Bill Text: CA SB1391 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community colleges: inmate education programs: computation of apportionments.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 695, Statutes of 2014. [SB1391 Detail]

Download: California-2013-SB1391-Amended.html

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BILL NUMBER: SB 1391	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  JUNE 30, 2014
	AMENDED IN ASSEMBLY  JUNE 19, 2014
	AMENDED IN SENATE  APRIL 10, 2014

INTRODUCED BY   Senators Hancock and Wyland
   (Principal coauthors: Assembly Members Bonta and Chávez)

                        FEBRUARY 21, 2014

   An act to amend Section 84810.5 of, and to add Section 84810.7 to,
the Education Code, relating to community  colleges, and
making an appropriation therefor.   colleges. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1391, as amended, Hancock. Community colleges: inmate education
programs: computation of apportionments.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law requires the board of governors to
appoint a chief executive officer, to be known as the Chancellor of
the California Community Colleges.
   Existing law provides that, notwithstanding open course provisions
in statute or regulations of the board of governors, the governing
board of a community college district that provides classes for
inmates of certain facilities may include the units of full-time
equivalent students generated in those classes for purposes of state
apportionments.
   This bill would instead waive the open course provisions in
statute or regulations of the board of governors for any governing
board of a community college district that provides classes for
inmates of those facilities and state correctional facilities, and
would authorize the board of governors to include the units of
full-time equivalent students generated in those classes for purposes
of state apportionments.
   Existing law provides for the method of computing apportionments
for purposes of these inmate education programs.
   This bill would make revisions to that method of computation.
   The bill would prohibit a community college district from
claiming, for purposes of apportionments, any class for which a
district receives full compensation for its direct education costs
for the conduct of the class from any public or private agency,
individual, or group of individuals, or any class offered pursuant to
a contract or instructional agreement entered into between the
district and a public or private agency, individual, or group of
individuals that has received from another source full compensation
for the costs the district incurs under that contract or
instructional agreement, as prescribed. 
   This bill would require the Department of Corrections and
Rehabilitation and the Office of the Chancellor of the California
Community Colleges, on or before March 1, 2015, to enter into an
interagency agreement to expand access to community college courses
that lead to degrees or certificates that result in enhanced
workforce skills or transfer to a 4-year university. This bill would
require that courses for inmates in a state correctional facility
developed as a result of this agreement supplement, but not duplicate
or supplant, any adult education course opportunities offered at
that facility by the Office of Correctional Education of the
Department of Corrections and Rehabilitation. This bill would require
the department, in collaboration with the Office of the Chancellor
of the California Community Colleges, to develop metrics for
evaluations of the efficacy and success of the programs developed
through the interagency agreement, conduct the evaluations, and, on
or before July 31, 2018, report findings from the evaluations to the
Legislature and the Governor.  
   This bill would require the Department of Corrections and
Rehabilitation, in collaboration with the chancellor, to establish
the Innovative Career Technical Education Grant Program to provide
grants to community colleges to offer career technical education and
workforce development programs for inmates in state correctional
facilities to supplement, but not duplicate or supplant, adult
education courses provided by the Office of Correctional Education of
the Department of Corrections and Rehabilitation offered at these
facilities. The bill would require that the general educational and
workforce development goals and details regarding the administration
of the grant program be included in an interagency agreement entered
between the Department of Corrections and Rehabilitation and the
chancellor's office. The bill would require the Department of
Corrections and Rehabilitation to develop, in collaboration with the
chancellor's office, metrics for evaluations of the efficacy and
success of the grant program, and require the Department of
Corrections and Rehabilitation to report findings from conducting
these evaluations to the Legislature and the Governor, as specified.
The bill would specify details of the career technical education
programs to be developed and provided by community colleges with
these grants.  
   This bill would appropriate $2,000,000, as scheduled, from the
Recidivism Reduction Fund to the Chancellor of the California
Community Colleges for the creation and administration of, as well as
the allocation of awards under, Innovative Career Technical
Education grant programs for the 2014-15 fiscal year, as specified.
This bill would provide for the return of residual funds, as defined,
not retained for specified additional grants by the chancellor, to
the Recidivism Reduction Fund. The bill would require the Department
of Corrections and Rehabilitation, in consultation with the
chancellor, to develop administrative guidelines for community
college education programs operating in prison facilities, as
specified, on or before July 1, 2015.  
   This bill would require the Legislative Analyst's Office to
conduct a comprehensive evaluation of the Innovative Career Technical
Education grant programs and other inmate education programs for
purposes of making informed policy decisions and for cost-benefit
analysis of the investments made in inmate education, as specified,
and submit this evaluation to the Governor and the Legislature on or
before January 1, 2020. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 84810.5 of the Education Code is amended to
read:
   84810.5.  (a) (1) Open course provisions in statute or regulations
of the board of governors shall be waived for any governing board of
a community college district that provides classes for inmates of
any city, county, or city and county jail, road camp, farm for
adults, or state or federal correctional facility. This section does
not authorize the waiver of open course provisions in any context or
situation other than those that are specifically authorized by this
section. Subject to limitations set forth in subdivision (b), the
board of governors may include the units of full-time equivalent
students (FTES) generated in those classes for purposes of state
apportionments.
   (2) The attendance hours generated by credit courses shall be
funded at the marginal credit rate determined pursuant to paragraph
(2) of subdivision (d) of Section 84750.5. The attendance hours
generated by noncredit courses shall be funded at the noncredit rate.

