BILL NUMBER: SB 173	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Liu

                        FEBRUARY 5, 2013

   An act to amend Sections 41976 and 84757 of, and to add Sections
33315 and 76382 to, the Education Code, relating to education
funding.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 173, as amended, Liu. Education funding: adult health and
safety education.
   (1) Existing law establishes the State Department of Education,
under the administration of the Superintendent of Public Instruction,
to execute numerous statutes and policies relating to the funding
and governance of public elementary and secondary schools throughout
the state. Existing law authorizes the governing board of a school
district maintaining secondary schools to establish and maintain
classes for adults, as specified.
   This bill would require the department, in conjunction with the
Office of the Chancellor of the California Community Colleges, to
coordinate and issue assessment policy guidelines regarding
assessments to be used by school districts and community college
districts for purposes of placement in adult education courses
offered by those districts. The bill would also require the
department and the chancellor's office to jointly establish and
implement a comprehensive performance accountability system for adult
education courses offered by school districts and community college
districts in accordance with prescribed requirements.
    (2) Existing law authorizes specified classes and courses to be
offered by school districts and county superintendents of schools for
purposes of apportionments from the adult education fund.
   This bill would delete the existing authorization for adult
programs in parenting, home economics, and health and safety
education, and adult programs for older adults, to receive
apportionments from the adult education fund.
   (3) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law requires specified noncredit
community college courses and classes to be eligible for
program-based funding from the state. Existing law requires community
college districts to charge students a designated enrollment fee,
and authorizes community college districts to charge students
specified fees relating to, among other things, health services,
parking, transportation, student body center buildings and
operations, and physical education courses requiring the use of
nondistrict facilities. Existing law also prohibits an adult enrolled
in a noncredit course from being required to pay a fee of any kind
for a class in English and citizenship for foreigners.
   This bill would delete the authorization for noncredit community
college parenting, older adults, home economics, and health and
safety education courses and classes to receive program-based funding
from the state. This bill would  , notwithstanding the
prohibition of the fee for classes in English and citizenship for
foreigners,  authorize the governing board of a community
college district to charge a fee for adult education courses,
 including   other than  classes in English
and citizenship,  until July 1, 2015,  in
accordance with specified regulations and procedures.
   (4) The bill would require the Commission on Teacher Credentialing
and the Academic Senate for California Community Colleges to jointly
develop and submit recommendations to specified policy and fiscal
committees of the Legislature for modifying or establishing
reciprocity standards for instructors of adult education courses by
July 1, 2014.
   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 33315 is added to the Education Code, to read:
   33315.  (a) The department, in conjunction with the chancellor's
office, shall coordinate and issue assessment policy guidelines
regarding assessments to be used by school districts and community
college districts for purposes of placement in adult education
courses offered pursuant to Sections 41976 and 84757.
   (b) The department and the chancellor's office shall jointly
establish and implement a comprehensive performance accountability
system for adult education courses offered pursuant to Sections 41976
and 84757. The department and the chancellor's office shall develop
guidelines and procedures for all adult education funded providers
for assessment, evaluation, and data collection to document
participant outcomes and placement, and other performance measures
they deem appropriate. Performance measures may include receipt of a
secondary school diploma or its recognized equivalent, placement in a
postsecondary educational institution, training, and employment. To
the extent possible, these performance measures shall be consistent
with those required and implemented pursuant to the federal Workforce
Investment Act of 1998, Title II, Adult Education and  Family
 Literacy Act (Public Law 105-220). All funded programs shall be
required to annually submit demographic and other student-level
outcome information.
   (c) As used in this section:
   (1) "Chancellor's office" means the Office of the Chancellor of
the California Community Colleges.
   (2) "Department" means the State Department of Education.
  SEC. 2.  Section 41976 of the Education Code is amended to read:
   41976.  (a) For purposes of this chapter, the following classes
and courses are authorized to be offered by school districts and
county superintendents of schools for apportionment purposes from the
adult education fund:
   (1) 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 or high school equivalency
certification, except for remedial academic courses or classes in
reading, mathematics, and language arts.
   (2) English as a second language.
   (3) Classes and courses 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.
   (4) Education programs for adults with disabilities.
   (5) Short-term career technical education programs with high
employment potential.
    (6) Programs for apprentices.
   (b) State apportionment shall not be made for any course or class
that is not set forth in subdivision (a).
  SEC. 3.  Section 76382 is added to the Education Code, to read:
   76382.   Notwithstanding Section 76380, in  
In  order to ensure that community college districts have the
capacity to meet the demand for adult education courses for recent
immigrants, the governing board of a community college district may
charge a fee, pursuant to regulations adopted by the board of
governors and consistent with  subdivision (a) of  Section
52612  and Section 76380  , for classes it offers pursuant
to Section 84757,  including, but not necessarily limited to,
  other than  classes in English and citizenship
 , until July 1, 2015  . Any community college
district that chooses to charge a fee under this section shall report
the amount of the fee, the number of classes, and enrollment in
those classes to the  chancellor's office  
Office of the Chancellor  of the California Community Colleges.
The chancellor's office shall make the information reported under
this section available to the Legislative Analyst's Office. The
Legislative Analyst's Office shall provide a summary and analysis of
the reported information to the Assembly Committee on Budget, the
Assembly Committee on Education, the Assembly Committee on Higher
Education, the Senate Committee on Budget and Fiscal Review, and the
Senate Committee on Education by January 1, 2016.
  SEC. 4.  Section 84757 of the Education Code is amended to read:
   84757.  (a) For purposes of this chapter, the following noncredit
adult education courses and classes shall be eligible for funding:
   (1) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.
   (2) English as a second language.
   (3) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work force
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.
   (4) Education programs for persons with substantial disabilities.
   (5) Short-term vocational programs with high employment potential.

   (b) State apportionment shall not be made for any course or class
that is not set forth in subdivision (a) and for which no credit is
given.
  SEC. 5.  The Commission on Teacher Credentialing and the Academic
Senate for California Community Colleges shall meet to review their
current requirements for noncredit adult education and adult
education instructors, and shall develop and submit recommendations
to the appropriate policy and fiscal committees of the Legislature
for modifying or establishing reciprocity standards for instructors
of adult education courses by July 1, 2014.
  SEC. 6.  It is the intent of the Legislature that:
   (a) Nothing in the act that adds this section be construed to
limit the authority of school districts and community college
districts to offer adult education programs and courses other than
those listed in Sections 41976 and 84757 of the Education Code,
provided that those programs or courses are funded through
alternative funding sources, including fees, if the district is
authorized to charge fees.
    (b) Beginning in the 2015-16 fiscal year, base adult education
funds and noncredit adult education funds shall be allocated to
providers on the basis of a combination of enrollment and performance
in courses offered pursuant to Sections 41976 and 84757 of the
Education Code.