BILL ANALYSIS �
SB 173
Page 1
Date of Hearing: June 10, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
SB 173 (Liu) - As Amended: May 12, 2014
SENATE VOTE : SENATE VOTE : 36-1
SUBJECT : Education funding: adult education
SUMMARY : Requires the California Community Colleges
Chancellor's Office (CCCCO) and the California Department of
Education (CDE) to coordinate and issue guidelines and policy
recommendations to the Legislature regarding adult education in
the areas of assessment, performance accountability, teacher
requirements, and fee policies; and, requires that the CCCCO and
the CDE annually report on the number and types of adult
education courses being taught, including noncredit courses, and
the number of students being served with funding provided, thus
enhancing the existing reporting requirements pursuant to
Education Code (EC) Section 84830. Specifically, this bill :
1)Requires the CCCCO in conjunction with the CDE, to coordinate
and issue assessment policy guidelines regarding assessments
to be used by community college districts and school districts
for purposes of placement in adult education courses offered,
as specified.
2)Requires the CCCCO and the CDE, as part of the report and
recommendations required pursuant to EC Section 84830, to
develop and issue policy recommendations to the Legislature
that do the following:
a) Jointly establish and implement a comprehensive
accountability system for adult education courses; and,
b) Develop recommendations for all adult education funded
providers for assessment, evaluation, and data collection
to document participant outcomes and placement and other
measures they deem appropriate. Specifies that
accountability measures may include receipt of a secondary
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school diploma or its recognized equivalent, placement in a
postsecondary educational institution, training, and
employment. Requires all funded programs to annually
submit demographic and other student-level outcome
information.
3)Requires the CCCCO and the CDE, as part of the report and
recommendations required pursuant to EC Section 84830, to
coordinate and issue both of the following:
a) Recommendations and fee policy guidelines to be used by
school districts and community college districts regarding
the authority to charge fees for courses offered, as
specified; declares that with respect to these
recommendations and guidelines, it is the intent of the
Legislature that:
i) Registration and course fees should be equivalent
across all programs;
ii) Fees should not generate income beyond the cost of
providing the courses; and,
iii) Fees should not create a barrier to student access
to adult education programs.
b) 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 EC Section 84830.
4)Requires the CCCCO, in conjunction with the CDE, to 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, as established by EC Section 84830; and,
specifies that the CCCCO 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 as specified.
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5)Specifies that the CCCCO 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 existing law.
6)Requires, by July 1, 2015, the Commission on Teacher
Credentialing (CTC) and the Academic Senate for CCC to meet to
review their current requirements for noncredit adult
education and adult education instructors, and 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.
7)Expresses that it is the intent of the Legislature to evaluate
the guidelines for the accountability system established under
current law and to consider allocating base adult education
funds and noncredit adult education funds to providers on the
basis of a combination of identified needs, enrollment, and
outcomes in course offered as specified.
8)Defines "chancellor's office" as the Office of the Chancellor
of the California Community Colleges, and "department" to mean
the CDE.
EXISTING LAW :
1)Authorizes both the California Community Colleges (CCC) and
K-12 systems to offer and receive state funding for adult
education courses. Authorizes the following classes and
courses to be offered by the school districts and county
superintendent of schools for apportionment purposes from the
adult education fund and prohibits state apportionment to be
made for any course or class not specified in law; and,
specifies that the following noncredit classes and courses
offered by community college districts shall be eligible for
state funding:
a) Adult programs in parenting, including parent
cooperative preschools, and classes in child growth and
development, parent-child relationships, and parenting;
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b) Adult programs in elementary and secondary basic skills
and other courses and classes required for the high school
diploma;
c) Adult education programs in English as a second
language;
d) Adult education programs for immigrant 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, decision-making and problem solving skills,
and other classes required for preparation to participate
in job specific technical training;
e) Adult education programs for adults with disabilities;
f) Adult short-term career technical education programs
with high employment potential;
g) Adult programs for older adults;
h) Adult education programs for apprentices;
i) Adult programs in home economics; and,
j) Adult programs in health and safety education (EC �
41976 and � 84757).
2)Prohibits the local governing board of a community college
district maintaining a noncredit course from requiring an
adult enrolled in such a course to pay nonresident tuition or
any fee or charge of any kind for a class in English and
citizenship for foreigners, a class in an elementary subject,
a class designated as granting high school credit to an
individual without a high school diploma or other adult basic
education programs and courses, as specified (EC � 76380).
