Bill Text: CA AB553 | 2009-2010 | Regular Session | Amended
Bill Title: Educational finance: regional occupational centers or
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB553 Detail]
Download: California-2009-AB553-Amended.html
BILL NUMBER: AB 553 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Furutani
FEBRUARY 25, 2009
An act to add Section 52321.5 to amend
Section 52302.8 of the Education Code, relating to education
finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 553, as amended, Furutani. Educational finance: regional
occupational centers or programs.
Existing law authorizes the establishment of regional occupational
centers or programs to provide career technical education and
technical training to students. Existing law provides a system for
the funding of regional occupational centers or programs that
includes provision for the apportionment of state funds to these
centers or programs. Existing law requires that, for the 2011
- 12 fiscal year and each fiscal year
thereafter, a regional occupational center or program may claim no
more than 10% of the state-funded average daily attendance for which
the center or program is eligible, for services provided to students
who are not enrolled in grades 9 to 12, inclusive, and up to an
additional 5% for CalWORKs, Temporary Assistance Program, or
Job Corps participants and participants under the federal Workforce
Investment Act of 1998 who are enrolled in Intensive Training
services.
This bill would express legislative findings and
declarations relating to the variance, among regional occupational
centers or programs throughout the state, in the amount of state
funding per unit of average daily attendance that is apportioned to
those centers or programs. The bill, commencing with the 2011-12
fiscal year, would require the Superintendent of Public Instruction
to calculate a rate per unit of average daily attendance that would
be apportioned to each regional occupational center or program and to
determine the statewide median of total state funding received per
unit of average daily attendance by each regional occupational center
or program instead require that this 10% limit
commence with the 2013-14 fiscal year and continue each fiscal year
thereafter .
The bill would also require the Superintendent of Public
Instruction, commencing with the 2011-12 fiscal year, to inform, in
writing, the governing board of each regional occupational center or
program that he or she determines is funded at a rate per unit of
average daily attendance that is below the statewide median
determined under the bill that it is exempt from requirements imposed
on regional centers or programs by a specified statute unless and
until the Superintendent determines that the regional center or
program is funded at a rate per unit of average daily attendance that
is higher than or equal to the statewide median determined under the
bill.
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 52302.8 of the
Education Code is amended to read:
52302.8. (a) The Legislature hereby finds and declares that
vocational training resources that are provided through regional
occupational centers and programs are an essential component of the
state's secondary school system and the local system of providing
occupational skills training to high school pupils. For this reason,
the Legislature finds and declares that these resources should be
focused primarily on the needs of pupils enrolled in high school.
(b) For the 2008-09 fiscal year, a regional occupational center or
program may claim no more than 50 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(c) For the 2009-10 fiscal year, a regional occupational center or
program may claim no more than 30 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(d) For the 2011-12 2013-14 fiscal
year and every fiscal year thereafter, a regional occupational center
or program may claim no more than 10 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive, and up to an additional 5 percent for CalWORKs,
Temporary Assistance Program, or Job Corps participants and
participants under the federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2810 et seq.) who are enrolled in Intensive Training
services.
(e) Pupils who are CalWORKs, Temporary Assistance Program, or Job
Corps participants shall have priority for service within the
percentage limits established under subdivision (d).
(f) Notwithstanding subdivision (d), a regional occupational
center or program may claim more than 15 percent of its average daily
attendance for students who are not enrolled in grades 9 to 12,
inclusive, if all of the students who are not enrolled in grades 9 to
12, inclusive, are CalWORKs, Temporary Assistance Program, or Job
Corps participants, and if the governing board of the regional
occupational center or program does all of the following:
(1) Meets with local human services directors, and representatives
of adult education programs, community colleges and other
institutions of higher education, to assess the needs of CalWORKs,
Temporary Assistance Program, or, Job Corps and federal Workforce
Investment Act participants to identify alternative ways to meet the
needs of these adult students.
(2) Enters into a transition plan, approved by the Superintendent,
to become in compliance with subdivision (d) in accordance with
benchmarks and timelines established in the transition plan.
Transition plans shall be established pursuant to guidelines issued
by the department, in consultation with the State Department of
Social Services, and shall be resubmitted and reviewed annually.
(g) Notwithstanding subdivisions (b), (c), and (d), a regional
occupational center or program that claims more than 40 percent of
its students are not enrolled in grades 9 to 12, inclusive, on
January 1, 2007, shall submit a letter to the Superintendent by July
1 of each year until it complies with this subdivision, outlining the
goals of the regional occupational center or program to reduce the
number of adult students in order to comply with subdivision (d) on
or before July 1, 2013 2014 .
