AB 1491: Adult education: consortia: carryover of allocated funds.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-25
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.
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.
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 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 the 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, 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.
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 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 provide requirements and procedures to be followed when a member of an adult education consortium, or the consortium itself, has a carryover, as defined, of funds from the immediately preceding fiscal year. The bill, on and after July 1, 2023, with certain exceptions, would generally prohibit a member of an adult education consortium and the consortium itself from carrying over more than 20% of its allocation from the immediately prior fiscal year. The bill would authorize the consortium to reduce the annual allocation for a member if the consortium finds that the member has unspent funds remaining from the immediately prior fiscal year. The bill would require a consortium member to certify its expenditures for the immediately prior fiscal year on or before September 1, and for the consortium itself to do the same on or before September 30.This bill would authorize the 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, 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.
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 approve a distribution schedule for apportionment to members of the consortium.
This bill would provide requirements and procedures to be followed when a member of an adult education consortium, or the consortium itself, has a carryover, as defined, of funds from the immediately preceding fiscal year. The bill, on and after July 1, 2022, 2023, with certain exceptions, would generally prohibit a member of an adult education consortium and the consortium itself from carrying over more than 15% 20% of its allocation from the immediately prior fiscal year. The bill would authorize the consortium to reduce the annual allocation for a member if the consortium finds that the member has unspent funds remaining from the immediately prior fiscal year. The bill would require a consortium member to certify its expenditures for the immediately prior fiscal year on or before September 1, and for the consortium itself to do the same on or before September 30.
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 approve a distribution schedule for apportionment to members of the consortium.
This bill would provide requirements and procedures to be followed when a member of an adult education consortium, or the consortium itself, has a carryover, as defined, of funds from the immediately preceding fiscal year. The bill, on and after July 1, 2022, with certain exceptions, would generally prohibit a member of an adult education consortium and the consortium itself from carrying over more than 15% of its allocation from the immediately prior fiscal year. The bill would authorize the consortium to reduce the annual allocation for a member if the consortium finds that the member has unspent funds remaining from the immediately prior fiscal year. The bill would require a consortium member to certify its expenditures for the immediately prior fiscal year on or before September 1, and for the consortium itself to do the same on or before October 31. September 30.
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 approve a distribution schedule for apportionment to members of the consortium.
This bill would provide requirements and procedures to be followed when a member of an adult education consortium, or the consortium itself, has a carryover, as defined, of funds from the immediately preceding fiscal year. The bill, on and after July 1, 2022, with certain exceptions, would generally prohibit a member of an adult education consortium and the consortium itself from carrying over more than 15% of its allocation from the immediately prior fiscal year. The bill would authorize the consortium to reduce the annual allocation for a member if the consortium finds that the member has unspent funds remaining from the immediately prior fiscal year. The bill would require a consortium member to certify its expenditures for the immediately prior fiscal year on or before September 1, and for the consortium itself to do the same on or before October 31.
Existing law states the intent of the Legislature that public higher education strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or certain specified characteristics, a reasonable opportunity to develop fully their potential.This bill would make a nonsubstantive change to that statement of legislative intent.Existing law states the intent of the Legislature that public higher education strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or certain specified characteristics, a reasonable opportunity to develop fully their potential.
This bill would make a nonsubstantive change to that statement of legislative intent.
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.
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.
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, 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, 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.
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 annual amount of unspent adult education program funds from the prior fiscal years year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the current 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 plan, including having excessive carryover for at least two consecutive fiscal years, and reasonable interventions have not resulted in improvements.
(2)(A)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:
(i)(A)The member no longer wishes to provide services consistent with the adult education plan.
(ii)(B)The member cannot provide services that address the needs identified in the adult education plan.
(iii)(C)The member has been ineffective in providing services that address the needs identified in the adult education plan plan, including having excessive carryover for at least two consecutive fiscal years, and reasonable interventions have not resulted in improvements.
(iv)The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal years allocation that was previously agreed to by the members of the consortium.(B)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, both of the following shall apply:(i)A member of that consortium shall not maintain a carryover of more than 20 percent for more than two fiscal years.(ii)On or after July 1, 2023, the members of that consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 20 percent in the immediately prior fiscal year, and, in such an instance, each member of the consortium shall have one vote.(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.
