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AB-1451 Public schools: concurrent enrollment in secondary school and community college. (2013-2014)

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Amended  IN  Senate  June 25, 2014
Amended  IN  Senate  June 11, 2014
Amended  IN  Assembly  May 23, 2014
Amended  IN  Assembly  May 07, 2014
Amended  IN  Assembly  April 10, 2014
Amended  IN  Assembly  March 25, 2014
Amended  IN  Assembly  March 06, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 1451


Introduced by Assembly Member Holden
(Principal coauthors: Assembly Members Fong, Fox, Hagman, Linder, Logue, Medina, Nestande, Olsen, Quirk-Silva, Rodriguez, Ting, Waldron, and Wilk)
(Principal coauthors: Senators Cannella and Vidak)

January 08, 2014


An act to amend Sections 48800 and 76001 of, and to add Sections48803 and 76004 to, and to add and repeal Sections 48803 and 76004 of, the Education Code, relating to public schools.


LEGISLATIVE COUNSEL'S DIGEST


AB 1451, as amended, Holden. Public schools: concurrent enrollment in secondary school and community college.
Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law, until January 1, 2014, required credit to be awarded to these pupils, as specified, made the authority of a school principal to recommend a pupil for community college summer session contingent upon a determination that the pupil met various criteria, and prohibited the principal from recommending more than 5% of the total number of pupils from any particular grade level who completed that grade immediately before the time of recommendation for summer session attendance, except as specified.
This bill would reinstate these provisions until January 1, 2017, and would add a specified exception to the 5% limitation 2017. The bill would, until July 1, 2020, authorize the governing board of a school district to enter into a concurrent enrollment partnership agreement with a community college district located within its immediate service area to allow pupils to attend community college. The bill would require a community college district and a school district, as a condition of, and before adopting, a concurrent enrollment partnership agreement, to take testimony from the public and approve or disapprove the proposed agreement at a regularly scheduled open public hearing of its respective governing board after having presented the agreement at a prior open public hearing. The bill would require the concurrent enrollment partnership agreement to outline the terms of the partnership, as specified. The bill would prohibit a school district from receiving a state allowance or apportionment for an instructional activity for which a community college district has been, or will be, paid an allowance or apportionment under a concurrent enrollment partnership agreement. The bill would authorize a participating high school to monitor the progress of its pupils attending a community college and to obtain the pupils’ records from a community college district to do so. The bill would require, for each concurrent enrollment partnership agreement entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges.
The bill would also authorize the governing board of a community college district to enter into a partnership with the governing board of a school district located within its service area with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer. The bill would require the partnership agreement to outline the terms of the partnership, as specified, and would require copies of the partnership agreement to be filed with the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The bill would authorize a community college district to limit enrollment in a community college course to solely high school pupils under specified circumstances. The bill would authorize specified high school pupils to enroll in up to 15 units if those units are required for these pupils’ partnership programs and specified circumstances are satisfied, and would authorize a community college district to exempt special part-time and full-time students taking up to a maximum of 15 units per term from specified fee requirements. The bill would prohibit a community college district from receiving a state allowance or apportionment for an instructional activity for which a school district has been, or will be, paid an allowance or apportionment under a concurrent enrollment partnership agreement. The bill would require, for each partnership agreement entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges.
The bill would also make related and conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Campuses of the California Community Colleges are located throughout California and provide an educational resource for all communities.
(b) Existing law allows certain high school pupils to take classes at community colleges. These pupils are defined in statute as special-admits and the programs in which they participate are known as concurrent or dual enrollment programs. The main target of these programs is advanced education and the work completed in them is primarily defined as college-level work.
(c) Existing law imposes strict limits on concurrent enrollment programs. No more than 5 percent of the pupils in any particular high school grade level may enroll in a community college during summer sessions. In addition, the types of classes pupils may take pursuant to these programs are generally limited to advanced education classes.
(d) Existing law includes statutory reforms and restrictions to prevent abuses regarding this type of enrollment.
(e) The current restrictions on concurrent enrollment inhibit the ability of school districts and their pupils to make maximum use of community college facilities and opportunities. By reducing some of the restrictions on concurrent enrollment it will be possible to expand concurrent enrollment opportunities for pupils, including pupils working to improve their college readiness and career technical skills.
(f) Allowing a greater and more varied segment of high school pupils to take community college courses could provide benefits to pupils and to the state in numerous ways, such as reducing the number of high school dropouts, increasing the number of community college students who transfer and complete a degree, shortening the time to completion of educational goals, and improving the level of preparation of pupils in the area of career technical education.
(g) Exposure to college classes and the college experience while in high school improves college participation rates.
(h) Concurrent enrollment saves money for both the state and the pupils and provides for more effective use of facilities.

SEC. 2.

