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

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-Introduced.html

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BILL NUMBER: SB 1391	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        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.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1391, as introduced, 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, including a federal correctional
facility, may include the units of full-time equivalent students
generated in those classes for purposes of state apportionments.
   This bill would instead require the open course provisions in
statute or regulations of the board of governors to be waived for any
governing board of a community college district that provides those
classes for inmates, including inmates of 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, under the bill, 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, in collaboration with the chancellor, to establish
the Innovative Career Technical Education Grant Program to provide
grants for inmates and parolees recently released from state
correctional facilities to attend career technical education
community college classes for purposes of accomplishing specified
objectives. The bill would require the Department of Corrections and
Rehabilitation, in administering the program, to transfer an
unspecified amount from funds made available in the 2014-15 Budget
Act, and each fiscal year thereafter, for purposes of the program.
The bill would require the Department of Corrections and
Rehabilitation to provide for up to 4 grants to community college
career technical education programs that are provided for inmates
inside state correctional facilities, require that at least one of
these grants be awarded for programs offered at a women's
correctional facility, and determine the amount of these grant
awards.
   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 84810.5 of the Education Code is amended to
read:
   84810.5.  (a)  Notwithstanding open   (1)
    Open  course provisions in statute or
regulations of the board of governors  , the  
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   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  student   students
 (FTES) generated in those classes for purposes of state
 apportionment  apportionments  . 
   The 
    (2)     The  attendance hours
generated by credit  or noncredit shall be added and counted
for apportionment purposes as noncredit attendance hours 
 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) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall be
considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations of
the board of governors. When computing apportionments for districts
that provided inmate education programs in the 1994-95 fiscal year,
the student workload measures generated and revenues received for
that year shall be added to their noncredit base revenue and
noncredit base workload measures for the following year. 

   (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) 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 to provide grants for inmates and for
parolees recently released from state correctional facilities to
attend career technical education community college classes for
purposes of accomplishing both of the following:
   (1) Providing inmates with skills necessary to obtain high skill,
high pay employment, or to enter apprenticeship programs upon release
from prison.
   (2) Reducing recidivism by providing inmates and parolees recently
released from state correctional facilities with hands on learning
experience available in community college career technical education
classes, including classes within state correctional facilities.
   (b) (1) From funds made available to the Department of Corrections
and Rehabilitation in the 2014-15 Budget Act, and each fiscal year
thereafter, the Department of Corrections and Rehabilitation shall,
in administering the Innovative Career Technical Education Grant
Program, transfer the amount of ____ dollars ($____) for purposes of
the program.
   (2) The Department of Corrections and Rehabilitation shall provide
for up to four grants to community college career technical
education programs provided for inmates inside state correctional
facilities. The Department of Corrections and Rehabilitation shall
award at least one of these grants for programs offered at a women's
correctional facility.
   (3) The Department of Corrections and Rehabilitation shall, in
consultation with the chancellor, determine the amount of the grants
awards pursuant to paragraph (2).