Amended in Assembly August 19, 2015

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

(Coauthor: Senator Hall)

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

February 27, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 786, as amended, Allen. Adult education: Adult Education Block Grant begin delete Program. end delete begin insert Program: joint powers authorities. end insert

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 begin delete provide that end delete begin insert require end insert the chancellor and the begin delete Superintendent, with the advice of the executive director, (1) certify end delete begin insert Superintendent to certify, upon the request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, end insert the amount of state funds begin delete required to be end delete expended for adult begin insert career technical end insert education by begin insert that end insert joint powers begin delete 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. end delete begin insert authority in the 2012-13 fiscal year and to apportion an amount equal to the amount certified directly to that joint powers authority. As a condition of receipt of this apportionment, the bill would require the joint powers authority to be a member of an adult education consortium. end insert

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

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 84908.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 84908.5. end insert   

Notwithstanding Sections 84907 and 84908:

(a) Upon request of a joint powers authority consisting of
community college districts, school districts, or county offices of
education, or a combination of these, the chancellor and
Superintendent shall certify the amount of state funds expended
by the joint powers authority for adult career technical education
in the 2012-13 fiscal year pursuant to paragraph (7) of subdivision
(a) of Section 42238.03.

(b) If the amount certified pursuant to subdivision (a) equals
or exceeds 40 percent of the joint powers authority’s total state
funding received in the 2012-13 fiscal year, the joint powers
authority shall be deemed to have expended state funds for adult
education for the purposes of this article.

(c) The chancellor and Superintendent shall apportion funds
from Item 6870-201-0001 of the Budget Act of 2015 directly to the
joint powers authority equal to the amount certified pursuant to
subdivision (a). As a condition of receipt of an apportionment, the
joint powers authority is required to be a member of a consortium.

end insert

begin delete

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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

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:

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.