 Section 48800 of the Education Code is amended to read:

48800.
 (a) The governing board of a school district may determine which pupils would benefit from concurrent enrollment in a community college, subject to approval of admission by the community college district in accordance with applicable statutes and regulations of the Board of Governors of the California Community Colleges. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate experience. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, or his or her designee, or pursuant to a concurrent enrollment partnership agreement in accordance with Section 48803, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level.
(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board of the school district shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) A pupil may receive community college and high school credit for community college courses that he or she completes, as determined to be appropriate by the governing boards of the school district and community college district, and in accordance with other state and federal laws.
(d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria:
(A) Demonstrates adequate preparation in the discipline to be studied.
(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation.
(3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled meets one of the criteria listed in subparagraphs (A) to (D) (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for the purposes of paragraph (4).
(A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University.
(B) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence.
(C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements:
(i) The pupil is in his or her senior year of high school.
(ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school.

(D)The course is necessary to address the deficiencies in English language arts or mathematics of a pupil who has not demonstrated college-readiness on an Early Assessment Program assessment or a successor common core-aligned assessment.

(4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002.
(5) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with this subdivision shall not be waived.
(e) Paragraphs (3) and (4) of subdivision (d) shall become inoperative on January 1, 2017.

SEC. 3.

 Section 48803 is added to the Education Code, to read:

48803.
 (a) (1) The governing board of a school district may enter into a concurrent enrollment partnership agreement with the governing board of a community college district located within its immediate service area, with the goal of developing a seamless pathway from high school to community college for career-technical education or preparation for transfer.
(2) A participating school district may adopt a concurrent enrollment partnership agreement with a community college district partner that is approved by the governing boards of both districts. As a condition of, and before adopting, a concurrent enrollment partnership agreement, a community college district and a school district, at a regularly scheduled open public hearing of their respective governing boards, shall take testimony from the public and approve or disapprove the proposed concurrent enrollment partnership agreement. the governing board of each district, at an open public meeting of that board, shall present the concurrent enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take testimony from the public and shall approve or disapprove the agreement.
(3) (A) The concurrent enrollment partnership agreement shall outline the terms of the partnership, and may shall include, but shall not necessarily not be limited to, the scope, nature, and schedule of courses offered, and the criteria to assess the ability of pupils to benefit from those courses. The concurrent enrollment partnership agreement may establish protocols for information sharing, joint facilities use, and parental consent for pupils.
(B) The concurrent enrollment partnership agreement shall identify a point of contact for the participating school district and community college district.
(C) The concurrent enrollment partnership agreement shall certify include a certification by the participating community college district that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense, as defined in Section 87010, or any controlled substance offense, as defined in Section 87011.
(D) Copies of the concurrent enrollment partnership agreement shall be filed with the Superintendent and the Chancellor of the California Community Colleges before the start of a program or course authorized by this article.
(E) No high school course that satisfies the requirements of an a-g course shall be supplanted by an equivalent community college course offered through the concurrent enrollment partnership agreement.
(F) No high school course listed on the school district’s master schedule shall be supplanted by an equivalent community college course offered through the concurrent enrollment partnership agreement.
(G) A community college district shall include in the concurrent enrollment partnership agreement a self-certification that participation in the concurrent enrollment partnership program is in compliance with the core mission of community colleges pursuant to Section 66010.4 and that pupils participating in the concurrent enrollment partnership program will not lead to enrollment displacement of otherwise eligible adults in the community college.
(4) A community college district shall not provide physical education course opportunities to secondary school pupils pursuant to this section.
(5) A pupil may receive community college and high school credit for community college courses that he or she completes, as determined to be appropriate by the governing boards of the school district and the community college district, and in accordance with other state and federal laws.
(6) A pupil shall not be assessed any fees prohibited by Section 49011 for community college courses that he or she completes through a concurrent enrollment partnership agreement.
(b) A participating school district shall not receive a state allowance or apportionment for an instructional activity for which a community college district has been, or shall be, paid an allowance or apportionment.
(c) A participating high school may monitor the progress of its pupils attending a community college under this section, and may obtain the pupils’ records from the community college district to do so.
(d) (1) For each concurrent enrollment partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the Office of the Chancellor of the California Community Colleges all of the following information:
(A) The total number of secondary school pupils enrolled in each program, classified by the school district.
(B) The total number of successful course completions of secondary school pupils enrolled in each program, classified by the school district.
(C) The total number of successful course completions of students in courses equivalent to those courses tracked under subparagraph (B) in the general community college curriculum.
(D) The total number of community college courses offered, classified based on the following:
(i) Equivalency to the University of California a-g requirements.
(ii) Equivalency to courses on the school district’s master schedule.
(E) Whether any of the district’s course offerings that satisfy the criteria in clauses (i) and (ii) of subparagraph (D) have been reduced, and an explanation for that reduction.
(2) The annual report required by this subdivision shall also be transmitted to all of the following:
(A) The Legislature, in compliance with Section 9795 of the Government Code.
(B) The Director of Finance.
(C) The Superintendent.
(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SEC. 4.

