Existing law authorizes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs.

This bill would authorize the Superintendent of Public Instruction to certify, by name, each any regional occupational center or program, county office of education, or adult education program, that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, as specified.

Existing law authorizes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs.

Existing law authorizes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs.

This bill would make legislative findings regarding education for adult students, and would state the Legislatures support for adult students access to career training resources, including student financial aid.

ASSEMBLY THIRD READING

ATR Bill Id:AB 907

Author:(Burke)

As Amended Ver:April 30, 2015

2/3 vote. Urgency

SUMMARY: Authorizes the Superintendent of Public Instruction (SPI) to certify specified career training programs for the purpose of participating in specified federal student financial assistance programs. Specifically, this bill:

1. Makes findings and declarations regarding the value of career training for adults and the need for the bill.

2. Authorizes the SPI to certify, by name, any regional occupational center or program (ROC/P), county office of education (COE), or adult education program, that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, including an education program that leads to a degree or certificate, for purposes of the center, program, or office participating in any student financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended.

3. Requires an ROC/P, COE, or adult education program applying for certification to comply with both of the following:

   1. Satisfy all applicable eligibility requirements specified in federal rulemaking; and

   2. Apply in writing to the SPI as an individual ROC/P, COE, or adult education program.

4. Authorizes any person to file a complaint under the Uniform Complaint Procedures (UCPs) regarding an alleged violation by a local agency of federal or state law governing adult education programs or ROC/Ps, including allegations of unlawful discrimination, harassment, intimidation, or bullying, and requires the SPI to adopt regulations to implement this authorization.

FISCAL EFFECT: According to the Assembly Appropriations Committee, ongoing General Fund administrative costs in the range of $60,000 to $100,000 for the California Department of Education (CDE) to certify eligibility for federal student financial assistance. CDE may also incur additional costs to the extent there is an increase in UCP compliant filings. For example, in 2013, after AB 1575 authorized the UCP process for pupil fee complaints, claims spiked from zero to 121 in nine months. CDE received two positions to assist with this increased workload.

COMMENTS: Title IV of the federal Higher Education Act of 1965 provides financial aid for adult learners in post-secondary programs, including programs that provide job or career training for needy adults. In California these programs have been provided by K-12 adult education programs, ROC/Ps, and COEs. If the programs meet necessary federal requirements, then the student they enroll are entitled to federal financial aid that covers all costs.

Recent revisions to federal regulations require a state agency that has oversight over the entities providing to the training to certify each provider in order for their adult students to be eligible for federal financial aid. In California no state agency has the statutory authority to provide the federally-required certification.

This bill authorizes the SPI to provide the needed certification. According to the author's office, this meets the requirements of the revised federal regulations and will prevent the loss of federal financial aid to thousands of adult students in California.

The revised federal regulations also require that a state-level complaint process be available for any federal financial aid recipients. The existing UCP already is available to students enrolled in K-12 adult education programs and ROC/Ps, but not in COE programs. This bill extends the UCP to financial aid recipients enrolled in COE programs.

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0000621

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 907

Author:(Burke) – As Amended Ver:April 30, 2015

Urgency: Yes State Mandated Local Program: No Reimbursable: Yes

SUMMARY:

This bill authorizes the Superintendent of Public Instruction (SPI) to certify, by name, any regional occupational center or program (ROC/P), county office of education (COE), or adult education program, that provides career training, as specified, for purposes of participating in federal student financial assistance program. Specifically, this bill:

1. Requires an ROC/P, a COE or an adult education program applying for certification to comply with both of the following:

1. Satisfy all applicable eligibility requirements specified in federal rulemaking; and

2. Apply in writing to the SPI as an individual ROC/P, COE, or adult education program.

1. Authorizes any person to file a complaint under the Uniform Complaint Procedures (UCPs) regarding an alleged violation by a local agency of federal or state law governing adult education programs or ROC/Ps, including allegations of unlawful discrimination, harassment, intimidation, or bullying, and requires the SPI to adopt regulations to implement this authorization.

FISCAL EFFECT:

1. Ongoing General Fund administrative costs in the range of $60,000 to $100,000 for the California Department of Education (CDE) to certify eligibility for federal student financial assistance. CDE may also incur additional costs to the extent there is an increase in UCP complaint filings. For example, in 2013, after AB 1575 authorized the UCP process for pupil fee complaints, claims spiked from zero to 121 in nine months. CDE received two positions to assist with this increased workload.

2. Expanding the existing UCP process to include complaints from financial aid recipients could expand the number of reimbursable claims associated with this state mandate. In 2013, the Commission on State Mandates (CSM) determined the UCP to be a reimbursable state mandate with an estimated annual cost of $34,751. The following year, the Legislature added the UCP to the K-14 Education Mandate Block Grant. If the CSM determines the requirements of this bill impose a higher level of service, this could place pressure on the Legislature to increase funding under the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose Title IV of the federal Higher Education Act of 1965 provides financial aid for adult learners in post-secondary programs, including programs that provide job or career training for needy adults. In California these programs have been provided by K-12 adult education programs, ROC/Ps, and COEs. If the programs meet necessary federal requirements, then the student they enroll are entitled to federal financial aid that covers all costs.

