BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 425 (Hernandez) - Career training: adult students.
          
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          |Version: April 21, 2015         |Policy Vote: ED. 7 - 0          |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: May 18, 2015      |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill, an urgency measure, authorizes the  
          Superintendent of Public Instruction (SPI), for purposes of  
          participation in Title IV authorized federal student financial  
          assistance programs, to: 1) certify by name a regional  
          occupational center and program, a county office of education,  
          or an adult school; 2) adopt regulations that authorize a  
          complaint process under the Uniform Complaint Procedures  
          outlined in specified regulations; and to 3) decertify any  
          program no longer in compliance with specified federal  
          regulations.


          Fiscal  
          Impact:  
           This bill will create new one-time costs to CDE workload of  
            $60,000 to $100,000, and ongoing workload of about $55,000  
            General Fund per year to create and maintain a certification  
            process for adult education programs for the purpose of  
            participation in Title IV authorized federal student financial  







          SB 425 (Hernandez)                                     Page 1 of  
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            assistance programs.  

           This bill also requires the CDE to adopt regulations  
            authorizing complaints to be made through the Uniform  
            Complaint Procedure process which will create additional,  
            potentially significant new workload, depending on how many  
            complaints are received.  These costs are unknown, but a  
            recent law authorizing complaints to be filed for  
            noncompliance with student fees, required additional staffing  
            at CDE. 


          Background:  Existing federal law outlines the requirements for eligibility  
          to participate in Title IV federal financial assistance programs  
          for postsecondary education institutions.  Federal regulations  
          define postsecondary vocational institution for this purpose  
          and, among other things, require that an educational  
          institution:

             1.   Be legally authorized by a state to operate educational  
               programs beyond secondary education.

             2.   Have a process to review and act appropriately on  
               complaints concerning postsecondary institutions. (34 Code  
               of Federal Regulations § 600.6, § 600.9)

          Existing law authorizes school county superintendents to  
          establish Regional
          Occupational Centers and Programs (ROCPs) that allow students  
          from multiple schools or districts to participate in career  
          technical training programs regardless of the geographical  
          location of their residence in a county or region.  (Education  
          Code § 52300, et. seq.)

          Existing law authorizes a school district governing board, with  
          the approval of the
          CDE, to establish and maintain classes for adults, as specified,  
          and outlines various requirements to be met by these programs.   
          Adult schools and evening high schools are required to consist  
          of classes for adults and are authorized to admit minors if  
          specified conditions are met.  (Education Code § 52500-52610)


          Proposed Law:  








          SB 425 (Hernandez)                                     Page 2 of  
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           This bill, an urgency measure, authorizes the SPI to certify  
          specified career training programs for the purpose of  
          participating in Title IV authorized federal student financial  
          assistance programs.  Specifically it:

             1.   Authorizes the SPI to certify by name, any ROCP, 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,  
               including an education program that leads to a degree or  
               certificate.

             2.   Extends this authority exclusively for the purpose of  
               participation in Title IV authorized federal student  
               financial assistance programs.

             3.   Requires a ROCP, county office of education, or adult  
               education program applying for certification to comply with  
               both of the following:

                  A.        Satisfy all applicable eligibility  
                    requirements in specified federal regulations.

                  B.        Apply in writing to the SPI as an individual  
                    entity to be considered for certification.

             4.   Authorizes any person to file a complaint under the  
               Uniform Complaint Procedures regarding an alleged violation  
               by a local agency of federal or state law governing adult  
               education programs or ROCPs, including allegations of  
               unlawful discrimination, harassment, intimidation, or  
               bullying, and requires the SPI to adopt regulations to  
               implement this authorization.

             5.   Authorizes the SPI to decertify a ROCP, county office of  
               education, or adult education program, for purposes of  
               participation in Title IV authorized federal student  
               financial assistance programs, upon a determination that  
               the entity is no longer in compliance with the specified  
               federal regulations.










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          Related  
     Legislation:1.  AB 907 (Burke), almost identical to this bill, has been placed on  
          the suspense file in the Assembly Appropriations Committee.  

          AB 1181 (Calderon) declares the Legislature's intent that  
          regional occupational centers will serve state and national  
          interests in providing secondary and postsecondary career  
          technical and technical education to students and authorizes  
          adult schools and evening high schools to include postsecondary  
          career technical education programs.  AB 1181 is pending in the  
          Assembly Education Committee.


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