HomeMy WebLinkAbout2011-06-28 - AGENDA REPORTS - LEGISLATION AB 515 (2)Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by
DATE: June 28, 2011
SUBJECT: STATE LEGISLATION: AB 515
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
Michael Murphy
City Council adopt the recommendation of the City Council Legislative Committee and adopt a
"support" position for Assembly Bill 515 (Brownley) and transmit letters of support to Assembly
Member Brownley, Santa Clarita's state legislative delegation, appropriate legislative
committees, Governor Brown, League of California Cities, and Santa Clarita Community College
District.
BACKGROUND
AB 515 was introduced by Assembly Member Julia Brownley on February 15, 2011, at the
request of the Santa Clarita Community College District and the Santa Monica Community
College District. This bill is co-authored by Assembly Member Cameron Smyth.
Existing law establishes the California Community Colleges (CCC)_, which are administered by
the Board of Governors of the California Community Colleges.
If enacted, AB 515 would establish the California Community Colleges Extension Pilot Program
to permit the governing board of a community college district that meets specified requirements
to establish and maintain an extension program offering credit courses. This bill allows the CCC
to have the same authority already held by the California State University and University of
California higher education systems to offer extension programs. This bill provides more access
to higher education for the public at no additional cost to the state.
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The bill requires an extension program to be self-supporting, open to the public, and developed
and conducted in conformance with specified statutory and regulatory guidelines. The bill would
require the CCC to determine whether an extension program meets specified requirements and to
annually review extension programs.
AB 515 would allow community college districts to establish fees not to exceed the actual costs
of the courses and would require administrative costs to be minimized to the greatest extent
possible. The bill would also require state and federal financial aid to be available to eligible
students participating in the program and would require a district governing board to provide for
fee waivers. This act would remain operative only until July 1, 2016, unless that date is deleted
or extended.
On June 14, 2011, the City Council Legislative Committee met and voted to recommend a
"support" position to the full City Council.
ALTERNATIVE ACTIONS
1. Adopt an oppose position on AB 515.
2. Take no position on AB 515.
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources beyond those contained within the FY 2010/11 adopted City budget.
ATTACHMENTS
Assembly Bill 515 Text
OL
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY APRIL 27, 2011
AMENDED IN ASSEMBLY APRIL 5, 2011
CALIFORNIA LEGISLATURE -2011-12 REGULAR SESSION
ASSEMBLY BILL No. 515
Introduced by Assembly Member Brownley
(Coauthor: Assembly Member Smyth)
February 15, 2011
An act to add and repeal Section 78302 of the Education Code,
relating to community colleges. .
LEGISLATIVE COUNSEL'S DIGEST
AB 515, as amended, Brownley. Public postsecondary education:
community colleges: extension program.
Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges. The governing board of any community college
district is authorized, without approval of the board of governors, to
establish and maintain community service classes in civic, vocational,
literacy, health, homemaking, technical, and general education, as
specified.
This bill wouldauthorize the goveming board of any
eollege distriet, without approval of the board ofgovernofs, to esta
establish
the California Community Colleges Extension Pilot Program to permit
the governing board of a community college district that meets specified
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AB 515 —2—
requirements
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requirements to establish and maintain an extension program offering
credit courses.
The bill would speeify that the eaurses be required to require an
extension program to, among other things, be self-supporting, open to
the public, and developed and conducted in conformance with specified
statutory and regulatory guidelines. -No The bill would require the Office
of the Chancellor of the California Community Colleges to determine
whether an extension program meets specified requirements and to
annually review extension programs. The bill would require that
governing boards not expend any General Fund moneys would be
expended to establish -or and maintain the courses except program
revenues generated by these provisions. The bill would prohibit districts
from allowing extension credit courses to supplant courses funded with
state apportionments and from reducing certain state -funded course
sections with the intent of reestablishing those course sections as part
of an extension program, and would feqttife distriet boards to anntm44y
eeftify eomplianee with these prohibitions, as . The bill would
also prohibit extension credit courses from being conducted in a manner
that supplants the use of district instructional space for courses funded
with state apportionments.
