Bill Text: CA SB574 | 2009-2010 | Regular Session | Amended

California Senate Bill 574 (Prior Session Legislation)

Bill Title: Community colleges: inmate education programs:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB574 Detail]

Download: California-2009-SB574-Amended.html

BILL NUMBER: SB 574	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2009

INTRODUCED BY   Senator Hancock
    (   Principal coauthor:   Senator 
 Romero   ) 

                        FEBRUARY 27, 2009

   An act to amend Section 84810.5 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 574, 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 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, and 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.
   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) (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  Rehabilitations  
Rehabilitation  in providing inmate education programs.