Senate Bill No. 1391

Introduced by Senator Hancock

February 21, 2014

An act to amend Section 84810.5 of, and to add Section 84810.7 to, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

SB 1391, as introduced, Hancock. Community colleges: inmate education programs: computation of apportionments.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges.

Existing law provides that, notwithstanding open course provisions in statute or regulations of the board of governors, the governing board of a community college district that provides classes for inmates of certain facilities, including a federal correctional facility, may 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 any 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.

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

This bill would require the Department of Corrections and Rehabilitation, in collaboration with the chancellor, to establish the Innovative Career Technical Education Grant Program to provide grants for inmates and parolees recently released from state correctional facilities to attend career technical education community college classes for purposes of accomplishing specified objectives. The bill would require the Department of Corrections and Rehabilitation, in administering the program, to transfer an unspecified amount from funds made available in the 2014-15 Budget Act, and each fiscal year thereafter, for purposes of the program. The bill would require the Department of Corrections and Rehabilitation to provide for up to 4 grants to community college career technical education programs that are provided for inmates inside state correctional facilities, require that at least one of these grants be awarded for programs offered at a women’s correctional facility, and determine the amount of these grant awards.

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

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert attendance hours generated by credit begin delete or noncredit shall
be added and counted for apportionment purposes as noncredit
attendance hours end delete begin insert 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 end insert .

begin delete

(b) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall
be considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations
of the board of governors. When computing apportionments for
districts that provided inmate education programs in the 1994-95
fiscal year, the student workload measures generated and revenues
received for that year shall be added to their noncredit base revenue
and noncredit base workload measures for the following year.

end delete begin insert

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

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

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

end insert

SEC. 2.  

Section 84810.7 is added to the Education Code, to
read:

84810.7.  

(a) The Department of Corrections and Rehabilitation
shall, in collaboration with the Chancellor of the California
Community Colleges establish the Innovative Career Technical
Education Grant Program to provide grants for inmates and for
parolees recently released from state correctional facilities to attend
career technical education community college classes for purposes
of accomplishing both of the following:

(1) Providing inmates with skills necessary to obtain high skill,
high pay employment, or to enter apprenticeship programs upon
release from prison.

(2) Reducing recidivism by providing inmates and parolees
recently released from state correctional facilities with hands on
learning experience available in community college career technical
education classes, including classes within state correctional
facilities.

(b) (1) From funds made available to the Department of
Corrections and Rehabilitation in the 2014-15 Budget Act, and
each fiscal year thereafter, the Department of Corrections and
Rehabilitation shall, in administering the Innovative Career
Technical Education Grant Program, transfer the amount of ____
dollars ($____) for purposes of the program.

(2) The Department of Corrections and Rehabilitation shall
provide for up to four grants to community college career technical
education programs provided for inmates inside state correctional
facilities. The Department of Corrections and Rehabilitation shall
award at least one of these grants for programs offered at a
women’s correctional facility.

(3) The Department of Corrections and Rehabilitation shall, in
consultation with the chancellor, determine the amount of the
grants awards pursuant to paragraph (2).