Bill Text: CA AB2655 | 2011-2012 | Regular Session | Amended
Bill Title: Community colleges: inmate education programs:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2655 Detail]
Download: California-2011-AB2655-Amended.html
BILL NUMBER: AB 2655 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 24, 2012
An act relating to school funding. An act
to amend Section 84810.5 of the Education Code, relating to community
colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 2655, as amended, Swanson. School funding.
Community colleges: inmate education programs: computation of
apportionments.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as a segment of public postsecondary education in
the state.
Existing law, notwithstanding open course provisions in statute or
regulations of the board of governors, authorizes the governing
board of a community college district that provides classes for
inmates of certain facilities, including a federal correctional
facility, to 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 a
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, subject to specified
limitations.
(2) 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, a class for
which a district receives full compensation for its direct education
costs for the conduct of the class from a public or private agency,
individual, or group of individuals, and a 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.
Existing law establishes the system of public elementary and
secondary schools in this state. Existing law establishes a public
school funding system that includes, among other elements, the
provision of funding to local educational agencies through state
apportionments that are based on calculations of average daily
attendance at schools, the proceeds of property taxes collected at
the local level, and other sources.
This bill would state the intent of the Legislature to enact
legislation that would authorize school districts to use innovative
and creative methods to raise revenue in the local community for
purposes of the school districts' educational programs.
Vote: majority. Appropriation: no. Fiscal committee: no
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) Notwithstanding open (1)
Open course provisions in statute or
regulations of the board of governors, the
governors shall be waived for a governing board of a community
college district that provides classes for inmates of any
a city, county, or city and county jail, road
camp, farm for adults, or state or federal correctional
facility may include the units of full-time equivalent
student (FTES) generated in those classes for purposes of state
apportionment. The attendance hours generated by credit or noncredit
shall be added and counted for apportionment purposes as noncredit
attendance hours. facility. This section shall not be
construed to 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 may include the units of
full-time equivalent students (FTES) generated in those
classes for purposes of state apportionments.
(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.
(2) The attendance hours generated by credit 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
determined pursuant to paragraph (3) of subdivision (d) of Section
84750.5. The attendance hours generated by instruction in career
development and college preparation shall be funded at the rate
determined pursuant to paragraph (4) of subdivision (d) of Section
84750.5.
(b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, a class to which either
of the following applies:
(A) The district receives full compensation for its direct
education costs for the conduct of the class from a public or private
agency, individual, or group of individuals.
(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.
(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.
(c) This section shall not be construed as providing a source of
funds to shift, supplant, or reduce the costs incurred by the
Department of Corrections and Rehabilitation in providing inmate
education programs.
SECTION 1. It is the intent of the Legislature
to enact legislation that would authorize school districts to use
innovative and creative methods to raise revenue in the local
community for purposes of the school districts' educational programs.
