Tuesday, March 17, 2015

Adult Education Block Trailer Bill Language

"Trailer Bill Language is the implementing language of the California State Budget Bill. On this webpage, you can find the Regular Session and Special Session Trailer Bill Language for this year's Governor's Budget."

Here is the Adult Education Block Trailer Bill language:

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An act to add Article 9 (commencing with Section 84900) to Chapter 5
of Part 50 of Division 7 of Title 3 of the Education Code, relating to adult
education.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.   Article 9 (commencing with Section 84900) is added to Chapter
5 of Part 50 of Division 7 of Title 3 of the Education Code, to read:

Article 9.  Adult Education Block Grant Program

84900.   The Adult Education Block Grant program is hereby established.

84901.   For purposes of this article, the following definitions apply, unless
otherwise specified:

(a) “Chancellor” means the Chancellor of the California Community Colleges.

(b) “Consortium” means an adult education consortium approved pursuant to
this article.

(c) “Executive director” means the executive director of the State Board of
Education.

(d) “Program” means the Adult Education Block Grant program established
pursuant to this article.

(e) “Superintendent” means the Superintendent of Public Instruction.
84902.   (a) (1) The chancellor and the Superintendent, with the concurrence of
the executive director, shall divide the state into adult education regions and shall
determine the physical boundaries of each region.

(2) Until otherwise determined by the chancellor and the Superintendent, with
the concurrence of the executive director, the physical boundaries of the adult education
regions shall be the same as the physical boundaries of the regions established for
purposes of providing planning and implementation grants pursuant to Section 84830.

(b) When determining the boundaries of the adult education regions, the
chancellor and the Superintendent, with the concurrence of the executive director, shall
consider all of the following:

(1) Economic and demographic factors, including the locations of regional labor
markets.

(2) The boundaries of regions used to distribute other funds.

(3) The presence of adult education providers that have demonstrated
effectiveness in meeting adult educational needs.

84903.   (a) The chancellor and the Superintendent, with the concurrence of the
executive director, shall approve one adult education consortium in each region.

(b) An adult education consortium shall consist of at least one community college
district and at least one school district.

(c) The activities of the consortium shall be consistent with those described in
a plan, as follows:

(1) For the 2015–16 fiscal year, the consortium shall use the regional plan
developed in accordance with Section 84830.

(2) For the 2016–17 fiscal year, and for each fiscal year thereafter, the consortium
shall develop and approve, on an annual basis, a plan that includes at least all of the
following:

(A) An evaluation of the adult education needs in the region:

(B) An evaluation of current levels and types of adult education services in the
region.

(C) An evaluation of funds available to the members of the consortium and other
adult education providers in the region other than those funds apportioned pursuant to
this article.

(D) Actions that the members of the consortium can take to address the needs
identified pursuant to subparagraph (A).

(E) Actions that the members of the consortium can take to improve the
effectiveness of their services, such as changes in instructional delivery and professional
development.

(F) Actions that the members of the consortium, other adult education providers,
and other interested parties can take to improve integration of services and transitions
into postsecondary education and the workforce.

(G) A description of the alignment of adult education services with other
education and workforce plans guiding services in the region, including plans required
pursuant to the federal Workforce Innovation and Opportunity Act (Public Law
113–128).

84904.   An adult education consortium shall operate in accordance with a
governance structure approved by the chancellor and the Superintendent, with the
concurrence of the executive director, that is consistent with the following:

(a) Any community college district, school district, or county office of education
located within the boundaries of an adult education region shall be authorized to join
the adult education consortium in that region as a member. The members of the adult
education consortium shall seek and consider advice from other adult education
providers and other interested parties when developing a plan pursuant to subdivision
(c) of Section 84903.

(b) The officials, or designees of the officials, of any other entity, including, but
not limited to, libraries, community-based organizations, local workforce development
boards and regional consortia of boards, employment services offices within the county,
social services agencies, and county probation departments, that serve the adult
education region shall be authorized to actively participate in the activities and the
deliberations of the consortium.

