Community colleges: county probation departments: instructional service agreements., the official text

An act to add Article 6.5 (commencing with Section 78078) to Chapter 1 of Part 48 of Division 7 of Title 3 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state and authorizes them to operate campuses and provide instruction.
Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district, a county office of education, or the governing body of a charter school for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, as provided. Existing law authorizes the office of the Chancellor of the California Community Colleges to establish the Rising Scholars Network to enter into agreements with community colleges to provide additional funds for services in support of postsecondary education for justice-involved students, as defined.
This bill, the Juvenile Justice Education Access and Equity Act, would authorize a home community college district, as defined, or a college that is part of the home community college district, to enter into an instructional services agreement with a county probation department to provide academic or career technical education courses at a juvenile justice facility operated by the county probation department. The bill would authorize a community college district outside of the home community college district, or a college that is part of that district outside of the home district, to enter into an instructional services agreement with a county probation department if the home community college district has declined or failed to take action on a request by the county probation department to either (1) enter into an instructional services agreement or (2) approve the community college district outside of the home community college district, or a college that is part of that district outside of the home district, to enter into an instructional services agreement. The bill would prohibit the home community college district and colleges that are part of that district from prohibiting, blocking, or otherwise interfering with the ability of the community college outside of the home community college district, or a college that is part of that district outside of the home district, to provide instruction at the juvenile justice facility, as provided.

The people of the State of California do enact as follows:

SECTION 1.
Article 6.5 (commencing with Section 78078) is added to Chapter 1 of Part 48 of Division 7 of Title 3 of the Education Code, to read:
6.5.
Juvenile Justice Education Access and Equity Act78078.
This article shall be known, and may be cited, as the Juvenile Justice Education Access and Equity Act.

78079.
(a) For purposes of this article, the following definitions apply:
(1) “Home community college district” means the community college district assigned to serve the service area in which the juvenile justice facility is located.
(2) “Instructional services agreement” means an agreement to provide academic or career technical education courses to a juvenile justice facility.
(3) “Juvenile justice facility” means a juvenile hall, youth correctional center, or camp operated by a county probation department.
(b) A home community college district, or a college that is part of the home community college district, may enter into an instructional services agreement with a county probation department.
(c) A county probation department and a community college district outside of the home community college district, or a college that is part of the community college district outside of the home community college district, may enter into an instructional services agreement if the home community college district has declined a request from the county probation department, or has failed to take action within 60 calendar days of a request by the county probation department, to either:
(1) Enter into an instructional services agreement to provide the requested instructional services, courses, or programs.
(2) Approve the community college district outside of the home community college district, or a college that is part of the community college district outside of the home community college district, to enter into an instructional services agreement to provide those instructional services, courses, or programs.
(d) Upon occurrence of the conditions described in subdivision (c), the home community college district or a college that is part of the home community college district shall not prohibit, block, or otherwise interfere with the ability of the community college district outside of the home community college district, or a college that is part of that community college district outside of the home community college district, to provide instruction at the juvenile justice facility.
(e) This article shall not be interpreted to:
(1) Prevent the home community college district, or a college that is part of the community college district, from continuing to offer its own courses.
(2) Grant exclusive instructional rights to a community college district outside of the home community college district or a college that is part of that community college district outside of the home community college district.
(3) Eliminate requirements to comply with applicable instructional services agreement, apportionment, academic, or reporting requirements.
(f) This article shall only be interpreted to expand access to postsecondary education for justice-involved youth when existing delivery mechanisms fail to meet documented needs. This article shall not be construed to restructure community college governance, modify community college district service areas, or alter statewide apportionment policy.