BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1702 (Swanson)
          
          Hearing Date:  08/02/2010           Amended: 05/28/2010
          Consultant:  Dan Troy           Policy Vote: ED 8-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 1702 would waive "open course" provisions for  
          community college courses offered in state correctional  
          facilities and would allow attendance hours generated by credit  
          courses at all correctional facilities to be funded at the full  
          credit rate.  This bill would also provide that community  
          college districts may not claim state apportionments for  
          instruction in correctional facilities if the district is fully  
          compensated by another entity for the costs of direct  
          instructional services.  Also, the bill would require districts  
          to deduct any partial compensation for correctional facility  
          education from their apportionment.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Conversion to full credit         $329        $329       
          $329General*

          State correctional facilities        $456, depending on CCC  
          response                    General*
                                            to funding changes

          *Counts toward meeting the Proposition 98 minimum funding  
          guarantee     
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Under current law, community colleges may not receive state  
          funding for courses that are not open to the public.  This  
          provision is waived for courses offered at city, county and  
          federal correctional facilities, but not at state correctional  
          facilities.  Further, current law only allows courses in  
          correctional facilities to be funded at the lower noncredit rate  










          even if the courses are for credit.  

          This bill would increase state costs by allowing community  
          colleges to claim funding for courses taught at state  
          correctional facilities and by funding credit courses provided  
          at these facilities at the full credit rate (noncredit courses  
          would still be funded at the lower noncredit rate).  Currently,  
          for-credit courses are funded at the rate of $4,565 per  
          full-time equivalent (FTE) and noncredit courses at $2,745 per  
          FTE.

          According to data provided by the Chancellor's office in prior  
          years, community college programs projected serving credit  
          courses for 1,769 FTEs in the 2006-07 fiscal year.  The majority  
          of these FTEs (1,588) would already receive full credit funding  
          as courses are offered through distance education courses open  
          to the public.  Under this bill, the reminder (181) would now  
          receive full credit apportionments, generating a cost to the  
          state of $329,000 (181 * $1,820).  

          Additional costs could arise depending on the number of FTEs  
          that would take classes
          Page 2
          AB 1702 (Swanson)

          at a state correctional facility.  Staff notes that for every  
          100 for-credit FTEs authorized under this provision, state costs  
          would increase by $456,000.  While community colleges are  
          limited to enrollment caps which some suggest would make this a  
          zero sum change, staff notes that not all colleges are at their  
          caps and that expanding access and funding rates clearly creates  
          pressure to increase funds.

          There have been many similar bills heard by this committee in  
          recent years.  SB 574 (Hancock, 2009) was held in this committee  
          last year.  SB 413 (Scott, 2008) was vetoed by the Governor in  
          2008, whose veto message indicated a concern that the bill would  
          supplant funding for education provided by the Department of  
          Corrections and Rehabilitation.  SB 1460 (Cox) was held by this  
          committee 2006.  SB 672 (Cox, 2005) was also vetoed by the  
          Governor, who noted in his message that courses offered at  
          correctional facilities should be not funded at full credit  
          rates since these offerings did not incur costs for facilities  
          or student services.