Today's Law As Amended


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SB-1456 Community colleges: Seymour-Campbell Student Success Act of 2012.(2011-2012)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Senate Bill 1143 of Chapter 401 of the Statutes of 2010 directed the Board of Governors of the California Community Colleges to establish the Student Success Task Force, charged with developing a plan for improving community college student success rates. In response, the board of governors established a 20-member Student Success Task Force, composed of community college students, faculty, staff, chief executive officers, researchers, and external stakeholders. After a year of study and deliberation, the task force issued a comprehensive report recommending to the board of governors a plan to achieve significant gains in student completion rates, while also preserving the California Community Colleges’ historic commitment to broad access and equity.
(b) In January 2012, the board of governors adopted the 22 recommendations put forth by the Student Success Task Force. This action marked the board of governors’ commitment to launch a major systemwide student success initiative. The initiative focuses on helping students to identify educational goals and develop an informed plan to achieve their educational objectives in the areas of transfer, basic skills attainment, and career technical education. The recommendations also outline strategies to provide students with improved support and institutional structures to help them succeed.
(c) The board of governors’ student success initiative will be implemented through a variety of mechanisms, including state law, board regulations, budget provisions, state administrative policy, and local best practices. Together, implementation of these recommendations will help improve student success rates at community colleges across the state.
(d) Achieving significant gains in student completion rates will require improvements and expansions in the programs and services the community colleges provide to students. In part, these improvements can be accomplished through the use and reprioritization of existing resources. However, a full-scale implementation of the student success initiative will require greater state investment in the Student Success and Support Program, as well as community colleges’ overall ability to promote student success. In enacting this measure, the Legislature acknowledges the commitment of the board of governors, through its regular budget process, to evaluate resource needs and seek funding for essential educational priorities that contribute to student success, which include, but are not necessarily limited to, counselors, advisors, and technology tools needed to assist students; increasing categorical funding for student support services, including, but not necessarily limited to, programs for disadvantaged and disabled students; hiring more full-time faculty; and increasing support for part-time faculty.
(e) The Seymour-Campbell Student Success Act of 2012 implements two of the 22 recommendations that provide an initial, critical foundation for enhancing student completion and promoting student behaviors that lead to success.

SEC. 2.

 Section 76300 of the Education Code, as amended by Section 4 of Chapter 15 of the First Extraordinary Session of the Statutes of 2011, is amended to read:

76300.
 (a) The governing board of each community college district shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable,  84750.5,  the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by Section 84757.
(2) California State University or University of California students enrolled in pretransfer remedial  classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the board of governors that governors, which  fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B) Meets one of the following criteria:
 (i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.
(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s  his or her  control, such as reductions in student support services or changes to the economic situation of the student.
(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s  his or her  enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s  his or her  fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless the student  he or she  has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3. 68120. 
(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1) The dependent was a resident of California on September 11, 2001.
(2) The individual killed in the attacks was a resident of California on September 11, 2001.
(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s  his or her  relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims  Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.
(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.
(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.
(o) (n)  The board of governors shall adopt regulations implementing this section.
(o) This section shall become operative on May 1, 2012, only if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative.

SEC. 3.

 Section 78210 of the Education Code is amended to read:

78210.
 This article shall be known and may be cited as the Seymour-Campbell Student Success Act of 2012.

SEC. 4.

 Section 78211 of the Education Code is amended to read:

78211.
 It is the intent of the Legislature to do all of the following:
(a) Ensure equal education opportunity for all Californians.
(b) Provide students with the resources and support to establish informed educational choices aligned with their academic and career goals.
(c) Ensure that students receive the educational services necessary to optimize their opportunities for success in completing their educational goals and courses of study.
(d) Recognize that student success is the responsibility of the institution and student, supported by well-coordinated and evidence-based student and instructional services to foster academic success.
(e) Target state resources on the provision of critical student services, such as counseling and student advising, and identify a broad array of service delivery mechanisms that can effectively reach a greater number of students.
(f) Recognize the importance for community college districts of establishing local and regional partnerships with school districts, workforce agencies, and other system partners to leverage resources to assist students in exploring career options, preparing for college, and developing and achieving educational goals and plans.

SEC. 5.

