Bill Text: CA AB189 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 189 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Education funding.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 606, Statutes of 2011. [AB189 Detail]

Download: California-2011-AB189-Introduced.html

BILL NUMBER: AB 189	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng
   (Coauthors: Assembly Members Fong, Mendoza, Swanson, and Torres)

                        JANUARY 26, 2011

   An act to amend Section 52612 of, and to add Section 52618 to, the
Education Code, relating to adult education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 189, as introduced, Eng. Adult education: funding.
   (1) Existing law authorizes the governing board of a school
district maintaining an adult class to require an adult enrolled in
the class to pay a fee and prohibits the governing board from
imposing a charge for a class in English and citizenship for
foreigners or a class in an elementary subject, except as specified.
   This bill would remove that prohibition.
   (2) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. Existing law requires the Superintendent of Public
Instruction, for the 2008-09 to 2012-13 fiscal years, inclusive, to
apportion from the amount provided in the annual Budget Act for
specified categorical education programs an amount based on the same
relative proportion that the local educational agency received in the
2007-08 fiscal year for those programs and authorizes school
districts, for those fiscal years, to use these funds, with specified
exceptions, for any educational purpose, to the extent permitted by
federal law.
   This bill would require school districts receiving specified
funding for adult education, which is categorized as flexible
categorical education program funding, to expend at least 65% of that
adult education funding on adult education programs in a specified
manner, commencing with the 2011-12 fiscal year. If a school district
chooses not to offer or continue adult education programs, the bill
would require the school district to report this fact to the State
Department of Education by a specified date and forfeit 65% of the
district's flexible categorical education program funding that is
designated for adult education. The bill would require the department
to allocate the forfeited funding through a request for proposal
process to districts offering adult education programs. The bill
would encourage school districts to work toward targeted and
measurable student outcomes for students taking adult education
classes and would state the intent of the Legislature that school
districts and county offices of education report adult education
attendance in a specified manner and that the department develop a
tracking system, and develop and implement a data collection system,
to assess outcomes of adult education programs. The bill would
require school districts to expend an additional 5% above the 65%
requirement on adult education programs for each fiscal year that the
flexible categorical education program funding is provided beyond
the 2012-13 fiscal year. The bill would require the department to
submit an annual report to the Legislature summarizing specified
adult education information.
   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 52612 of the Education Code is amended to read:

   52612.   (a)    Except as specified in this
section,  the governing board of the district maintaining the
class may require  an adult enrolled in a class for adults
 may be required by the governing board of the district
maintaining the class  to pay a fee for the class. 
Except as specified in Section 52613, no charge of any kind shall be
made for a class in English and citizenship for foreigners or a class
in an elementary subject. No   A  fee charge shall
 not  be made for 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. The total
of the fees required and revenues derived from average daily
attendance shall not exceed the estimated cost of all such classes
maintained, including the reserves authorized by Section 52501.5.
    (b)    All textbooks and classroom materials
furnished without charge under this section may also be offered for
sale at the school bookstore.
  SEC. 2.  Section 52618 is added to the Education Code, to read:
   52618.  (a) Notwithstanding Section 42605, and unless otherwise
prohibited by federal law, commencing with the 2011-12 fiscal year,
school districts receiving funding for adult education pursuant to
Item 6110-156-0001 of Section 2.00 of the annual Budget Act, which is
categorized as tier III maximum categorical in digest flexibility
funding pursuant to Section 42605, shall expend at least 65 percent
of that adult education funding on adult education programs in the
following manner:
   (1) Sixty-five percent shall be reserved for offering classes and
courses to students in the following core areas, as specified in
paragraphs (2), (3), and (6) of Section 41976, and may be distributed
among the core areas based on local priorities and needs:
   (A) Adult education programs in elementary and secondary basic
skills and other classes and courses required for the high school
diploma.
   (B) Adult education programs in English as a second language.
   (C) Adult short-term career technical education programs with
higher employment potential.
   (2) Ten percent shall be reserved for providing career training
equipment or support services, including, but not limited to, career
counseling and other programs that lead to a student's acceptance to
a postsecondary educational institution. The Superintendent shall
apportion these funds based on the total amount of funds available
divided by the level of career technical education student enrollment
in each district, taking into consideration a district's achievement
of targeted and measurable student outcomes pursuant to subdivision
(b).
   (3) Twenty-five percent shall be reserved for the receiving school
district to use in a flexible manner for adult education programs.
Funds allocated pursuant to this paragraph shall be prioritized based
on local community need. Adult education classes or courses funded
by this paragraph need not be restricted to the core areas specified
in paragraph (1), but a class or course offered that is not specified
in paragraph (1) shall have defined student outcomes.
   (b) School districts are encouraged to work toward targeted and
measurable student outcomes for students taking adult education
classes, which should include, but not be limited to, all of the
following:
   (1) Increasing the number of students earning a high school
diploma or General Educational Development (GED) equivalent.
   (2) Increasing the number of students who matriculate to community
colleges, the California State University, the University of
California, private postsecondary educational institutions, or
vocational programs.
   (3) Increasing the number of students who are employable or are
able to get a promotion.
   (4) Increasing opportunities for an adult school to work with
workforce investment boards and local employers to achieve improved
job placement for students.
   (5) Increasing the number of students who are able to access a
naturalization and citizenship program.
   (6) Creating opportunities for students to qualify for military
service.
   (c) Consistent with subdivision (d) of Section 42605, and except
as provided for in paragraph (1) of subdivision (a), a school
district that receives funding pursuant to this section shall be
deemed to be in compliance with all applicable adult education
program and funding requirements contained in statutory, regulatory,
and provisional language.
   (d) Notwithstanding Section 42605, school districts that choose
not to offer or continue adult education programs shall notify the
State Department of Education on or before March 15th of each
applicable year and shall forfeit the 65 percent of the district's
tier III maximum categorical flexibility funding that is required to
be used for adult education programs pursuant to subdivision (a). The
department shall appropriate the forfeited funding through a request
for proposal process to school districts that offer adult education
programs. Funds apportioned under this subdivision shall only be used
for adult education programs.
   (e) (1) It is the intent of the Legislature that, commencing with
the 2011-12 fiscal year, school districts and county offices of
education shall report adult education attendance by utilizing the
Standardized Account Code Structure reporting process in effect prior
to July 28, 2009.
   (2) It is the intent of the Legislature that the department shall
develop a tracking system, and develop and implement a data
collection system, to assess outcomes of adult education programs as
outlined in subdivision (b).
   (f) For each fiscal year that tier III maximum categorical
flexibility funding is provided beyond the 2012-13 fiscal year,
school districts shall expend an additional 5 percent above the 65
percent required by subdivision (a) on adult education programs.
   (g) The department shall submit an annual report to the
Legislature that summarizes both of the following:
   (1) The core adult education classes and courses offered pursuant
to paragraph (1) of subdivision (a) and the number of students served
by those classes and courses.
   (2) The growth in career technical education programs that have
been expanded or started in adult schools.