Bill Text: CA AB486 | 2021-2022 | Regular Session | Amended
Bill Title: Elementary and secondary education: omnibus bill.
Spectrum: Committee Bill
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 666, Statutes of 2021. [AB486 Detail]
Download: California-2021-AB486-Amended.html
Amended
IN
Assembly
April 19, 2021 |
Introduced by Committee on Education (Assembly Members O’Donnell (Chair), Kiley (Vice Chair), Bennett, Megan Dahle, Lee, and McCarty) |
February 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1703 of the Education Code is amended to read:1703.
The county superintendent of schools may, with the approval of the county board of education and in accordance with regulations of the Superintendent that the Superintendent is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under the county superintendent’s jurisdiction. The regulations of the Superintendent adopted pursuant to this section shall be adopted with the advice of an advisory committee to include county superintendents of schools, which the Superintendent may by this provision appoint.SEC. 2.
Section 1909 of the Education Code is amended to read:1909.
(a) From funds appropriated for allocation pursuant to Sections 2558 and 41841.5, for each county superintendent of schools who maintained schools or classes for adults in correctional facilities in the 1981–82 fiscal year pursuant to Section 1906, and who continues to maintain those schools or classes in each fiscal year thereafter, the SuperintendentSEC. 2.SEC. 3.
Section 12501 of the Education Code is amended to read:12501.
The “designated state official” for this state shall be the Superintendent. The Superintendent shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text of the contract by the state board.SEC. 4.
Section 14022.3 of the Education Code is amended to read:14022.3.
(a) For purposes of calculating “increases in enrollment” pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, the term “enrollment” for school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services means the sum of the following:SEC. 5.
Section 17406 of the Education Code, as amended by Section 2 of Chapter 521 of the Statutes of 2016, is amended to read:17406.
(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.SEC. 6.
Section 17406 of the Education Code, as amended by Section 3 of Chapter 521 of the Statutes of 2016, is amended to read:17406.
(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.SEC. 7.
The heading of Chapter 7 (commencing with Section 19300) of Part 11 of Division 1 of Title 1 of the Education Code is amended to read:CHAPTER 7. California State Library
SEC. 8.
The heading of Article 1 (commencing with Section 19300) of Chapter 7 of Part 11 of Division 1 of Title 1 of the Education Code is amended to read:
Article
1. Division of Libraries in Department of Education General Provisions
SEC. 9.
Section 19301 of the Education Code is amended to read:19301.
There is in theSEC. 10.
Section 19302 of the Education Code is amended to read:19302.
TheSEC. 11.
Section 19306 of the Education Code is amended to read:19306.
The State LibrarianSEC. 12.
Section 19320 of the Education Code is amended to read:19320.
The State Librarian may do all of the following:(d)Keep in order and repair the books and property in the library.
SEC. 13.
Section 19320.5 of the Education Code is amended to read:19320.5.
The State LibrarianSEC. 14.
Section 19321 of the Education Code is amended to read:19321.
The State Librarian shall also do all of the following:SEC. 15.
Section 19322 of the Education Code is amended to read:19322.
TheSEC. 16.
Section 19323 of the Education Code is amended to read:19323.
The State Librarian shall make available in the state on a loan basis toSEC. 17.
Section 19324 of the Education Code is amended to read:19324.
The State Librarian maySEC. 18.
Section 19325 of the Education Code is amended to read:19325.
The State Librarian may provide the following:SEC. 19.
Section 19326 of the Education Code is amended to read:19326.
(a) The State Librarian may annually award a gold medal for excellence in the humanities and science to an individual or organization for publication of a work that has enriched the collection of the California State Library and enriched the state by significantly contributing to the intellectual, cultural, and scientific knowledge of the people of the state.SEC. 20.
Section 19330 of the Education Code is amended to read:19330.
Books may be taken from theSEC. 3.SEC. 21.
Section 33004 of the Education Code is amended to read:33004.
The Superintendent shall be secretary and shall act as executive officer of the state board. The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings.SEC. 4.SEC. 22.
Section 33501 of the Education Code is amended to read:33501.
The following definitions apply to educational advisory bodies created by this chapter:SEC. 5.SEC. 23.
Section 35028 of the Education Code is amended to read:35028.
A person shall not be eligible to hold a position as city superintendent, district superintendent, deputy superintendent, associate superintendent, or assistant superintendent of schools unless the person is the holder of both a valid school administration certificate and a valid teacher’s certificate, unless the person is employed as a deputy, associate, or assistant superintendent in a purely clerical capacity.SEC. 24.
Section 35143 of the Education Code is amended to read:35143.
(a) The governing board of each school district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences withIf
At
At
At
As
SEC. 6.SEC. 25.
Section 35253 of the Education Code is amended to read:35253.
Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy those records of the school district in accordance with regulations of the Superintendent that the Superintendent may by this provision adopt.SEC. 26.
Section 41601 of the Education Code is amended to read:41601.
ForEach report shall be prepared in accordance with instructions on forms prescribed and furnished by the Superintendent of Public Instruction. Average daily attendance shall be computed in the following manner:
SEC. 27.
Section 41608 of the Education Code is amended to read:41608.
ForSEC. 28.
Section 41840 of the Education Code is amended to read:41840.
A school district or county superintendent of schools may only claim average daily attendance for apportionment purposes for schools or classes maintained for adults in correctional facilities if those classes meet the requirements of Section 41976.SEC. 7.SEC. 29.
Section 41962 of the Education Code is amended to read:41962.
School districts may apply for severance aid as provided in this article on forms provided by the Superintendent, and in accordance with regulations that the Superintendent is authorized to adopt.SEC. 30.
Section 41976 of the Education Code is amended to read:41976.
(1)Adult programs in parenting, including parent cooperative preschools, and classes in child growth and development, parent-child relationships, and parenting.
(2)Adult programs in elementary and secondary basic skills and other courses and classes required for the high school diploma. Apportionments for these courses and classes may only be generated by students who do not possess a high school diploma,
except for remedial academic courses or classes in reading, mathematics, and language arts.
(3)Adult education programs in English as a second language.
(4)Adult education programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job specific technical training.
(5)Adult education programs for adults with disabilities.