   (b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, any class to which
either of the following applies:
   (A) The district receives full compensation for its direct
education costs for the conduct of the class from any public or
private agency, individual, or group of individuals.
   (B) The district has a contract or instructional agreement, or
both, for the conduct of the class with a public or private agency,
individual, or group of individuals that has received from another
source full compensation for the costs the district incurs under that
contract or instructional agreement.
   (2) In reporting a claim for apportionment to the Chancellor of
the California Community Colleges under this section, the district
shall report any partial compensation it receives from the sources
described in subparagraphs (A) and (B) of paragraph (1) during the
period for which the claim is made. The chancellor shall subtract the
amount of any partial compensation received from the total
apportionment to be paid.
   (c) This section does not provide a source of funds to shift,
supplant, or reduce the costs incurred by the Department of
Corrections and Rehabilitation in providing inmate education
programs.
   SEC. 2.   Section 84810.7 is added to the  
Education Code   , to read:  
   84810.7.  (a) On or before March 1, 2015, the Department of
Corrections and Rehabilitation and the Office of the Chancellor of
the California Community Colleges shall enter into an interagency
agreement to expand access to community college courses that lead to
degrees or certificates that result in enhanced workforce skills or
transfer to a four-year university. The courses for inmates in a
state correctional facility developed as a result of this agreement
will serve to supplement, but not duplicate or supplant, any adult
education course opportunities offered at that facility by the Office
of Correctional Education of the Department of Corrections and
Rehabilitation.
   (b) The Department of Corrections and Rehabilitation, in
collaboration with the Office of the Chancellor of the California
Community Colleges, shall develop metrics for evaluations of the
efficacy and success of the programs developed through the
interagency agreement established pursuant to this section, conduct
the evaluations, and report findings from the evaluations to the
Legislature and the Governor on or before July 31, 2018.
   (c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on July 31, 2022, pursuant to Section
10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795 of the Government Code.
 
