BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 798
                                                          Page  1

Date of Hearing:   April 21, 1999

                ASSEMBLY COMMITTEE ON EDUCATION 
                      Kerry Mazzoni, Chair
          AB 798 (Wildman) - As Amended:  April 12, 1999
  
SUBJECT  :   Education of incarcerated adults.

  SUMMARY  :   Revises the funding formula for the education of  
adults incarcerated in county-based correction programs.   
Specifically,  this bill  :  

1)Prohibits a school district or county board of education,  
  beginning with the 1999-00 fiscal year, from claiming any  
  increase in average daily attendance (ADA) for the education  
  of adults incarcerated in county-based correction programs,  
  that is higher than any claimed in the previous 5 fiscal  
  years, multiplied by 1.025, unless the Legislature approves a  
  greater increase in the annual Budget Act.

2)Prohibits state funds to be allocated to a school district or  
  county board of education for ADA that has not been approved  
  by the Legislature.

3)Declares the provisions of this bill shall become operative on  
  July 1, 1999.

4)Declares inoperative the existing funding formula on July 1,  
  1999 and repeals that formula on January 1, 2000.

  EXISTING LAW  

1)Prohibits a school district or county board of education from  
  claiming any increase in ADA exceeding the percentage  
  authorized for adult education ADA, unless the Legislature  
  approves the increase for that fiscal year in the annual  
  Budget Act.

2)Prohibits state funds to be allocated to a school district or  
  county board of education for ADA that has not been approved  
  by the Legislature in the annual Budget Act.

  FISCAL EFFECT  :   Unknown.  

  COMMENTS  :   








                                                          AB 798
                                                          Page  2


  Need for this bill  .  According to the author, AB 798 "proposes  
that each county's jail education program cap be determined by  
its highest ADA total over a five year period rather than the  
last year's ADA, so that the temporary closing and remodeling of  
jails can be accommodated from year to year without damage to  
the education programs, and without additional costs from the  
state."  The author states that the 1998-99 Budget Act provided  
$15.6 million to reimburse local agencies for providing adult  
education to inmates in county correctional facilities, while  
only $14.2 million was allocated by the State Department of  
Education for this purpose.  This discrepancy was due to the  
temporary closure of facilities for renovations and  
administrative reasons.  The current reimbursements are capped  
at a certain percentage.  When facilities reopen, the increase  
in adults served in the educational programs exceeds the cap.

  Clarification  .  Education Code section 1909 deals with the  
computation of funds for the education of adults in county-based  
correctional facilities.  It is unclear if this section need to  
be amended to reflect the changes made by this bill.

  Education of incarcerated adults  .  "Correctional facilities," as  
used in this bill, includes any county jail, county industrial  
farm, or county or joint county road camp (county-based  
correction programs).  Instruction is provided in civics,  
vocations, literacy, health, homemaking, technical, and general  
education.  

  REGISTERED SUPPORT / OPPOSITION  :   (as of 4/16/99)

  Support  

Los Angeles County District Attorney's Office

  Opposition  

None on file
  
Analysis Prepared by  :    Lynn Lorber / ED. / (916)319-2087