State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 84750.5-84810.5

EDUCATION CODE
SECTION 84750.5-84810.5



84750.5.  (a) The board of governors, in accordance with the
statewide requirements contained in paragraphs (1) to (11),
inclusive, of subdivision (d), and in consultation with institutional
representatives of the California Community Colleges and statewide
faculty and staff organizations, so as to ensure their participation
in the development and review of policy proposals, shall develop
criteria and standards for the purposes of making the annual budget
request for the California Community Colleges to the Governor and the
Legislature, and for the purpose of allocating the state general
apportionment revenues.
   (b) In developing the criteria and standards, the board of
governors shall utilize and strongly consider the recommendations and
work product of the "System Office Recommendations Based on the
Report of the Work Group on Community College Finance" that was
adopted by the board at its meeting of March 7, 2005. The board shall
complete the development of these criteria and standards,
accompanied by the necessary procedures, processes, and formulas for
utilizing its criteria and standards, by March 1, 2007, and shall
submit on or before that date a report on these items to the
Legislature and the Governor.
   (c) (1) It is the intent of the Legislature in enacting this
section to improve the equity and predictability of general
apportionment and growth funding for community college districts in
order that the districts may more readily plan and implement
instruction and related programs, more readily serve students
according to the policies of the state's master plan for higher
education, and enhance the quality of instruction and related
services for students.
   (2) It is the intent of the Legislature to determine the amounts
to be appropriated for the purposes of this section through the
annual Budget Act. Nothing in this section shall be construed as
limiting the authority either of the Governor to propose, or the
Legislature to approve, appropriations for California Community
Colleges programs or purposes.
   (d) The board of governors shall develop the criteria and
standards within the following statewide minimum requirements:
   (1) The calculations of each community college district's revenue
level for each fiscal year shall be based on the level of general
apportionment revenues (state and local) the district received for
the prior year plus any amount attributed to a deficit from the
adopted standards to be developed pursuant to this section, with
revenue adjustments being made for increases or decreases in full
time equivalent students (FTES), for equalization of funding per
credit FTES, for necessary alignment of funding per FTES between
credit and noncredit programs, for inflation, and for other purposes
authorized by law.
   (2) Commencing with the 2006-07 fiscal year, the funding mechanism
developed pursuant to this section shall recognize the need for
community college districts to receive an annual allocation based on
the number of colleges and comprehensive centers in the district. In
addition to this basic allocation, the marginal amount of credit
revenue allocated per FTES shall be funded at a rate not less than
four thousand three hundred sixty-seven dollars ($4,367), as adjusted
for the change in the cost-of-living in subsequent annual budget
acts.
   (A) To the extent that the Budget Act of 2006 contains an
appropriation of one hundred fifty-nine million four hundred
thirty-eight thousand dollars ($159,438,000) for community college
equalization, the Legislature finds and declares that community
college equalization for credit FTES has been effectively
accomplished as of March 31, 2007.
   (B) The chancellor shall develop criteria for the allocation of
one-time grants for those districts that would have qualified for
more equalization under prior law than pursuant to this section and
the Budget Act of 2006, and for those districts that would have
qualified for more funding under a proposed rural college access
grant than pursuant to this section and the Budget Act of 2006, as
determined by the chancellor. Appropriations for the one-time grants
shall be provided pursuant to paragraph (24) of subdivision (a) of
Section 43 of Chapter 79 of the Statutes of 2006.
   (3) Noncredit instruction shall be funded at a uniform rate of two
thousand six hundred twenty-six dollars ($2,626) per FTES, as
adjusted for the change in the cost-of-living provided in subsequent
annual budget acts.
   (4) Funding for instruction in career development and college
preparation, as authorized pursuant to Section 84760.5, shall be
provided as follows:
   (A) Beginning in the 2006-07 fiscal year, career development and
college preparation FTES may be funded at a rate of three thousand
ninety-two dollars ($3,092) per FTES for courses in programs that
conform to the requirements of Section 84760.5. This rate shall be
adjusted for the change in the cost-of-living or as otherwise
provided in subsequent annual budget acts.
   (B) Changes in career development and college preparation FTES
shall result in adjustments to revenues as follows:
   (i) Increases in career development and college preparation FTES
shall result in an increase in revenues in the year of the increase
and at the average rate per career development and college
preparation FTES, including any cost-of-living adjustment authorized
by statute or by the annual Budget Act.
   (ii) Decreases in career development and college preparation FTES
shall result in a revenue reduction in the year following the