  SEC. 2.    Section 84810.7 is added to the
Education Code, to read:
   84810.7.  (a) The Department of Corrections and Rehabilitation
shall, in collaboration with the Chancellor of the California
Community Colleges establish the Innovative Career Technical
Education Grant Program.
   (b) The general educational and workforce development goals and
details regarding the administration of the Innovative Career
Technical Education Grant Program shall be included in an interagency
agreement entered between the Department of Corrections and
Rehabilitation and the Office of the Chancellor of the California
Community Colleges. The Department of Corrections and Rehabilitation
shall, in collaboration with the Office of the Chancellor of the
California Community Colleges develop metrics for evaluations of the
efficacy and success of the grant program. Beginning in July of 2017,
and every three years thereafter, the Department of Corrections and
Rehabilitation shall report findings from conducting these
evaluations to the Legislature and the Governor.
   (c) Grants shall be awarded to community colleges to offer career
technical education and workforce development programs for inmates in
state correctional facilities to supplement, but not to duplicate or
supplant, any adult education course offered at that facility by the
Office of Correctional Education of the Department of Corrections
and Rehabilitation. The grants may include funds for the equipment
and instructional materials, including improvements to existing
equipment and facilities, necessary for the instruction of these
career technical education and workforce development programs.
Equipment and instructional materials purchased with grant funds
shall be used to provide career technical education and workforce
development programs for inmates in state correctional facilities.
   (d) Innovative career technical education programs developed and
provided by community colleges pursuant to this section shall provide
all of the following:
   (1) Career technical education and experiential educational
courses and training necessary to obtain high skill, high pay
employment, or to enter apprenticeship programs upon release from
prison.
   (2) Sequences of courses leading to industry, business, or state
certification.
   (3) Community college courses that offer units transferable within
the California Community Colleges system and to the University of
California and the California State University, to the extent that
the campuses offer related programs.
   (4) Information on reentry programs with job search assistance,
and, where possible, information about employers with a record of
hiring participants of the program with similar skills education upon
their release from prison.
   (5) If applicable, information about preapprentice and
state-certified apprenticeship programs with a record of hiring
participants of the program with similar skills education upon their
release from prison.
   (e) (1) (A) The sum of two million dollars ($2,000,000) is hereby
appropriated from the Recidivism Reduction Fund to the Chancellor of
the California Community Colleges for Innovative Career Technical
Education grant programs for the 2014-15 fiscal year. Of the amount
appropriated pursuant to this subdivision:
   (i) Three hundred thousand dollars ($300,000) shall be used to
identify the components essential for the creation of innovative
career technical education programs, to develop the metrics upon
which programs are to be assessed, and to administer the planning
grant application and award process.
   (ii) One million seven hundred thousand dollars ($1,700,000) shall
be used for up to 20 competitive planning grants of up to one
hundred thousand dollars ($100,000) each for community colleges in
the 2014-15 fiscal year.
   (B) The innovative career technical education programs developed
under this section shall be consistent with the performance metrics,
developed under this subdivision, upon which these programs will be
assessed. These programs shall also consider the availability of
existing equipment and resources of the partner prisons upon which to
build courses. Planning grant funds may also be used for the
purchase of instructional materials and equipment in preparation for
the receipt of implementation grants in the 2015-16 fiscal year.
   (2) In any fiscal year, up to five hundred thousand dollars
($500,000) of residual funds may be retained by the chancellor's
office to supplement implementation grant funds in subsequent fiscal
years by making funds available for additional instructional
materials and equipment to the grantees on a competitive basis. Any
residual funds remaining after five hundred thousand dollars
($500,000) have been allocated pursuant to this paragraph in any
fiscal year shall be returned to the Recidivism Reduction Fund. As
used in this section, "residual funds" means any unencumbered funds
appropriated under this subdivision for a fiscal year that remain
after all of the grants awarded for that fiscal year have been
funded.
   (3) From funds provided in the annual Budget Act for the 2015-16,
2016-17, 2017-18, 2018-19, and 2019-20 fiscal years, there shall be
funded up to 20 innovative career technical education implementation
grants per fiscal year.
   (4) From funds not expended between the commencement of the
2014-15 fiscal year and the end of the 2019-20 fiscal year, an amount
not to exceed one hundred fifty thousand dollars ($150,000) per
fiscal year may be used by the Chancellor of the Community Colleges,
for the identification of best practices and the ongoing
administration and evaluation of the grant programs.
   (f) On or before July 1, 2015, the Department of Corrections and
Rehabilitation, in consultation with the Chancellor of the California
Community Colleges, shall develop administrative guidelines for
community college education programs operating in prison facilities
that include, but are not necessarily limited to, all of the
following:
   (1) Academic and education level attainment priorities for inmate
participation in classes.
   (2) Conditions for community college faculty, staff, and
volunteers when serving in the facilities.
   (3) Faculty-to-inmate ratios for various types of educational
programs.
   (4) Time reduction credits that may be earned by prisoners for
their participation in programs.
   (5) Suspension of courses during lockdowns.
   (6) Inmate participation preferences which may ensure greater
success in obtaining industry certifications and employability upon
release.
   (7) Other guidelines as deemed appropriate.
   (8) Authorized equipment and tools allowed in the facility.
   (9) Coordination with the Office of Correctional Education of the
Department of Corrections and Rehabilitation regarding program
offerings.
   (g) The Legislative Analyst's Office shall conduct a comprehensive
evaluation of the Innovative Career Technical Education grant
programs and other inmate education programs for purposes of making
informed policy decisions and for cost-benefit analysis of the
investments made in inmate education. The analysis shall include a
review of coordination efforts between community colleges and the
Office of Correctional Education of the Department of Corrections and
Rehabilitation and a discussion of whether existing programs were
supplanted by community college offerings. The evaluation shall be
submitted to the Governor and to the Legislature on or before January
1, 2020, in compliance with Section 9795 of the Government Code.