Amended in Assembly January 23, 2014

Amended in Assembly January 15, 2014

Amended in Assembly January 6, 2014

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1271

Introduced by Assembly Members Bonta and Jones-Sawyer

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member Wilk end delete begin insert Members Chá end insert begin insert vez and Wilk end insert )

February 22, 2013

An act to amend Section 84810.5 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1271, as amended, Bonta. Community colleges: inmate education programs: computation of apportionments.

(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as a segment of public postsecondary education in the state.

Existing law, notwithstanding open course provisions in statute or regulations of the board of governors, authorizes the governing board of a community college district that provides classes for inmates of certain facilities, including a federal correctional facility, to include the units of full-time equivalent students generated in those classes for purposes of state apportionments.

This bill would instead require the open course provisions in statute or regulations of the board of governors to be waived for a governing board of a community college district that provides those classes for inmates, including inmates of state correctional facilities, and would authorize the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments.

(2) Existing law provides for the method of computing apportionments for purposes of these inmate education programs.

This bill would make revisions to that method of computation.

The bill would prohibit a community college district from claiming, under the bill, for purposes of apportionments, a class for which a district receives full compensation for its direct education costs for the conduct of the class from a public or private agency, individual, or group of individuals, and a class offered pursuant to a contract or instructional agreement entered into between the district and a public or private agency, individual, or group of individuals that has received from another source full compensation for the costs the district incurs under that contract or instructional agreement, as prescribed.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 84810.5 of the Education Code is
amended to read:

84810.5.  

(a) (1) Open course provisions in statute or
regulations of the board of governors shall be waived for a
governing board of a community college district that provides
classes for inmates of a city, county, or city and county jail, road
camp, farm for adults, or state or federal correctional facility. This
section shall not be construed to authorize the waiver of open
course provisions in any context or situation other than those that
are specifically authorized begin delete by end delete begin insert under end insert this section. Subject to
limitations set forth in subdivision (b), the board of governors may
include the units of full-time equivalent students (FTES) generated
in those classes for purposes of state apportionments.

(2) The attendance hours generated by credit courses shall be
funded at the marginal credit rate determined pursuant to paragraph
(2) of subdivision (d) of Section 84750.5. The attendance hours
generated by noncredit courses shall be funded at the noncredit
rate pursuant to paragraph (3) of subdivision (d) of Section
84750.5. The attendance hours generated by instruction in career
development and college preparation shall be funded at the rate
determined pursuant to paragraph (4) of subdivision (d) of Section
84750.5.

(b) (1) A community college district shall not claim, for
purposes of state apportionments pursuant to this section, a class
for which either of the following applies:

(A) The district receives full compensation for its direct
education costs for the conduct of the class from a public or private
agency, individual, or group of individuals.

(B) The district has a contract or instructional agreement, or
both, for the conduct of the class with a public or private agency,
individual, or group of individuals that has received from another
source full compensation for the costs the district incurs under that
contract or instructional agreement.

(2) In reporting a claim for apportionment to the Chancellor of
the California Community Colleges under this section, the district
shall report any partial compensation it receives from the sources
described in subparagraphs (A) and (B) of paragraph (1) during
the period for which the claim is made. The chancellor shall
subtract the amount of any partial compensation received from the
total apportionment to be paid.

(c) This section shall not be construed as providing a source of
funds to shift, supplant, or reduce the costs incurred by the
Department of Corrections and Rehabilitation in providing inmate
education programs.