(6)Adult short-term career technical education programs with high employment potential. Any reference to “vocational” education or programs in adult education means “career
technical” education or programs in adult education.
(7)Adult programs for older adults.
(8)Programs offering pre-apprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area.
(9)Adult programs in home economics.
(10)Adult programs in health and safety education.
(b)No state apportionment shall be made for any course or class that is not set forth in subdivision (a).
SEC. 31.
Section 41976.2 of the Education Code is repealed.Notwithstanding Section 41976, a school district may offer adult education courses and classes if the school district received funding in the 1991–92 fiscal year to conduct programs through independent study for persons 21 years of age or older and persons 19 years of age or older who have not been continuously enrolled in kindergarten, or any of grades 1 to 12, inclusive, since their 18th birthday.
SEC. 32.
Section 41976.5 of the Education Code is repealed.(a)Each school district or county superintendent of schools providing services in summer school programs for adults with disabilities in the 1977-78 school year shall continue in the 1980-81 fiscal year and each fiscal year thereafter to offer these programs.
(b)A school district or county superintendent of schools receiving apportionments from Section A of the State School Fund shall offer summer programs for graduating high school seniors in need of courses for graduation.
SEC. 33.
Section 42238.5 of the Education Code is amended to read:42238.5.
(a) For purposes of Section 42238, the fiscal year average daily attendance shall be computed pursuant to paragraph (1) or (2).SEC. 8.SEC. 34.
Section 42639 of the Education Code is amended to read:42639.
(a) The county auditor may examine each order and requisition on school district funds transmitted to the auditor by the county superintendent of schools. If the auditor allows the order and requisition, the auditor shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number that the auditor gives the warrant, and file it in the auditor’s office. The auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to the payee’s order.SEC. 9.SEC. 35.
Section 44843 of the Education Code is amended to read:44843.
The county superintendent of schools shall be given immediate notice in writing by the governing board of the school district of the employment of persons for positions requiring certification qualifications. The notice shall include, but not be limited to, such data as may be prescribed by the Superintendent, in regulations that the Superintendent may by this provision adopt.SEC. 36.
Section 45113 of the Education Code is amended to read:45113.
(a) The governing board of a school district shall prescribe written rules andSEC. 37.
Section 45301 of the Education Code is amended to read:45301.
(a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes.SEC. 38.
Section 46190 of the Education Code is repealed.In classes for adults, a day of attendance is 180 minutes of attendance but no student shall be credited with more than 15 clock hours of attendance per school week, proportionately reduced for those school weeks having weekday holidays on which classes are not held unless he or she is enrolled in a class in elementary subjects, a class for which high school credit is given, a class in English for foreigners, a class in citizenship, or a class in a trade or industrial subject as trade or industrial subject is defined by the State Board of Education for grades 7 to 12, inclusive.
SEC. 39.
Section 46192 of the Education Code is repealed.Each clock hour of teaching time devoted to the individual instruction of adults with physical disabilities who are patients in a tuberculosis ward or hospital maintained by one or more counties shall count as one day of attendance but no such adult shall be credited with more than one day of attendance in any calendar day.
SEC. 40.
Section 46300.4 of the Education Code is repealed.If a pupil 21 years of age or older, or a pupil 19 years of age or older, has not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since his or her 18th birthday, any attendance credit for coursework he or she is pursuing through independent study shall be eligible for apportionment only if it is one or more of the types of courses set forth in paragraph (1) of subdivision (a) of Section 51225.3 or any course required by the governing board as a prerequisite to receiving a diploma of high school graduation.
This section shall become operative on July 1, 1990.
SEC. 41.
Article 5 (commencing with Section 46351) of Chapter 3 of Part 26 of Division 4 of Title 2 of the Education Code is repealed.SEC. 10.SEC. 42.
Section 49180 of the Education Code is amended to read:49180.
If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, the Superintendent shall report the violation to the Labor Commissioner. The report shall be made within 48 hours, and shall be in writing, setting forth the fact that the Superintendent has good cause to believe that a statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Director of Industrial Relations shall make an inspection or investigation of the violation and shall take action as provided in Section 1287 of the Labor Code.SEC. 43.
Section 49430.7 of the Education Code is amended to read:49430.7.
(a) For purposes of this section, the following terms have the following meanings:SEC. 44.
Section 49534 of the Education Code is amended to read:49534.
(a) TheProjects
SEC. 45.
Section 49556 of the Education Code is amended to read:49556.
The SuperintendentSEC. 46.
Article 11.5 (commencing with Section 49565) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code is repealed.SEC. 47.
Section 51749.5 of the Education Code is amended to read:51749.5.
(a) Notwithstanding any other law, and commencing with the 2015–16 school year, a school district, charter school, or county office of education may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions:SEC. 48.
Section 51796 of the Education Code is amended to read:51796.
(a) The Instructional School Gardens Program is hereby established for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education. The program shall be administered by theSEC. 49.
Section 51796.2 of the Education Code is amended to read:51796.2.
(a) A school district, charter school, or county office of education may apply to the Superintendent for funding for a three-year grant under this article in a manner determined by the Superintendent, in order to develop and maintain an instructional school garden. The application, at a minimum, shall indicate the school or schools at which the instructional school gardens are, or are to be, located; the grade level or grade levels to be targeted; the potential number of classes within the grade levels and number of pupils who would use the instructional school gardens; and the intended items of expenditure for any funds received. The application also shall include an explanation of the six-month reporting requirement specified in Section 51796.5.(1)Each
(2)The receipt of a grant during the period from the 2006–07 fiscal year to the 2008–09 fiscal year, inclusive, for instructional school garden equipment or supplies by a school district, charter school, or county office of education shall not be dependent on the receipt of a grant for instructional school garden professional development by the same district, charter school, or county office.
SEC. 50.
Section 51797 of the Education Code is amended to read:51797.
During its annual discretionary grant funding process, the California Integrated Waste Management BoardSEC. 51.
Section 52500.1 of the Education Code is amended to read:52500.1.
(a)
(b)
SEC. 52.
Section 52501 of the Education Code is amended to read:52501.
The governing board ofSEC. 53.
Section 52501.5 of the Education Code is amended to read:52501.5.
