Bill Text: CA AB2860 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2860 (Prior Session Legislation)

Bill Title: Adult education: Adult Education Block Grant Program: appeals board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2860 Detail]

Download: California-2015-AB2860-Amended.html

BILL NUMBER: AB 2860	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 19, 2016

   An act to  amend Section 84909 of   add
Section 84905.5 to  the Education Code, relating to adult
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2860, as amended, Brown. Adult education: Adult Education Block
Grant  Program.   Program: appeals board. 

   Existing law establishes the Adult Education Block Grant Program
under the administration of the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction.
Under this program, the chancellor and the Superintendent, with the
advice of the Executive Director of the State Board of Education, are
required to divide the state into adult education regions and
approve one adult education consortium in each adult education
region, as specified. Existing law requires the chancellor and the
Superintendent, with the advice of the executive director, to
approve, for each consortium, rules and procedures that adhere to
prescribed conditions. Existing law also requires, as a condition for
the receipt of an apportionment of funds from this program for a
fiscal year, that members of a consortium approve an adult education
plan, as specified. 
   Existing law, for the 2016-17 fiscal year and each fiscal year
thereafter, requires the chancellor and the Superintendent, with the
advice of the executive director, to approve, within 15 days of the
enactment of the annual Budget Act and in accordance with prescribed
criteria, a final schedule of allocations to each consortium under
the program. Existing law specifies that, using the final schedule of
allocations, the chancellor and the Superintendent are to either
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 or apportion funds to members of a
consortium beginning no more than 30 days after receipt of final a
distribution schedule from that consortium. 
   This bill would  instead require the chancellor and the
Superintendent to apportion funds directly to members of a consortium
before the beginning of the fiscal year for which the allocation is
to be made.   give a consortium member   the
right to submit an appeal to the Adult Education Block Grant Appeals
Board, which the bill would establish and that would consist of the
Chancellor of the California Community Colleges, the Superintendent
of Public Instruction, and the Executive Director of the State Board
of Education. The bill would set forth the conditions under which an
appeal could be submitted, and would provide for procedures and
timeframes in accordance with which the appeals board would be
required to schedule a hearing on an appeal and post a decision.

   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 84905.5 is added to the 
 Education Code   , to read:  
   84905.5.  (a) A consortium member shall have the right to submit
an appeal to the Adult Education Block Grant Appeals Board, which is
hereby established. The members of the appeals board shall be the
chancellor, the Superintendent, and the executive director.
   (b) A consortium member or members may submit an appeal, in
writing, for either of the following reasons:
   (1) The consortium has been unable to obtain the approval of its
rules and procedures pursuant to Section 84905.
   (2) The consortium has failed to distribute funds pursuant to
Section 84914 in any fiscal year.
   (c) When an appeal is submitted pursuant to subdivision (b), the
Adult Education Block Grant Appeals Board shall first determine if
the appeal satisfies the requirements of subdivision (b). The appeals
board shall make this determination within 30 calendar days after
receipt of the appeal.
   (d) If the appeals board finds that an appeal meets the
requirements of subdivision (b), the appeals board shall schedule a
meeting for purposes of hearing the appeal. The hearing shall be
scheduled in accordance with the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code), and shall be held
within 60 calendar days of the determination made by the appeals
board pursuant to subdivision (c).
   (e) The appeals board may request additional information from the
appealing consortium member or from the affected consortium in order
to assist the appeals board while it is hearing the appeal.
   (f) The appeals board shall post its decision on an appeal on the
Internet Web site of the chancellor within 30 calendar days of the
hearing. The decision of the appeals board on an appeal heard
pursuant to this section shall be final.  
  SECTION 1.    Section 84909 of the Education Code
is amended to read:
   84909.  (a) This section shall apply commencing with the 2016-17
fiscal year.
   (b) The chancellor and the Superintendent, with the advice 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 advice 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 apportion funds directly
to members of a consortium before the beginning of the fiscal year
for which the allocation is to be made.