 Section 78211.5 of the Education Code is amended to read:

78211.5.
 (a) The purpose of the Seymour-Campbell Student Success Act of 2012 is to increase California community college student access and success by providing effective core matriculation services, including orientation, assessment and placement, counseling, and other education planning services, and academic interventions. The focus of the Seymour-Campbell Student Success Act of 2012 is on the entering students’ transition into college in order to provide a foundation for student achievement and successful completion of students’ educational goals, with a priority toward serving students who enroll to earn degrees, career technical certificates, transfer preparation, or career advancement. The Seymour-Campbell Student Success Act of 2012 targets state resources on core matriculation services that research has shown to be critical in increasing the ability of students to reach their academic and career goals. By focusing funding in these core areas and leveraging the use of technology to more efficiently and effectively serve a greater number of students, the goal of the Seymour-Campbell Student Success Act of 2012 is to provide students with a solid foundation and opportunity for success in the California Community Colleges.
(b) Any college or district receiving funding under this article shall agree to carry out its provisions as specified, but shall be bound to that agreement only for the period during which funding is received pursuant to this article. The obligations of the college or district under the agreement shall include, but not be limited to, the expenditure of funds received pursuant to this article for only those services approved by the board of governors and the contribution toward the purposes of this article of matching funds as the board of governors may require pursuant to Section 78216.

SEC. 6.

 Section 78212 of the Education Code is amended to read:

78212.
 (a) (1) For purposes of this article, “matriculation” means a process that brings a college and a student into an agreement for the purpose of achieving the student’s educational goals and completing the student’s course of study. The agreement involves the responsibilities of both parties to attain those objectives through the college’s established programs, policies, and requirements including those established by the board of governors pursuant to Section 78215.
(2) The institution’s responsibility under the agreement includes the provision of student services to provide a strong foundation and support for their academic success and ability to achieve their educational goals. The program of services funded through the Seymour-Campbell Student Success Act of 2012, which shall be known and may be cited as the Student Success and Support Program, shall include, but are not necessarily limited to, all of the following:
(A) Orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other matters the college or district finds appropriate.
(B) Assessment before course registration, as defined in Section 78213.
(C) Counseling and other education planning services, which shall include, but not necessarily be limited to, all of the following:
(i) Counseling and advising.
(ii) Assistance to students in the exploration of educational and career interests and aptitudes and identification of educational objectives, including, but not limited to, preparation for transfer, associate degrees, and career technical education certificates and licenses.
(iii) The provision of information, guided by sound counseling principles and practices, using a broad array of delivery mechanisms, including technology-based strategies to serve a continuum of student needs and abilities, that will enable students to make informed choices.
(iv) Development of an education plan leading to a course of study and guidance on course selection that is informed by, and related to, a student’s academic and career goals.
(D) Referral to specialized support services as needed and available, including, but not necessarily limited to, federal, state, and local financial assistance; health services; career services; veteran support services; foster youth services; extended opportunity programs and services provided pursuant to Article 8 (commencing with Section 69640) of Chapter 2 of Part 42 of Division 5; campus child care services provided pursuant to Article 4 (commencing with Section 8225) of Chapter 2 of Part 6 of Division 1 of Title 1; programs that teach basic skills education and English as a second language; and disabled student services provided pursuant to Chapter 14 (commencing with Section 67300) of Part 40 of Division 5.
(E) Evaluation of each student’s progress and referral to appropriate interventions for students who are enrolled in basic skills courses, who have not declared an educational goal as required, or who are on academic probation, as defined by standards adopted by the Board of Governors of the California Community Colleges and community college districts.
(3)  The student’s responsibilities under the agreement include, but are not necessarily limited to, the identification of an academic and career goal upon application, the declaration of a specific course of study after a specified time period or unit accumulation, as defined by the board of governors, diligence in class attendance and completion of assigned coursework, and the completion of courses and maintenance of academic progress toward an educational goal and course of study identified in the student’s education plan. To ensure that students are not unfairly impacted by the requirements of this chapter, the board of governors shall establish a reasonable implementation period that is phased in as resources are available to provide nonexempt students with the core services pursuant to this section.
(b) Funding for the Student Success and Support Program shall be targeted to fully implement orientation, assessment, counseling and advising, and other education planning services needed to assist a student in making an informed decision about his or her educational goal and course of study and in the development of an education plan.

SEC. 7.

 Section 78212.5 of the Education Code is repealed.

78212.5.
 It is the intent of the Legislature that, pursuant to Sections 78213 and 78213.1, all of the following are satisfied:
(a) All United States high school graduate students and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, shall be enrolled in, transfer-level English and mathematics courses if their program requires mathematics or English.
(b) California community colleges shall place and enroll students into transfer-level mathematics or English coursework that satisfies a requirement of the student’s intended certificate or associate degree or a requirement for transfer within their intended major.
(c) When the California State University and University of California systems require mathematics or English prerequisites, both of the following apply:
(1) Community colleges shall determine the methods of fulfilling the prerequisite, whether it be through high school coursework, completion of corequisite coursework or concurrent support activity, credit by examination, credit for prior learning, or multiple measures placement into, or completion of, a course with the same or higher prerequisite.
(2) The California State University shall, and the University of California is requested to, work collaboratively with the California Community Colleges to maintain articulation of courses successfully completed at the California Community Colleges.
(d) California community colleges create the largest opportunities possible for access to transfer-level courses, ensure the greatest enrollment possible into those courses, and provide students the support they need to perform well and be successful in completing those courses.
(e) In order to protect the rights of students with disabilities to fully benefit from participation in postsecondary educational programs, students with documented disabilities shall retain access to educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, that are offered to students who otherwise would not be able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services.
(f) Notwithstanding this article, community colleges remain responsible for implementing state and federal laws pertaining to funding and providing services to students with disabilities, including, but not limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), as amended, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as amended.

