BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 216 (Swanson)
Hearing Date: 08/25/2011 Amended: As Introduced
Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 9-0
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BILL SUMMARY: AB 216 waives the open course requirement for
California community college (CCC) courses offered in state
correctional facilities and allows attendance hours generated by
credit courses to be funded at the credit rate, instead of the
noncredit funding rate.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Conversion to "for credit" rate $329 $329
$329General*
State correctional facilities Significant costs; likely
hundreds of thousands General*
*Counts toward meeting the Proposition 98 minimum funding
guarantee
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STAFF COMMENTS: SUSPENSE FILE.
Existing law does not permit CCCs to receive state funding for
courses that are not open to the public, except for courses
offered at city, county and federal correctional facilities (but
not at state correctional facilities). Courses offered to state
correctional inmates must be "distance education" courses open
to the public, as well. Under existing law, CCC courses offered
in local and federal correctional facilities that are not open
to the public are funded at a "noncredit rate" (which is less
than a "for credit rate"), even if the courses are actually for
credit.
This bill would waive the "open course" provisions for CCC
courses offered in state correctional facilities, thus
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conforming to current allowances for CCC courses in local or
federal correctional facilities, for which the college receives
funding even though the courses are not open to the general
public. The CCCs would be able to offer courses in state
correctional facilities, and receive apportionments for those
courses. Additionally, this bill would allow attendance hours
generated by credit courses, at all correctional facilities to
be funded at the corresponding rates for those types of courses
rather than at the lower, noncredit rate at which the existing
exception courses are funded.
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 student (FTES), career development and
college preparation noncredit courses are funded at $3,237 per
FTES, and noncredit courses at $2,745 per FTES.
According to the CCC Chancellor's Office, community college
programs projected serving credit courses for 1,769 FTES in the
2006-07 fiscal year (which is the most recent survey data
available). The majority of these FTES would already receive
full credit funding, because the courses are distance education
courses also open to the public. Under this bill, the remaining
would also receive full credit apportionments, which are $1,820
per FTES. For the 181 converted course rates, the cost would be
approximately $329,000 per FTES.
The Department of Corrections and Rehabilitation (CDCR) has
sustained substantial budget reductions in recent years. The
CDCR has, in turn, reduced many of its programs including inmate
education and training programs. The 2011-12 Budget allocates
$99.5 million for inmate education programs, which is less than
half of the $206 million spent in 2008-09. Waiving the open
course requirements (which would allow CCCs to offer courses in
state correctional facilities) combined with increased fiscal
incentive for the CCCs to offer courses in state prisons would
likely lead to an expansion of course offerings and costs.
These additional costs would depend on the number of FTES that
would take classes
at a state correctional facility. For every 100 for-credit FTES
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authorized under this provision, state costs would increase by
$456,000. While community colleges are limited to enrollment
caps, staff notes that expanding access and funding rates
creates pressure to increase funds and incentivizes community
colleges to augment prison education programs statewide.
There have been many similar bills heard by this committee in
recent years. AB 1702 (Swanson 2010) was held in this committee
last year, and SB 574 (Hancock, 2009) was held in this committee
the prior year. SB 413 (Scott, 2008) was vetoed by the Governor
in 2008. 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.