California Assembly Bill AB1713 Introduced / Bill

 BILL NUMBER: AB 1713INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Furutani FEBRUARY 2, 2010 An act to amend Sections 1330, 48800, 66725.3, 69655, and 84760.5 of, and to repeal Sections 10701 and 89343 of, the Education Code, relating to public education. LEGISLATIVE COUNSEL'S DIGEST AB 1713, as introduced, Furutani. Public education: reporting requirements. (1) The California Constitution provides for the election of the Superintendent of Public Instruction, and existing statutory law prescribes the Superintendent's powers and duties. Existing law also establishes the segments of the public postsecondary education system in the state, which include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Existing law requests the University of California, and requires the Superintendent, the California State University, and the California Community Colleges, to submit various reports on specified topics to the Legislature or the Governor, or both. (2) Existing law establishes the School Employees Fund, and requires school employers that elect to pay the cost of specified benefits into the Unemployment Fund to remit to the Treasurer, for deposit in the School Employees Fund, charges for unemployment compensation benefits and other expenses of unemployment insurance for school employees. Existing law requires the Director of Employment Development, which is the administrator of the School Employees Fund, to transfer a specified sum based on the number of covered employees in participating districts to the Superintendent of the board of governors, as appropriate. Existing law requires this transfer to be based on annual reports received from the Superintendent and the board of governors and prescribes the contents of those reports. This bill would make these requirements related to the annual reports inapplicable to the board of governors. (3) Existing law requires the Chancellor of the California Community Colleges and the Superintendent to convene a working group of adult education and data experts to review adult education and noncredit instruction data systems and to report on the feasibility, design, and cost of a common data set in adult education. This bill would delete these requirements. (4) Existing law authorizes a school district to authorize pupils to attend a community college as special part-time or full-time students, and authorizes the principal of a school to recommend a pupil for a community college summer session only if the pupil meets prescribed criteria. Existing law requires the Chancellor of the California Community Colleges to report, on or before November 1, 2007, and by January 1 of each year thereafter, to the Department of Finance the number of pupils recommended for a summer session that enroll in summer session courses and receive a passing grade. This bill instead, would, require the chancellor to provide the report by March 1 of each year and would authorize the information in that report to be consolidated with another specified report. (5) Existing law requires the board of governors and the trustees, and requests the regents, by June 30, 2006, to report on the status of activities in their respective segments relating to the adoption of a common course numbering system. This bill would delete that requirement from an annual report and request. (6) Existing law requires the Chancellor of the California Community Colleges to annually report to the Legislature regarding the number of students served by the Community College Extended Opportunity Programs and Services and the number of those students who achieve their educational objectives. This bill would change that reporting requirement to a biennial report. (7) Existing law requires the Chancellor of the California Community Colleges to prepare and submit to the Department of Finance and the Legislature, by May 1 of each year, a specified report on career development and college preparation classes that are eligible for apportionment funding. This bill would change the due date of that report from May 1 of each year to July 1 of each year. (8) Existing law requires the trustees and the board of governors to evaluate the extent to which their current programs are meeting the needs of foster youth and how outreach and retention services can be improved. This bill would delete that requirement. 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 1330 of the Education Code is amended to read: 1330. (a) The Superintendent  of Public Instruction  or the Board of Governors of the California Community Colleges, as appropriate, shall represent, and exercise rights of appeal to the Unemployment Insurance Appeals Board under this part on behalf of school employers held under Section 1336 of the Unemployment Insurance Code. (b) The Superintendent  of Public Instruction  or Board of Governors of the California Community Colleges is hereby authorized to obtain pertinent personnel records and data from any school employer and to act as an agent individually or collectively for school employers in matters pertaining to unemployment insurance. (c) Each county superintendent of schools shall have the responsibility of establishing, coordinating, and maintaining, either directly or by contract, an unemployment insurance management system for each school employer participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. A management system shall include general administration, claims management, appointment of hearing representatives, representation of school employers at hearings, and other duties related to the unemployment insurance program in their jurisdiction. These duties and responsibilities may be delegated to any school district, community college district, another county superintendent of schools, or any combination of these entities, including programs under joint powers agreements for the purpose of consolidation for economy and employment of specialists, including the services of a regional data center operated by a county superintendent of schools or the data-processing services of a school district or a community college district. School employers not participating in the School Employees Fund shall be responsible for the development and maintenance of their own unemployment insurance management system required by this subdivision. (d) Each school employer shall perform pursuant to the type of financing elected, and shall, as required, respond to the Superintendent  of Public Instruction  or Board of Governors of the California Community Colleges and the county superintendent of schools or designated agency as soon as possible, in no case later than 48 hours, to inquiries made on behalf of the county superintendent or the Superintendent  of Public Instruction  or Board of Governors of the California Community Colleges in reference to any aspect of eligibility, notice of claim or appeal under the unemployment insurance program. Each county superintendent or agent thereof who is responsible for administering the unemployment insurance program shall be responsible for timely responses to any inquiry by the administrator, Superintendent  of Public Instruction  ,  State  Treasurer, Controller, or other officer or person responsible for disbursements from the School Employees Fund in the State Treasury as established by Section 822 of the Unemployment Insurance Code, or the Unemployment Fund in the State Treasury. Any school employer  which   that  fails to pay the contributions, interest, charges or levies within the time required shall be liable for interest on moneys due at the rate of 1 percent per month or fraction thereof from and after the date of delinquency until paid. If the school employer fails, without good cause, to pay any sums required within the time required, a penalty of 10 percent of the amount noticed, billed or required shall be made by the administrator. The administrator may for good cause waive all or a portion of interest and penalty. (e) The administrator of the School Employees Fund shall, from available interest earnings, pursuant to investments authorized by Section 822 of the Unemployment Insurance Code, transfer each year an amount equal to two dollars ($2) per covered employee for all districts participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code, to the Superintendent  of Public Instruction  