Adult Ed Trailer Bill

The money section  - beginning on page 9 - is highlighted in yellow.

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 under
the administration of the Chancellor of the California Community Colleges and the
Superintendent of Public Instruction.


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

(a) "Adult" means a person 18 years of age or older.

(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 by
Section 84900.

84902. (a) The chancellor and the Superintendent are the state officials
responsible for identifying and understanding the educational needs of adults in the
(b) The chancellor and the Superintendent shall use the powers provided by this
article to support the effective provision of services that address the educational needs
of adults in all regions of the state.

(c) In performing duties under this chapter, the chancellor and the Superintendent
shall seek advice from, and coordinate with, other state officials responsible for
programs for adults.

84903. (a) 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.

(b) When determining the boundaries of the adult education regions, the
chancellor and the Superintendent shall consider factors that impact the provision of
adult education, including all of the following:

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

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

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

(c) Until otherwise determined by the chancellor and the Superintendent, 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.

84904. (a) The chancellor and the Superintendent, with the concurrence of the
executive director, shall approve one adult education consortium in each adult education
region.

(b) Until otherwise determined by the chancellor and the Superintendent, the
consortia to which planning and implementation grants were apportioned pursuant to
Section 84830 shall be deemed approved for purposes of this section.
84905. The chancellor and the Superintendent, with the concurrence of the
executive director, shall approve, for each consortium, rules and procedures that adhere
to all of the following conditions:

(a) Any community college district, school district, or county office of education
located within the boundaries of the adult education region shall be permitted to join
the consortium as a member.

(b) As a condition of joining a consortium, a member shall commit to reporting
any funds available to that member for the purposes of education and workforce services
for adults and the uses of those funds.

(c) A member of the consortium shall be represented only by an official
designated by the governing board of the member.

(d) (1) Decisionmaking procedures are specified that ensure that all of the
following conditions are satisfied:

(A) All members of the consortium shall participate in any decision made by
the consortium.

(B) A proposed decision is considered at an open, properly noticed public meeting
of the consortium at which members of the public may comment.

(C) The consortium has provided the public with adequate notice of a proposed
decision and considered any comments submitted by members of the public, and any
comments submitted by members of the public have been distributed publicly.

(D) (i) The consortium has requested comments regarding a proposed decision
from other entities located in the adult education region that provide education and
workforce services for adults.

(ii) The consortium has considered and responded to any comments submitted
by entities pursuant to clause (i).

(iii) For purposes of this subparagraph, entities that provide education and
workforce services to adults include, but are not necessarily limited to, local public
agencies, departments, and offices, particularly those with responsibility for local public
safety and social services; workforce investment boards; libraries; and community-based
organizations.

(E) A decision is final.

(2) For purposes of this subdivision, a decision includes approval of an adult
education plan pursuant to Section 84906 and approval of a distribution schedule
pursuant to Section 84913.

(e) The members of the consortium may decide to designate a member to serve
as the fund administrator to receive and distribute funds from the program.
84906. (a) As a condition of receipt of an apportionment of funds from this
program for a fiscal year, the members of a consortium shall have approved an adult
education plan that addresses that fiscal year.
(b) An adult education plan shall include all of the following:

 PAGE 6

(1) An evaluation of the educational needs of adults in the region.

(2) A list of the following:

(A) Entities that provide education and workforce services to adults in the region.

(B) Entities that are impacted by, or that have a fundamental interest in, the
provision of those services.

(3) A description of the services provided by entities listed pursuant to paragraph (2).

(4) An evaluation of current levels and types of education and workforce services
for adults in the region.

(5) An evaluation of the funds available to the members of the consortium and
the entities listed pursuant to paragraph (2), including funds other than those apportioned
pursuant to this article.

(6) Actions that the members of the consortium will take to address the
educational needs identified pursuant to paragraph (1).

(7) Actions that the members of the consortium will take to improve the
effectiveness of their services.