SEC. 3.Section 84914.5 is added to the Education Code, to read:84914.5.(a)On or before September 1 of each fiscal year, a member of a consortium shall certify its expenditures for the immediately prior fiscal year.(b)On and after July 1, 2023, and except as provided in subdivision (b) of Section 84914, all of the following shall apply:(1)No more than 20 percent of a members annual allocation may be carried over into the next fiscal year by a member of a consortium unless a written plan for expenditure aligned with the adult education plan is approved by the members of the consortium by October 31 of that fiscal year in accordance with the consortiums governance process.(2)In any fiscal year, a members plan to exceed 20 percent carryover from the immediately prior fiscal year shall be submitted to the consortium on or before September 30. The plan shall become effective only upon its approval by the consortium.(3)(A)In any fiscal year, a member with a carryover exceeding 20 percent from the immediately prior fiscal year without a plan approved pursuant to this subdivision shall be deemed ineffective, and its allocation shall be reduced in the next fiscal year by the amount equal to the amount over 20 percent for reallocation to other members of the consortium for one year.(B)In any fiscal year during which a state or local emergency declaration is made, a member whose carryover exceeds 20 percent shall be provided an additional year following the end of the emergency declaration to comply with its plan for expenditure. During the state of emergency, a member who has carryover in excess of 20 percent shall not be deemed ineffective or have its funding reallocated to other members of the consortium pursuant to subparagraph (A).(c)(1)On or before September 30 of each fiscal year, a consortium shall certify its expenditures for the immediately prior fiscal year.(2)On and after July 1, 2023, both of the following shall apply: (A)No more than 20 percent of the consortiums annual allocation may be carried over to the next fiscal year.(B)A consortium that carries over more than 20 percent of its annual allocation shall be required to submit a corrective action plan to the program. For each year that the consortium carries over more than 20 percent of its annual allocation, the program 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. The program shall ensure that the consortium funding remains dedicated to that consortiums region.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 annual amount of unspent adult education program funds from prior fiscal years expressed as a percentage of the current 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 and reasonable interventions have not resulted in improvements.
(2)(A)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:
(i)The member no longer wishes to provide services consistent with the adult education plan.
(ii)The member cannot provide services that address the needs identified in the adult education plan.
(iii)The member has been ineffective in providing services that address the needs identified in the adult education plan and reasonable interventions have not resulted in improvements.
(iv)The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal years allocation that was previously agreed to by the members of the consortium.
(B)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, both of the following shall apply:
(i)A member of that consortium shall not maintain a carryover of more than 15 20 percent for more than two fiscal years.
(ii)On or after July 1, 2022, 2023, the members of that consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 15 20 percent in the immediately prior fiscal year, and and, in such an instance, each member of the consortium shall have one vote.
(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.
SEC. 3.Section 84914.5 is added to the Education Code, to read:84914.5.(a)On or before September 1 of each fiscal year, a member of a consortium shall certify its expenditures for the immediately prior fiscal year.
(b)On and after July 1, 2022, 2023, and except as provided in subdivision (b) of Section 84914, all of the following shall apply:
(1)No more than 15 20 percent of a members annual allocation may be carried over into the next fiscal year by a member of a consortium unless a written plan for expenditure aligned with the adult education plan is approved by the members of the consortium by October 31 of that fiscal year in accordance with the consortiums governance process.
(2)In any fiscal year, a members plan to exceed 15 20 percent carryover from the immediately prior fiscal year shall be submitted to the consortium on or before September 30. The plan shall become effective only upon its approval by the consortium.
(3)(A)In any fiscal year, a member with a carryover exceeding 15 20 percent from the immediately prior fiscal year without a plan approved pursuant to this subdivision shall be deemed ineffective, and its allocation shall be reduced in the next fiscal year by the amount equal to the amount over 15 20 percent for reallocation to other members of the consortium. consortium for one year.
