BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 478
          AUTHOR:        Hernandez
          AMENDED:       April 7, 2011
          FISCAL COMM:   Yes            HEARING DATE:  June 22, 2011
          URGENCY:       No             CONSULTANT:    Daniel Alvarez

           SUBJECT  :  Community colleges: funding.
          
           SUMMARY 

          This bill eliminates the 2 percent cap on the amount of 
          unemployment exceeding 5 percent that the California 
          Community Colleges (CCC) must use for purposes of 
          calculating the annual request for enrollment growth 
          funding.

           BACKGROUND  

          Current law (Education Code § 84750.5) requires the CCC 
          Board of Governors to develop criteria and standards, in 
          accordance with specified statewide minimum requirements 
          for the purposes of making the annual budget request for 
          community colleges to the Governor and the Legislature.  
          Among other things, the statewide minimum requirements 
          include requesting funding annually for enrollment growth 
          based on the following:

             a)   Weighted average of the adult population-rate 
               change for ages 19-24 and 25-65, as determined by the 
               Department of Finance.

             b)   To the extent the California unemployment rate 
               exceeds 5 percent, the positive difference is added; 
               however in no event shall the positive difference 
               exceed a 2 percent.

             c)   Unfunded full-time equivalent students (FTES) in 
               the areas of transfer, vocational education, and basic 
               skills.

          Current law also specifies legislative intent that nothing 




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          shall be construed as limiting the authority either of the 
          Governor to propose, or the Legislature to approve, 
          appropriations for California Community Colleges programs 
          or purposes.

           ANALYSIS
           
          This bill eliminates the 2 percent cap on the amount of 
          unemployment exceeding 5 percent that the California 
          Community Colleges (CCC) must use for purposes of 
          calculating the annual request for enrollment growth 
          funding.

           
          STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, 
               "unemployment and CCC enrollment have a strong 
               positive correlation. While fiscal constraints may 
               preclude the Legislature and administration from 
               funding growth up to the level of demand, current law 
               prevents the community colleges from even considering 
               appropriately correlating demand for CCC courses with 
               the current high rates of unemployment ." This measure 
               would not require increased funding for student growth 
               but it will change the nature of the budget 
               discussions to emphasize the need for more community 
               college funding during periods of high unemployment.

          2)   Current unemployment calculation misrepresents 
               reality.   The 2 percent cap ensures that the CCC's can 
               never report an unemployment rate greater than 7 
               percent (the 5% threshold plus the 2% cap), limiting 
               future cost pressures on the state budget.  This 
               artificial suppression of unemployment data comes at 
               the expense of accurate information.  For example, as 
               of January 2011, unemployment in California is 12.4 
               percent, which CCC would not be able to accurately 
               report in its budget request despite its likely impact 
               on demand for CCC courses and services.

           3)   Assembly Appropriations Committee  .  In their analysis 
               of this measure the Assembly Appropriations Committee 
               cited potentially significant Proposition 98 cost 
               pressure to allocate additional funding for enrollment 
               growth during periods of high unemployment.  For 




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               example, a 10 percent unemployment rate would yield a 
               request from the CCC's for an additional 3 percent 
               enrollment growth equal to approximately $175 million 
               at current funding rates.  Actual funding for CCC 
               enrollment growth is determined through the annual 
               state budget process.

           4)   Prior Legislation  :  AB 385 (Block) of 2009 was 
               substantially similar to this bill.  AB 385 was held 
               in the Senate Education Committee at the request of 
               the author. 

           SUPPORT  

          California Community Colleges Chancellor's Office
          California School Employees Association
          Faculty Association of California Community Colleges 
          (sponsor)

           OPPOSITION

           None on file.