(8) Actions that the members of the consortium, the entities listed pursuant to
paragraph (2), and other interested parties will take to improve integration of services
and to improve transitions into postsecondary education and the workforce, including
actions related to all of the following:

(A) Placement of adults seeking education and workforce services into adult
education programs.

PAGE 7

(B) Alignment of academic standards and curricula for programs across entities
that provide education and workforce services to adults.

(C) Qualifications of instructors, including common standards across entities
that provide education and workforce services to adults.

(D) Collection and availability of data.

(9) A description of the alignment of adult education services supported by this
program with those described in other education and workforce plans guiding services
in the region, including plans pertaining to the building of career pathways and the
employment of workforce sector strategies and those required pursuant to the federal
Workforce Innovation and Opportunity Act (Public Law 113-128).

(10) A description of the ways in which each of the entities identified in paragraph
(2) contributed to the development of the plan.

(c) The members of a consortium shall approve an adult education plan at least
once every three years. The plan shall be updated at least once each year based on
available data.

(d) Notwithstanding subdivision (b), for the 2015-16, 2016-17, and 2017-18
fiscal years, a regional plan developed pursuant to Section 84830 shall satisfy the
requirements of subdivision (a).

84907. No later than July 31,2015, the chancellor and the Superintendent, with
the concurrence of the executive director, shall certify, for each school district and
county office of education, the portion of the state funds determined to be expended
for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03
that was expended for the following:

PAGE 8

(a) Programs in elementary and secondary basic skills, including programs
leading to a high school diploma or high school equivalency certificate.

(b) Programs for immigrants eligible for educational services in citizenship,
English as a second language, and workforce preparation.

(c) Programs for adults with disabilities.

(d) Programs in career technical education that are short term in nature and have
high employment potential.

(e) Programs for apprentices.

84908. (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, the chancellor and the Superintendent shall do both of the
following:

(1) Apportion funds, no later than August 30,2015, 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) (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 that
remain after funds have been apportioned pursuant to paragraph (1).

PAGE 9

(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 and county offices of
education pursuant to Section 84907 exceeds the amount appropriated for the program,
the chancellor and the Superintendent shall 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.
(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.
84909. (a) This section shall apply commencing with the 2016-17 fiscal year.

PAGE 10


(b) The chancellor and the Superintendent, with the concurrence of the executive
director, shall approve, no later than February 28 of the prior fiscal year, a preliminary
schedule of allocations to each consortium of any funds proposed in the Governor's
Budget for the program.

(c) The chancellor and the Superintendent, with the concurrence of the executive
director, shall approve, within 15 days of enactment of the annual Budget Act, a final
schedule of allocations to each consortium of any funds appropriated by the Legislature
for the program.

(d) The chancellor and the Superintendent shall determine the amount to be
allocated to each consortium based on the following:


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


(2) That adult education region's share of the statewide need for adult education.
(3) That consortium's effectiveness in meeting the educational needs of adults
in the adult education region based on available data.
(e) Using the final schedule approved pursuant to subdivision (c), the chancellor
and the Superintendent shall do one of the following for each consortium:
(1) Apportion funds to a fund administrator designated by the members of a
consortium beginning no more than 30 days after approval of the final schedule of
allocations.
(2) Apportion funds to members of a consortium beginning no more than 30
days after receipt of a final distribution schedule from that consortium.

PAGE 11

84910. The chancellor and the Superintendent shall, when approving a schedule
of allocations for a fiscal year, also present preliminary projections for the amounts
that would be allocated in the subsequent two fiscal years. This preliminary presentation
shall not constitute a binding commitment of funds.

84911. To determine the need for adult education, the chancellor and the
Superintendent shall consider, at a minimum, measures related to adult population,
employment, immigration, educational attainment, and adult literacy.

84912. The chancellor and the Superintendent shall apportion funds appropriated
for the program in a given year in compliance with all of the following:

(a) No more than one-twelfth of the total amount appropriated shall have been
apportioned by the end of July.

(b) No more than one-sixth of the total amount appropriated shall have been
apportioned by the end of August.

(c) No more than one-quarter of the total amount appropriated shall have been
apportioned by the end of September.

