Amended in Assembly May 12, 2014

Amended in Assembly August 8, 2013

Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate April 24, 2013

Amended in Senate April 8, 2013

Senate Bill No. 173

Introduced by Senator Liu

February 5, 2013

An act to begin delete amend, repeal, and add Sections 41976 and 84757 of, and to end delete add Sections begin delete 52524, 76382, and 78402 to, end delete begin insert 52524, 78402, and 84757.5 to end insert the Education Code, relating to education funding.

LEGISLATIVE COUNSEL’S DIGEST

SB 173, as amended, Liu. Education funding: adult begin delete health and safety end delete education.

(1) Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, to execute numerous statutes and policies relating to the funding and governance of public elementary and secondary schools throughout the state. Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified.

begin insert

Existing law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for the development of regional plans for adult education. Existing law requires the chancellor and the department to submit a joint report relating to this adult education consortium program to the Legislature and the Governor on or before March 1, 2015.

end insert

This bill would require the department, in conjunction with the Office of the Chancellor of the California Community Colleges, to coordinate and issue assessment policy guidelines regarding assessments to be used by school districts and community college districts for purposes of placement in adult education courses offered by those districts begin insert as part of an adult education consortium end insert . The bill would also require the department and the chancellor’s office begin insert , as a part of the report required under the adult education consortium program, end insert to jointly begin delete establish and implement a comprehensive performance end delete begin insert develop and issue policy recommendations to the Legislature regarding a comprehensive end insert accountability system for adult education courses offered by school districts and community college districts in accordance with prescribed requirements.

begin delete

(2) Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for purposes of apportionments from the adult education fund.

end delete begin delete

This bill, commencing on July 1, 2015, would delete the existing authorization for adult programs in parenting, home economics, and health and safety education, and adult programs for older adults, to receive apportionments from the adult education fund. The bill would provide that it does not limit the authority of a school district to offer adult education programs and courses for older adults in health and safety education or programs in parenting, or both, provided that those programs or courses are funded through alternative funding sources, as defined, including fees, if the district is authorized to charge fees for these purposes.

end delete begin delete

(3) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires specified noncredit community college courses and classes to be eligible for program-based funding from the state. Existing law requires community college districts to charge students a designated enrollment fee, and authorizes community college districts to charge students specified fees relating to, among other things, health services, parking, transportation, student body center buildings and operations, and physical education courses requiring the use of nondistrict facilities. Existing law also prohibits an adult enrolled in a noncredit course from being required to pay a fee of any kind for a class in English and citizenship for foreigners.

end delete begin delete

This bill, commencing on July 1, 2015, would delete the authorization for noncredit community college parenting, older adults, home economics, and health and safety education courses and classes to receive program-based funding from the state. The bill would provide that it does not limit the authority of a community college district to offer adult education programs and courses for older adults in health and safety education or programs in parenting, or both, provided that those programs or courses are funded through alternative funding sources, as defined, including fees, if the district is authorized to charge fees for these purposes. This bill would authorize the governing board of a community college district to charge a fee for adult education courses, other than classes in English and citizenship, in accordance with specified regulations and procedures.

end delete begin insert

The bill would require the chancellor’s office and the State Department of Education to coordinate and issue recommendations and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to the adult education consortium program.

end insert begin insert

The bill would require the Office of the Chancellor of the California Community Colleges, in conjunction with the State Department of Education, to annually report on the number and types of courses being taught and the number of students being served with funding provided to the adult education consortia.

end insert begin insert

The bill would require the chancellor’s office to annually report on the number and types of noncredit courses being taught and the number of students being served with funding provided to the community colleges for noncredit courses offered pursuant to a specified statute. The bill would require the chancellor’s office to identify any deficits in course offerings based upon levels, types, and needs for adult education programs identified in adult education consortium plans.

end insert begin delete

(4)

end delete

begin insert (2) end insert  The bill would require the Commission on Teacher Credentialing and the Academic Senate for California Community Colleges to jointly develop and submit recommendations to specified policy and fiscal committees of the Legislature for modifying or establishing reciprocity standards for instructors of adult education courses by July 1, 2015.