(b)When a district’s adult revenue limit as allowed by Section 52616 is composed of average daily attendance from both a regional occupational center or program and an adult education program, the adult revenue limit income may be allocated to each program in a proportion other than the amount of adult revenue limit per average daily attendance otherwise allocable thereto.
SEC. 54.
Section 52502 of the Education Code is amended to read:52502.
The governing board of a high school district or unified school district may establish classes for adults. IfSEC. 55.
Section 52505 of the Education Code is amended to read:52505.
Such classes may be convened at such hours and for such length of time during the day or evening and at such period and for such length of time during the school year as may be determined by the governing authority. The governing board of any high school district or unified school district may provide for the maintenance of these classes.SEC. 56.
Section 52510 of the Education Code is repealed.The governing board of each district maintaining an adult school and offering an elementary program shall prescribe requirements for eighth grade graduation from the adult school.
SEC. 57.
Section 52511 of the Education Code is amended to read:52511.
(b)Notwithstanding the provisions of subdivision (a) of this section, whenever the governing board of a school district offering automobile driver training in an adult school or classes for adults determines that such training cannot be conducted effectively wholly within the district’s boundaries, it may cause the training to be conducted outside the boundaries of the district.
SEC. 58.
Section 52512 of the Education Code is repealed.Classes for adults may be maintained in conjunction with day or evening high schools, day or evening adult schools, or day or evening regional occupational centers.
SEC. 59.
Section 52513 of the Education Code is repealed.The governing board of any high school district or unified school district may provide for the maintenance on Saturday and Sunday of classes for adults.
SEC. 60.
Section 52515 of the Education Code is amended to read:52515.
State funds shall not be apportioned to a school districtSEC. 61.
Section 52516 of the Education Code is repealed.The governing board of any school district maintaining an adult school shall have authority with the approval of the Department of Education to establish a prescribed course in elementary subjects appropriate to needs of adults.
SEC. 62.
Section 52517 of the Education Code is amended to read:52517.
SEC. 63.
Section 52518 of the Education Code is repealed.No class for adults in dancing or recreational physical education shall be maintained by any district for which the district receives money from the State School Fund.
SEC. 64.
Section 52519 of the Education Code is repealed.(a)The governing board of any high school district or unified school district shall, prior to establishing a vocational or occupational training program, conduct a job market study of the labor market area in which it proposes to establish the program. The study shall use the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information. The study shall include a California Occupational Information System supply analysis of existing vocational and occupational education or training programs for adults maintained by high schools, community colleges, and private postsecondary schools in the area to ensure that the anticipated employment demand for the adults enrolled in the proposed program justifies the establishment of the proposed courses of instruction.
(b)Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the high school or unified school district shall determine whether or not the study justifies the proposed vocational education program.
(c)If the governing board of the high school district or unified school district determines that the job market study justifies the initiation of the proposed program, it shall, by resolution, determine whether the program shall be offered through the district’s own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092.
SEC. 65.
Section 52520 of the Education Code is repealed.(a)Every vocational or occupational training program for adults offered by any high school district or unified school district shall be reviewed every two years by the governing board to assure that each program does all of the following:
(1)Meets a documented labor market demand.
(2)Does not represent unnecessary duplication of other manpower training programs in the area.
(3)Is of demonstrated effectiveness as measured by the employment and completion success of its students.
(b)Any
program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year.
(c)The review process required by this section shall include the review and comments by the local workforce investment board established pursuant to the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.), and pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur before any decision by the appropriate governing body.
SEC. 66.
Section 52522 of the Education Code is repealed.(a)The Superintendent may approve school district plans for adult education innovation and alternative instructional delivery. School districts making an application under this section shall demonstrate how the needs of adults will be addressed by programs, including, but not limited to:
(1)Worksite adult basic education skills instruction.
(2)Distance learning, as defined in Section 51865.
(3)Home-based and community-based independent study approaches using instructional technologies.
(4)Tests of alternative reimbursement approaches other than average daily attendance to determine whether they are reasonable and feasible, to the extent that there is no decrease in the number of students served nor an increase in cost to the state.
(b)School districts approved to implement demonstration programs under this section may claim and expend up to 5 percent of their adult block entitlement for implementation of approved programs.
(c)In addition to subdivision (b), a school district may claim and expend more than 5 percent, but no more than 15 percent, of its adult block entitlement if the program is approved by the Superintendent pursuant to subdivision (a).
(1)The Superintendent shall not approve a claim for a program pursuant to this subdivision unless the school district maintains the following accountability mechanisms for the program that may be verified through annual audits:
(A)The school district maintains documentation of the hours of student attendance required for apportionment purposes.
(B)Instructional resources are available to students.
(C)Measurement of academic gains in knowledge and skills may be determined.
(D)Student-to-teacher ratios for each course offered do not exceed the average statewide ratio for similar adult education programs.
(2)An application for adult education innovation and alternative instructional delivery shall include, but is not necessarily limited to, all of the following information for each course:
(A)How contact between students and teachers, including manner, frequency, and rules for submission and review of student work, is accomplished, including, but not necessarily limited to, the form of contract to be used between students and the teacher of record.
(B)Methods of maintaining course and student data that document instructional time to ensure that claimed units of average daily attendance are based on the equivalent of 525 hours of student attendance under the supervision of the teacher of record, that shall include the manner in which the school district does all of the following:
(i)Determines beginning and ending dates of course enrollments.
(ii)Documents student-teacher meeting time.
(iii)Documents the value of student work that is not accomplished in the presence of the teacher of record.
(C)The specific instructional resources that are available to students to complete course requirements, and how those resources are provided and accessed.
(D)The methods of assessing the academic gains of each student, including pre- and post-test systems.
(E)The number of students assigned to each teacher of record, and how the planned student-to-teacher ratio will be maintained for open entry and exit course scheduling.
(d)School districts implementing programs under this section shall report expenditures to the Superintendent in an annual fiscal report, as specified in regulations adopted by the Superintendent. Funds reported under this section and approved by the Superintendent shall continue to be allocated as part of the district’s adult block entitlement in subsequent fiscal years.
(e)The Superintendent shall adopt rules and regulations for the administration of this section to include:
(1)Allowable expenditures.