84905.   (a) The members of the adult education consortium shall establish an
allocation board that, at a minimum, is authorized to approve an allocation schedule
indicating the amount of funds that will be distributed to each member of the consortium
in any year the consortium receives funds for the program.

(b) The allocation board shall, when approving an allocation schedule, justify
how the planned allocations are consistent with the following:

(1) In the 2015–16 fiscal year, the regional plan developed pursuant to Section
84830.

(2) In the 2016–17 fiscal year and each fiscal year thereafter, the plan approved
pursuant to subdivision (c) of Section 84903.

(c) The allocation board shall give priority to allocations that fund actions to
address the greatest unmet needs for adult education in the region.

(d) An allocation board shall consist of the following individuals:

(1) One official of a community college district that is a member of the
consortium, selected by the community college districts that are members of the
consortium.

(2) One official of a school district or county office of education that is a member
of the consortium, selected by the school districts and county offices of education that
are members of the consortium.

(3) One official of an adult education provider that serves the region that is not
a school district, community college district, or county office of education, such as a
library or a community-based organization, selected by all of the members of the
consortium.

(4) One official of a local workforce development board or a consortium of
boards that serves the region, selected by all of the members of the consortium.

(5) One official of an employment services office within a county social services
agency that serves the region, selected by all of the members of the consortium.

(6) One official of a county probation department that serves the region, selected
by all of the members of the consortium.

(7) One member of the public, selected by all of the members of the consortium.
84906.   (a) The members of the consortium shall designate a fiscal administrator.
The fiscal administrator shall be either a community college district member, a school
district member, or a county office of education member.

(b) The fiscal administrator shall be responsible for distributing funds according
to an allocation schedule approved by the allocation board. The fiscal administrator
shall not amend an allocation schedule approved by the allocation board.

84907.   No later than August 30, 2015, the chancellor and the Superintendent,
with the concurrence of the executive director, shall certify the amount spent by school
districts and county offices of education in the 2012–13 fiscal year, from the funds
received in that year for the adult education program and the adults in correctional
facilities program, in the following areas of adult education:

(a) Elementary and secondary basic skills.

(b) Citizenship, English as a second language, and workforce preparation for
immigrants.

(c) Education for adults with disabilities.

(d) Career technical education.

(e) Apprenticeship.

84908.   For the 2015–16 fiscal year, the State Controller shall do one of the
following:

(a) If the total amount certified for all school districts and county offices of
education pursuant to Section 84907 is less than the amount appropriated by the
Legislature for the program:

(1) Apportion funds to school districts and county offices of education, provided
that a school district or county office of education shall receive an amount equal to the
amount certified for that school district or county office of education pursuant to Section
84907. As a condition of receipt of an apportionment, a school district or county office
of education is required to be a member of a consortium.

(2) (A) After funds have been apportioned pursuant to paragraph (1), apportion
any remaining funds to the fiscal administrators of the consortia using a schedule
approved by the chancellor and the Superintendent, with the concurrence of the
executive director.

(B) The chancellor and the Superintendent, with the concurrence of the executive
director, shall determine the amount to be apportioned to each consortium based on
that region’s share of the statewide need for adult education.

(b) If the total amount certified for all school districts and county offices of
education pursuant to Section 84907 exceeds the amount appropriated for the program,
apportion funds to school districts and county offices of education, provided that a
school district or county office of education shall receive an amount equal to the amount
certified for that school district or county office of education pursuant to Section 84907
multiplied by the amount appropriated for the program, divided by the total amount
certified for all school districts and county offices of education pursuant to Section
84907.
84909.   (a) Beginning in the 2016–17 fiscal year, the State Controller shall
apportion, on an annual basis, any funds appropriated by the Legislature for the program
to the fiscal administrators of the consortia using a schedule approved by the chancellor
and the Superintendent, with the concurrence of the executive director.

(b) The chancellor and the Superintendent, with the concurrence of the executive
director, shall determine, on an annual basis, the amount to be apportioned to each
consortium based on the following:

(1) The amount of funds apportioned to the members of that consortium in the
prior year.

