BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           574 (Hancock)
          
          Hearing Date:  05/28/2009           Amended: 04/21/09
          Consultant:  Dan Troy           Policy Vote: ED 9-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 574 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         2009-10      2010-11       2011-12     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: 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, community  
          college programs project 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
          SB 574 (Hancock)

          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.

          Similar legislation, SB 413 (Scott, 2008) was vetoed by the  
          Governor last year, whose veto message indicated a concern that  
          the bill would supplant funding for education provided by the  
          Department of Corrections and Rehabilitation.  A similar bill,  
          SB 1460 (Cox) was held in the Senate Appropriations Committee in  
          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.