(2)The range of expenditures per pupil enrolled in the program.
(3)Reporting requirements.
(4)Program evaluation.
SEC. 67.
Section 52522.2 of the Education Code is amended to read:52522.2.
It is the intent of the Legislature that theSEC. 68.
Section 52523 of the Education Code is amended to read:52523.
Adult education programs, courses, and classes shall not be used to supplant the regular high school curriculum for high school pupils enrolled in adult education. Adult education shall supplement and enrich the high school pupil’s educational experiences. Therefore, adult education, at a minimum, shall meet the following criteria:The Superintendent of Public Instruction
(f)
SEC. 69.
Section 52525 of the Education Code is repealed.The Legislature finds and declares all of the following:
(a)A healthy state economy is dependent on an educated and well-prepared workforce. Career technical education plays a critical role in developing the workforce necessary for the economic viability of the state, keeping pupils engaged in the educational process, and providing meaningful skills that translate to productive careers.
(b)Data and projections from the Employment Development Department reveal that between the years of 2000 and 2006, approximately 711,290 jobs that do not require a college degree will need to be filled.
(c)The United States Department of Labor indicates that only about 20 percent of the jobs in the workforce require a baccalaureate degree.
(d)The State Department of Education reports that over 75 percent of the “industrial technology education,” which includes, but is not limited to, automotive, construction, and manufacturing programs in California’s schools have closed since the mid-1970s.
(e)The Employment Development Department and other sources reveal that current course offerings and enrollments are insufficient to fill the projected need of the state’s future labor market. Existing courses provide only 65 percent of the projected course requirements.
SEC. 70.
Article 2 (commencing with Section 52530) of Chapter 10 of Part 28 of Division 4 of Title 2 of the Education Code is repealed.SEC. 71.
Section 52540 of the Education Code is amended to read:52540.
Upon application of 20 or more persons aboveSEC. 72.
Section 52541 of the Education Code is repealed.Application for classes shall be made in time to permit the board to arrange to meet the expenses of the classes.
SEC. 73.
Section 52542 of the Education Code is repealed.The board may establish the classes without demand and with a lesser number of students.
SEC. 74.
Section 52543 of the Education Code is repealed.The classes shall be held at least twice a week for a two-hour period.
SEC. 75.
Section 52544 of the Education Code is repealed.If the enrollment in any class falls to 10 or less for a one-month period, the governing board may discontinue the class for that year.
SEC. 76.
Section 52552 of the Education Code is amended to read:52552.
Upon application of 25 or more persons desiring training for citizenship and residing in a high school district, the governing board of the high school district shall establish special classes in training for citizenship. UponSEC. 77.
Section 52553 of the Education Code is repealed.Application for classes shall be made in time to permit the governing board to arrange to meet the expenses of the classes.
SEC. 78.
Section 52554 of the Education Code is repealed.Upon satisfactory evidence that any school district required to do so has failed to establish and maintain classes in training for citizenship, the Superintendent of Public Instruction and county superintendent of schools may withhold 5 percent of state and county apportionments until the district has complied with the provisions of this article.
SEC. 79.
Section 52556 of the Education Code is repealed.The classes shall be held at least twice a week for three months. At the close of this period, if the enrollment in any class has fallen to 10 or less for the month, the governing board of the district may discontinue the class for that year.
SEC. 80.
Section 52570 of the Education Code is amended to read:52570.
The governing board ofSEC. 81.
Section 52571 of the Education Code is repealed.Special classes for adults with disabilities may be conducted under the direction of the governing board of the school district in workshop and training facilities provided by nonprofit organizations, or in public school facilities. These facilities may include those where part-time paid work education and training is conducted and where less than the state minimum wage is paid.
SEC. 82.
Section 52572 of the Education Code is amended to read:52572.
The governing board ofSEC. 83.
Section 52610.5 of the Education Code is amended to read:52610.5.
Notwithstanding Section 52610, any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more ofSEC. 84.
Section 52614 of the Education Code is repealed.The governing board of the district shall designate an employee or employees of the district to have custody of the incidental expense account, or accounts, who shall be responsible for the payment into the account, or accounts, of all moneys required to be paid into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board prescribes.
SEC. 85.
Section 52615 of the Education Code is repealed.The regulations of the governing board may provide for the sale of materials purchased from the incidental expense account to pupils in classes for adults, for use in connection with such classes. The proceeds of all such sales shall be deposited in that account and shall be available for the purposes of that account.
SEC. 86.
Section 52616 of the Education Code is amended to read:(a)Notwithstanding any other law, commencing July 1, 1993, the Superintendent shall determine an adult block entitlement, to be paid from appropriations to Section A of the State School Fund as part of the principal apportionment to school districts, for those school districts that maintain education programs for adults by multiplying the adult education revenue limit per unit of average daily attendance
determined pursuant to Section 52616.16 and the adult education average daily attendance determined pursuant to Section 52616.17.(b)The adult block entitlement
52616.
Money derived under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall be deposited in a separate fund of the school district to be known as the “adult education fund.” Money inSEC. 87.
Section 52616.2 of the Education Code is repealed.For purposes of calculating the adult block entitlement under Section 52616 for any school district that maintains education programs for adults, as described under subdivision (a) of Section 41976, the Superintendent of Public Instruction shall include the average daily attendance for any parenting programs offered by the district for parents of high-risk pupils, as defined in Section 54721, between the ages of 5 and 18 years, inclusive, which programs shall include, but not necessarily be limited to, instruction in the value of the following pupil objectives:
(a)Completion of the educational process leading to the granting of a diploma of graduation from high school.
(b)Study and learning in conjunction with other pupils.
(c)Fulfillment of school homework requirements.
(d)School attendance and participation as preparation for employment and other activities.
SEC. 88.
Section 52616.4 of the Education Code is amended to read:52616.4.
(a) Money in the Adult Education Fund of a school district may be expended only for the following charges:(A)
(B)
(i)
(ii)
(iii)
(iv)
(v)
(C)
(i)
(ii)
(I)
(II)
(III)
(IV)
(D)
(E)
For
(3)Indirect costs of the adult education program. For the purposes of this paragraph, “indirect costs” means the lesser of the school district’s prior year indirect cost rate as approved by the State Department of Education or the statewide average indirect cost rate for high school and unified school districts for the second prior fiscal year.