Recent revisions to federal regulations require a state agency that has oversight over the entities providing the training to certify each provider in order for their adult students to be eligible for federal financial aid. In California no state agency has the statutory authority to provide the federally-required certification.

This bill authorizes the SPI to provide the needed certification. According to the author's office, this meets the requirements of the revised federal regulations.

The revised federal regulations also require that a state-level complaint process be available for any federal financial aid recipients. This bill utilizes the existing UCP process to meet this requirement.

2. Related Legislation:

1. AB 379 (Gordon), pending in this committee, establishes an expedited UCP process requiring action within five days for complaints alleging violations of certain educational rights afforded to students in foster care and students who are homeless.

2. AB 304 (Garcia), pending in this committee, establishes an expedited UCP process, requiring action within five days with regard to lactation accommodations for students.

3. AB 1391 (Gomez), pending in this committee, authorizes complaints regarding local education agency (LEA) noncompliance with the physical education instructional minute requirement to be filed under the Uniform Complaint Procedures (UCP) process

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 28, 2015

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 907

Author:(Burke) – As Amended Ver:March 26, 2015

[Note: This bill is doubled referred. On April 8, 2015, this bill was heard and approved by a vote of 7-0 in the Assembly Committee on Education.]

SUBJECT: Career training: adult students

SUMMARY: Authorizes the Superintendent of Public Instruction (SPI) to provide "state authorization" and a complaint process for adult education programs; this authority is necessary for adult education programs to meet eligibility requirements in order to continue to participate in federal student financial aid. Specifically, this bill:

1. Establishes the following findings and declarations:

1. Career training for adults is an important part of workforce and economic development in California;

2. Many of California’s neediest adult students require financial aid to support their career training;

3. Historically, those adult students have had access to federal financial aid under Title IV of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.);

4. Recent revisions in federal regulations governing Title IV of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) have eliminated the eligibility for financial aid for adult students in many of California’s career training programs operated by local educational agencies, even though adults in those programs have been historically eligible.

5. The Legislature supports:

1. Adult students’ access to career training programs that will improve or expand their job skills and employability.

2. Adult students’ access to federal financial aid that may be used for career training programs and services.

3. Providers of career training programs for adult students, as those providers work to satisfy federal requirements necessary to establish federal financial aid eligibility for those adult students.

2. Authorizes the SPI to certify, by name, any regional occupational center or program, county office of education, or adult education program, that provides a program of training to prepare adult students for gainful employment in a recognized occupation or that leads to a degree or certificate, for purposes of participation in student financial assistance authorized by Title IV of the Higher Education Act of 1965, as amended.

3. Requires a regional occupational center or program, county office of education, or adult education program applying for certification to comply with both of the following:

1. Satisfy all applicable eligibility requirements specified in federal rulemaking pursuant to Sections 600.6, 600.7, and 600.9 of Title 34 of the Code of Federal Regulations; and,

2. Apply in writing to the Superintendent, as an individual center, program, or office, to be considered for certification.

4. Provides that any person may file a complaint under the Uniform Complaint Procedures, as set forth in Title 5 of the California Code of Regulations, regarding an alleged violation by a local agency of federal or state law or regulations governing adult education programs or regional occupational centers and programs, including allegations of unlawful discrimination, harassment, intimidation, or bullying.

5. Requires the SPI to adopt regulations that authorize any person to file a complaint under the Uniform Complaint Procedures, as set forth in Title 5 of the California Code of Regulations, regarding an alleged violation by a county office of education of federal or state law or regulations governing that county office’s participation in any student financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended, including allegations of unlawful discrimination, harassment, intimidation, or bullying.

EXISTING LAW: Title IV of the Federal Higher Education Act of 1965, as amended, establishes the federal student aid program, administered by the United States Department of Education (USDE) to provide grants, loans and work-study funds from the federal government to eligible students enrolled in eligible colleges or career schools. 

FISCAL EFFECT: Unknown.

COMMENTS: Background. On October 29, 2010, the United States Department of Education (USDE) issued regulations to improve the integrity of programs authorized to receive federal student financial aid funding under Title IV of the Higher Education Act of 1965, as amended. Among numerous other requirements, largely directed at for-profit and career colleges, the regulations required institutions to be (1) "authorized" by the state in which they operate, and (2) to ensure a state-level student complaint process. Initially slated to take effect by July 1, 2013, concerns over the lack of state-level processes for institutions to address compliance, implementation of these regulations has been delayed until July 1, 2015.

In California, the University of California (UC), the California State University (CSU), and the California Community Colleges (CCC) appear to meet the Title IV requirements through the "state authorization" provided through their explicit recognition in statute and the oversight/complaint process established by their segmental offices (UC Office of the President, CSU Chancellor, and CCC Chancellor). Private postsecondary educational institutions can meet the Title IV rules through regulation and oversight provided by the Bureau for Private Postsecondary Education, under a voluntary pathway established in the 2013-14 Budget Act.

