Bill Text: CA AB1702 | 2009-2010 | Regular Session | Amended

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Bill Title: Community colleges: inmate education programs:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB1702 Detail]

Download: California-2009-AB1702-Amended.html

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BILL NUMBER: AB 1702	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 1, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1702, as amended, Swanson. Community colleges: inmate education
programs: computation of apportionments.
   (1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as a segment of public postsecondary education in
the state.
   Existing law, notwithstanding open course provisions in statute or
regulations of the board of governors, authorizes the governing
board of a community college district that provides classes for
inmates of certain facilities, including a federal correctional
facility, to 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 a
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.
   (2) 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, a class for
which a district receives full compensation for its direct education
costs for the conduct of the class from a public or private agency,
individual, or group of individuals, and a 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 a governing board of a
community college district that provides classes for inmates of a
city, county, or city and county jail, road camp, farm for adults, or
state or federal correctional facility. This section shall not be
construed to 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
 pursuant to paragraph (3) of subdivision (d) of Section 84750.5.
The attendance hours generated by instruction in career development
and college preparation shall be funded at the rate determined
pursuant to paragraph (4) of subdivision (d) of Section 84750.5 
.
   (b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, a 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 a 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 shall not be construed as providing a source of
funds to shift, supplant, or reduce the costs incurred by the
Department of Corrections and Rehabilitation in providing inmate
education programs.