 Section 76001 of the Education Code is amended to read:

76001.
 (a) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time or full-time student in any session or term any student who is eligible to attend community college pursuant to Section 48800 or 48800.5.
(b) If the governing board denies a request for a special part-time or full-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) The attendance of a pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Sections 48802 and 76002. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college.
(e) (1) Except as provided in paragraph (2), the governing board of a community college district shall assign a low enrollment priority to special part-time or full-time students described in subdivision (a) in order to ensure that these students do not displace regularly admitted students.
(2) This subdivision does not apply to a student attending a middle college high school as described in Section 11300, an early college high school as described in Section 11302, or pursuant to a concurrent enrollment partnership agreement as described in Section 48803, if the student is seeking to enroll in a community college course that is required for the student’s middle college high school, early college high school, or concurrent enrollment partnership program.
(f) Notwithstanding Section 48800 and subdivision (d), a community college district may allow a pupil attending a middle college high school, as defined in Section 11300, or early college high school, as defined in Section 11302, or a pupil participating in a concurrent enrollment partnership agreement established pursuant to Section 76004, to enroll in up to a maximum of 15 units if those units are required for the pupil’s program, and if either of the following circumstances is satisfied:
(1) The units constitute no more than four community college courses per term.
(2) The units are part of an academic program offered at the middle college high school or the early college high school that is designed to allow students to earn enough credit to graduate with an associate’s degree or career technical education certificate, or are part of a concurrent enrollment partnership agreement established pursuant to Section 76004.
(g) The attendance of a pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.

SEC. 5.

 Section 76004 is added to the Education Code, to read:

76004.
 (a) (1) The governing board of a community college district may enter into a partnership with the governing board of a school district located within its service area with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer.
(2) A participating community college district may adopt a partnership agreement with a school district partner that is approved by the governing boards of both districts. As a condition of, and before adopting, a partnership agreement, a community college district and a school district, at a regularly scheduled open public hearing of their respective governing boards, shall take testimony from the public and approve or disapprove the proposed partnership agreement. the governing board of each district, at an open public meeting of that board, shall present the concurrent enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take testimony from the public and shall approve or disapprove the agreement.
(3) (A) The partnership agreement shall outline the terms of the partnership and may shall include, but shall not necessarily not be limited to, the scope, nature, and listing of community college courses to be offered, and criteria to assess the ability of pupils to benefit from those courses. The partnership agreement may establish protocols for information sharing, joint facilities use, and parental consent for pupils to enroll in community college courses.
(B) The partnership agreement shall identify a point of contact for the participating community college district and school district partner.
(C) A copy of the partnership agreement shall be filed with the chancellor and the Superintendent before the start of a program or course authorized by this article.
(D) The concurrent enrollment partnership agreement shall certify include a certification by the participating community college district that any community college instructor teaching a course on a high school campus, pursuant to this section, has not been convicted of any sex offense, as defined in Section 87010, or any controlled substance offense, as defined in Section 87011.
(E) A community college district shall include in the concurrent enrollment partnership agreement a self-certification that participation in the concurrent enrollment partnership program is in compliance with the core mission of community colleges pursuant to Section 66010.4 and that pupils participating in the concurrent enrollment partnership program will not lead to enrollment displacement of otherwise eligible adults in the community college.
(4) A community college district shall not provide physical education course opportunities to secondary school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of the goals listed in paragraph (1).
(5) A pupil may receive community college and high school credit for community college courses that he or she completes as determined to be appropriate by the governing boards of the community college district and the school district, and in accordance with other state and federal laws.
(6) A pupil shall not be assessed any fees prohibited by Section 49011 for community college courses that he or she completes that are offered through a partnership agreement.
(7) (A) Notwithstanding subdivision (a) of Section 76002 or any other open course provision in statute, or regulations adopted by the Board of Governors of the California Community Colleges, a community college district may limit enrollment in a community college course to solely high school pupils if the course is offered at a high school campus, is not otherwise offered at the high school, and one or more of the following circumstances are satisfied:
(i) The community college course is offered by a middle college high school as defined in Section 11300.
(ii) The community college course is offered by an early college high school as defined in Section 11302.
(iii) The community college course is offered pursuant to a partnership agreement established pursuant to this article.
(B) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus shall be credited with additional units of FTES attributable to the attendance of eligible high school pupils.
(8) Notwithstanding subdivision (d) of Section 76001 and subdivision (f) of Section 76300, the governing board of a community college district participating in a concurrent enrollment partnership agreement established pursuant to this section may, in whole or in part, exempt special part-time or full-time pupils taking up to a maximum of 15 units per term from the fee requirements in Sections 76060.5, 76140, 76223, 76300, 76350, and 79121.
(b) A community college district shall not receive a state allowance or apportionment for an instructional activity for which a school district has been, or shall be, paid an allowance or apportionment.
(c) (1) For each partnership entered into pursuant to this section, the affected community college district and school district shall report annually to the chancellor all of the following information:
(A) The total number of secondary school pupils enrolled in each partnership.
(B) The total number of community college courses enrolled in by partnership participants.
(C) The total number and percentage of successful course completions, by course category and type, of partnership participants.
(2) The annual report required by this subdivision shall also be transmitted to all of the following:
(A) The Legislature, in compliance with Section 9795 of the Government Code.
(B) The Director of Finance.
(C) The Superintendent.
(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.