(2) That region’s share of the statewide need for adult education.

(3) That consortium’s effectiveness in meeting the adult education needs of its
region based on available data.
84910.   To determine the need for adult education statewide and in each adult
education region, the chancellor and the Superintendent, with the concurrence of the
executive director, shall consider, at a minimum, measures related to adult population,
employment, immigration, educational attainment, and adult literacy.
84911.   (a) Funds apportioned for the program shall be used only for activities
in the following areas of adult education:

(1) Elementary and secondary basic skills.

(2) Citizenship, English as a second language, and workforce preparation for
immigrants.

(3) Education for adults with disabilities.

(4) Career technical education.

(5) Apprenticeship and preapprenticeship training programs that are conducted,
to the extent feasible, in coordination with one or more apprenticeship programs
approved by the Division of Apprenticeship Standards for the occupation and geographic
area.

(b) No more than 5 percent of funds received in a given fiscal year shall be used
for general administration of a consortium, including costs incurred by the fiscal
administrator of a consortium.
84912.   (a) Notwithstanding Section 10231.5 of the Government Code, to inform
actions taken by the Governor and the Legislature related to adult education, the
chancellor and the Superintendent, with the concurrence of the executive director, shall
submit to the Director of Finance, to the State Board of Education, and, in conformity
with Section 9795 of the Government Code, to the Legislature, by September 30
following any fiscal year for which funds are appropriated for the program, a report
about the use of these funds and outcomes for adults statewide and in each region. The
report shall include at least the following:

(1) A summary of the plan approved by each consortium.

(2) The allocation schedule for each consortium.

(3) The types and levels of services provided by each consortium.

(4) The effectiveness of each consortium in meeting the adult education needs
of its respective region.

(5) Any recommendations related to delivery of education and training for adults,
including recommendations related to improved alignment across state programs.
(b) (1) The chancellor and the Superintendent, with the concurrence of the
executive director, may require a consortium, as a condition of receipt of
apportionments, to submit any reports or data necessary to produce the report described
in subdivision (a).

(2) The chancellor and the Superintendent, with the concurrence of the executive
director, shall align the data used to produce the report described in subdivision (a)
with data reported by local educational agencies for other purposes, such as data used
for purposes of the federal Workforce Opportunity and Innovation Act (Public Law
113–128).

(3) The Employment Development Department and the California Workforce
Investment Board shall provide any assistance needed to align service delivery across
state and regional workforce, education, and job service programs.

as introduced, ______.

General Subject: Adult Education Block Grant program.

Existing law, subject to funding in the annual Budget Act, requires the Chancellor
of the California Community Colleges and the State Department of Education to jointly
provide 2-year planning and implementation grants to regional consortia of community
college districts and school districts for purposes of developing regional plans to better
serve the educational needs of adults. Existing law requires the grant funds to be used
by each regional consortium to create and implement a plan to better provide adults in
the region with certain classes and programs, as specified.

This bill would establish the Adult Education Block Grant program, under which
the chancellor and the Superintendent, with the concurrence of the executive director
of the State Board of Education, would be required to divide the state into adult
education regions and to approve in each of those regions an adult education consortium,
to be comprised of at least one community college district and one school district. The
bill would require the consortia to develop and approve annual plans with specified
content. The bill would require each adult education consortium to establish an
allocation board to approve an allocation schedule indicating the amount of funds to
be distributed to each member of the consortium in any year the consortium receives
funds for the program, and would also require each adult education consortium to
designate a fiscal administrator to distribute the funds. The bill would require the State
Controller to apportion funds appropriated for the program in accordance with specified
calculations and requirements. The bill would require the chancellor and the
Superintendent, with the concurrence of the executive director, to report specified
information to the Director of Finance, the State Board of Education, and the Legislature
in any fiscal year for which funds are appropriated for the program.

Vote: majority.  Appropriation: no.  Fiscal committee: yes.  State-mandated local
program: no.

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