BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 425 (Hernandez) - Career training: adult students. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 21, 2015 |Policy Vote: ED. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 ? 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 ? 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. SB 425 (Hernandez) Page 3 of ? 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. -- END --