Purpose of this bill. According to the author, following the passage of the federal program integrity regulations, three states across the country (California, Texas and Florida) found that their state agency providing oversight of K-12 entities offering career training for needy adults did not have the statutory authority to properly "state authorize" these providers. This bill seeks to establish a process, through the SPI, to allow numerous K-12 county offices of education, adult education programs, and regional occupational centers and programs, which have historically provided career training to needy students over the age of 18, to continue eligibility for students to receive federal financial aid under Title IV of the Higher Education Act.

Corrective amendments suggested. Committee staff recommends correcting the following findings and declarations to appropriately reflect federal law and its requirements:

(c) Historically, those adult students have had access to federal financial aid under Title IV of the federal Elementary and Secondary Higher Education Act of 1965, as amended, (U.S.C. Sec. 6301 et seq.).

(d) Recent revisions in federal regulations to improve integrity of the programs authorized under governing Title IV of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) Higher Education Act (34 CFR 600.9) have eliminated the established new institutional eligibility requirements for financial aid for adult students in many of California’s career training programs operated by local educational agencies, even though adults in those programs have been historically eligible.

Urgency statute. As previously noted, the federal deadline for meeting state authorization requirements is July 1, 2015. In order to ensure these programs do not lose Title IV financial aid program eligibility, the author is proposing to add an urgency statute to this bill.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California School Administrators

Baldy View Regional Occupational Program

Butte County Regional Occupational Program

California Federation of Teachers

California Manufacturers and Technology Association

Colton Redlands Yucaipa Regional Occupational Program

Compton Unified School District

East San Gabriel Valley Regional Occupational Program

Los Angeles County Office of Education

Metropolitan Education District

North Orange County Regional Occupational Program

Riverside County Superintendent of Schools

San Joaquin County Office of Education

Southern California Regional Occupational Center

Opposition

None on File

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 907

Author:(Burke) – As Amended Ver:March 26, 2015

[Note: This bill is doubled referred to the Assembly Committee on Higher Education and will be heard as it relates to issues under its jurisdiction.]

SUBJECT: Career training: adult students

SUMMARY: Authorizes the Superintendent of Public Instruction (SPI) to certify specified career training programs for the purpose of participating in specified federal student financial assistance programs. Specifically, this bill:

1. Makes findings and declarations regarding the value of career training for adults and the need for the bill.

2. Authorizes the SPI to certify, by name, any regional occupational center or program (ROC/P), county office of education (COE), or adult education program, that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, including an education program that leads to a degree or certificate, for purposes of the center, program, or office participating in any student financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended.

3. Requires an ROC/P, COE, or adult education program applying for certification to comply with both of the following:

   1. Satisfy all applicable eligibility requirements specified in federal rulemaking; and

   2. Apply in writing to the SPI as an individual ROC/P, COE, or adult education program.

4. Authorizes any person to file a complaint under the Uniform Complaint Procedures (UCPs) regarding an alleged violation by a local agency of federal or state law governing adult education programs or ROC/Ps, including allegations of unlawful discrimination, harassment, intimidation, or bullying, and requires the SPI to adopt regulations to implement this authorization.

FISCAL EFFECT: Unknown

COMMENTS: Title IV of the federal Higher Education Act of 1965 provides financial aid for adult learners in post-secondary programs, including programs that provide job or career training for needy adults. In California these programs have been provided by K-12 adult education programs, ROC/Ps, and COEs. If the programs meet necessary federal requirements, then the student they enroll are entitled to federal financial aid that covers all costs.

Recent revisions to federal regulations require a state agency that has oversight over the entities providing to the training to certify each provider in order for their adult students to be eligible for federal financial aid. In California no state agency has the statutory authority to provide the federally-required certification.

This bill authorizes the SPI to provide the needed certification. According to the author's office, this meets the requirements of the revised federal regulations.

The revised federal regulations also require that a state-level complaint process be available for any federal financial aid recipients. The existing UCP already is available to students enrolled in K-12 adult education programs and ROC/Ps, but not in COE programs. This bill extends the UCP to financial aid recipients enrolled in COE programs.

Arguments in support. Supporters argue that this bill is needed to prevent the loss of federal financial aid to thousands of adult students in California. Without this aid, which comes exclusively from federal funds, students may be forced to drop out of job and career training programs that have been effective in preparing needy adults for employment.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California School Administrators

Baldy View Regional Occupational Program

Butte County Regional Occupational Program

California Association of Regional Occupational Centers and Programs

California Federation of Teachers

California Manufacturers & Technology Association

Colton Redlands Yucaipa Regional Occupational Program

East San Gabriel Valley Regional Occupational Program

La Puente Valley Regional Occupational Program

Los Angeles County Office of Education

Riverside County Superintendent of Schools

San Joaquin County Office of Education

Southern California Regional Occupational Center

Opposition

None received

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087