3)Authorizes a school district governing board to require a fee
of an adult enrolled in a class for adults and prohibits the
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total of the fees required and revenues derived from average
daily attendance from exceeding the estimated cost of
maintaining such classes. Current law also prohibits the
imposition of a charge of any kind for a class in English and
citizenship or a class in an elementary subject, nor for any
class which is designated as granting high school credit when
the class is taken by a person who does not hold a high school
diploma. To note: for a class in English and citizenship, a
fee may be charged only until July 1, 2015 (EC � 52612).
4)Prohibits the CCC from requiring an adult enrolled in a
noncredit course to pay nonresident tuition or any fee or
charge of any kind for a class in English and citizenship for
foreigners, a class in an elementary subject, a class
designated by the governing board as a class for which high
school credit is granted when the class is taken by a person
who does not hold a high school diploma, or any class offered
by a CCD pursuant to Sections 8531, 8532, 8533, or 8534 (EC �
76380).
5)Charges the CCCCO and the CDE to jointly implement an adult
education planning process; authorizes the CCCCO and the CDE
to distribute $25 million to regional consortia to develop
plans with the shared goal of better serving the educational
needs of California's adult learners; and, specifies that the
following five areas are to be addressed in the plans:
a) Elementary and secondary basic skills, including classes
required for a high school diploma; b) Classes and courses
for immigrants in English as a second language,
citizenship, and workforce preparations; c) Education
programs for adults with disabilities; d) Short-term career
technical education programs with high employment
potential; and, e) Programs for apprentices.
Additionally, current law requires the CCCCO and the CDE on or
before March 1, 2014 to submit a joint report to the Governor
and the Legislature to include, but not necessarily be limited
to the following: a) the status of the developing regional
consortia across the state; and, b) the status and allocation
of grant awards made to the regional consortia. The CCCCO and
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the CDE on or before March 1, 2015, shall submit a joint
report to the Governor and the Legislature to include, but not
be limited to all of the following: a) The plans developed by
the regional consortia across the state; and, b)
Recommendations for additional improvements in the delivery
system serving adult learners. Lastly, current law states
that the Legislature intends to work toward developing common
policies related to adult education affecting adult schools at
community colleges and local educational agencies, including
policies on fees and funding levels; and, to provide
additional funding in the 2015-16 fiscal year to the regional
consortia to expand and improve the provision of adult
education (EC � 84830).
FISCAL EFFECT : Unknown
COMMENTS : To note: the May 28, 2013 version of this bill
passed out of the Assembly Education Committee with a 6-0 vote
on June 26, 2013.
Background . Adult education in California is part of a large,
complex, and diverse multi-provider system. It is a vital and
integral part of the larger educational system that provides
adults with the skills and education that enable them to earn a
high school diploma or a general educational development (GED)
certificate, become American citizens, acquire specific job
skills, learn English, and/or become independent and productive
parents and members of their community.
Assembly Bill 86 (Section 76, Article 3) . In January 2013, the
Governor proposed in his 2013-14 budget shifting the
coordination and administration of all adult education programs
to the CCC. The K-12 adult education program would be
eliminated, but CCC could contract with school districts to
provide instruction. Due to concerns about the timing and
structure of the proposal, the Governor's May 2013 revision of
the budget withdrew the proposal and instead maintained the
current system for two years while allocating $30 million for
planning grants awarded to regional consortia comprised of CCC
and K-12 districts for the purpose of creating plans to
integrate existing programs and determine how best to serve
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adult students within regions throughout the state. The budget
adopted by the Legislature reduced the planning grants to $25
million and adopted trailer bill language in AB 86 (Chapter 48,
Statutes of 2013).
AB 86 establishes the Adult Education Consortium Program with
the following features:
1)Eligibility is limited to consortiums consisting of at least
one CCD and at least one school district within the boundaries
of a CCD. Consortia may include other entities providing
adult education courses, such as correctional facilities,
other local public entities and community-based organizations.
2)Planning grants must be used to create and implement a plan to
better provide adults in its region with all of the following:
a) Elementary and secondary basic skills, including classes
requires for a high school diploma or high school
equivalency certificate.
b) Classes and courses for immigrants eligible for
educational services in citizenship and English as a second
language, and workforce preparation classes in basic
skills.
c) Education programs for adults with disabilities.
d) Short-term career technical education program with high
employment potential.
e) Programs for apprentices.
3)The regional consortium plan shall include an evaluation of
existing levels and types of adult education programs in the
region, current needs, how the parties that make up the
consortium will integrate their programs to create seamless
transitions into postsecondary education or the workforce,
plans to address gaps identified in the current offerings and
needs, plans to employ approaches to accelerate a student's
programs toward his or her academic or career goals, plans to
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collaborate in the provision of ongoing professional
development opportunities, and plans to leverage existing
regional structures, including local workforce investment
areas.
