87 AGENDA ITEM BACKGROUND TO: GOVERNING BOARD DATE FROM: PRESIDENT SUBJECT: March 5, 2012 2011-12 Categorical Flexibility REASON FOR BOARD CONSIDERATION ENCLOSURE(S) ITEM NUMBER ACTION Page 1 of 2 C.9 BACKGROUND: The education trailer bill for the 2009-10 Budget Act; AB X2 (Education Code section 84043) provides for categorical flexibility for Districts for the categorical programs listed below: Program Equal Employment Economic Development Apprenticeship Part Time Faculty Office Hours Part Time Faculty Compensation Part Time Faculty Health Insurance Transfer/Articulation Matriculation Financial Aid Administration Student Success CalWORKS Basic Skills Nursing Support Disabled Students Extended Opportunity Programs and Services EOPS/CARE Telecommunications Scheduled Maintenance Instructional Equipment Career Technical Education Transfer From X X X X X X X X Transfer To X X X X X X X X X X X X X X X X X X X FISCAL IMPACT: Part Time Faculty Compensation revenue will be reduced by $1,000, Matriculation revenue will be increased by $1,000. RECOMMENDATION: It is recommended that the Governing Board take testimony from the public, discuss and approve the proposed transfer of funds. Administrator Initiating Item: Graciano Mendoza/ Victoria Lewis Academic and Professional Matter If yes, Faculty Senate Agreement Senate President Signature Yes No Yes No Final Disposition Approved 88 Under the flexibility provision, Districts are allowed to redirect funds from any categorical program listed in the left or “From” column above to any program included in the “To” column on the right side of the table. Categorical programs under flexibility rules lock in 2008-09 District allocation levels, less the 2009-10 reductions, through 2012-13. Community colleges that elect to use funding in the manner authorized under the flexibility provision are deemed to be in compliance with the program state and local funding requirements contained in the statutory, regulatory and provisional language associated with the programs. It should be noted that the state cannot waive federal compliance requirements. The District is required to transfer at least $1 from one of the flexible programs in the left column to a program in the right column to trigger flexibility for all programs in the left column. Districts have the flexibility to continue to process transfers between programs through 2015-16 upon approval by the Governing Board. The District will continue to evaluate categorical program flexibility options to best meet the needs of the college. The trailer bill was written to provide colleges with an opportunity to review their priorities given the significant budget reductions sustained in both the unrestricted general fund and categorical programs. If a college elects to trigger the flexibility provision, the Governing Board of the District shall, at a regularly scheduled open public hearing, take testimony from the public, discuss and approve or disapprove the proposed use of funding. The District does not plan to make significant changes to the original categorical allocations received from the state for 2011-12. The District is seeking approval to trigger categorical flexibility to gain relief from statutory, regulatory and compliance requirements for these programs for 2011-12. The transfer listed below is sufficient to trigger flexibility per Education Code section 84043. Account Number Income 8000 8000 Description Program Funds Matriculation PT Faculty Office Hours 2 of 2 Increase/Decrease $1,000 ($1,000)