Amended in Assembly August 17, 2015

Amended in Assembly July 6, 2015

Amended in Assembly June 19, 2015

Senate Bill No. 786

Introduced by Senator Allen

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(Coauthor: Senator Hall)

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(Coauthors: Assembly Members Burke, Cristina Garcia, Hadley, and Lackey)

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February 27, 2015

An act to amend Sections 84907 and 84908 of, and to add Section 84908.5 to, the Education Code, relating to adult begin delete education. end delete begin insert education, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 786, as amended, Allen. Adult education: Adult Education Block Grant Program.

Existing law establishes the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The program requires the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified. The program also requires the chancellor and the Superintendent, with the advice of the executive director, to certify, no later than July 31, 2015, the amount of state funds required to be expended for adult education by a school district and county office of education, as specified. The program further requires the chancellor and the Superintendent to apportion funds appropriated for the program in the Budget Act of 2015 to each school district and county office of education by August 30, 2015, in accordance with a specified formula and, by October 30, 2015, to allocate the funds that remain after the apportionment to each consortium, as specified.

This bill would also provide that the chancellor and the Superintendent, with the advice of the executive director, (1) certify the amount of state funds required to be expended for adult education by joint powers authorities consisting of one or more community colleges, school districts, or county offices of education, or a combination of these, (2) apportion an amount to each of these joint powers authorities in accordance with the same formula, and (3) allocate to each consortium the funds that remain after this apportionment, as specified. In regard to these joint powers authorities, the deadlines in existing law would not apply.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 84907 of the Education Code is amended
to read:

84907.  

No later than July 31, 2015, the chancellor and the
Superintendent, with the advice of the executive director, shall
certify, for each school district, county office of education, or joint
powers authority consisting of one or more community college
districts, school districts, or county offices of education, or a
combination of these, the amount of state funds required to be
expended for adult education pursuant to paragraph (7) of
subdivision (a) of Section 42238.03, and paragraph (3) of
subdivision (k) of Section 2575, respectively.

SEC. 2.  

Section 84908 of the Education Code is amended to
read:

84908.  

(a) If the total amount certified for all school districts,
county offices of education, and joint powers authorities pursuant
to Section 84907 is less than three hundred seventy-five million
dollars ($375,000,000), the chancellor and the Superintendent shall
do both of the following:

(1) Apportion funds appropriated for the program in the Budget
Act of 2015, no later than August 30, 2015, to each school district,
county office of education, or joint powers authority in an amount
equal to the amount certified for that school district, county office
of education, or joint powers authority, pursuant to Section 84907.
As a condition of receipt of an apportionment, a school district,
county office of education, or joint powers authority is required
to be a member of a consortium.

(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for the program in
the Budget Act of 2015 that remain after funds have been
apportioned pursuant to paragraph (1).

(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this
paragraph based on that adult education region’s share of the
statewide need for adult education.

(B) Using the schedule approved pursuant to subparagraph (A),
the chancellor and the Superintendent shall do one of the following
for each consortium:

(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after
approval of the schedule pursuant to subparagraph (A).

(ii) Apportion funds to members of a consortium beginning no
more than 30 days after receipt of a final distribution schedule
from that consortium.

(b) If the total amount certified for all school districts, county
offices of education, and joint powers authorities pursuant to
Section 84907 equals or exceeds three hundred seventy-five million
dollars ($375,000,000), the chancellor and the Superintendent shall
do both of the following:

(1) Apportion funds appropriated for the program in the Budget
Act of 2015, no later than August 30, 2015, to each school district,
county office of education, or joint powers authority in an amount
equal to the amount certified for that school district, county office
of education, or joint powers authority pursuant to Section 84907
multiplied by three hundred seventy-five million dollars
($375,000,000), divided by the total amount certified for all school
districts, county offices of education, and joint powers authorities
pursuant to Section 84907.

(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for this program in
the Budget Act of 2015 that remain after funds have been
apportioned pursuant to paragraph (1).

(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this
paragraph based on that adult education region’s share of the
statewide need for adult education.

(B) Using the schedule approved pursuant to subparagraph (A),
the chancellor and the Superintendent shall do one of the following
for each consortium:

(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after
approval of the schedule pursuant to subparagraph (A).

(ii) Apportion funds to members of a consortium beginning no
more than 30 days after receipt of a final distribution schedule
from that consortium.

(c) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 3.  

Section 84908.5 is added to the Education Code, to
read:

84908.5.  

The chancellor and the Superintendent may certify,
as required in Section 84907, and apportion, as required in Section
84908, funds after the dates enumerated in those sections for a
joint powers authority consisting of one or more community college
districts, school districts, county offices of education, or a
combination of these.

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to enable any joint powers authority participating in
an adult education consortium to comply with the current year
statutory deadlines that must be met for purposes of establishing
the joint powers authority’s maintenance of effort level, it is
necessary that this act take effect immediately.

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