| 1 | | - | Assembly Bill No. 1491 CHAPTER 519An act to amend Sections 84901 and 84914 of the Education Code, relating to adult education. [ Approved by Governor September 25, 2022. Filed with Secretary of State September 25, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1491, McCarty. Adult education: consortia: carryover of allocated funds.Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice 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 of those regions. Existing law authorizes a community college district, school district, or county office of education, or a combination of these entities in a joint powers authority, to be members of an adult education consortium. Existing law requires, as a condition of receipt of an apportionment from the program, that an adult education consortium have a consortium-approved 3-year adult education plan, and approve a distribution schedule for apportionment to members of the consortium. Existing law requires that the amount distributed to a member of the consortium not be reduced, except as provided, unless the consortium makes specified findings related to the member for which the distribution would be reduced, including that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan.This bill would authorize a consortium to reduce a members allocation by no more than the amount of the members carryover, as defined, if the consortium makes a finding by a majority vote, based on the member having excessive carryover for at least 2 consecutive fiscal years beginning with the 202223 fiscal year, that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. The bill would require a consortium with carryover from one or more prior fiscal years exceeding 20% to submit a written expenditure plan, as specified, to the chancellor and the Superintendent, and would require the chancellor and the Superintendent to prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 84901 of the Education Code is amended to read:84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900.SEC. 2. Section 84914 of the Education Code is amended to read: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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 1 | + | Enrolled August 26, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly August 24, 2022 Amended IN Senate August 11, 2022 Amended IN Senate June 02, 2022 Amended IN Senate May 18, 2022 Amended IN Assembly March 30, 2021 Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1491Introduced by Assembly Member McCartyFebruary 19, 2021An act to amend Sections 84901 and 84914 of the Education Code, relating to adult education.LEGISLATIVE COUNSEL'S DIGESTAB 1491, McCarty. Adult education: consortia: carryover of allocated funds.Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice 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 of those regions. Existing law authorizes a community college district, school district, or county office of education, or a combination of these entities in a joint powers authority, to be members of an adult education consortium. Existing law requires, as a condition of receipt of an apportionment from the program, that an adult education consortium have a consortium-approved 3-year adult education plan, and approve a distribution schedule for apportionment to members of the consortium. Existing law requires that the amount distributed to a member of the consortium not be reduced, except as provided, unless the consortium makes specified findings related to the member for which the distribution would be reduced, including that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan.This bill would authorize a consortium to reduce a members allocation by no more than the amount of the members carryover, as defined, if the consortium makes a finding by a majority vote, based on the member having excessive carryover for at least 2 consecutive fiscal years beginning with the 202223 fiscal year, that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. The bill would require a consortium with carryover from one or more prior fiscal years exceeding 20% to submit a written expenditure plan, as specified, to the chancellor and the Superintendent, and would require the chancellor and the Superintendent to prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 84901 of the Education Code is amended to read:84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900.SEC. 2. Section 84914 of the Education Code is amended to read: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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 14 | 28 | | |
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| 15 | 29 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 30 | | |
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| 17 | 31 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 32 | | |
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| 19 | 33 | | AB 1491, McCarty. Adult education: consortia: carryover of allocated funds. |
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| 20 | 34 | | |
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| 21 | 35 | | Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice 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 of those regions. Existing law authorizes a community college district, school district, or county office of education, or a combination of these entities in a joint powers authority, to be members of an adult education consortium. Existing law requires, as a condition of receipt of an apportionment from the program, that an adult education consortium have a consortium-approved 3-year adult education plan, and approve a distribution schedule for apportionment to members of the consortium. Existing law requires that the amount distributed to a member of the consortium not be reduced, except as provided, unless the consortium makes specified findings related to the member for which the distribution would be reduced, including that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan.This bill would authorize a consortium to reduce a members allocation by no more than the amount of the members carryover, as defined, if the consortium makes a finding by a majority vote, based on the member having excessive carryover for at least 2 consecutive fiscal years beginning with the 202223 fiscal year, that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. The bill would require a consortium with carryover from one or more prior fiscal years exceeding 20% to submit a written expenditure plan, as specified, to the chancellor and the Superintendent, and would require the chancellor and the Superintendent to prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding. |
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| 22 | 36 | | |
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| 23 | 37 | | Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice 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 of those regions. Existing law authorizes a community college district, school district, or county office of education, or a combination of these entities in a joint powers authority, to be members of an adult education consortium. Existing law requires, as a condition of receipt of an apportionment from the program, that an adult education consortium have a consortium-approved 3-year adult education plan, and approve a distribution schedule for apportionment to members of the consortium. Existing law requires that the amount distributed to a member of the consortium not be reduced, except as provided, unless the consortium makes specified findings related to the member for which the distribution would be reduced, including that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. |
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| 24 | 38 | | |
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| 25 | 39 | | This bill would authorize a consortium to reduce a members allocation by no more than the amount of the members carryover, as defined, if the consortium makes a finding by a majority vote, based on the member having excessive carryover for at least 2 consecutive fiscal years beginning with the 202223 fiscal year, that the member has been consistently ineffective in providing services that address the needs identified in the adult education plan. The bill would require a consortium with carryover from one or more prior fiscal years exceeding 20% to submit a written expenditure plan, as specified, to the chancellor and the Superintendent, and would require the chancellor and the Superintendent to prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding. |
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| 26 | 40 | | |
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| 27 | 41 | | ## Digest Key |
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| 28 | 42 | | |
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| 29 | 43 | | ## Bill Text |
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| 30 | 44 | | |
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| 31 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 84901 of the Education Code is amended to read:84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900.SEC. 2. Section 84914 of the Education Code is amended to read: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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 32 | 46 | | |