The CCC Chancellor and the CDE shall submit a joint status
report by March 1, 2014 (discussed below) and a final report by
March 1, 2015. The intent of the Governor is to provide some
level of additional funding to provide adult education services
through the regional consortia beginning in 2015-16. CCC and
K-12 districts can continue to offer their existing adult
education programs separate from the regional consortia. CCCs
may continue to earn revenue limit funding, but because
categorical funds are eliminated through the Local Control
Funding Formula, school districts choosing to continue their
adult education programs would do so using their base funds.
To note, a concern has been expressed that AB 86 cut funding for
older adults and community education. The issue of funding for
older adults and community education programs is outside the
scope of AB 86 and this bill.
This bill enhances the reporting requirements of the AB 86
report due on March 1, 2015, to the Governor and the
Legislature.
Status report . According to the April 2014 status report,
entitled "Adult Education Regional Planning" by the CCCCO and
the CDE, AB 86 has provided a valuable opportunity to "rethink
and redesign an educational system establishing linkages for
adult learners." According to the report, the AB 86 regional
consortia consist of community college districts and school
districts within the 72 community college district boundaries.
The report noted that the following six area are not covered by
the 72 community college district boundaries: Alpine County,
Amador County, Mariposa County, parts of Modoc County, Mono
County, and Sierra County. The CCCCO and the CDE have taken
this under review and will provide solutions to fill the
geographical gaps.
Additionally, the report found that AB 86 indicates the intent
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of the Legislature is to provide additional funding in the
2015-16 fiscal year to the regional consortia to expand or
improve the provision of adult education, there is no mechanism
in place to do so. The report states, "The absence of a funding
mechanism that identifies a funding model impacts the long-range
planning processes designed to address the five required areas
of focus in AB 86."
Adult Education and Community College Noncredit . Adult
education instruction is offered primarily at adult schools and
community colleges. Some programs are also offered at community
based organizations, libraries, correctional facilities, and the
California Conservation Corps. California adult education
schools offer the following ten programs:
1)Adult Basic Education;
2)English as a Second Language;
3)High School Diploma or Adult Secondary Education, including
GED certification;
4)Citizenship Preparation;
5)Career Technical Education;
6)Adults with Disabilities;
7)Health and Safety;
8)Parent Education;
9)Home Economics; and,
10)Courses for Older Adults.
State apportionment . The majority of funding for adult
education and community college noncredit comes from state
apportionment. The state provides approximately 90 percent of
the total funding for adult education and community college
noncredit programs. State apportionment funds are distributed
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to adult schools through average daily attendance. Funding for
community college noncredit is based upon a formula per Full
Time Equivalent Student (FTES). The remaining financing,
approximately 10 percent, is provided by federal funds.
Recommended changes in state funded adult education . In the
last several years various reports have been published that have
recommended that the state re-evaluate its current adult
education structure.
In December 1998, the Joint Board Task Force on Noncredit and
Adult Education (a joint task force comprised of the CCC Board
of Governors and the California State Board of Education),
published "Noncredit and Adult Education: Challenges,
Opportunities, Changes." The report describes in detail local
and state activities required to implement the following 12
recommendations: 1) clarify joint authorization to offer
noncredit and adult education; 2) create a formal structure for
joint development and implementation of policy for noncredit and
adult education; 3) develop strategies for assuring student
success; 4) redistribute unused existing resources; 5) encourage
districts to make fair share distributions; 6) determine the
cost of implementing endorsed changes; 7) equalize reimbursement
rates within and between segments; 8) finalize and distribute
program standards; 9) develop a coordinated data system;10)
clarify scope of authorized instructional categories; 11) permit
reimbursement for work-based education; and, 12) establish
reciprocity for instructors of noncredit and adult education.
In April 2003, the California Senate Office of Research (SOR)
released, "Adult Education, Will it Meet the Challenges of the
Future." SOR found that state funded adult education programs
provide a vast array of services through multiple programs with
inconsistent indicators of program outcomes. As demand for
adult education services continues to grow and available
resources are increasingly limited, policymakers and program
operators should explore ways to deliver services more
efficiently, based on objective data. The report suggest the
following policy changes: 1) that the state should clarify the
mission of adult education and re-focus its program offerings
around fewer key programs; 2) identify a clear delineation of
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function between the two governing entities (CCCCO and CDE); 3)
collect integrated data that represents the system as a whole;
4) distribute fiscal resources equitably throughout the state;
5) restructure state governance and local service delivery; and,
5) demonstrate the return on investment of adult education
programs.
