BILL ANALYSIS
AB 1702
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1702 (Swanson) - As Amended: April 5, 2010
Policy Committee: Higher
EducationVote:8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill allows California Community Colleges (CCCs) to receive
full funding for credit-course instruction offered in
correctional institutions. Specifically, this bill:
1)Waives "open course" provisions for community college courses
offered in state correctional facilities, thus conforming to
current allowances for such courses offered in local or
federal correctional facilities.
2)Allows attendance hours generated by credit courses at all
correctional facilities to be funded at the full credit rate
rather than the lower, non-credit rate.
3)Prohibits districts from claiming state apportionments for
instruction in correctional facilities if the district is
fully compensated by another entity for the costs of direct
instructional services, and requires districts to deduct any
partial compensation for correctional facility education from
their apportionment.
FISCAL EFFECT
1)Based on almost identical legislation in 2009, annual General
Fund (Prop. 98) costs for converting existing courses in to
the full credit rate at local and federal institutions, based
on the most recent data, is $329,000.
(Credit funding per FTES is currently $4,565, and non-credit
funding per FTES is $2,745. According to the CCC Chancellor's
Office, districts provided credit courses for 1,769 FTES in
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local and federal correctional facilities in 2006-07. The
majority (1,588 FTES) already receive full credit funding as
distance education courses open to the public. Under this
bill, the remaining FTES (181) would now receive full credit
apportionment.
2)Additional costs would depend on the number of FTEs taking
classes in state correctional facilities and thus eligible for
apportionment funding under this bill. For every 100
for-credit FTEs, annual GF (Prop. 98) costs would increase by
$456,000. Community colleges are limited to enrollment caps
that arguably would make this a zero sum change, but not all
colleges are at their caps, thus expanding access and funding
rates creates enrollment and funding pressure.
COMMENTS
1)Purpose . According to the author's office, this bill is
intended to "remove the current barriers and disincentives to
CCC coursework in correctional facilities to help address the
inadequate educational attainment that leads to the state's
high incarceration and recidivism rates."
The California Department of Corrections and Rehabilitation
(CDCR) is funded to provide inmate education in state
correctional facilities. The 2009-10 Budget Act included a
$1.2 billion unallocated cut to CDCR's budget. In response,
CDCR implemented a $250 million reduction in rehabilitative
programs, including academic, vocational, substance abuse and
other programs for inmates and parolees.
Current law prohibits CCCs from claiming state funding for
classes that are not open to the public, however, an exemption
is allowed for inmate education in city, county and federal
correctional facilities, with funding provided at non-credit
rates. State funding under this exemption is not allowed for
CCC classes in state correctional facilities.
2)Prior Legislation . In 2009, SB 574 (Hancock, 2009), which was
virtually identical to this bill, was held on Suspense in
Senate Appropriations. In 2008, SB 413 (Scott), also a
virtually identical bill, was vetoed, with the governor
arguing that the bill "appears to create inappropriate fiscal
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incentives for community colleges, state prisons, local
correctional agencies, and other contracting entities that may
lead to supplanting current funding provided through the
California Department of Corrections and Rehabilitation."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081