SEC. 8.

 Section 78213 of the Education Code is amended to read:

78213.
 (a) A community college  No  district or community  college shall not  may  use any assessment instrument for the purposes of this article without the authorization of the board of governors. The board of governors may adopt a list of authorized assessment instruments. instruments pursuant to the policies and procedures developed pursuant to this section and the intent of this article. The board of governors may waive this requirement as to any assessment instrument pending evaluation. 
(b) The board of governors shall review all assessment instruments and shall consider for approval those that  to ensure that they  meet all of the following requirements:
(1) Assessment instruments shall meet established standards of validity and reliability.
(2) (1)  Assessment instruments shall be sensitive to cultural and language differences between students, and shall be adapted as necessary to accommodate students with disabilities.
(3) (2)  Assessment instruments shall be used solely  as an advisory tool to assist students in the selection of appropriate courses.
(4) (3)  Assessment instruments shall not be used to exclude students from admission to community colleges.
(c) (1) A community college district or community college shall maximize the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe of their initial attempt in the discipline. For a student with a declared academic goal, the transfer-level coursework shall satisfy the English and mathematics course requirements of the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline.
(2) Community colleges shall use, in the placement and enrollment of students into English and mathematics courses in order to achieve this goal, one or more of the following measures:
(A) High school coursework.
(B) High school grades.
(C) High school grade point average.
(3) When using multiple measures, colleges shall apply multiple measures in the placement and enrollment of all students in such a manner that all of the following occur:
(A) Low performance on one measure shall be offset by a higher performance on another measure.
(B) Multiple measures shall be used to increase a student’s placement recommendation and shall not be used to lower it.
(C) Any one measure may demonstrate a student’s preparedness for transfer-level coursework.
(D) The multiple measures placement shall not require students to repeat coursework that they successfully completed in high school or college or for which they demonstrated competency through other methods of credit for prior learning.
(E) The multiple measures placement gives students access to a transfer-level course that will satisfy a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major.
(4) For the purposes of this subdivision, using high school grade point average as a composite of student performance over multiple years of high school coursework is a sufficient use of multiple evidence-based measures.
(5) Community colleges shall use multiple evidence-based measures for placing students into English-as-a-second-language (ESL) coursework. For those students placed into credit ESL coursework, their placement should maximize the probability that they will complete degree and transfer requirements in English within three years.
(6) High school transcript data shall be used as the primary means for determining placement in English and mathematics courses. When high school transcript data is difficult to obtain, logistically problematic to use, or not available, a community college district or community college shall use self-reported high school information.
(7) (A) For students who have not graduated from high school, or for high school graduates unable to provide self-reported high school information, community colleges may use guided placement or self-placement.
(B) The placement and enrollment resulting from the guided or self-placement method shall maximize the probability that students enter and complete transfer-level mathematics and English coursework that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline.
(C) A community college may use guided placement or self-placement to direct English language learners who are not United States high school graduates into credit ESL programs and shall maximize the probability that students in credit ESL programs enter and complete transfer-level English within a timeframe of three years.
(D) District placement methods based upon guided placement, including self-placement, shall not do either of the following:
(i) Incorporate sample problems, assignments, assessment instruments, or tests, including those designed for skill assessment.
(ii) Request students to solve problems, answer curricular questions, present demonstrations and examples of coursework designed to show knowledge or mastery of prerequisite skills, or demonstrate skills through tests or surveys.
(8) (c)  The board of governors shall establish regulations governing the use of these and other measures, instruments, and placement models to ensure that the measures, instruments, and placement models selected by a community college demonstrate that they guide English and mathematics placements and enrollment to achieve the goal of maximizing the probability that a student will enter and complete transfer-level coursework in English and mathematics that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major within a one-year timeframe and credit ESL students will complete transfer-level coursework in English within a timeframe of three years. an advisory committee to review and make recommendations concerning all assessment instruments used by districts and colleges pursuant to this article. 
(9) A community college district or community college shall maximize the probability that a student will enter and complete college-level coursework in English and mathematics within a one-year timeframe that for students who seek a goal other than transfer, and who are in certificate or degree programs with specific mathematics and English requirements, as determined by the program’s advisory board or accrediting body, that cannot be met with transfer-level coursework.
(10) Programs without mathematics or English requirements are exempt from this subdivision.
(d) A community college district or community college shall not recommend or require students to enroll in pretransfer-level English or mathematics coursework unless both of the following are true:
(1) The student is highly unlikely to succeed in a transfer-level English or mathematics course based on their high school grade point average and coursework.
(2) The enrollment in pretransfer-level coursework will improve the student’s probability of completing transfer-level coursework in English and mathematics within a one-year timeframe or, for credit ESL students, completing transfer-level coursework in English within a three-year timeframe.
