SB 425,
as amended, Hernandez. begin deleteCareer training: adult students. end deletebegin insertCity of El Monte: maintenance of effort: streets and roads allocations.end insert
Existing law imposes a maintenance of effort requirement on cities and counties with respect to receipt of streets and roads funds from gasoline sales tax revenues in the Transportation Investment Fund. Under the maintenance of effort requirement applicable to this now-repealed source of revenues, a city or county was required to maintain annual streets and roads expenditures from its general fund equal to the annual average of its expenditures from that source during the 1996-97, 1997-98, and 1998-99 fiscal years. If a city or county failed to comply with the maintenance of effort requirement in a particular fiscal year, existing law provided that it could alternatively comply by expending in that year and the following fiscal year a combined total amount that is not less than the amount otherwise required to be expended in the 2 fiscal years. Existing law provides specified exceptions to the maintenance of effort requirement for the County of Fresno and the City of Santa Rosa.
end insertbegin insertThis bill would give the City of El Monte until December 31, 2019, to meet the maintenance of effort requirement for receipt of streets and roads funds from the Transportation Investment Fund for any fiscal year between 2006-07 and 2010-11, inclusive.
end insertbegin insertThe bill would make legislative findings and declarations as to the necessity of a special statute for the City of El Monte.
end insert(1) Existing law authorizes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs.
end deleteThe bill would authorize the Superintendent of Public Instruction to certify, by name, any regional occupational center or program, county office of education, or adult education program, that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, as specified.
end delete(2) This bill would declare that it is to take effect immediately as an urgency statute.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Notwithstanding subdivision (f) of Section
27104.2 of the Revenue and Taxation Code or any other provision
3of law, the City of El Monte shall have until December 31, 2019,
4to meet the maintenance of effort requirement applicable to cities
5in order to receive a streets and roads allocation from the
6Transportation Investment Fund for any fiscal year between
72006-07 and 2010-11, inclusive.
8(b) The Legislature finds and declares that a special law is
9necessary and that a general law cannot be made applicable within
10the
meaning of Section 16 of Article IV of the California
11Constitution because of the unique transportation funding needs
12in the City of El Monte.
(a) The Legislature finds and declares all of the
14following:
P3 1(1) Career training for adults is an important part of workforce
2and economic development in California.
3(2) Many of California’s neediest adult students require financial
4aid to support their career training.
5(3) Historically, those neediest adult students have had access
6to federal financial aid under Title IV of the federal
Elementary
7and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.).
8(4) Recent revisions in federal regulations governing Title IV
9of the federal Elementary and Secondary Education Act (20 U.S.C.
10Sec. 6301 et seq.) have eliminated the eligibility for financial aid
11for adult students in many of California’s career training programs
12operated by local educational agencies, even though adults in those
13programs have been historically eligible.
14(b) The Legislature therefore supports all of the following:
15(1) Adult students’ access to career training programs that will
16improve or expand their job skills and employability.
17(2) Adult students’ access to federal financial aid that may be
18used for career training programs and services.
19(3) Providers of career training programs for adult students, as
20those providers work to satisfy federal requirements necessary to
21establish federal financial aid eligibility for those adult students.
Section 52334.7 is added to the Education Code, to
23read:
(a) The Superintendent may certify, by name, any
25regional occupational center or program, county office of
26education, or adult education program, that provides a program of
27training to prepare adult students for gainful employment in a
28recognized occupation, upon the center, program, or office’s
29satisfaction of the requirements in subdivision (b), to legally
30authorize the center, program, or office to provide an educational
31program beyond secondary education, including an education
32program that leads to a degree or certificate, for purposes of the
33center, program, or office participating in any student financial
34assistance program authorized by Title IV of the Higher Education
35Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
36(b) A
regional occupational center or program, county office of
37education, or adult education program applying for certification
38pursuant to subdivision (a) shall comply with both of the following:
39(1) Satisfying all applicable eligibility requirements specified
40in federal rulemaking pursuant to Sections 600.6, 600.7, and 600.9
P4 1of Title 34 of the Code of Federal Regulations, other than the
2authorization provided for in subdivision (a).
3(2) Applying in writing to the Superintendent, as an individual
4center, program, or office, to be considered for certification
5pursuant to subdivision (a).
6(c) Any person may file a complaint under the Uniform
7Complaint Procedures, as set forth in Title 5 of the California Code
8of Regulations, regarding an alleged violation by a local agency
9of federal or state law or regulations governing
adult education
10programs or regional occupational centers and programs, including
11allegations of unlawful discrimination, harassment, intimidation,
12or bullying.
13(d) The Superintendent shall adopt regulations that authorize
14any person to file a complaint under the Uniform Complaint
15Procedures, as set forth in Title 5 of the California Code of
16Regulations, regarding an alleged violation by a county office of
17education of federal or state law or regulations governing that
18county office of education’s participation in any student financial
19assistance program authorized by Title IV of the Higher Education
20Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.), including
21allegations of unlawful discrimination, harassment, intimidation,
22or bullying.
23(e) The Superintendent may decertify, for purposes of
24participating in any student financial assistance program authorized
25by Title IV of the
Higher Education Act of 1965, as amended (20
26U.S.C. Sec. 1070 et seq.), a regional occupational center or
27program, county office of education, or adult education program
28previously certified in accordance with subdivision (a) if the
29Superintendent determines that the regional occupational center
30or program, county office of education, or adult education program
31is no longer in compliance with the requirements outlined in
32subdivision (b).
This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
35the meaning of Article IV of the Constitution and shall go into
36immediate effect. The facts constituting the necessity are:
37In order for regional occupational centers and programs, county
38offices of education, adult schools, and evening high schools to
P5 1satisfy federal requirements in order to participate in federal student
2aid programs, it is necessary for this act to take effect immediately.
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