decrease and at the average rate per career development and college
preparation FTES.
   (5) Except as otherwise provided by statute, current categorical
programs providing direct services to students, including extended
opportunity programs and services, and disabled students programs and
services, shall continue to be funded separately through the annual
Budget Act, and shall not be assumed under the budget formula
otherwise specified by this section.
   (6) For credit and noncredit instruction, changes in FTES shall
result in adjustments in district revenues as follows:
   (A) Increases in FTES shall result in an increase in revenues in
the year of the increase and at the amount per FTES provided for in
paragraph (2) or (3), as appropriate, including any cost-of-living
adjustment authorized by statute or by the annual Budget Act.
   (B) Decreases in FTES shall result in revenue reductions beginning
in the year following the initial year of decrease in FTES, and at
the district's marginal funding per FTES.
   (C) Districts shall be entitled to the restoration of any
reductions in apportionment revenue due to decreases in FTES during
the three years following the initial year of decrease in FTES if
there is a subsequent increase in FTES.
   (7) Revenue adjustments shall be made to reflect cost changes,
using the same inflation adjustment as required for school districts
pursuant to subdivision (b) of Section 42238.1. These revenue
adjustments shall be made to the college and center basic
allocations, credit and noncredit FTES funding rates, and career
development and college preparation FTES funding rates.
   (8) The statewide requested increase in budgeted workload FTES
shall be based, at a minimum, on the sum of the following
computations:
   (A) Determination of an equally weighted average of the rate of
change in the California population of persons between the ages of 19
and 24 and the rate of change in the California population of
persons between the ages of 25 and 65, both as determined by the
Department of Finance's Demographic Research Unit as determined for
the preceding fiscal year.
   (B) To the extent the California unemployment rate exceeds 5
percent for the most recently completed fiscal year, that positive
difference shall be added to the rate computed in subparagraph (A).
In no event shall that positive difference exceed 2 percent.
   (C) The chancellor may also add to the amounts calculated pursuant
to subparagraphs (A) and (B) the number of FTES in the areas of
transfer, vocational education, and basic skills that were unfunded
in the current fiscal year. For this purpose, the following
computation shall be determined for each district, and a statewide
total shall be calculated:
   (i) Establish the base level of FTES earned in the prior fiscal
year for transfer courses consisting of courses meeting the
California State University breadth or Intersegmental General
Education Transfer Curriculum requirements or major course
prerequisites accepted by the University of California or the
California State University.
   (ii) Establish the base level of FTES earned in the prior fiscal
year for vocational education courses consisting of courses defined
by the chancellor's office Student Accountability Model codes A and B
that are consistent with the courses used for measuring success in
this program area under the accountability system established
pursuant to Section 84754.5.
   (iii) Establish the base level of FTES in the prior fiscal year
for basic skills courses, both credit and noncredit.
   (iv) Add the sum of FTES for clauses (i) to (iii), inclusive.
   (v) Multiply the result of the calculation made under clause (iv)
by one plus the district's funded growth rate in the current fiscal
year. This figure shall represent the maintenance of effort level for
the budget year.
   (vi) FTES in transfer, vocational education, and basic skills that
are in excess of the total calculated pursuant to clause (v), shall
be considered in excess of the maintenance of effort level, and shall
be eligible for overcap growth funding if the district exceeds its
overall funded FTES.
   (vii) In no event shall the amount calculated pursuant to clause
(vi) exceed the total unfunded FTES for that fiscal year. To the
extent the computation specified in subdivision (c) requires the
reporting of additional data by community college districts, that
reporting shall be a condition of the receipt of apportionment for
growth pursuant to this section and those funds shall be available to
offset any and all costs of providing the data.
   (9) Except as provided in subparagraph (B) of paragraph (6), for
the 2006-07 fiscal year or for the first fiscal year for which this
section is implemented by the board of governors, whichever is later,
all districts shall receive at least the amount of revenue received
for the prior fiscal year, adjusted for the cost-of-living adjustment
specified in subdivision (b) of Section 42238.1 and adjusted for the
actual increase in FTES not to exceed the district's funded growth
cap. Thereafter, allocations shall be made pursuant to this section,
as implemented by the board of governors pursuant to the annual
Budget Act.
   (10) Except as specifically provided in statute, regulations of
the board of governors for determining and allocating the state
general apportionment to the community college districts shall not
require district governing boards to expend the allocated revenues in
specified categories of operation or according to the workload
measures developed by the board of governors.
   (e) This section shall become operative on October 1, 2006.