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

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

begin delete

SECTION 1.  

Section 41976 of the Education Code is amended
to read:

41976.  

(a) For purposes of this chapter, the following classes
and courses are authorized to be offered by school districts and
county superintendents of schools for apportionment purposes
from the adult education fund:

(1) Programs in parenting, including parent cooperative
preschools, and classes in child growth and development and
parent-child relationships.

(2) Elementary and secondary basic skills and other courses and
classes required for the high school diploma. Apportionments for
these courses and classes may only be generated by students who
do not possess a high school diploma or high school equivalency
certification, except for remedial academic courses or classes in
reading, mathematics, and language arts.

(3) English as a second language.

(4) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and
workforce preparation classes in the basic skills of speaking,
listening, reading, writing, mathematics, decisionmaking and
problem solving skills, and other classes required for preparation
to participate in job specific technical training.

(5) Education programs for adults with disabilities.

(6) Short-term career technical education programs with high
employment potential.

(7) Programs for older adults.

(8) Programs for apprentices.

(9) Programs in home economics.

(10) Programs in health and safety education.

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a).

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 2.  

Section 41976 is added to the Education Code, to read:

41976.  

(a) For purposes of this chapter, the following classes
and courses are authorized to be offered by school districts and
county superintendents of schools for apportionment purposes
from the adult education fund:

(1) Elementary and secondary basic skills and other courses and
classes required for the high school diploma. Apportionments for
these courses and classes may only be generated by students who
do not possess a high school diploma or high school equivalency
certification, except for remedial academic courses or classes in
reading, mathematics, and language arts.

(2) English as a second language.

(3) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and
workforce preparation classes in the basic skills of speaking,
listening, reading, writing, mathematics, decisionmaking and
problem solving skills, and other classes required for preparation
to participate in job specific technical training.

(4) Education programs for adults with disabilities.

(5) Short-term career technical education programs with high
employment potential.

(6) Programs for apprentices.

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a).

(c) This section does not limit the authority of a school district
to offer adult education programs and courses for older adults in
health and safety education or programs in parenting, or both,
provided that those programs or courses are funded through
alternative funding sources, including fees, if the school district
is authorized to charge fees for these purposes.

(d)  As used in this section:

(1) “Alternative funding sources” include any sources of state
or nonstate funding other than funding from a state apportionment
as defined in paragraph (2).

(2) “State apportionment” includes funds received pursuant to
Budget Act appropriations for adult education, but does not include
funds received pursuant to Budget Act appropriations from other
state or nonstate funding sources or the revenue limit
apportionment made pursuant to Article 2 (commencing with
Section 42238) of Chapter 7.

(e) This section shall become operative on July 1, 2015.

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

Section 52524 is added to the Education Code,
to read:

52524.  

(a) The department, in conjunction with the
chancellor’s office, shall coordinate and issue assessment policy
guidelines regarding assessments to be used by school districts
and community college districts for purposes of placement in adult
education courses offered pursuant to begin delete Sections 41976 and 84757. end delete
begin insert Section 84830. end insert

(b) The department and the chancellor’s office begin insert , as a part of the
report and recommendations required pursuant to paragraph (1)
of subdivision (f) of Section 84830, end insert shall jointly begin delete establish and
implement end delete begin insert develop and issue policy recommendations to the
Legislature regarding end insert a comprehensive begin delete performance end delete accountability
system for adult education courses offered pursuant to Sections
41976 and 84757. The department and the chancellor’s office shall
develop begin delete guidelines and procedures end delete begin insert recommendations end insert for all adult
education-funded providers for assessment, evaluation, and data
collection to document participant outcomes and placement, and
other begin delete performance end delete measures they deem appropriate. begin delete Performance end delete
begin insert Accountability end insert measures may include receipt of a secondary school
diploma or its recognized equivalent, placement in a postsecondary
educational institution, training, and employment. begin delete To the extent
possible, these performance measures shall be consistent with
those required and implemented pursuant to the federal Workforce
Investment Act of 1998, Title II, Adult Education and Family
Literacy Act (Public Law 105-220). end delete All funded programs shall be
required to annually submit demographic and other student-level
outcome information to the department or the chancellor’s office,
as appropriate.

