BILL NUMBER: AB 1237	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 18, 2011

   An act  to add Section 66015.15 to the Education Code, 
relating to postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1237, as amended, Nestande. Postsecondary education: 
funding.   finance: remedial instruction. 
   Existing law, the Donahoe Higher Education Act, sets forth, among
other things, the missions and functions of California's public and
independent segments of higher education, and their respective
institutions of higher education. Existing law establishes the
University of California, under the administration of the Regents of
the University of California, and the California State University,
under the administration of the Trustees of the California State
University,  and the California Community Colleges, under the
administration of the Board of Governors of the California Community
Colleges,  as  2 of  the  3  public
segments of postsecondary education.  Provisions of the
Donahoe Higher Education Act apply to the University of California
only to the extent that the regents act, by resolution, to make these
provisions applicable.  Provisions of the act express
legislative intent with respect to the determination of standards and
criteria for admission to the University of California and the
California State University. 
   This bill would state the intent of the Legislature to enact
legislation to prohibit the use of state funds for remedial
coursework at the University of California and California State
University.  
   Existing provisions of the California Constitution require that a
minimum amount of funding be applied for the support of the public
school system and community college districts based on a calculation
made each fiscal year pursuant one of the 3 specified tests that is
applicable to that fiscal year.  
   This bill would specify that only General Fund moneys meeting that
minimum funding requirement may be appropriated for purposes of
supporting remedial instruction in coursework required prior to
enrollment in coursework offered for college credit by the California
State University and the University of California. The bill would
authorize the appropriation of specified funds meeting the minimum
funding requirement to community college districts for the support of
remedial instruction for community college students who are
provisionally accepted for admission to the California State
University or the University of California. The bill would make
related legislative findings and declarations. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 66015.15 is added to the 
 Education Code  , to read:  
   66015.15.  (a) The Legislature finds and declares all of the
following:
   (1) High school graduates in this state should be prepared for
coursework that is offered for credit by the California State
University and the University of California.
   (2) Only General Fund moneys that count toward meeting the minimum
state funding requirement pursuant to Section 8 of Article XVI of
the California Constitution shall be used to pay for instruction in
secondary education coursework.
   (b) General Fund moneys that do not count toward meeting the
minimum state funding requirement pursuant to Section 8 of Article
XVI of the California Constitution shall not be appropriated for
purposes of supporting remedial instruction of college students in
coursework that is required prior to enrollment in coursework offered
for college credit by the California State University or the
University of California.
   (c) Notwithstanding any other law, including Sections 41203 and
41203.1, funds that may otherwise be appropriated to school districts
for instruction of pupils in kindergarten and grades 1 to 12,
inclusive, may instead be appropriated to community college districts
to fund remedial instruction of community college students who are
provisionally accepted to the California State University or the
University of California, for purposes of completing academic
coursework that is required prior to enrollment in coursework offered
for college credit.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to prohibit the use of state funds for remedial
coursework at the University of California and California State
University.