(4)As an alternative to charging the costs in both paragraphs (2) and (3) to the adult education program, a school
district may transfer not more than 8 percent of the annual revenue deposited in the district’s Adult Education Fund to the district’s general fund for expenditures the district incurs in operating its adult education program.
SEC. 89.
Section 52616.5 of the Education Code is repealed.(a)Notwithstanding the provisions of Section 52616.4, the Merced Union High School District may use money in its Adult Education Fund to purchase up to 20 existing district-owned classrooms for the exclusive use of its adult education program.
(b)The Adult Education Fund money used by the Merced Union High School District to purchase existing district-owned classrooms for the exclusive use of its adult education program shall be placed in a separate account after the purchase
is completed.
(c)The money in the separate account established pursuant to subdivision (b) shall be used by the Merced Union High School District solely for the purpose of purchasing classrooms for use by students in grades 9 to 12, inclusive. The school district shall purchase, with the funds in the separate account, an equal number of classrooms for use by students in grades 9 to 12, inclusive, as the number of classrooms purchased for the adult education program pursuant to subdivision (a).
(1)If the funds in the separate account are insufficient to purchase an equal number of classrooms for use by students in grades 9 to 12, inclusive, then the school district may use district general fund money to complete the purchase of the classrooms.
(2)If there are funds remaining in the separate account after the
purchase of an equal number of classrooms for use by students in grades 9 to 12, inclusive, those funds shall be transferred back to the Adult Education Fund.
(d)The classrooms purchased pursuant to this section shall meet the structural standards imposed by law for earthquake safety pursuant to Article 3 (commencing with Section 39140) and Article 6 (commencing with Section 39210) of Chapter 2 of Part 23.
(e)Any classrooms purchased pursuant to subdivision (a) shall not be included in the area of adequate school construction existing in the school district pursuant to Section 17742.7.
(f)This section shall not expand the Merced Union High School District’s eligibility for funding pursuant to the Public Education Facilities Bond Act of 1996 (Part 66 (commencing with Section 100000)).
SEC. 90.
Section 52616.16 of the Education Code is repealed.(a)For the 1993–94 fiscal year, each school district’s adult education revenue limit per unit of average daily attendance shall be determined as follows:
(1)(A)Add the total apportionment the school district received for the 1991–92 fiscal year for its adult education program and the portion of its state apportionment that represents the funding for those secondary school pupils concurrently enrolled in adult education.
(B)Add the school district’s average daily attendance funded for the annual apportionment for the 1991–92 fiscal year for adult education and the portion of the district’s funded regular average daily attendance for secondary school pupils concurrently enrolled in adult education.
(C)Divide subparagraph (A) by subparagraph (B) to determine the school district’s adult education revenue limit per unit of average daily attendance.
(2)(A)For a school district offering adult education courses and classes pursuant to Section 41976.2, multiply the funded average daily attendance for the second principal apportionment made in the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of
grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992, by the statewide average funded adult education revenue limit for the 1992–93 fiscal year. This amount shall be added to the amount calculated pursuant to subparagraph (A) of paragraph (1) of this subdivision.
(B)Determine the funded average daily attendance made in the second principal apportionment for the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992. This amount shall be added to the amount calculated pursuant to subparagraph (B) of paragraph (1) of this subdivision.
(3)If the
amount determined in paragraph (1) is between one thousand seven hundred seventy-five dollars ($1,775) and two thousand fifty dollars ($2,050), that amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1993–94 fiscal year.
(4)If the amount determined in paragraph (1) is greater than two thousand fifty dollars ($2,050), the difference between that amount and two thousand fifty dollars ($2,050) shall be multiplied by 0.67 and that product shall be added to two thousand fifty dollars ($2,050). That amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1993–94 fiscal year.
(5)If the amount determined in paragraph (1) is less than one thousand seven hundred seventy-five dollars ($1,775), the difference between that amount and one thousand seven hundred seventy-five dollars
($1,775) shall be multiplied by .67 and that product shall be subtracted from one thousand seven hundred seventy-five dollars ($1,775). That amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1993–94 fiscal year.
(6)Any school district that establishes a new adult education program and receives a state apportionment for adult education on or after July 1, 1993, shall have an adult education revenue limit per unit of average daily attendance equal to the statewide average adult education revenue limit for the 1993–94 fiscal year.
(b)For the 1994–95 fiscal year, each school district’s adult education revenue limit per unit of average daily attendance shall be determined as follows:
(1)(A)Add the total apportionment the school district
received for the 1991–92 fiscal year for its adult education program and the portion of its state apportionment that represents the funding for those secondary school pupils concurrently enrolled in adult education.
(B)Add the school district’s average daily attendance funded for the annual apportionment for the 1991–92 fiscal year for adult education and the portion of the district’s funded regular average daily attendance for secondary school pupils concurrently enrolled in adult education.
(C)Divide subparagraph (A) by subparagraph (B) to determine the school district’s adult education revenue limit per unit of average daily attendance.
(2)(A)For a school district offering adult education courses and classes pursuant to Section 41976.2, multiply the funded average daily attendance for the
second principal apportionment made in the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992, by the statewide average funded adult education revenue limit for the 1992–93 fiscal year. This amount shall be added to the amount calculated pursuant to subparagraph (A) of paragraph (1) of this subdivision.
(B)Determine the funded average daily attendance for the second principal apportionment made in the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section
read on January 1, 1992. This amount shall be added to the amount calculated pursuant to subparagraph (B) of paragraph (1) of this subdivision.
(3)If the amount determined in paragraph (1) is between one thousand seven hundred seventy-five dollars ($1,775) and two thousand fifty dollars ($2,050), that amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1994–95 fiscal year.
(4)If the amount determined in paragraph (1) is greater than two thousand fifty dollars ($2,050), the difference between that amount and two thousand fifty dollars ($2,050) shall be multiplied by 0.33 and that product shall be added to two thousand fifty dollars ($2,050). That amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1994–95 fiscal year.