This bill would allow community college districts toes
€or establish fees not to exceed the actual costs of the courses, as defined,
and would require administrative costs to be minimized to the greatest
extent possible. The bill would also require state and federal financial
aid to be available to eligible students participating in the program
and would require a district governing board to provide for fee waivers,
as specified. Each participating district would be required to collect and
keep records relating to the extension program and submit them, and
a schedule of course fees, to the ehanee"a-'s o ffiee chancellor by
October 1 of each year. This information would, in turn, be submitted
by the chancellor to the Legislative Analyst by November 1 of each
year. The bill would require the Legislative Analyst to submit a written
report on the pilot program to the Legislature by Novernbe January
1; 2015, summarizing the information provided by the chancellor,
assessing compliance of the program with the Legislature's intent, and
suggesting any needed statutory improvements.
The bill would make the requirement for a report to the Legislature
inoperative on 4anuary 1, 2 July 1, 2016. This act would remain
e€€eet operative only until , July 1, 2016, unless that
date is deleted or extended.
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AB 515
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
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The people of the State of California do enact as follows:
SECTION 1. Section 78302 is added to the Education Code,
to read:
78302. (a) The governing board of any eommunity eollege
distriet mar, without the appfoval of the Board of Govemors. of.
California Community
Colleges Extension Pilot Program is hereby established to permit
the governing board of a community college district that meets the
requirements of this section to establish and maintain an extension
program offering course credits.
(b) AirA community college district may establish and maintain
an extension program offering credit courses established
tinder
this seetion shall have the following ehafaeteristies, if the program
meets all of the following requirements:
(1) The program shall be self-supporting, and all costs associated
with the program shall be recovered.
(2) Program enrollment shall be open to the public.
(3) The program shall be developed in conformance with the
provisions of the Education Code and Title 5 of the California
Code of Regulations governing community college credit courses
and shall be subject to annual review by the chancellor pursuant
to paragraph (2) of subdivision (c).
(4) The provisions of Section 87482.6 providing thfttl which
requires community college districts to make progress toward 75
percent of the hours of credit instruction should be being taught
by full-time instructors, shall apply to extension programs offering
credit classes established under this section.
(5) Program revenues, and program expenditures conforming
to the current expense of education as defined by subdivision (c)
of Section 84362, shall be included by the district in complying
with subdivision (d) of Section 84362, which requires that 50
percent of the district's current expense of education to be
expended during each fiscal year for payment of salaries of
classroom instructors.
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(6) The program shall be subject to district collective bargaining
agreements.
(c) The chancellor's office shall do both of thefollowing:
(1) Determine whether a community college district's extension
program meets the requirements specified in subdivision (b).
(2) Annually review extension programs established pursuant
to this section.
(d) Governing boards shall not expend any General Fund
moneys to establish and maintain extension courses other than
program revenues generated under this section.
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(e) (1) Extension credit courses shall not supplant courses
funded with state apportionments. Districts shall not reduce
state -funded course sections needed by students to achieve basic
skills, workforce training, or transfer goals, with the intent of
reestablishing those course sections as part of the extension
program.
eomplianee with this subdivision by board aetion taken at a regulaf
session of the distriet goveming board.
(2) Districts receiving a stability adjustment to their
apportionment funding shall not offer an extension program.
(3) Thirty days in advance of each session, a district maintaining
an extension program under this section shall submit a list of the
extension courses that they will be offering to the chancellor's
office.
(4) The chancellor shall monitor compliance with this
subdivision as part of the annual review conducted pursuant to
paragraph (2) of subdivision (c).
(5) The governing board of a district maintaining an extension
program under this section shall annually certify compliance with
this subdivision by board action taken at a regular meeting of the
board.
