BILL ANALYSIS Ó AB 1846 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON HIGHER EDUCATION Jose Medina, Chair AB 1846 (Lopez) - As Amended March 28, 2016 [Note: This bill is doubled referred to the Assembly Education Committee and will be heard as it relates to issues under its jurisdiction.] SUBJECT: Adult education consortium program. SUMMARY: Appropriates $250 million every fiscal year from the General Fund (GF) to the California Community Colleges (CCC) Chancellor and the California Department of Education (CDE) for adult education. Specifically, this bill: 1)Finds and declares the following intent of the Legislature: a) According to the Regional Planning Report of 2015 authored by the CCC Chancellor and the State Superintendent of Public Instruction, between the years of 2008 and 2013 an estimated 65 adult schools across California were closed; b) Increasing funding for the adult education consortium program to seven hundred fifty million dollars ($750,000,000) would restore adult education funding to its AB 1846 Page 2 2008 level; and, c) To add $250 million annually to the $500 million appropriated annually in recent state budgets for the adult education block grant program, as specified, for a total provided for these purposes each year of $750 million. 2)Appropriates $250 million every fiscal year from the GF to the CCC Chancellor and the CDE for ongoing support of the adult education consortium program implemented pursuant to Education Code (EC) Section 84830. EXISTING LAW: 1)Authorizes both the CCC and K-12 systems to offer and receive state funding for adult education courses (EC Sections 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; AB 1846 Page 3 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; h) Programs offering pre-apprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area; i) Adult programs in home economics; and, j) Adult programs in health and safety education (EC Section 41976). 3)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 Section 52612). 4)Prohibits the local governing board of a community college AB 1846 Page 4 district (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 Section 76380). 5)Charges the CCC Chancellor's Office (CCCCO) and the CDE to jointly implement an adult education planning process; authorizes the CCCCO and the CDE to distribute $25 million to regional consortia to develop plans with the shared goal of better serving the educational needs of California's adult learners; and, specifies that the following five areas are to be addressed in the plans: a) Elementary and secondary basic skills, including classes required for a high school diploma; b) Classes and courses for immigrants in English as a second language, citizenship, and workforce preparations; c) Education programs for adults with disabilities; d) Short-term career technical education programs with high employment potential; and, e) Programs for pre-apprenticeship training activities (EC Section 84830). FISCAL EFFECT: $25 million every fiscal year from the GF. COMMENTS: 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 AB 1846 Page 5 development (GED) certificate, become American citizens, acquire specific job skills, learn English, and/or become independent and productive parents and members of their community. During 2007 - 2008, adult education was funded at $750 million; however, due to the 2008 recession, adult education funding was reduced to less than half of its prior levels. Purpose of the measure. According to the author, "Today, for many immigrant families, adult education is a critical resource to pursue the American dream for the student and their family. As a state who is home to over 10 million immigrants it is important that we build upon the investment our state has already made to immigrant communities to provide them the resources to integrate into our society." This measure will appropriate an additional $250 million dollars to adult education in order to reach and serve more adults in need of education. 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 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. AB 86 Regional Consortia. The Governor, in January 2013, proposed in his 2013-2014 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 AB 1846 Page 6 contract with school districts to provide instruction. Due to concerns about the timing and structure of the proposal, the Governor's May 2013 revision of the budget withdrew the proposal and instead maintained 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). AB 86 specified that the plans developed by the regional consortia shall only include the provision of the following programs: 1)Elementary and secondary basic skills (GED); 2)Classes and courses for immigrants (citizenship, English as a second language); 3)Education programs for adults with disabilities; 4)Short-term career technical education programs; and, 5)Programs for apprentices. AB 104 (Chapter 13, Statutes of 2015) Adult Education Block Grant (AEBG). The 2015-2016 budget allocated $500 million and created the AEBG program to provide adult education services through regional consortia. The Superintendent of Public Instruction and CCC Chancellor jointly approve consortia, including governance structures and funding allocations, with the advice of the Executive Director of the State Board of Education. The 71 AEBG consortia are distributing funds to enhance consortium-wide outcomes. To note, an update on the progress of AB 1846 Page 7 the AEBG is due to the Governor and Legislature in September 2016. Committee consideration. While it is not uncommon for Legislators to seek to appropriate funds for a specific purpose through the policy process, the Committee and author may wish to consider what is the best method to appropriate funds for various programs. REGISTERED SUPPORT / OPPOSITION: Support California Adult Education Administrators Association California Council for Adult Education California Federation of Teachers Coalition for Humane Immigrant Rights of Los Angeles North Orange County Community College District Opposition AB 1846 Page 8 None on file. Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916) 319-3960