or the Board of Governors of the California Community Colleges, as appropriate. The Superintendent  of Public Instruction  or the Board of Governors of the California Community Colleges, as appropriate, shall apportion the two dollars ($2) per covered employee amount, less actual state administrative costs not to exceed five cents ($0.05) per covered employee, to the county superintendent of schools to cover costs of administering the unemployment insurance management system specified in subdivision (c). (f) For  the   each  fiscal year  1978-79, and each fiscal year thereafter  , the administrator of the School Employees Fund shall transfer the funds by December 31 of each year based on the reports received from the Superintendent  of Public Instruction or Board of Governors of the California Community Colleges  by November 30 of each year. The reports shall be compiled from the number of covered employees as reported by the county superintendent of schools  or community colleges, as appropriate,  to the Superintendent  of Public Instruction or the Board of Governors of the California Community Colleges  by November 1 of each year, based on the covered employees employed in the preceding calendar month. The funds shall be apportioned by the Superintendent  of Public Instruction and the Board of Governors of the California Community Colleges  prior to January 31 of each year to the county superintendent of schools, less the actual administrative costs of the Superintendent  of Public Instruction or the Board of Governors of the California Community Colleges  , which shall not exceed an aggregate amount of five cents ($0.05) per covered employee. Funds for the cost of administering the unemployment insurance management system shall be apportioned to each county superintendent of schools according to the number of covered employees in each district reported by him or her, and shall be used only for the purpose of covering actual administrative costs incurred pursuant to  Section 1330   this section  . SEC. 2. Section 10701 of the Education Code is repealed.  10701. The Chancellor of the California Community Colleges and the superintendent, using existing resources, shall convene a working group of adult education and data experts to review the separate, existing adult education and noncredit instruction data systems, and report to the Legislature and the Governor by July 1, 2007, on the feasibility, design, and cost of a common data set in adult education.  SEC. 3. Section 48800 of the Education Code is amended to read: 48800. (a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board may authorize those pupils, upon recommendation of the principal of the pupil's school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. (b) If the governing board denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. (d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria: (A) Demonstrates adequate preparation in the discipline to be studied. (B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. (2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately prior to the time of recommendation. (3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5 percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled meets one of the criterion listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4). (A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University. (B) The course is a college-level, occupational course for credit assigned a priority code of "A," "B," or "C," pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. (C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements: (i) The pupil is in his or her senior year of high school. (ii) The pupil has completed all other graduation requirements prior to the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school. (4) On or before  November 1, 2007, and on or before January 1 of each year thereafter,   March 1 of each year,  the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade.  The information in this report may be submitted with the report required by subdivision (c) of Section 76002.  (5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges. (6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. (e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2014. SEC. 4. Section 66725.3 of the Education Code is amended to read: 66725.3. (a) Not later than June 1, 2006, the California Community Colleges and the California State University shall adopt, and the University of California and private postsecondary institutions may adopt, a common course numbering system for the 20 highest-demand majors in the respective segments.  (b) Not later than June 30, 2006, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, report to the Legislature on the status of the activities of their respective segments as they relate to subdivision (a) and on the plans of their respective segments to implement a common course numbering system for the majors that are not covered by subdivision (a).   (c)   (b)  Each campus of a public postsecondary educational institution shall incorporate the common course numbering system in its catalogue. This incorporation into a campus catalogue shall occur at the next adoption of a campus catalogue after June 1, 2006. SEC. 5. Section 69655 of the Education Code is amended to read: 69655. (a) Pursuant to Section 69648, the Chancellor of the California Community Colleges shall determine the elements of a statewide data base for the Community College Extended Opportunity Programs and Services, which shall be used for periodic evaluation of the programs and services. The data base shall include all information necessary to demonstrate the statewide progress towards achieving the program goals identified in Section 69640, and program objectives adopted pursuant to Section 69648 including, but not limited to, all of the following: (1) The annual number of extended opportunity programs and services (EOPS) students and non-EOPS students who complete degree or certificate programs, transfer programs, or other programs, as determined by state and local matriculation policies. (2) The annual number of EOPS and non-EOPS students who transfer to institutions which award the baccalaureate degree. In implementing this paragraph, the chancellor shall work in cooperation with the California Postsecondary Education Commission, the President of the University of California, the Chancellor of the California State University, and the Association of Independent Colleges and Universities to establish methods for obtaining the necessary data. (3) The annual number of EOPS and non-EOPS students completing occupational programs who find career employment. In implementing this paragraph, the chancellor shall integrate the data collection with existing data collection requirements pertaining to vocational education. (b) Beginning in January 1987, the chancellor shall  annually   biennially  report to the Legislature regarding the number of students served by the Community College Extended Opportunity Programs and Services and the number of EOPS students who achieve their educational objectives. SEC. 6. Section 84760.5 of the Education Code is amended to read: 84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b): (1) Classes and courses in elementary and secondary basic skills. (2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training. (3) Short-term vocational programs with high employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department. (4) Classes and courses in English as a second language and vocational English as a second language. (b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a). (c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757. (d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5. (e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before  May   July  1 of each year, a report that details, at a minimum, the following: (1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes. (2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. SEC. 7. Section 89343 of the Education Code is repealed.  89343. The Trustees of the California State University and Board of Governors of the California Community Colleges shall evaluate the extent to which their current programs are meeting the needs of foster youth and how those outreach and retention services can be improved.