(d) No more than one-third of the total amount appropriated shall have been
apportioned by the end of October.
(e) No more than five-twelfths of the total amount appropriated shall have been
apportioned by the end of November.

(f) No more than one-half of the total amount appropriated shall have been
apportioned by the end of December.

(g) No more than seven-twelfths of the total amount appropriated shall have
been apportioned by the end of January.

 PAGE 12
(h) No more than two-thirds of the total amount appropriated shall have been
apportioned by the end of February.

(i) No more than three-quarters of the total amount appropriated shall have been
apportioned by the end of March.

U) No more than five-sixths of the total amount appropriated shall have been
apportioned by the end of April.
(k) No more than eleven-twelfths of the total amount appropriated shall have
been apportioned by the end of May.
84913. (a) Funds apportioned for the program shall be used only for support
of the following:
(1) Programs in elementary and secondary basic skills, including programs
leading to a high school diploma or high school equivalency certificate.
(2) Programs for immigrants eligible for educational services in citizenship,
English as a second language, and workforce preparation.
(3) Programs for adults with disabilities.
(4) Programs in career technical education that are short term in nature and have
high employment potential.
(5) Programs for apprentices, including apprenticeship and preapprenticeship
training activities. These activities shall be conducted in coordination with one or more
apprenticeship programs approved by the Division of Apprenticeship Standards for
the occupation and geographic area.
(b) A consortiun may use no more than 5 percent of funds allocated in a given
fiscal year for the sum of the following:
(1) The costs of administration of these programs.
(2) The costs of the consortium.
PAGE 13
84914. (a) As a condition of receipt of an apportionment from the program, a
consortium shall approve a distribution schedule that includes both of the following:
(1) The amount of funds to be distributed to each member of the consortium for
that fiscal year.
(2) A narrative justifying how the planned allocations are consistent with the
adult education plan.
(b) (1) For any fiscal year for which the chancellor and the Superintendent
allocate an amount of funds to the consortium greater than the amount allocated in the
prior fiscal year, the amount of funds to be distributed to a member of that consortium
shall be equal to or greater than the amount distributed in the prior fiscal year, unless
the consortium makes at least one of the following findings related to the member for
which the distribution would be reduced:
(A) The member no longer wishes to provide services consistent with the adult
education plan.
(B) The member cannot provide services that address the needs identified in the
adult education plan.
(C) The member has been consistently ineffective in providing services that
address the needs identified in the adult education plan and reasonable interventions
have not resulted in improvements.
(2) For any year for which the chancellor and the Superintendent allocate an
amount of funds to the consortium less than the amount allocated in the prior year, the
amount of funds to be distributed to a member of that consortium shall not be reduced
by a percentage greater than the percentage by which the total amount of funds allocated
to the consortium decreased, unless the consortium makes at least one ofthe following
findings related to the member for which the distribution would be reduced further:
(A) The member no longer wishes to provide services consistent with the adult
education plan.
(B) The member cannot provide services that address the needs identified in the
adult education plan.
(C) The member has been ineffective in providing services that address the needs
identified in the adult education plan and reasonable interventions have not resulted
in improvements.
(c) A distribution schedule shall also include preliminary projections of the
amount of funds that would be distributed to each member of the consortium in each
of the subsequent two fiscal years. The preliminary projections shall not constitute a
binding commitment of funds.
84915. (a) It is the intent of the Legislature to coordinate programs that support
education and workforce services for adults.
(b) No later than January 31, 2016, the chancellor and the Superintendent 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 a plan approved by the
chancellor and the Superintendent to distribute funds from the following programs to
the consortia:
PAGE 15
(1) (A) The federal Adult Education and Family Literacy Act (Title II of the
federal Workforce Innovation and Opportunity Act).
(B) The plan for allocating funds under this paragraph shall comply with the
criteria enumerated in subsection (e) of Section 3321 ofTitle 29 of the United States
Code related to base disbursement of these funds.
(2) The federal Carl D. Perkins Career and Technical Education Act (Public Law
109-270).
84916. (a) To inform actions taken by the Governor and the Legislature related
to adult education, the chancellor and the Superintendent 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 adult education region. The report shall
include at least all of the following:
(1) A summary of the adult education plan operative for each consortium.
(2) The distribution schedule for each consortium.
(3) The types and levels of services provided by each consortium.
(4) The effectiveness of each consortium in meeting the educational needs of
adults in its respective region.
(5) Any recommendations related to delivery of education and workforce services
for adults, including recommendations related to improved alignment of state programs.
PAGE 16
(b) (1) The chancellor and the Superintendent may require a consortium, as a
condition of receipt of an apportionment, to submit any reports or data necessary to
produce the report described in subdivision (a).
(2) The chancellor and the Superintendent 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 delivery of services
across state and regional workforce, education, and job service programs.
84917. Notwithstanding any other law, a school district, county office of
education, or community college shall become a participating member of a consortium
pursuant to this article as a condition of receiving funds from any of the following
programs or allocations:
(a) The Adults in Correctional Facilities program.
(b) The federal Adult Education and Family Literacy Act (Title II of the federal
Workforce Innovation and Opportunity Act).
(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law
109-270).
(d) Local Control Funding Formula apportionments received for students who
are 19 years of age or older.
(e) Community college apportionments received for providing instruction in
courses in the areas listed in subdivision (a) of Section 84913.
05/13/15 02:33 PM RN 15 15041 03 PAGE 17
(f) State funds for remedial education and job training services for participants
in the Cal WORKs program.
SEC. 2. This act is a bill providing for appropriations related to the Budget Bill
within the meaning of subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the Budget Bill, and shall
take effect immediately.
-0
05/13/15 02:33PM RN 15 15041 03 PAGE 1
LEGISLATIVE COUNSEL'S DIGEST
Bill No.
as introduced, --
General Subject: Adult Education Block Grant Program.
(1) Existing law requires adult schools and evening high schools to consist of
classes for adults. Existing law authorizes minors to be admitted into those classes
pursuant to policies adopted by the governing board ofthe school district if those
minors meet certain eligibility requirements.
Existing law requires the Chancellor ofthe California Community Colleges and
the State Department of Education, pursuant to funding made available in the annual
Budget Act, to jointly provide 2-year planning and implementation grants to regional
consortia of community college districts and school districts for developing regional
plans to better serve the educational needs of adults.
This bill would establish the Adult Education Block Grant Program under the
administration of the Chancellor of the California Community Colleges and the
Superintendent of Public Instruction. The bill would require the chancellor and the
Superintendent, with the concurrence 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.

