Any state agency, including but not limited to school districts, and any community organization organized pursuant to the Economic Opportunity Act of 1964 (P.L. 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may enter into contracts with private business, trade and technical schools to provide training and retraining programs when such private business, trade and technical schools have facilities available to provide such training and retraining. The attendance of pupils in courses of a private school pursuant to a contract authorized by this section shall not be counted for reporting to the Department of Education for the purpose of receiving apportionments from the State School Fund unless such contract also meets the requirements of Section 8092.
Article 5Career Technical Education Contracts
Section § 8090
This law allows state agencies, like school districts, and community organizations to make contracts with private schools to run job training programs. However, if students from these private institutions are included to count for state funding purposes, the contract must follow specific rules in another section called 8092.
state agency contracts school districts community organizations Economic Opportunity Act training programs retraining programs private business schools trade schools technical schools Department of Education State School Fund funding apportionments Section 8092 federal training programs student attendance reporting
Section § 8091
This law states that state agencies, like local schools or community colleges, can use funds from any source—federal, state, local, or private—to offer training programs through private business or technical schools.
Any state agency, including but not limited to local school districts, community college districts and any community organization organized pursuant to the Economic Opportunity Act of 1964 (Public Law 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may use any federal, state, local, or private funds to provide training or retraining programs operated by private business, trade and technical schools.
state agencies local school districts community college districts Economic Opportunity Act training programs retraining programs federal funds state funds local funds private funds private business schools trade schools technical schools community organizations training authorization
Section § 8092
This section allows school districts, county superintendents, and certain other public agencies to partner with private postsecondary schools or special centers to offer career technical training. These private schools must have been operational for at least two years before the contract. The agreement must ensure that it doesn't charge public students more than the lowest of either the public or private cost. The classes taught must conform to California's Career Technical Education standards. Additionally, students in these programs remain enrolled with the public entities, which retain control over the instruction. Finally, the financial records of such partnerships can be audited to ensure proper use of public funds.
(a)CA Education Code § 8092(a) A school district or districts, a county superintendent or superintendents, or the governing body of any agency maintaining a regional occupational center or program may contract with a private postsecondary school that is authorized or approved pursuant to Chapter 3 (commencing with Section 94300) of Part 59 and that has been in operation not less than two full calendar years prior to the effective date of the contract, to provide career technical skill training authorized by this code. A school district, community college district, or county superintendent of schools may contract with an activity center, work activity center, or sheltered workshop to provide career technical skill training authorized by this code in an adult education program for adults with disabilities operated pursuant to subdivision (a) of Section 41976.
(b)CA Education Code § 8092(b) A contract between a public entity and a private postsecondary school entered into pursuant to this section, or an activity center, work activity center, or sheltered workshop, shall do all of the following:
(1)CA Education Code § 8092(b)(1) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the public schools or the tuition the private postsecondary school charges its private students, whichever is lower.
(2)CA Education Code § 8092(b)(2) Provide that the public school receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the public entity for the purposes of apportionments from the State School Fund.
(3)CA Education Code § 8092(b)(3) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Career Technical Education, or is a course of study for adult schools approved by the department under Section 51056.
(c)CA Education Code § 8092(c) The students who attend a private postsecondary school or an activity center, work activity center, or sheltered workshop pursuant to a contract under this section shall be enrollees of the public entity and the career technical instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting public entity.
(d)CA Education Code § 8092(d) The Department of Finance and the State Department of Education may audit the accounts of both the public entity and the private party involved in these contracts to the extent necessary to ensure the integrity of the public funds involved.
career technical skill training private postsecondary school contract with public entities adult education program students with disabilities tuition restrictions public funds auditing California State Plan for Career Technical Education enrollment control educational partnership operational requirements course standards financial integrity audits public-private educational collaboration adult schools course approval
Section § 8092.5
This law lets community college districts in California partner with nearby colleges or universities in bordering states to offer career technical training for their students. The contracts for these partnerships need to follow specific guidelines, including the requirements from another section of the law and align with the spirit of a specific chapter related to education programs. This rule has been in effect since January 1, 1997.
(a)CA Education Code § 8092.5(a) A community college district may contract with a public or private postsecondary educational institution in a neighboring state that borders on the district boundary to provide career technical skill training for district students authorized by this code. The contracts shall meet the requirements of Section 8092 and shall meet the general intent of Chapter 7 (commencing with Section 94700) of Part 59.
(b)CA Education Code § 8092.5(b) This section shall become operative on January 1, 1997.
community college interstate educational contracts career technical training neighboring state colleges postsecondary institutions district boundary training programs Chapter 7 compliance Section 8092 requirements educational partnership agreements cross-border education California community colleges career skill development collaborative educational contracts operative date January 1 1997
Section § 8093
This section says that certain rules about building requirements don't apply to private schools offering career training. These schools must partner with public schools and meet specific conditions: the building can't be owned or used by the public school, can only be used for agreed-upon training, and can't be renovated by the public school if it costs more than $10,000.
The provisions of Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 of Division 3 of Title 2, or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of Division 7 of Title 3 shall not apply to any building which is used by a private postsecondary school for purposes of providing career technical skill training for pupils pursuant to a contract under Section 8092 entered into by a public school entity and a private educational institution; provided that all of the following requirements are met:
(a)CA Education Code § 8093(a) The building is not owned, leased, rented, or being purchased by, nor situated on property owned or being purchased by, a public school entity.
(b)CA Education Code § 8093(b) The only public school purpose for which that building is used is pursuant to a contract entered into pursuant to Section 8092.
(c)CA Education Code § 8093(c) The building is not reconstructed, altered, or added to by a public school entity at a cost exceeding ten thousand dollars ($10,000).
private postsecondary school career technical skill training public school contract building exception Section 8092 property ownership training purpose reconstruction limit ten thousand dollar limit alteration cost public-private partnership building use restrictions educational institution contract postsecondary training public school entity