84751.  In calculating each community college district's revenue
level for each fiscal year pursuant to subdivision (a) of Section
84750, the board of governors shall subtract, from the total revenues
owed, all of the following:
   (a) The local property tax revenue specified by law for general
operating support, exclusive of bond interest and redemption.
   (b) Ninety-eight percent of the fee revenues collected pursuant to
Section 76300.
   (c) Timber yield tax revenues received pursuant to Section 38905.1
of the Revenue and Taxation Code.
   (d) Any amounts received pursuant to Section 33492.15, 33607.5, or
33607.7 of the Health and Safety Code, and Section 33676 of the
Health and Safety Code as amended by Section 2 of Chapter 1368 of the
Statutes of 1990, that are considered to be from property tax
revenues pursuant to those sections for the purposes of community
college revenue levels, except those amounts that are allocated
exclusively for educational facilities.



84751.5.  Notwithstanding any other provision of law or regulation,
if local revenues, consisting of the proceeds of property taxes and
student fees, for community colleges exceed the estimates included in
the annual Budget Act for these revenue sources, an equivalent
amount of general purpose funds appropriated for local assistance to
the Board of Governors of the California Community Colleges in
Schedule (a) of Item 6870-101-0001, or a successor item appropriating
funds for local assistance to the board of governors, of Section
2.00 of that Budget Act shall only be allocated to community college
districts for one-time purposes. These allocations shall be based on
the statewide ratio of actual FTES served for the preceding fiscal
year. This amount shall be reduced from the apportionment base of
districts in subsequent years.



84752.  (a) No community college district shall receive full-time
equivalent student (FTES) funding for activities that are fully
funded through another source. The Board of Governors of the
California Community Colleges shall adopt regulations to implement
this subdivision.
   (b) The State Auditor shall report to the Legislature by January
1, 2000, on the status of community college district compliance with
this section. In preparing this report, the State Auditor shall use
the audit methodology used in the Bureau of State Audits Report No.
96103.


84753.  Notwithstanding any other provision of law, for the purposes
of this article, the revenue level, or full-time equivalent student
(FTES) funding for the South Orange County Community College District
for the 1996-97 fiscal year, and future fiscal years, shall not
include any amounts that should have been allocated to the Saddleback
Community College District in the 1994-95 fiscal year but that were
not received by the district until the 1996-97 fiscal year, and
future fiscal years, due to the bankruptcy proceedings initiated on
December 6, 1994, by the County of Orange by its filing of a
voluntary Chapter 9 petition in United States Bankruptcy Court, Case
No. SA 94-22273-JR. These amounts shall not be included in the
revenue limit, or FTES, computations for the 1996-97 fiscal year, and
future fiscal years, but these amounts shall be treated as being
received by the Saddleback Community College District in the 1994-95
fiscal year or the 1995-96 fiscal year, or both.
   In 1997, the Saddleback Community College District changed its
name to the South Orange County Community College District. For the
purposes of this section, the "Saddleback Community College District"
means the South Orange County Community College District, and the
"South Orange County Community College District" means the Saddleback
Community College District.