begin insert

(c) The department, in conjunction with the chancellor’s office,
and as a part of the report and recommendations required pursuant
to paragraph (1) of subdivision (f) of Section 84830, shall
coordinate and issue both of the following:

end insert begin insert

(1) Recommendations and fee policy guidelines to be used by
school districts and community college districts regarding the
authority to charge fees for courses offered pursuant to Section
84830. With respect to these recommendations and guidelines, it
is the intent of the Legislature that:

end insert begin insert

(A) Registration and course fees should be equivalent across
all programs.

end insert begin insert

(B) Fees should not generate income beyond the cost of
providing the courses.

end insert begin insert

(C) Fees should not create a barrier to student access to adult
education programs.

end insert begin insert

(2) Recommendations and policy guidelines regarding the use
of a single student identifier to be used by school districts and
community college districts for purposes of developing a
comprehensive accountability system pursuant to the requirements
of Section 84830.

end insert begin delete

(c)

end delete

begin insert (d) end insert  As used in this section, “chancellor’s office” means the
Office of the Chancellor of the California Community Colleges.

begin delete

SEC. 4.  

Section 76382 is added to the Education Code, to read:

76382.  

In order to ensure that community college districts have
the capacity to meet the demand for adult education courses for
recent immigrants, the governing board of a community college
district may charge a fee, pursuant to regulations adopted by the
board of governors and consistent with subdivision (a) of Section
52612 and Section 76380, for classes it offers pursuant to Section
84757, other than classes in English and citizenship. Any
community college district that chooses to charge a fee under this
section shall report the amount of the fee, the number of classes,
and enrollment in those classes to the Office of the Chancellor of
the California Community Colleges. The chancellor’s office shall
make the information reported under this section available to the
Legislative Analyst’s Office. The Legislative Analyst’s Office
shall provide a summary and analysis of the reported information
to the Assembly Committee on Budget, the Assembly Committee
on Higher Education, the Senate Committee on Budget and Fiscal
Review, and the Senate Committee on Education by January 1,
2016.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 2. end insert   

Section 78402 is added to the Education Code, to read:

78402.  

(a) The chancellor’s office, in conjunction with the
department, shall coordinate and issue assessment policy guidelines
regarding assessments to be used by school districts and community
college districts for purposes of placement in adult education
courses offered pursuant to begin delete Sections 41976 and end delete begin insert Section 84830 and
paragraphs (2) to (6), inclusive, of subdivision (a) of Section end insert
84757.

(b) The department and the chancellor’s office begin insert , as a part of the
report and recommendations required pursuant to paragraph (1)
of subdivision (f) of Section 84830, end insert shall jointly begin delete establish and
implement end delete begin insert develop and issue policy recommendations to the
Legislature regarding end insert a comprehensive begin delete performance end delete accountability
system for adult education courses offered pursuant to begin delete Sections
41976 and end delete begin insert Section 84830 and paragraphs (2) to (6), inclusive, of
subdivision (a) of Section end insert 84757. The department and the
chancellor’s office shall develop begin delete guidelines and procedures end delete
begin insert recommendations end insert for all adult education-funded providers for
assessment, evaluation, and data collection to document participant
outcomes and placement, and other performance measures they
deem appropriate. begin delete Performance end delete begin insert Accountability end insert measures may
include receipt of a secondary school diploma or its recognized
equivalent, placement in a postsecondary educational institution,
training, and employment. begin delete To the extent possible, these
performance measures shall be consistent with those required and
implemented pursuant to the federal Workforce Investment Act
of 1998, Title II, Adult Education and Family Literacy Act (Public
Law 105-220). end delete All funded programs shall be required to annually
submit demographic and other student-level outcome information
to the department or the chancellor’s office, as appropriate.