(h) Regional occupational centers and programs operated in a rural
county of the sixth, seventh, or eighth class may exceed the number
of adults by an additional 10 percent of the limits established in
subdivisions (b), (c), and (d).
(i) (1) For purposes of this calculation, adult average daily
attendance attributable to continuously enrolled grade 12 pupils who
have not passed the high school exit examination pursuant to Section
60851 is excluded from the calculation under this section. Amounts
that may become available from reductions resulting from the
enactment of this section shall be redirected to other regional
occupational centers or programs to serve additional secondary
pupils.
(2) Adult average daily attendance funding for a regional
occupational center or program that has entered into a corrective
action plan pursuant to subdivision (k) shall not be redirected to
other regional occupational centers or programs to serve additional
secondary pupils for up to three years while the regional
occupational center or program is in corrective action.
(j) The governing boards of a community college district and a
regional occupational center or program may enter into contractual
agreements under which the center or program provides services to
adult students of the community college district affected by this
section if both of the following are satisfied:
(1) The agreements conform to state regulations and audit
requirements jointly developed by the Chancellor of the Office of the
California Community Colleges and the State Department of Education,
in consultation with, and subject to approval by, the Department of
Finance.
(2) A course offered for adults pursuant to an agreement entered
into pursuant to this subdivision is limited to the same cost per
student to the state as if the course were offered at the regional
occupational center or program. This subdivision does not authorize
the apportionment of funds for community colleges for adult students
in excess of the revenue limit for regional occupational centers or
programs if a course is deemed eligible for college credit.
(k) A regional occupational center or program that fails to meet a
timeline established under subdivision (c), (d), or (g) shall meet
with the community college, adult education program, or other adult
service to identify alternative means of meeting the needs of adult
students and shall enter into a corrective action plan administered
by the department. The corrective action plan shall be established
pursuant to guidelines issued by the department and shall be
submitted to the department annually for review.
SECTION 1. The Legislature finds and declares
both of the following:
(a) The enactment of Chapter 572 of the Statutes of 2006 (A.B.
2448 of the 2005-06 Regular Session) established numerous
requirements and mandates on school districts. These requirements and
mandates included, but were not limited to, all of the following:
(1) Prohibiting regional occupational centers and programs
(ROC/Ps) from claiming more than 10 percent of state-funded average
daily attendance (ADA) for services provided to adult students by
July 1, 2011.
(2) Requiring the governing board of each ROC/P to ensure that at
least 90 percent of all state-funded programs target high-demand,
high-skill occupations by July 1, 2010.
(3) Requiring school districts, ROC/Ps, and community college
districts that have not completed specified course development to
enter into a corrective action plan.
(4) Rendering inoperative, as of June 30, 2010, the authorization
for ROC/Ps to provide, on an individual referral basis, academic and
personal development instruction for adult students enrolled in
career technical courses when it is determined that this instruction
is essential to ensure the employability of the student.
(5) Requiring an ROC/P, commencing with the 2007-08 fiscal year,
to use all of its growth ADA to serve pupils in grades 9 to 12,
inclusive.
(b) The apportionment rates of ROC/Ps vary significantly among
districts, providing the pupils in some districts with access to
well-funded, state-of-the-art programs, while leaving pupils in other
districts with only limited access to underfunded course offerings.
SEC. 2. Section 52321.5 is added to the
Education Code, to read:
52321.5. (a) For each fiscal year, commencing with the 2011-12
fiscal year, the Superintendent shall do both of the following:
(1) Calculate a rate per unit of average daily attendance that
shall be apportioned to each regional occupational center or program.
(2) Determine the statewide median of total state funding,
including, but not necessarily limited to, the apportionment
referenced in paragraph (1), received per unit of average daily
attendance by each regional occupational center or program.
(b) Notwithstanding any other provision of law, commencing with
the 2011-12 fiscal year, the Superintendent shall inform, in writing,
the governing board of each regional occupational center or program
that he or she determines is funded at a rate per unit of average
daily attendance that is below the statewide median determined under
paragraph (2) of subdivision (a) that it is exempt from requirements
imposed on regional centers or programs by Sections 52302, 52302.2,
52302.3, 52302.5, 52302.8, 52314, 52314.5, 52315, 52321, and
52335.12, as those sections were added or amended by Chapter 572 of
the Statutes of 2006, unless and until the Superintendent determines
that the regional center or program is funded at a rate per unit of
average daily attendance that is higher than or equal to the
statewide median determined under paragraph (2) of subdivision (a).
The notice required by this subdivision shall specify the
requirements from which the regional center or program is being
exempted.