84754.5.  Pursuant to provisions of Chapter 581 of the Statutes of
2004, the board of governors provided the Governor and the
Legislature recommendations regarding the design of a workable
structure for the annual evaluation of district-level performance in
meeting statewide educational outcome priorities. The Legislature
recognizes that these recommendations were based on a study process
that included input from institutional representatives of community
college districts, nationally regarded experts in community college
accountability, the Department of Finance, the Office of the
Legislative Analyst, community college organizations, and other
interested parties. In enacting this section the Legislature hereby
establishes a program for the annual reporting and evaluation of
district-level performance in achieving priority educational outcomes
consistent with the intent of Chapter 581 of the Statutes of 2004.
The program includes the following components:
   (a) As a condition of receiving specified funds in the annual
Budget Act to encourage district-level accountability efforts,
community college districts shall provide data, in a format and
according to a schedule to be specified by the Office of the
Chancellor of the California Community Colleges, for the purpose of
the annual report to the Legislature specified in subdivision (b) and
for purposes of providing the means for both internal and external
assessment of the district's educational offerings in meeting the
high-priority educational goals of the state. The chancellor shall
withhold, delay, or reduce funds specified in the annual Budget Act
to encourage district-level accountability efforts from a district
that fails to provide needed data by specified deadlines. If a
district's failure to report by specified deadlines results in the
omission of required data from, or inclusion of erroneous data in,
the annual report required by subdivision (b), the chancellor shall
reduce that district's funding as specified in regulations for the
implementation of this section.
   (b) With data available through its management information system
and other data provided pursuant to subdivision (a), and utilizing
resources provided for this purpose in the annual Budget Act, the
chancellor shall prepare an annual report to the Legislature, the
Governor, the Department of Finance, and the Office of the
Legislative Analyst evaluating the achievement of educational
outcomes for each community college district and, as warranted, each
college. This report shall be provided to the Legislature annually on
or before March 31, beginning in 2007. Preliminary data reported
from the districts shall be provided to the Department of Finance and
the Office of the Legislative Analyst by January 31 of each year,
beginning in 2007. For each district, and college as warranted, the
report shall: (1) include performance data for the immediately
preceding fiscal year, reflecting all measures specified in
subdivision (c); (2) compare each district's and college's
achievement with peer groups within the system as applicable to
specific metrics; and (3) compare each district's and college's
achievements with that of the system as a whole. The report shall
further include a profile with summary background information on each
district's or college's educational programs, missions, students,
and service area demographics.
   (c) (1) The report shall include, but not be limited to, district
or college-level performance on outcome measures in the following
categories:
   (A) Student progress and achievement: degrees, certificates, and
transfers.
   (B) Student progress and achievement: vocational, occupational,
and workforce development.
   (C) Pre-collegiate improvement, including basic skills and
English-as-a-second language.
   (2) The specific measures to be included in the report shall
reflect the April 2005 board of governors recommendations as refined
and amended in consultation with the Department of Finance and the
Office of the Legislative Analyst, and shall be periodically
reviewed, in consultation with the Department of Finance and the
Office of the Legislative Analyst, and, if necessary, modified by the
chancellor. It is the intent of the Legislature that specific
performance metrics and annual reporting requirements may be
specified in annual Budget Acts, if warranted, by changes in state
needs, legislative priorities, or the availability of data.
   (d) As a condition of receiving specified funds in the annual
Budget Act, each community college district board of trustees shall
annually review and adopt its contribution to the segmentwide annual
report as part of a regularly scheduled and noticed public meeting at
which public comment shall be invited.
   (e) The board of governors shall adopt regulations that it deems
necessary to carry out this section no sooner than 30 days after
notification in writing by the chancellor to the Director of Finance
and the Chairperson of the Joint Legislative Budget Committee.