In December 2012, the LAO released, "Restructuring California's
Adult Education System." The report gives the following policy
changes: 1) focus on the six instructional programs most
closely aligned with adult education's core mission; 2) clearly
distinguish between adult education and collegiate education; 3)
apply a consistent set of policies for faculty and students at
adult schools and community colleges; 4) create a funding
mechanism for adult education that promotes a coordinated system
centered around student access and success; and, 5) collect same
data on student enrollment and outcomes for both adult schools
and community colleges (this will link the respective systems).
This bill begins the restructuring process proposed by the LAO
by addressing some of the programmatic changes necessary to
align the system of adult education services and to begin a more
coordinated and rational approach to delivery and funding.
Purpose of this bill . According to the author's office, this
bill is based on the December 2012 LAO report (see above). The
author states, "This bill begins the implementation of
programmatic changes necessary to better align the bifurcated
system of delivering adult education and non-credit adult
education courses, and to begin a shift towards a more rational
and coordinated funding approach for K-12 adult education and
CCC noncredit adult education programs in California."
The two largest providers of adult education are school
districts and the CCC, with, according to the LAO, the majority
provided by the CCC (about 66% of FTES - 525 hours of
instructional hours - in 2009-10). The LAO argues that the two
systems have unclear lines of responsibility, an overly broad
mission, inconsistent state-level policies, lack of coordination
among providers, and limited student data, despite serving the
same student populations. The December report suggests that the
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system is in need of comprehensive restructuring.
The LAO suggests that while all classes have value, adult
education programs should focus on the knowledge and skills
needed to participate in civic life and workforce.
Assessment . CCC and the K-12 adult schools use assessments for
enrollment and placements. While the CCC is required to only
use assessment tools approved by the CCCCO for advisory purposes
and not for placement of students in classes, adult schools can
use any assessments they choose and can use them for minimum
qualifications to enroll in a class or to determine appropriate
class placement. This bill directs CCCCO and the CDE to develop
assessment policy guidelines to be used by both systems for
purposes of placement in CCC adult education and K-12courses.
Accountability. This bill, as part of the AB 86 report, due
March 1, 2015, requires the CCCCO and the CDE to jointly develop
guidelines and procedures 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, such as whether the
student received a secondary school diploma, placement in a
postsecondary educational institution, or became employed.
The CCCCO already has an in-depth data collection system that
was augmented by the Student Success Scorecard released in April
2013. The scorecard was a recommendation of the Student Success
Task Force, enacted by SB 1143 (Liu), Chapter 409, Statutes of
2010. The scorecard provides performance data that includes
completion and persistence rates that can be broken down by
student demographics.
Fee policies . This bill, as part of the AB 86 report, due March
1, 2015, requires the CCCCO and the CDE to coordinate and issue
recommendations and fee policy guidelines to be used by
community college districts and school districts regarding the
authority to charge fees for courses offered as specified.
A concern has been raised that as presently drafted the language
assumes that fees will be assessed for these courses. To
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address this concern staff recommends the bill be amended to
reflect the following:
(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:
(1) Recommendations and fee policy guidelines to be used by
school districts and community college districts regarding
the authority to charge fees , including whether or not fees
should be assessed, for courses offered pursuant to Section
84830.
What is being offered ? This bill requires the CCCCO, in
conjunction with the CDE to annually report on the number and
types of courses being taught, and the number of students being
serviced with funding provide to the regional consortia and with
funding provided to the CCCs for all noncredit courses offered.
Additionally, this bill requires the CCCCO to identify any
deficits in course offerings based upon levels, types, and needs
for adult education programs as identified in the consortia
plans submitted as part of the AB 86 planning process.
Teacher qualifications . CCC adult education instructors are
required to have a bachelor or master's degree depending on the
type of course taught, while K-12 adult school teachers are
required to have a teaching credential. The LAO believes that
adult education instructors should be able to teach in either
system. Requiring a teaching credential limits a CCC
instructor's ability to teach in K-12 adult schools; the LAO
recommends eliminating the requirement for adult school teachers
to have a teaching credential. This bill directs the Academic
Senate for the CCC and the CTC to review the requirements for
noncredit adult education and adult school instructors, and
develop and submit recommendations to the appropriate policy and
fiscal committees of the Legislature by July 1, 2015, for
modifying or establishing reciprocity standards for instructors
of adult education courses.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Adult Education Administrators Association
California Council for Adult Education
Opposition
None on file based on this version of the bill.
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960