(5)If the amount determined in paragraph (1) is less than one thousand seven hundred seventy-five dollars ($1,775), the difference between that amount and one thousand seven hundred seventy-five dollars ($1,775) shall be multiplied by .34 and that product shall be subtracted from one thousand seven hundred seventy-five dollars ($1,775). That amount shall be the district’s adult education revenue limit per unit of average daily attendance for the 1994–95 fiscal year.
(6)Any school district that establishes a new adult education program and receives a state apportionment for adult education on or after July 1, 1993, shall have an adult education revenue limit per unit of average daily attendance that is equal to the statewide average adult education revenue limit for the 1994–95 fiscal year.
(c)For the 1995–96 fiscal year the adult education revenue limit per unit of
average daily attendance shall be one of the following:
(1)The amount determined in paragraph (1) of subdivision (a).
(2)Two thousand fifty dollars ($2,050) for any district that had a 1993–94 fiscal year adult education revenue limit per unit of average daily attendance determined pursuant to paragraph (4) of subdivision (a).
(3)One thousand seven hundred seventy-five dollars ($1,775) for any district that had a 1993–94 fiscal year adult education revenue limit per unit of average daily attendance determined pursuant to paragraph (5) or paragraph (6) of subdivision (a).
(d)Commencing July 1, 1996, an inflation adjustment shall be calculated for each district so that over time the adult education revenue limit per unit of average daily attendance
shall be the same for all districts. A school district’s adult education revenue limit per unit of average daily attendance shall be the district’s prior fiscal year’s adult education revenue limit per unit of average daily attendance increased by a dollar amount calculated as follows:
(1)Determine the dollar amount by multiplying the statewide average funded adult education revenue limit per unit of average daily attendance for the prior fiscal year by the inflation adjustment used to increase revenue limits for unified school districts pursuant to Section 42238.1.
(2)Determine a factor as follows:
(A)Multiply the highest funded adult education revenue limit per unit of average daily attendance in the state for the prior fiscal year by 1.02.
(B)Divide the amount determined in subparagraph (A) by the funded adult education revenue limit per unit of average daily attendance of the school district for the prior fiscal year.
(C)If the number determined in subparagraph (B) is greater than 1.10, that result shall be reduced to 1.10. If the number determined in subparagraph (B) is less than 1.02, that result shall be increased to 1.02.
(D)Subtract 1.0 from the number determined in subparagraph (C).
(E)Divide the number determined in subparagraph (D) by the inflation adjustment used to increase revenue limits for a unified school district pursuant to Section 42238.1.
(3)Multiply the dollar amount determined in paragraph (1) by the factor determined in paragraph (2).
(4)Add the amount determined in paragraph (3) to the funded adult revenue limit per unit of average daily attendance of the school district for the prior fiscal year. In no case shall any revenue limit per unit of average daily attendance be increased above the amount calculated in subparagraph (A) of paragraph (2).
The Superintendent of Public Instruction shall reallocate any amounts calculated for a district in excess of the amount calculated in subparagraph (A) of paragraph (2) to augment the inflation adjustments of other districts.
If the amount of funds needed to provide inflation adjustments calculated pursuant to this subdivision exceeds the amount appropriated in the annual Budget Act for adult education program inflation adjustments, the superintendent shall prorate the amounts calculated pursuant to this subdivision.
(e)When each district’s adult education revenue per unit of average daily attendance is the same, each district, notwithstanding paragraphs (1) and (2) of subdivision (d), shall receive the same inflation adjustment calculated pursuant to the inflation adjustment used to increase revenue limits for unified school districts pursuant to Section 42238.1.
(f)If there is an average daily attendance audit adjustment for any of the 1990–91, 1991–92, or 1992–93 fiscal years, for purposes of calculating the district’s adjusted adult education revenue limit pursuant to this section, the superintendent, with the approval of the Department of Finance, may waive the average daily attendance audit adjustment if the superintendent determines that the audit exception was minor or inadvertent, or both.
SEC. 91.
Section 52616.17 of the Education Code is repealed.Commencing July 1, 1993, the Superintendent of Public Instruction shall determine an authorized limit of adult education average daily attendance for all high school districts and unified school districts that operated and claimed adult education state apportionment for the 1992–93 fiscal year, as follows:
(a)For the 1993–94 fiscal year, the district’s authorized adult education average daily attendance shall be one of the following:
(1)The district’s adult education average daily attendance added to the district’s average daily attendance for concurrently enrolled high school pupils in adult education programs that was certified for the annual principal apportionment report and for which state apportionment for the 1991–92 fiscal year was received.
(2)If the district’s average daily attendance for concurrently enrolled high school pupils in adult education used in paragraph (1) exceeds 10 percent of the district’s total average daily attendance for all pupils in grades 9 to 12, inclusive, for the same reporting period, the district’s authorized adult education average daily attendance pursuant to paragraph (1) shall be reduced by multiplying the amount of certified average daily attendance for concurrently enrolled high school pupils in adult education that exceeds 10 percent by 0.33 and subtracting that amount from the district’s authorized adult education
average daily attendance pursuant to paragraph (1).
(3)For a school district offering adult education courses and classes pursuant to Section 41976.2, add to the amount calculated pursuant to paragraphs (1) or (2) the number of units of average daily attendance claimed by that district for the second principal apportionment made in the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of the grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992.
(b)For the 1994–95 fiscal year, the district’s authorized adult education average daily attendance shall be one of the following:
(1)The district’s adult education
average daily attendance added to the district’s average daily attendance for concurrently enrolled high school pupils in adult education programs that was certified for the annual principal apportionment report and for which state apportionment for the 1991–92 fiscal year was received.
(2)If the district’s average daily attendance for concurrently enrolled high school pupils in adult education used in paragraph (1) exceeds 10 percent of the district’s total average daily attendance for all pupils in grades 9 to 12, inclusive, for the same reporting period, the district’s authorized adult education average daily attendance pursuant to paragraph (1) shall be reduced by multiplying the amount of certified average daily attendance for concurrently enrolled high school pupils in adult education that exceeds 10 percent by 0.67 and subtracting that amount from the district’s authorized adult education average daily attendance pursuant to paragraph
(1).