84755.  (a) The Legislature finds and declares that program-based
funding, once implemented, will more adequately and accountably fund
the costs of providing quality community college education. Given
that program-based funding will not be implemented until fiscal year
1991-92, given that community colleges will be entering a period of
major reform and incurrence of new state mandates commencing in
January 1989, and given that community colleges will be entering this
period of reform having lost purchasing power since the 1977-78
fiscal year, the Legislature recognizes the need to create a
transitional funding mechanism for program improvement and mandate
funding that can operate until program-based funding is implemented.
   (b) For the purpose of improving the quality of community college
educational programs and services, for the purpose of reimbursing
state-mandated local program costs imposed by this act, and for the
purposes of initially implementing specified reforms, the board of
governors shall, from amounts appropriated for purposes of this
section, allocate program improvement revenues to each district on
the basis of an amount per unit of average daily attendance funded in
the prior fiscal year. However, this amount shall be increased or
decreased to provide for equalization in a manner determined by the
Board of Governors, consistent with Sections 84703 to 84705,
inclusive.
   Each community college district shall use its allocation to
initially reimburse state-mandated local program costs, and then to
implement specified reforms and make authorized program and service
improvements as follows:
   (1) Developing articulated programs provided for in Section 69 of
Chapter 973 of the Statutes of 1988 with school districts and
campuses of the University of California and California State
University.
   (2) Applying minimum qualifications to all newly hired faculty and
administrators, including candidates for these positions as required
by Section 87356.
   (3) Developing and administering a process for waiver of minimum
qualifications as required by Section 87359.
   (4) Establishing and applying local hiring criteria as required by
Section 87360.
   (5) Establishing and applying faculty service areas and competency
criteria as required by Sections 87743 to 87743.5, inclusive.
   (6) Evaluating temporary employees, instituting peer review
evaluation, and widely distributing evaluation procedures as required
by Section 87663.
   (7) Establishing and applying new processes for tenure evaluation
required by Section 87610.1.
   (8) Establishing and applying the tenure denial grievance
procedure required by Section 87610.1.
   (9) Establishing and applying a process for moving administrators
into faculty positions as required by Sections 87454 to 87458,
inclusive.
   (10) Publishing and distributing a report on the affirmative
action success rate as required by Section 87102.
   (11) Improving instruction by reducing the ratio of full-time
equivalent students to full-time equivalent instructors.
   (12) Improving instruction by increasing the hiring of full-time
instructors and limiting the practice of hiring part-time
instructors.
   (13) Augmenting budgets for college libraries and learning
resources.
   (14) Augmenting budgets for plant maintenance and operations.
   (15) Adding new courses or programs to serve community need.
   (16) Making progress towards affirmative action goals and
timetables established by the district.
   (17) Developing and maintaining programs and services authorized
by Section 78212.5.
   (18) Augmenting budgets for student services in the areas of
greatest need.
   (19) Providing for release time for faculty and staff as deemed
appropriate by the governing board of each community college
district, to enable faculty and staff participation in implementing
reforms.
   (20) Developing and administering a program that provides for
reassignment of up to 20 percent of the time of individual tenured
faculty member's teaching assignments, as determined by the governing
board of each community college district, to counsel and assist
newly hired faculty acquire teaching and classroom management skills.
A governing board shall approve reassignment time for no more than 5
percent of the district's full-time equivalent tenured faculty in
any one fiscal year.
   (c) Except as provided by Section 87482.6, and except as necessary
to reimburse the costs of new state mandates, district governing
boards shall have full authority to expend program improvement
allocations for any or all of the authorized purposes specified in
subdivision (b).
   (d) As required by the board of governors, the governing board of
each community college district shall submit to the board of
governors a plan for using the resources allocated pursuant to this
section. The board of governors shall review each plan to ensure that
proposed expenditures are consistent with the listing of authorized
expenditures provided in this section, and the board of governors
shall approve all plans to the full extent that expenditures are
authorized by this section. To the extent that a community college
district expends its program improvement allocation consistent with
its plan, the board of governors shall include the district's
allocation as part of the district's base budget for subsequent
years.
   (e) The board of governors, through the annual systemwide budget
submitted pursuant to paragraph (5) of subdivision (b) of Section
70901, shall request necessary resources for the purposes of this
section. It is the intent of the Legislature that the appropriation
and allocation of program improvement money not otherwise provided
pursuant to subdivision (b) shall be accomplished through the annual
state budget process beginning with the 1989-90 fiscal year. After
June 30, 1991, if Section 84750 is implemented, it is the intent of
the Legislature to fund the ongoing operations of community college
districts pursuant to Section 84750.



84756.  It is the intent of the Legislature that community college
districts with noncredit programs recognize the importance of
noncredit programs and that they will continue to support these
offerings.
   It is also the intent of the Legislature that community college
districts with noncredit programs consider the need for both credit
and noncredit allocations in allocating future growth pursuant to
board of governors regulations.



84757.  (a) For purposes of this chapter, the following noncredit
courses and classes shall be eligible for funding:
   (1) Parenting, including parent cooperative preschools, classes in
child growth and development and parent-child relationships.
   (2) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.
   (3) English as a second language.
   (4) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work force
preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.
   (5) Education programs for persons with substantial disabilities.
   (6) Short-term vocational programs with high employment potential.
   (7) Education programs for older adults.
   (8) Education programs for home economics.
   (9) Health and safety education.
   (b) No state apportionment shall be made for any course or class
that is not set forth in subdivision (a) and for which no credit is
given.