begin insert

(c) The chancellor’s office, in conjunction with the department,
and as a part of the report and recommendations required pursuant
to paragraph (1) of subdivision (f) of Section 84830, shall
coordinate and issue both of the following:

end insert begin insert

(1) Recommendations and fee policy guidelines to be used by
school districts and community college districts regarding the
authority to charge fees for courses offered pursuant to Section
84830. With respect to these recommendations and guidelines, it
is the intent of the Legislature that:

end insert begin insert

(A) Registration and course fees should be equivalent across
all programs.

end insert begin insert

(B) Fees should not generate income beyond the cost of
providing the courses.

end insert begin insert

(C) Fees should not create a barrier to student access to adult
education programs.

end insert begin insert

(2) Recommendations and policy guidelines regarding the use
of a single student identifier to be used by school districts and
community college districts for purposes of developing a
comprehensive accountability system pursuant to the requirements
of Section 84830.

end insert begin delete

(c)

end delete

begin insert (d) end insert  As used in this section, “department” means the State
Department of Education.

begin delete

SEC. 6.  

Section 84757 of the Education Code is amended to
read:

84757.  

(a) For purposes of this chapter, the following noncredit
adult education courses and classes shall be eligible for funding:

(1) Parenting, including parent cooperative preschools, and
classes in child growth and development and parent-child
relationships.

(2) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.

(3) English as a second language.

(4) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work
force preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.

(5) Education programs for persons with substantial disabilities.

(6) Short-term vocational programs with high employment
potential.

(7) Programs for older adults.

(8) Programs in home economics.

(9) Programs in health and safety education.

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a) and for which no credit
is given.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 7.  

Section 84757 is added to the Education Code, to read:

84757.  

(a) For purposes of this chapter, the following noncredit
adult education courses and classes shall be eligible for funding:

(1) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.

(2) English as a second language.

(3) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work
force preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.

(4) Education programs for persons with substantial disabilities.

(5) Short-term vocational programs with high employment
potential.

(b) State apportionment shall not be made for any course or
class that is not set forth in subdivision (a) and for which no credit
is given.

(c) This section does not limit the authority of a community
college district to offer adult education programs and courses for
older adults in health and safety education or programs in
parenting, or both, provided that those programs or courses are
funded through alternative funding sources, including fees, if the
community college district is authorized to charge fees for these
purposes.

(d)  As used in this section:

(1) “Alternative funding sources” include any sources of state
or nonstate funding other than funding from a state apportionment
as defined in paragraph (2).

(2) “State apportionment” includes funds received pursuant to
Budget Act appropriations for adult education, but does not include
funds received pursuant to Budget Act appropriations from other
state or nonstate funding sources.

(e) This section shall become operative on July 1, 2015.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 84757.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 84757.5. end insert   

(a) The chancellor’s office, in conjunction with the
department, shall annually report on the number and types of
courses being taught and the number of students being served with
funding provided to the regional consortia established pursuant
to Section 84830. The chancellor’s office shall annually report on
the number and types of noncredit courses being taught and the
number of students being served with funding provided to the
community colleges for the courses offered pursuant to Section
84757.

(b) The chancellor’s office shall identify any deficits in course
offerings based upon levels, types, and needs for adult education
programs identified in the consortia plans submitted as required
under subdivision (c) of Section 84830.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 4. end insert   

The Commission on Teacher Credentialing and the
Academic Senate for California Community Colleges shall meet
to review their current requirements for noncredit adult education
and adult education instructors, and shall develop and submit
recommendations to the appropriate policy and fiscal committees
of the Legislature for modifying or establishing reciprocity
standards for instructors of adult education courses by July 1, 2015.

begin delete SEC. 9. end delete
begin insert SEC. 5. end insert   

It is the intent of the Legislatureto evaluate the
begin delete performance end delete begin insert guidelines for the end insert accountability system established
pursuant to Sections 52524 and 78402 of the Education Code and
to consider allocating base adult education funds and noncredit
adult education funds to providers on the basis of a combination
of begin delete enrollment and performance end delete begin insert identified needs, enrollment, and
outcomes end insert in courses offered pursuant to begin delete Sections 41976 and end delete begin insert Section
84830 and paragraphs (2) to (6), inclusive, of subdivision (a) of
Section end insert 84757 of the Education Code.