(B)In any fiscal year during which a state or local emergency declaration is made, a member whose carryover exceeds 20 percent shall be provided an additional year following the end of the emergency declaration to comply with its plan for expenditure. During the state of emergency, a member who has carryover in excess of 20 percent shall not be deemed ineffective or have its funding reallocated to other members of the consortium pursuant to subparagraph (A).
(c)(1)On or before September 30 of each fiscal year, a consortium shall certify its expenditures for the immediately prior fiscal year.
(2)On and after July 1, 2022, 2023, both of the following shall apply:
(A)No more than 15 20 percent of the consortiums annual allocation may be carried over to the next fiscal year.
(B)A consortium that carries over more than 15 20 percent of its annual allocation shall have its allocation reduced in the next fiscal year by the amount equal to the amount over 15 percent that the consortium carried over in the immediately prior fiscal year. be required to submit a corrective action plan to the program. For each year that the consortium carries over more than 20 percent of its annual allocation, the program 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. The program shall ensure that the consortium funding remains dedicated to that consortiums region.
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 annual amount of unspent adult education program funds from prior fiscal years expressed as a percentage of the current 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 and reasonable interventions have not resulted in improvements.
(D)The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal years allocation that was previously agreed to by the members of the consortium.(2)A member shall not maintain a carryover of more than 15 percent for more than two fiscal years.(3)On or after July 1, 2022, the members of the consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 15 percent in the immediately prior fiscal year, and in such an instance, each member of the consortium shall have one vote.(4)(2)(A)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)(i)The member no longer wishes to provide services consistent with the adult education plan.
(B)(ii)The member cannot provide services that address the needs identified in the adult education plan.
(C)(iii)The member has been ineffective in providing services that address the needs identified in the adult education plan and reasonable interventions have not resulted in improvements.
(iv)The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal years allocation that was previously agreed to by the members of the consortium.
(B)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, both of the following shall apply:
(i)A member of that consortium shall not maintain a carryover of more than 15 percent for more than two fiscal years.
(ii)On or after July 1, 2022, the members of that consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 15 percent in the immediately prior fiscal year, and in such an instance, each member of the consortium shall have one vote.
(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.
SEC. 3.Section 84914.5 is added to the Education Code, to read:84914.5.(a)On or before September 1 of each fiscal year, a member of a consortium shall certify its expenditures for the immediately prior fiscal year.
(b)On and after July 1, 2022, and except as provided in subdivision (b) of Section 84914, all of the following shall apply:
(1)No more than 15 percent of a members annual allocation may be carried over into the next fiscal year by a member of a consortium unless a written plan for expenditure aligned with the adult education plan is approved by the members of the consortium by October 31 of that fiscal year in accordance with the consortiums governance process.
(2)In any fiscal year, a members plan to exceed 15 percent carryover from the immediately prior fiscal year shall be submitted to the consortium on or before September 30. The plan shall become effective only upon its approval by the consortium.
(3)In any fiscal year, a member with a carryover exceeding 15 percent without a plan approved pursuant to this subdivision shall be deemed ineffective, and its allocation shall be reduced in the next fiscal year by the amount equal to the amount over 15 percent for reallocation to other members of the consortium.
(c)(1)On or before October 31 September 30 of each fiscal year, a consortium shall certify its expenditures for the immediately prior fiscal year.
(2)On and after July 1, 2022, both of the following shall apply:
(A)No more than 15 percent of the consortiums annual allocation may be carried over to the next fiscal year.
(B)A consortium that carries over more than 15 percent of its annual allocation shall have its allocation reduced in the next fiscal year by the amount equal to the amount over 15 percent that the consortium carried over in the immediately prior fiscal year.
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 annual amount of unspent adult education program funds from prior fiscal years expressed as a percentage of the current fiscal years allocation.
(b)(c)Consortium means an adult education consortium approved pursuant to this article.
(c)(d)Executive director means the executive director of the State Board of Education.
(d)(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 and reasonable interventions have not resulted in improvements.
(D)The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal years allocation that was previously agreed to by the members of the consortium.
(2)A member shall not maintain a carryover of more than 15 percent for more than two fiscal years.
