Bill Text: CA SB425 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: City of El Monte: maintenance of effort: streets and roads allocations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State. Chapter 532, Statutes of 2016. [SB425 Detail]

Download: California-2015-SB425-Amended.html

---

BILL NUMBER: SB 425	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN SENATE  APRIL 21, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hernandez
    (   Principal coauthor: 
 Assembly Member   Calderon 
) 
    (   Coauthor:   Assembly Member  
Chau   ) 

                        FEBRUARY 25, 2015

   An act  to add Section 52334.7 to the Education Code,
relating to career technical education, and declaring the urgency
thereof, to take effect immediately.   relating to
transportation. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 425, as amended, Hernandez.  Career training: adult
students.   City of El Monte: maintenance of effort:
streets and roads allocations.  
   Existing law imposes a maintenance of effort requirement on cities
and counties with respect to receipt of streets and roads funds from
gasoline sales tax revenues in the Transportation Investment Fund.
Under the maintenance of effort requirement applicable to this
now-repealed source of revenues, a city or county was required to
maintain annual streets and roads expenditures from its general fund
equal to the annual average of its expenditures from that source
during the 1996-97, 1997-98, and 1998-99 fiscal years. If a city or
county failed to comply with the maintenance of effort requirement in
a particular fiscal year, existing law provided that it could
alternatively comply by expending in that year and the following
fiscal year a combined total amount that is not less than the amount
otherwise required to be expended in the 2 fiscal years. Existing law
provides specified exceptions to the maintenance of effort
requirement for the County of Fresno and the City of Santa Rosa.
 
   This bill would give the City of El Monte until December 31, 2019,
to meet the maintenance of effort requirement for receipt of streets
and roads funds from the Transportation Investment Fund for any
fiscal year between 2006-07 and 2010-11, inclusive.  
   The bill would make legislative findings and declarations as to
the necessity of a special statute for the City of El Monte. 

   (1) Existing law authorizes various career technical education
programs, including regional occupational centers and programs,
specialized secondary programs, partnership academies, and
agricultural career technical education programs.  
   The bill would authorize the Superintendent of Public Instruction
to certify, by name, any regional occupational center or program,
county office of education, or adult education program, that provides
a program of training to prepare adult students for gainful
employment in a recognized occupation, to legally authorize the
center, program, or office to provide an educational program beyond
secondary education, as specified.  
   (2) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) Notwithstanding subdivision (f) of
Section 7104.2 of the Revenue and Taxation Code or any other
provision of law, the City of El Monte shall have until December 31,
2019, to meet the maintenance of effort requirement applicable to
cities in order to receive a streets and roads allocation from the
Transportation Investment Fund for any fiscal year between 2006-07
and 2010-11, inclusive.  
   (b) The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique transportation funding needs in the City of El
Monte.  
  SECTION 1.    (a) The Legislature finds and
declares all of the following:
   (1) Career training for adults is an important part of workforce
and economic development in California.
   (2) Many of California's neediest adult students require financial
aid to support their career training.
   (3) Historically, those neediest adult students have had access to
federal financial aid under Title IV of the federal Elementary and
Secondary Education Act (20 U.S.C. Sec. 6301 et seq.).
   (4) Recent revisions in federal regulations governing Title IV of
the federal Elementary and Secondary Education Act (20 U.S.C. Sec.
6301 et seq.) have eliminated the eligibility for financial aid for
adult students in many of California's career training programs
operated by local educational agencies, even though adults in those
programs have been historically eligible.
   (b) The Legislature therefore supports all of the following:
   (1) Adult students' access to career training programs that will
improve or expand their job skills and employability.
   (2) Adult students' access to federal financial aid that may be
used for career training programs and services.
   (3) Providers of career training programs for adult students, as
those providers work to satisfy federal requirements necessary to
establish federal financial aid eligibility for those adult students.
 
  SEC. 2.   Section 52334.7 is added to the
Education Code, to read:
   52334.7.  (a) The Superintendent may certify, by name, any
regional occupational center or program, county office of education,
or adult education program, that provides a program of training to
prepare adult students for gainful employment in a recognized
occupation, upon the center, program, or office's satisfaction of the
requirements in subdivision (b), to legally authorize the center,
program, or office to provide an educational program beyond secondary
education, including an education program that leads to a degree or
certificate, for purposes of the center, program, or office
participating in any student financial assistance program authorized
by Title IV of the Higher Education Act of 1965, as amended (20
U.S.C. Sec. 1070 et seq.).
   (b) A regional occupational center or program, county office of
education, or adult education program applying for certification
pursuant to subdivision (a) shall comply with both of the following:
   (1) Satisfying all applicable eligibility requirements specified
in federal rulemaking pursuant to Sections 600.6, 600.7, and 600.9 of
Title 34 of the Code of Federal Regulations, other than the
authorization provided for in subdivision (a).
   (2) Applying in writing to the Superintendent, as an individual
center, program, or office, to be considered for certification
pursuant to subdivision (a).
   (c) Any person may file a complaint under the Uniform Complaint
Procedures, as set forth in Title 5 of the California Code of
Regulations, regarding an alleged violation by a local agency of
federal or state law or regulations governing adult education
programs or regional occupational centers and programs, including
allegations of unlawful discrimination, harassment, intimidation, or
bullying.
   (d) The Superintendent shall adopt regulations that authorize any
person to file a complaint under the Uniform Complaint Procedures, as
set forth in Title 5 of the California Code of Regulations,
regarding an alleged violation by a county office of education of
federal or state law or regulations governing that county office of
education's participation in any student financial assistance program
authorized by Title IV of the Higher Education Act of 1965, as
amended (20 U.S.C. Sec. 1070 et seq.), including allegations of
unlawful discrimination, harassment, intimidation, or bullying.
   (e) The Superintendent may decertify, for purposes of
participating in any student financial assistance program authorized
by Title IV of the Higher Education Act of 1965, as amended (20
U.S.C. Sec. 1070 et seq.), a regional occupational center or program,
county office of education, or adult education program previously
certified in accordance with subdivision (a) if the Superintendent
determines that the regional occupational center or program, county
office of education, or adult education program is no longer in
compliance with the requirements outlined in subdivision (b).
 
  SEC. 3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order for regional occupational centers and programs, county
offices of education, adult schools, and evening high schools to
satisfy federal requirements in order to participate in federal
student aid programs, it is necessary for this act to take effect
immediately.