fiscal years,
33there shall be funded up to 20 innovative career technical education
34implementation grants per fiscal year.

35(4) From funds not expended between the commencement of
36the 2014-15 fiscal year and the end of the 2019-20 fiscal year, an
37amount not to exceed one hundred fifty thousand dollars ($150,000)
38per fiscal year may be used by the Chancellor of the Community
39Colleges, for the identification of best practices and the ongoing
40administration and evaluation of the grant programs.

P8    1(f) On or before July 1, 2015, the Department of Corrections
2and Rehabilitation, in consultation with the Chancellor of the
3California Community Colleges, shall develop administrative
4guidelines for community college education programs operating
5in prison facilities that include, but are not necessarily limited to,
6all of the following:

7(1) Academic and education level attainment priorities for
8inmate participation in classes.

9(2) Conditions for community college faculty, staff, and
10volunteers when serving in the facilities.

11(3) Faculty-to-inmate ratios for various types of educational
12programs.

13(4) Time reduction credits that may be earned by prisoners for
14their participation in programs.

15(5) Suspension of courses during lockdowns.

16(6) Inmate participation preferences which may ensure greater
17success in obtaining industry certifications and employability upon
18release.

19(7) Other guidelines as deemed appropriate.

20(8) Authorized equipment and tools allowed in the facility.

21(9) Coordination with the Office of Correctional Education of
22the Department of Corrections and Rehabilitation regarding
23program offerings.

24(g) The Legislative Analyst’s Office shall conduct a
25comprehensive evaluation of the Innovative Career Technical
26Education grant programs and other inmate education programs
27for purposes of making informed policy decisions and for
28cost-benefit analysis of the investments made in inmate education.
29The analysis shall include a review of coordination efforts between
30community colleges and the Office of Correctional Education of
31the Department of Corrections and Rehabilitation and a discussion
32of whether existing programs were supplanted by community
33college offerings. The evaluation shall be submitted to the
34Governor and to the Legislature on or before January 1, 2020, in
35compliance with Section 9795 of the Government Code.

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