(3)On or after July 1, 2022, the members of the consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 15 percent in the immediately prior fiscal year, and in such an instance, each member of the consortium shall have one vote.
(2)(4)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 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 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.
SEC. 3.Section 84914.5 is added to the Education Code, to read:84914.5.(a)On or before September 1 of each fiscal year, a member of a consortium shall certify its expenditures for the immediately prior fiscal year.
(b)On and after July 1, 2022, and except as provided in subdivision (b) of Section 84914, all of the following shall apply:
(1)No more than 15 percent of a members annual allocation may be carried over into the next fiscal year by a member of a consortium unless a written plan for expenditure aligned with the adult education plan is approved by the members of the consortium by October 31 of that fiscal year in accordance with the consortiums governance process.
(2)In any fiscal year, a members plan to exceed 15 percent carryover from the immediately prior fiscal year shall be submitted to the consortium on or before September 30. The plan shall become effective only upon its approval by the consortium.
(3)In any fiscal year, a member with a carryover exceeding 15 percent without a plan approved pursuant to this subdivision shall be deemed ineffective, and its allocation shall be reduced in the next fiscal year by the amount equal to the amount over 15 percent for reallocation to other members of the consortium.
(c)(1)On or before October 31 of each fiscal year, a consortium shall certify its expenditures for the immediately prior fiscal year.
(2)On and after July 1, 2022, both of the following shall apply:
(A)No more than 15 percent of the consortiums annual allocation may be carried over to the next fiscal year.
(B)A consortium that carries over more than 15 percent of its annual allocation shall have its allocation reduced in the next fiscal year by the amount equal to the amount over 15 percent that the consortium carried over in the immediately prior fiscal year.
SECTION 1.Section 66030 of the Education Code is amended to read:66030.(a)It is the intent of the Legislature that public higher education in California strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or the characteristics listed in Section 66270, a reasonable opportunity to develop fully their potential.(b)It is the responsibility of the governing boards of institutions of higher education to ensure and maintain multicultural learning environments free from all forms of discrimination and harassment, in accordance with state and federal law.(a)It is the intent of the Legislature that public higher education in California strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or the characteristics listed in Section 66270, a reasonable opportunity to develop fully his or her their potential.
(b)It is the responsibility of the governing boards of institutions of higher education to ensure and maintain multicultural learning environments free from all forms of discrimination and harassment, in accordance with state and federal law.
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Date
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Status
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|---|---|
| Sep 25, 2022 | Chaptered by Secretary of State - Chapter 519, Statutes of 2022. |
| Sep 25, 2022 | Approved by the Governor. |
| Aug 31, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 24, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 24, 2022 | Assembly Rule 77(a) suspended. |
| Aug 23, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 4984.). |
| Aug 22, 2022 | Ordered to special consent calendar. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 2, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 1, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 1). |
| May 18, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 4, 2022 | Referred to Com. on ED. |
| Jan 14, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 14, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 0. Page 3308.) |
| Jan 10, 2022 | From inactive file. |
| Jan 6, 2022 | Notice of intention to remove from inactive file given by Assembly Member McCarty. |
| Jun 2, 2021 | Ordered to inactive file at the request of Assembly Member McCarty. |
| May 13, 2021 | Read second time. Ordered to third reading. |
| May 12, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 12). |
| Apr 28, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 28). Re-referred to Com. on APPR. |
| Apr 12, 2021 | From committee: Do pass and re-refer to Com. on ED. (Ayes 11. Noes 0.) (April 8). Re-referred to Com. on ED. |
| Apr 5, 2021 | Re-referred to Com. on HIGHER ED. |
| Mar 30, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 26, 2021 | Re-referred to Com. on HIGHER ED. |
| Mar 25, 2021 | Referred to Coms. on HIGHER ED. and ED. |
| Feb 22, 2021 | Read first time. |
| Feb 20, 2021 | From printer. May be heard in committee March 22. |
| Feb 19, 2021 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2022 | AB 1491 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2022 | Special Consent AB1491 | Senate Floor |
Passed |
|
| Jan 14, 2022 | AB 1491 McCarty Assembly Third Reading | Assembly Floor |
Passed |
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