84758.  Not later than May 15 of each year, the Department of
Finance shall notify the Legislature and the Chancellor's Office of
the California Community Colleges of the amount of revenue estimated
to be available to community college districts during the next fiscal
year from local property taxes, exclusive of bond interest and
redemption, and timber taxes received. Not later than March 15 of
each year, the chancellor's office shall certify to the Department of
Finance the amount of revenue available from these tax sources for
the current fiscal year. The Department of Finance shall subtract the
total amount of available revenue certified by the chancellor's
office from the total amount of available revenue estimated by the
department the preceding May. The Department of Finance shall notify
the Legislature of the resulting difference and shall advise the
Legislature as to whether the difference represents a net surplus or
a net deficit in the funds appropriated to meet the requirements of
Section 84750.


84759.  (a) As used in this section, the following terms mean:
   (1) "CalWORKs recipient" means a recipient of aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or any successor program.
   (2) "Direct excess costs" means the fixed, variable, and one-time
costs associated with providing noncredit instructional services to
CalWORKs recipients, as determined by the chancellor's office.
   (b) Notwithstanding any other provision of law, a community
college district, to the extent funding is made available in the
annual Budget Act, shall receive funding for noncredit instruction
developed for and targeted to CalWORKs recipients, including funding
to offset the direct excess cost of providing noncredit instruction
to CalWORKs recipients when the cost of providing a specific course
offering exceeds the average cost of noncredit instruction.



84760.5.  (a) For purposes of this chapter, the following career
development and college preparation courses and classes for which no
credit is given, and that are offered in a sequence of courses
leading to a certificate of completion, that lead to improved
employability or job placement opportunities, or to a certificate of
competency in a recognized career field by articulating with
college-level coursework, completion of an associate of arts degree,
or for transfer to a four-year degree program, shall be eligible for
funding subject to subdivision (b):
   (1) Classes and courses in elementary and secondary basic skills.
   (2) Classes and courses for students, eligible for educational
services in workforce preparation classes, in the basic skills of
speaking, listening, reading, writing, mathematics, decisionmaking,
and problem solving skills that are necessary to participate in
job-specific technical training.
   (3) Short-term vocational programs with high-employment potential,
as determined by the chancellor in consultation with the Employment
Development Department utilizing job demand data provided by that
department.
   (4) Classes and courses in English as a second language and
vocational English as a second language.
   (b) The board of governors shall adopt criteria and standards for
the identification of career development and college preparation
courses and the eligibility of these courses for funding, including
the definition of courses eligible for funding pursuant to
subdivision (a). The criteria and standards shall be based on
recommendations from the chancellor, the statewide academic senate,
and the statewide association of chief instructional officers. The
career and college preparation courses to be identified for this
higher rate of funding should include suitable courses that meet one
or more of the qualifications described in subdivision (a).
   (c) A district that offers courses described in subdivision (a),
but that is not eligible for funding under subdivision (b), shall be
eligible for funding under Section 84757.
   (d) The chancellor, in consultation with the Department of Finance
and the Office of the Legislative Analyst, shall develop specific
outcome measures for career development and college preparation
courses for incorporation into the annual report required by
subdivision (b) of Section 84754.5.
   (e) The chancellor shall prepare and submit to the Department of
Finance and the Legislature, on or before July 1 of each year, a
report that details, at a minimum, the following:
   (1) The amount of FTES claimed by each community college district
for career development and college preparation courses and classes.
   (2) The specific certificate programs and course titles of career
development and college preparation courses and classes receiving
additional funding pursuant to this section, as well as the number of
those courses and classes receiving additional funding.



84810.5.  (a) Notwithstanding open course provisions in statute or
regulations of the board of governors, the governing board of a
community college district that provides classes for inmates of any
city, county, or city and county jail, road camp, farm for adults, or
federal correctional facility may include the units of full-time
equivalent student (FTES) generated in those classes for purposes of
state apportionment. The attendance hours generated by credit or
noncredit shall be added and counted for apportionment purposes as
noncredit attendance hours.
   (b) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall be
considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations of
the board of governors. When computing apportionments for districts
that provided inmate education programs in the 1994-95 fiscal year,
the student workload measures generated and revenues received for
that year shall be added to their noncredit base revenue and
noncredit base workload measures for the following year.