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| 33 | 47 | | The people of the State of California do enact as follows: |
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| 34 | 48 | | |
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| 35 | 49 | | ## The people of the State of California do enact as follows: |
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| 36 | 50 | | |
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| 37 | 51 | | SECTION 1. Section 84901 of the Education Code is amended to read:84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900. |
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| 38 | 52 | | |
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| 39 | 53 | | SECTION 1. Section 84901 of the Education Code is amended to read: |
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| 40 | 54 | | |
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| 41 | 55 | | ### SECTION 1. |
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| 42 | 56 | | |
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| 43 | 57 | | 84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900. |
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| 44 | 58 | | |
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| 45 | 59 | | 84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900. |
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| 46 | 60 | | |
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| 47 | 61 | | 84901. For purposes of this article, the following definitions shall apply, unless otherwise specified:(a) Adult means a person 18 years of age or older.(b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation.(c) Consortium means an adult education consortium approved pursuant to this article.(d) Executive director means the executive director of the State Board of Education.(e) Program means the Adult Education Program established by Section 84900. |
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| 48 | 62 | | |
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| 49 | 63 | | |
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| 50 | 64 | | |
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| 51 | 65 | | 84901. For purposes of this article, the following definitions shall apply, unless otherwise specified: |
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| 52 | 66 | | |
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| 53 | 67 | | (a) Adult means a person 18 years of age or older. |
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| 54 | 68 | | |
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| 55 | 69 | | (b) Carryover means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal years allocation. |
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| 56 | 70 | | |
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| 57 | 71 | | (c) Consortium means an adult education consortium approved pursuant to this article. |
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| 58 | 72 | | |
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| 59 | 73 | | (d) Executive director means the executive director of the State Board of Education. |
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| 60 | 74 | | |
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| 61 | 75 | | (e) Program means the Adult Education Program established by Section 84900. |
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| 62 | 76 | | |
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| 63 | 77 | | SEC. 2. Section 84914 of the Education Code is amended to read: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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 64 | 78 | | |
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| 65 | 79 | | SEC. 2. Section 84914 of the Education Code is amended to read: |
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| 66 | 80 | | |
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| 67 | 81 | | ### SEC. 2. |
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| 68 | 82 | | |
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| 69 | 83 | | 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 70 | 84 | | |
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| 71 | 85 | | 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 72 | 86 | | |
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| 73 | 87 | | 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements.(2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the 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, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, 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.(d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership.(2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover.(e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent.(2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding.(3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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| 74 | 88 | | |
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| 75 | 89 | | |
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| 76 | 90 | | |
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| 77 | 91 | | 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: |
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| 78 | 92 | | |
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| 79 | 93 | | (1) The amount of funds to be distributed to each member of the consortium for that fiscal year. |
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| 80 | 94 | | |
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| 81 | 95 | | (2) A narrative justifying how the planned allocations are consistent with the adult education plan. |
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| 82 | 96 | | |
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| 83 | 97 | | (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: |
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| 84 | 98 | | |
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| 85 | 99 | | (A) The member no longer wishes to provide services consistent with the adult education plan. |
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| 86 | 100 | | |
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| 87 | 101 | | (B) The member cannot provide services that address the needs identified in the adult education plan. |
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| 88 | 102 | | |
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| 89 | 103 | | (C) The member has been consistently ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements. |
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| 90 | 104 | | |
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| 91 | 105 | | (2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal 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 of the following findings related to the member for which the distribution would be reduced further: |
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| 92 | 106 | | |
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| 93 | 107 | | (A) The member no longer wishes to provide services consistent with the adult education plan. |
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| 94 | 108 | | |
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| 95 | 109 | | (B) The member cannot provide services that address the needs identified in the adult education plan. |
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| 96 | 110 | | |
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| 97 | 111 | | (C) The member has been ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 202223 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements. |
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| 98 | 112 | | |
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| 99 | 113 | | (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. |
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| 100 | 114 | | |
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| 101 | 115 | | (d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership. |
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| 102 | 116 | | |
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| 103 | 117 | | (2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the members allocation by no more than the amount of the members carryover. |
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| 104 | 118 | | |
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| 105 | 119 | | (e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortiums carryover to below 20 percent, to the chancellor and the Superintendent. |
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| 106 | 120 | | |
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| 107 | 121 | | (2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the regions available funding. |
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| 108 | 122 | | |
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| 109 | 123 | | (3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortiums region. |
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