(3)For a school district offering adult education courses and classes pursuant to Section 41976.2, add to the amount calculated pursuant to paragraphs (1) or (2) the number of units of average daily attendance claimed by that district for the second principal apportionment made in the 1991–92 fiscal year for independent study pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of the grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992.
(c)For the 1995–96 fiscal year, the district’s authorized adult education average day attendance shall be one of the following:
(1)The district’s adult education average daily attendance added to the district’s
average daily attendance for concurrently enrolled high school pupils in adult education programs that was certified for the annual principal apportionment report and for which the state apportionment for the 1991–92 fiscal year was received.
(2)If the district’s average daily attendance for concurrently enrolled high school pupils in adult education used in paragraph (1) exceeds 10 percent of the district’s total average daily attendance for all pupils in grades 9 to 12, inclusive, for the same reporting period, the district’s authorized adult education average daily attendance pursuant to paragraph (1) shall be reduced by multiplying the amount of certified average daily attendance for concurrently enrolled high school pupils in adult education that exceeds 10 percent by 1.00 and subtracting that amount from the district’s authorized adult education average daily attendance pursuant to paragraph (1).
(3)For a school district offering adult education courses and classes pursuant to Section 41976.2, add to the amount calculated pursuant to paragraph (1) or (2), whichever is applicable, the number of units of average daily attendance claimed by the district for the second principal apportionment for the 1991–92 fiscal year for independent study pupils 21 years of age and older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten, or any of grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992.
(d)For the 1996–97 fiscal year, and each fiscal year thereafter, a school district’s adult education average daily attendance for apportionment purposes shall be its authorized adult education average daily attendance for the prior fiscal year multiplied by 1.025.
(e)Commencing July 1, 1996, a school district shall not certify for apportionment purposes, that portion of any average daily attendance in adult education programs generated by pupils who are concurrently enrolled for apportionment purposes in high school that exceeds 10 percent of the district’s average daily attendance for all pupils in grades 9 to 12, inclusive, for the same reporting period.
(f)It is the intent of the Legislature that, commencing July 1, 1993, each school district that conducted programs in the 1991–92 fiscal year through independent study for pupils 21 years of age or older and pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday, as calculated pursuant to Section 46300.1, as that section read on January 1, 1992, continue to serve at least the same number of
units of average daily attendance through adult education for high school diploma programs in all subsequent years as were funded through those independent study programs in the 1991–92 fiscal year, unless the school district governing board determines that meeting this service requirement would incur costs in excess of the revenue received.
SEC. 92.
Section 52616.18 of the Education Code is amended to read:52616.18.
(a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the school district meets both of the following criteria:(c)A school district that receives state funding under this section shall ensure that priority for program service is given to persons applying for the district’s adult education programs authorized by
paragraphs (2), (3), and (4) of subdivision (a) of Section 41976.
(d)A school district that maintains a current delineation of function agreement with a community college district pursuant to Chapter 3 (commencing with Section 8500) of Part 6 are authorized to divide the responsibility for offering courses pursuant to Section 41976 by mutual agreement of the boards of those districts.
(e)This section shall be operative to the extent that the superintendent determines that funds are available pursuant to Section 52616.19 to implement the section on or after July 1, of each fiscal year.
SEC. 93.
Section 52616.19 of the Education Code is repealed.(a)Commencing with the 1993–94 fiscal year, and each fiscal year thereafter, the only funding available for purposes of Sections 52616, 52616.16, 52616.17, and 52616.18 shall be the following:
(1)Funds that would have been apportioned for purposes of Section 52616, as that section read on June 30, 1993.
(2)Funds that would have been apportioned for purposes of concurrently enrolled average daily attendance
pursuant to Section 42238.5, as that section read on June 30, 1993.
(3)Funds that would have been available for purposes of adult elementary and secondary independent study average daily attendance pursuant to Section 46300.1, as that section read on June 30, 1993.
(b)In the 1993–94 fiscal year, up to four million two hundred fifty thousand dollars ($4,250,000) shall be available for the start up of new adult education programs pursuant to Section 52616.18. In the 1994–95 fiscal year, up to eight million five hundred thousand dollars ($8,500,000) shall be available for the startup of new adult education programs and the continuation of programs started and funded in the 1993–94 fiscal year. Four million two hundred fifty thousand dollars ($4,250,000) of that amount shall only be available for new adult education programs if there is no deficit applied pursuant to subdivision
(c). It is the intent of the Legislature that, commencing in the 1995–96 fiscal year, those adult education programs started and funded in the 1993–94 and 1994–95 fiscal years shall continue to be funded.
(c)If the funds available pursuant to subdivision (a) are not sufficient to fully fund Sections 52616, 52616.16, 52616.17, and 52616.18, the Superintendent of Public Instruction shall reduce the adult education apportionment for each district that received funding pursuant to Section 52616.16.
(d)If the funds available pursuant to subdivision (a) exceed the amount needed to fund the purposes specified in Sections 52616, 52616.16, 52616.17, 52616.18, and 52617, the Superintendent shall allocate those excess funds on a one-time basis to a school district operating adult education programs that have exceeded its number of units of authorized adult education average daily
attendance in proportion to the excess units of average daily attendance served by each school district for that fiscal year. The Superintendent may not allocate an amount of funds to a school district pursuant to this subdivision that exceeds the total number of units of authorized adult education average daily attendance served by the school district multiplied by the appropriate funding rate per unit of average daily attendance.
SEC. 94.
Section 52616.20 of the Education Code is repealed.For purposes of calculating a school district’s authorized adult education average daily attendance pursuant to Section 52616.17, average daily attendance for concurrently enrolled high school pupils in adult education programs for districts that currently are party to an adult education joint powers agreement established prior to January 1, 1963, shall be based upon the aggregate average daily attendance of all participating districts’ pupils in grades 9 to 12, inclusive. Notwithstanding this section, the average daily attendance for concurrently enrolled high
school pupils in the Covina-Valley Unified School District, operated by the Tri-Community Adult Education joint powers authority, shall not exceed the average daily attendance for concurrently enrolled high school pupils in the Covina-Valley Unified School District for the 1992-93 fiscal year.
SEC. 95.
