SECTIONS 8090-8093 - California Statutes

EDUCATION CODE

SECTION 8090-8093

8090. 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.

8091. 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.

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) 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) 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) 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) 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) 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) 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.

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) This section shall become operative on January 1, 1997.

8093. 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) 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) The only public school purpose for which that building is used
is pursuant to a contract entered into pursuant to Section 8092.
(c) The building is not reconstructed, altered, or added to by a
public school entity at a cost exceeding ten thousand dollars
($10,000).