Bill Text: CA SB786 | 2015-2016 | Regular Session | Amended
Bill Title: Adult education: Adult Education Block Grant Program: joint powers authorities.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB786 Detail]
Download: California-2015-SB786-Amended.html
BILL NUMBER: SB 786 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 6, 2015
AMENDED IN ASSEMBLY JUNE 19, 2015
INTRODUCED BY Senator Allen
(Coauthor: Senator Hall)
(Coauthors: Assembly Members Burke, Cristina Garcia, Hadley, and
Lackey)
FEBRUARY 27, 2015
An act to amend Sections 84907 and 84908 of, and to add
Section 84908.5 to, add Section 84908.5 to the
Education Code, relating to adult education, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 786, as amended, Allen. Adult education: Adult Education Block
Grant Program. Program: joint powers
authorities.
Existing law establishes the Adult Education Block Grant Program
under the administration of the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction. The
program requires the chancellor and the Superintendent, with the
advice of the Executive Director of the State Board of Education, to
divide the state into adult education regions and approve one adult
education consortium in each adult education region, as specified.
The program also requires the chancellor and the Superintendent, with
the advice of the executive director, to certify, no later than July
31, 2015, the amount of state funds required to be expended for
adult education by a school district and county office of education,
as specified. The program further requires the chancellor and the
Superintendent to apportion funds appropriated for the program in the
Budget Act of 2015 to each school district and county office of
education by August 30, 2015, in accordance with a specified formula
and, by October 30, 2015, to allocate the funds that remain after the
apportionment to each consortium, as specified.
This bill would also provide that require
the chancellor and the Superintendent, with the advice
of the executive director, (1) certify Superintendent
to certify, upon the request of a joint powers authority consisting
of community college districts, school districts, or county offices
of education, or a combination of these, the amount of state
funds required to be expended for adult
career technical education by that joint powers
authorities consisting of one or more community colleges,
school districts, or county offices of education, or a combination of
these, (2) apportion an amount to each of these joint powers
authorities in accordance with the same formula, and (3) allocate to
each consortium the funds that remain after this apportionment, as
specified. In regard to these joint powers authorities, the deadlines
in existing law would not apply. authority in the
2012-13 fiscal year and to apportion an amount equal to the amount
certified directly to that joint powers authority. As a condition of
receipt of this apportionment, the bill would require the joint
powers authority to be a member of an adult education
consortium.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84908.5 is added to the
Education Code , to read:
84908.5. Notwithstanding Sections 84907 and 84908:
(a) Upon request of a joint powers authority consisting of
community college districts, school districts, or county offices of
education, or a combination of these, the chancellor and
Superintendent shall certify the amount of state funds expended by
the joint powers authority for adult career technical education in
the 2012-13 fiscal year pursuant to paragraph (7) of subdivision (a)
of Section 42238.03.
(b) If the amount certified pursuant to subdivision (a) equals or
exceeds 40 percent of the joint powers authority's total state
funding received in the 2012-13 fiscal year, the joint powers
authority shall be deemed to have expended state funds for adult
education for the purposes of this article.
(c) The chancellor and Superintendent shall apportion funds from
Item 6870-201-0001 of the Budget Act of 2015 directly to the joint
powers authority equal to the amount certified pursuant to
subdivision (a). As a condition of receipt of an apportionment, the
joint powers authority is required to be a member of a consortium.
SECTION 1. Section 84907 of the Education Code
is amended to read:
84907. No later than July 31, 2015, the chancellor and the
Superintendent, with the advice of the executive director, shall
certify, for each school district, county office of education, or
joint powers authority consisting of one or more community college
districts, school districts, or county offices of education, or a
combination of these, the amount of state funds required to be
expended for adult education pursuant to paragraph (7) of subdivision
(a) of Section 42238.03, and paragraph (3) of subdivision (k) of
Section 2575, respectively.
SEC. 2. Section 84908 of the Education Code is
amended to read:
84908. (a) If the total amount certified for all school
districts, county offices of education, and joint powers authorities
pursuant to Section 84907 is less than three hundred seventy-five
million dollars ($375,000,000), the chancellor and the Superintendent
shall do both of the following:
(1) Apportion funds appropriated for the program in the Budget Act
of 2015, no later than August 30, 2015, to each school district,
county office of education, or joint powers authority in an amount
equal to the amount certified for that school district, county office
of education, or joint powers authority, pursuant to Section 84907.
As a condition of receipt of an apportionment, a school district,
county office of education, or joint powers authority is required to
be a member of a consortium.
(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for the program in the
Budget Act of 2015 that remain after funds have been apportioned
pursuant to paragraph (1).
(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this paragraph
based on that adult education region's share of the statewide need
for adult education.
(B) Using the schedule approved pursuant to subparagraph (A), the
chancellor and the Superintendent shall do one of the following for
each consortium:
(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after approval
of the schedule pursuant to subparagraph (A).
(ii) Apportion funds to members of a consortium beginning no more
than 30 days after receipt of a final distribution schedule from that
consortium.
(b) If the total amount certified for all school districts, county
offices of education, and joint powers authorities pursuant to
Section 84907 equals or exceeds three hundred seventy-five million
dollars ($375,000,000), the chancellor and the Superintendent shall
do both of the following:
(1) Apportion funds appropriated for the program in the Budget Act
of 2015, no later than August 30, 2015, to each school district,
county office of education, or joint powers authority in an amount
equal to the amount certified for that school district, county office
of education, or joint powers authority pursuant to Section 84907
multiplied by three hundred seventy-five million dollars
($375,000,000), divided by the total amount certified for all school
districts, county offices of education, and joint powers authorities
pursuant to Section 84907.
(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for this program in the
Budget Act of 2015 that remain after funds have been apportioned
pursuant to paragraph (1).
(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this paragraph
based on that adult education region's share of the statewide need
for adult education.
(B) Using the schedule approved pursuant to subparagraph (A), the
chancellor and the Superintendent shall do one of the following for
each consortium:
(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after approval
of the schedule pursuant to subparagraph (A).
(ii) Apportion funds to members of a consortium beginning no more
than 30 days after receipt of a final distribution schedule from that
consortium.
(c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 84908.5 is added to the
Education Code, to read:
84908.5. The chancellor and the Superintendent may certify, as
required in Section 84907, and apportion, as required in Section
84908, funds after the dates enumerated in those sections for a joint
powers authority consisting of one or more community college
districts, school districts, county offices of education, or a
combination of these.
SEC. 4. SEC. 2. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to enable any joint powers authority participating in an
adult education consortium to comply with the current year statutory
deadlines that must be met for purposes of establishing the joint
powers authority's maintenance of effort level, it is necessary that
this act take effect immediately.