Section 52616.21 of the Education Code is repealed.Notwithstanding subdivision (a) of Section 46300 or any other law, a county office of education may administer an adult education program and each eligible school district, as specified in subdivision (e), within its jurisdiction may participate in the program. A county office of education administering that adult education program may report the average daily attendance of each school district participating in the adult education program for the purpose of receiving apportionments pursuant to Sections 52616.18 and 52616.19. The Superintendent of Public
Instruction shall make apportionments pursuant to those sections to a county office of education administering that adult education program provided the following conditions are met:
(a)The county office of education has a current, valid, written mutual delineation agreement with the local community college located in the geographic area in which the adult education program is offered.
(b)The attendance of students reported is attendance while engaged in educational activities required of those students under the immediate supervision and control of a certificated employee of a school district that is under the jurisdiction of the county office of education.
(c)The county office of education serves an area of large geographic expanse that is sparsely populated and geographically isolated, as determined by the
Superintendent of Public Instruction.
(d)The average daily attendance reported is only for those school districts that have agreed to participate in the county-administered adult education program.
(e)At least 5 percent of the average daily attendance reported by the school districts served by the county office of education is attributable to the school districts participating in the county-administered adult education program for the purposes of apportionments pursuant to Sections 52616.18 and 52616.19.
SEC. 96.
Section 52616.24 of the Education Code is repealed.In the event that a school district is found, pursuant to an audit, to have incorrectly reported adult education or concurrently enrolled average daily attendance to the State Department of Education, the Superintendent of Public Instruction shall recalculate the average daily attendance for purposes of determining the adult block entitlement pursuant to Section 52616.
SEC. 97.
Section 52617 of the Education Code is repealed.(a)(1)Commencing in the 2006–07 fiscal year, and in each fiscal year thereafter, the Superintendent shall, after making adjustments pursuant to subdivision (d) of Section 52616.17, and based on data reported to the department by local educational agencies on or before July 15 of each fiscal year, adjust the allocation of apportionments for adult education average daily attendance as follows:
(A)For a school district operating an adult education program with
fewer than 100 units of authorized adult education average daily attendance, as determined pursuant to Section 52616.17, in the two prior fiscal years, and which served or exceeded its adult education average daily attendance authorized limit in the two prior fiscal years, the Superintendent shall grant to the school district up to 30 additional units of authorized adult education average daily attendance made available after he or she performs the adjustments pursuant to subparagraph (C) upon the request of the district. A school district that receives additional units may not exceed 100 total units. If available units are insufficient to provide for this adjustment, the school district shall receive a prorated amount, relative to the units of authorized adult education average daily attendance of the school district.
(B)For a school district operating an adult education program with 100 or more units of authorized adult education average
daily attendance, as determined pursuant to Section 52616.17, in the two prior fiscal years, and which served or exceeded its units of authorized adult education average daily attendance for the school district in the two prior fiscal years, the school district shall receive a prorated amount of units available, as specified in paragraph (2), after the Superintendent performs the adjustment required by subparagraphs (A) and (C), relative to the adult education average daily attendance authorized limit of the school district.
(C)For a school district operating an adult education program that failed to serve its units of authorized adult education average daily attendance for the school district in the two prior fiscal years, the units of authorized adult education average daily attendance of the school district shall be reduced by an amount equal to one-half of the lowest level of unearned adult education average daily attendance in either of
the two prior fiscal years. The Superintendent shall notify a school district that its units of authorized adult education average daily attendance for the school district are reduced pursuant to this paragraph.
(2)The Superintendent may not perform adjustments pursuant to paragraph (1) that result in a total statewide apportionment of units of authorized adult education average daily attendance that exceeds the amount funded in the annual Budget Act.
(3)(A)A school district that receives additional units of authorized adult education average daily attendance pursuant to paragraph (1) shall provide a number of career technical education courses that is equal to the percentage of average daily attendance of adults attending those courses in the prior three fiscal years without regard to units of authorized adult education average daily attendance added
pursuant to paragraph (1).
(B)A school district shall use funds derived from an adjustment performed pursuant to paragraph (1) for the purpose of providing access to, or direct instruction in, career technical education courses.
(C)“Career technical education courses” means those included within the career and technical education curriculum framework developed pursuant to Section 51226.1.
(b)(1)The following school districts are not eligible for an increase in the additional units of authorized adult education average daily attendance, as specified in Section 52616.17, or for additional units of authorized adult education average daily attendance pursuant to subdivision (a), for the 2005–06 fiscal year:
(A)Alhambra Unified
School District.
(B)Azusa Unified School District.
(C)Banning Unified School District.
(D)East Side Union High School District.
(E)El Monte Union High School District.
(F)Grant Joint Union High School District.
(G)Madera Unified School District.
(H)Montebello Unified School District.
(I)Perris Union High School District.
(J)Santa Maria Joint Union High School District.
(K)Ventura Unified School District.
(2)The following school districts are not eligible for an increase in the additional units of authorized adult education average daily attendance, as specified in Section 52616.17, or for additional units of authorized adult education average daily attendance pursuant to subdivision (a), for the 2005–06 and 2006–07 fiscal years:
(A)Amador County Unified School District.
(B)Dublin Unified School District.
(C)Manteca Unified School District.
(D)Martinez Unified School District.
(E)Novato Unified School District.
(F)Oakdale Joint Unified School District.
(G)Pittsburg Unified School District.
(H)Salinas Union High School District.
(I)Baldwin Park Unified School District.
(3)(A)Notwithstanding paragraph (1) or (2), for the 2005–06 and 2006–07 fiscal years, a school district specified by paragraph (1) or (2) is eligible for an increase in the units of authorized adult education average daily attendance equal to one-half of one percent of the units of authorized adult education average daily attendance of the school district for the sole purpose of the creation of new average daily attendance within a new or existing nursing preparation program.
(B)A school district that receives an increase pursuant to subparagraph (A) shall maintain at least the amount of nursing preparation average daily attendance that is equal to the average daily attendance generated by the school district in nursing preparation programs for the prior three fiscal years to be eligible for the increase specified in subparagraph (A).
(4)It is the intent of the Legislature that this subdivision resolves disputed claims for adult education average daily attendance made for the 1990–91 and 1991–92 fiscal years.