PAGE 2
The bill would require the chancellor and the Superintendent, with the
concurrence of the executive director, to approve, for each consortium, rules and
procedures that adhere to prescribed conditions. The bill would require that, as a
condition for the receipt of an apportionment of funds from this program for a particular
fiscal year, members of a consortium to have approved an adult education plan, as
specified.

The bill, for the 2015-16 fiscal year, would require the chancellor and the
Superintendent, with the concurrence of the executive director, to approve a schedule
of allocations, and to apportion funds, to each consortium in accordance with prescribed
calculations. The bill, for the 2016--17 fiscal year and each fiscal year thereafter, would
require the chancellor and the Superintendent, with the concurrence of the executive
director, to approve, within 15 days of the annual Budget Act and in accordance with
prescribed criteria, a fmal schedule of allocations to each consortium under the program.
The bill would require the chancellor and the Superintendent to submit to the
Director of Finance, the State Board of Education, and the Legislature, no later than
January 31, 2016, a plan approved by the chancellor and the Superintendent to distribute
funds from specified federal programs to the consortia for purposes of the program
proposed in this bill. The bill would also require the chancellor and the Superintendent
to submit an annual report including specified data about the use of funds for the
program and the outcomes for adults statewide and in each adult education region.
(2) This bill would declare that it is to take effect immediately as a bill providing
for appropriations related to the Budget Bill.
PAGE 3
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local
program: no.