69 Extension credit courses shall not be conducted in district
instructional space in a manner that supplants the use of district
instructional space for courses funded with state apportionments.
(g) Students completing extension courses through the pilot
program shall be limited to applying no more than 24 semester
units to an associate or transfer degree from a California
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5— AB 515
Community College. Students shall be limited to obtaining a
maximum of 12 credit units per semester in an extension program,
excluding career technical education courses.
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(h) (1) Governing boards may
extension ..,..,..ses .. re establish fees not to exceed the actual cost
of maintaining extension courses. Actual costs shall include the
actual cost of instruction, the cost of necessary equipment and
supplies, student services and institutional support costs, and other
costs of the district used in calculating the costs of education4or
nonresident
students,
as provided for in Article 9 (commencing
with Section 76140) of Chapter 1 of Part 27. To the greatest extent
possible, districts shall minimize the costs of administration.
(2) The chancellor may establish a fee limit subsequent to the
first annual review conducted pursuant to paragraph (2) of
subdivision (c).
(3) It is the intent of the Legislature that surplus seats in
extension courses that are not filled by students participating in
the extension program be made available to all community college
students at a cost no higher than the amount of the fee prescribed
by Section 76300.
(4) Notwithstanding this subdivision, fees for nonresident
students participating in an extension program may be established
in conformance with Article 9 (commencing with Section 76140)
of Chapter I of Part 27.
(i) Each campus maintaining an extension program under this
section shall ensure that state and federal financial aid is available
to eligible students who participate in the program. Students
receiving financial aid for this program shall receive the same
priority for enrollment as students not receiving financial aid.
(j) To maximize student access, a district governing board
maintaining an extension program under this section shall develop
policies through which fees shall be waived in full or in part,
consistent with subdivisions (d) and (h). It is the intent of this
section to maximize student access to extension courses for credit,
regardless of student enrollment type or student income level, as
a result of the use offinancial aid and enrollment fee waivers.
(k) Degree credit courses offered as extension courses shall
meet all the requirements, standards, and criteria for courses in
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subdivision (a) of Section 55002 of Title 5 of the California Code
of Regulations, including, but not limited to, all criteria and
procedures as prepared, distributed, and maintained by the
chancellor.
(l) (1) Each community college district maintaining an extension
program offering eredit eourses under this section shall collect and
keep records that measure student participation, student
demographics, and student outcomes in a manner consistent with
measures collected by districts in regular credit programs supported
through state apportionment, including an analysis of program
effects, if any, on district workload and district financial status.
Districts shall submit this information to the ..h..neellor's o ffie_
chancellor by October 1 of each year. For districts operating more
than one college, the evaluation shall be for each participating
college.
(2) Each community college district maintaining an extension
program under this section shall submit a schedule of course fees
to the chancellor by October 1 of each year.
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(3) The chancellor shall submit all district information provided
pursuant to paragraphs (1) and (2) to the Legislative
Analyst by November 1 of each year. By January 1, 2015, the
Legislative Analyst shall submit to the Legislature a written report
on the pilot program that includes a summary of the information
provided pursuant to paragraphs (1) and (2), an
assessment of the extent to which community college extension
programs are operated in a manner consistent with legislative
intent, and suggestions to the Legislature for needed statutory
improvements.
0)
(m) The requirement for submitting a report imposed under
paragraph) (3) of subdivision -H (l) is inoperative ons
1, 2019 July 1, 2016, pursuant to Section 10231.5 of the
Government Code.
(n) A report submitted pursuant to subdivision-fh) (l) shall be
submitted in compliance with Section 9795 of the Government
Code.
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— 7 — AB 515
4 (o) This section shall become inoperative on July 1, 2016, and,
5 as of January 1, 2017, is repealed, unless a later enacted statute,
6 that becomes operative on or before January 1, 2017, deletes or
7 extends the dates on which it becomes inoperative and is repealed.
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