Bill Text: CA AB1491 | 2021-2022 | Regular Session | Chaptered


Bill Title: Adult education: consortia: carryover of allocated funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-25 - Chaptered by Secretary of State - Chapter 519, Statutes of 2022. [AB1491 Detail]

Download: California-2021-AB1491-Chaptered.html

Assembly Bill No. 1491
CHAPTER 519

An act to amend Sections 84901 and 84914 of the Education Code, relating to adult education.

[ Approved by Governor  September 25, 2022. Filed with Secretary of State  September 25, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1491, McCarty. Adult education: consortia: carryover of allocated funds.
Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice of the executive director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each of those regions. Existing law authorizes a community college district, school district, or county office of education, or a combination of these entities in a joint powers authority, to be members of an adult education consortium. Existing law requires, as a condition of receipt of an apportionment from the program, that an adult education consortium have a consortium-approved 3-year adult education plan, and approve a distribution schedule for apportionment to members of the consortium. Existing law requires that the amount distributed to a member of the consortium not be reduced, except as provided, unless the consortium makes specified findings related to the member for which the distribution would be reduced, including that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan.
This bill would authorize a consortium to reduce a member’s allocation by no more than the amount of the member’s carryover, as defined, if the consortium makes a finding by a majority vote, based on the member having excessive carryover for at least 2 consecutive fiscal years beginning with the 2022–23 fiscal year, that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. The bill would require a consortium with carryover from one or more prior fiscal years exceeding 20% to submit a written expenditure plan, as specified, to the chancellor and the Superintendent, and would require the chancellor and the Superintendent to prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the region’s available funding.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 84901 of the Education Code is amended to read:

84901.
 For purposes of this article, the following definitions shall apply, unless otherwise specified:
(a) “Adult” means a person 18 years of age or older.
(b) “Carryover” means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal year’s allocation.
(c) “Consortium” means an adult education consortium approved pursuant to this article.
(d) “Executive director” means the executive director of the State Board of Education.
(e) “Program” means the Adult Education Program established by Section 84900.

SEC. 2.

 Section 84914 of the Education Code is amended to read:

84914.
 (a) As a condition of receipt of an apportionment from the program, a consortium shall approve a distribution schedule that includes both of the following:
(1) The amount of funds to be distributed to each member of the consortium for that fiscal year.
(2) A narrative justifying how the planned allocations are consistent with the adult education plan.
(b) (1) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium greater than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall be equal to or greater than the amount distributed in the prior fiscal year, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced:
(A) The member no longer wishes to provide services consistent with the adult education plan.
(B) The member cannot provide services that address the needs identified in the adult education plan.
(C) The member has been consistently ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 2022–23 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.
(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall not be reduced by a percentage greater than the percentage by which the total amount of funds allocated to the consortium decreased, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced further:
(A) The member no longer wishes to provide services consistent with the adult education plan.
(B) The member cannot provide services that address the needs identified in the adult education plan.
(C) The member has been ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 2022–23 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.
(c) A distribution schedule shall also include preliminary projections of the amount of funds that would be distributed to each member of the consortium in each of the subsequent two fiscal years. The preliminary projections shall not constitute a binding commitment of funds.
(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.
(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the member’s allocation by no more than the amount of the member’s carryover.
(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortium’s carryover to below 20 percent, to the chancellor and the Superintendent.
(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the region’s available funding.
(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortium’s region.

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