Today's Law As Amended


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SB-905 Educational enrichment: concurrent enrollment of pupils in high school and community college.(2003-2004)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature that growth in the summer session enrollment of part-time, specially-admitted students at community colleges, which could result from the amendments made by this act to Section 48800 of the Education Code, should not displace regularly admitted students.

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 advanced scholastic or vocational work. 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 atmosphere.  schools.  The governing board of a school district  may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, 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 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 The students  shall receive credit for community college courses that the pupil completes  they complete  at the level determined appropriate by the governing boards of the  school district and community college district. Using available funding apportioned to the community college district pursuant to Section 84750.4, the governing board of the community college district shall report the pupil’s completed courses and grades received through eTranscript California, also referred to as “eTranscriptCA,” for purposes of enabling the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform. district governing boards. 
(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 the pupil’s 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) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s 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 is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in clauses (i) and (ii), 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 purposes of paragraph (5).
(i) 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.
(ii) 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.
(B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses.
(4) (A) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s 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 is either of the following:
(i) 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.
(ii) 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.
(B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses.
(5) 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 paragraphs (3) and (4) 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.
(6) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraphs (3) and (4) as part of its annual budget request for the California Community Colleges.
(7) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived.

SEC. 3.

 Section 76001 of the Education Code is amended to read:

76001.
 (a) (1)  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, 48800.5,  48800  or 52620. 48800.5. 
(2) A community college district may not admit special part-time or full-time students to a summer academic term or session unless and until the governing board of that district certifies, at a regular, public meeting of that governing board, that the decision to allow the enrollment of these students will not displace any regular students of the district.
(b) If the governing board denies a request for a special part-time or full-time enrollment at a community college,  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 student 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, 52621,  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, if the student is seeking to enroll in a community college course that is required for the student’s middle college high school program.

SEC. 4.

 Section 76002 of the Education Code is amended to read:

76002.
 (a) For the  purposes of receiving state apportionments, a community college district may include high school students pupils  who attend a community college within the district pursuant to Sections 48800, 52620,  48800  and 76001 in the district’s report of full-time equivalent students (FTES) only if those students pupils  are enrolled in community college classes that meet all of the following criteria:
(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda addendum  to the college catalog or regular schedule of classes.
(B) If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days before  prior to  the first meeting of the class.
(3) If the class is offered at a high school campus, the class shall may  not be held during the time the campus is closed to the general public, as defined by the governing board of the school district during a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10 percent of its enrollment may be comprised composed  of special part-time or full-time students. A community college district shall may  not receive state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5 percent of the district’s total reported full-time equivalent enrollment of special part-time and full-time students.
(b) The governing board of a community college district may restrict the admission or enrollment of a special part-time or full-time student during any session based on any of the following criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment methods and procedures established pursuant to Chapter 2 (commencing with Section 78210) of Part 48 and regulations adopted by the Board of Governors of the California Community Colleges.
(c) (1)  The Chancellor of the California Community Colleges shall prepare and submit to the Department of Finance and the Legislature, on or before March 1, 2004, and March 1 of each year thereafter, a report on the amount of FTES claimed by each community college district for special part-time and special full-time students for the preceding academic year in each of the following class categories: categories, classified by academic term: 
(A) (1)  Noncredit.
(B) (2)  Nondegree-applicable.
(C) (3)  Degree-applicable, excluding physical education.
(D) (4)  Degree-applicable physical education.
(2) The report prepared pursuant to paragraph (1) may include information required to be reported pursuant to paragraph (4) of subdivision (d) of Section 48800.
(d) The Board of Governors of the California Community Colleges shall adopt rules and regulations to implement this section.
SEC. 5.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
So that this act may be operative in time for the beginning of the summer term of the 2004–05 academic year, it is necessary that this act take effect immediately.