(e) (1) By July 1, 2023, if a community college places and enrolls students into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major, the community college shall show both of the following to verify the benefit of the coursework to students:
(A) The student is highly unlikely to succeed in a transfer-level English or mathematics course that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major.
(B) The enrollment will improve the student’s probability of completing transfer-level mathematics or English coursework that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe.
(2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2024, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing subsequent coursework that satisfies a requirement for their intended certificate or associate degree, or a requirement for transfer within their intended major.
(f) (1) By July 1, 2024, for calculus-based associate degrees or transfer majors in science, technology, engineering, and mathematics (STEM), community colleges shall examine the impact of placing and enrolling students into transfer-level course sequences, composed of no more than two transfer-level courses, that prepare students for the first STEM calculus course, in order to verify the benefit of the coursework to students by showing all of the following:
(A) The student is highly unlikely to succeed in the first STEM calculus course without the additional transfer-level preparation.
(B) The enrollment will improve the student’s probability of completing the first STEM calculus course.
(C) The enrollment will improve the student’s persistence to and completion of the second calculus course in the STEM program, if a second calculus course is required.
(2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2025, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing calculus for their STEM program.
(g) Community colleges are encouraged to explore the impact of concurrent support for the first STEM calculus course as an alternative to transfer-level preparatory courses that are not part of the STEM degree or transfer coursework for the STEM major.
(h) By July 1, 2023, a community college district or community college, when considering the placement and enrollment of a student into transfer-level English and mathematics, shall not rely upon any of the following as a justification for placing and enrolling a student into pretransfer-level mathematics or English coursework or into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major:
(1) The length of time between a student’s enrollment date at the community college and the student’s high school graduation date.
(2) Whether the student belongs to a special population, including, but not limited to, foster youth, veterans, economically disadvantaged students or those students who participate in extended opportunity programs and services, participants in disability services and programs for students, and students in Umoja, Puente, or Mathematics, Engineering, Science Achievement (MESA) programs.
(3) Whether the student can provide a high school transcript, self-reports high school information, or uses self-placement or guided placement.
(i) (1) By July 1, 2023, all United States high school graduates, and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, enrolled in, transfer-level English and mathematics courses.
(2) If the student has a declared academic goal, the mathematics and English coursework shall satisfy a requirement of the student’s intended certificate or associate degree or a requirement for transfer within the intended major.
(3) A community college shall not require students to repeat coursework that they have successfully completed in high school or college or take coursework that repeats competencies that the student has demonstrated through other methods of credit for prior learning.
(4) A community college shall not enroll into noncredit coursework students who have graduated from a United States high school or been issued a high school equivalency certificate, as a substitute or replacement for direct placement and enrollment into transfer-level English and mathematics coursework as described in paragraph (1) of subdivision (c).
(j) The following are exceptions to transfer-level placement and enrollment into mathematics and English coursework, as described in subdivision (i):
(1) Students who have not graduated from a United States high school or been issued a high school equivalency certificate.
(2) Students enrolled in a certificate program without English or mathematics requirements.
(3) Students enrolled in a noncredit ESL course who have not graduated from a United States high school or been issued a high school equivalency certificate.
(4) Students with documented disabilities in educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, who are otherwise not able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services.
(5) Students enrolled in adult education programs who have not graduated from a United States high school or been issued a high school equivalency certificate.
(6) Students enrolled in adult education programs who are enrolled in coursework other than mathematics or English.
(7) Current high school students in dual enrollment or taking courses not available in their local high school.
(8) The community college has provided local research and data pursuant to subdivisions (e) and (f) to verify the benefit of the placement and enrollment into transfer-level coursework that does not satisfy a requirement for the intended certificate or associate degree or a requirement for transfer within the intended major.
(9) College-level placement and enrollment in lieu of transfer-level placement and enrollment may occur for:
(A) Students in career technical programs seeking a certificate or associate degree with specific requirements, as dictated by the program’s advisory or accrediting body, that cannot be satisfied with transfer-level coursework
(B) Specific subgroups of students for whom a community college district or community college has provided local research and data meeting the evidence standards pursuant to subdivisions (e) and (f) that allow for the placement and enrollment of the student subgroup into pretransfer-level mathematics or English coursework.
(k) (1) For students who need or desire extra academic support when enrolled in transfer-level mathematics or English coursework, community colleges shall provide access to tutoring, support-enhanced transfer-level mathematics and English courses, concurrent low-unit credit or similar contact hour noncredit corequisite coursework for transfer-level mathematics and English, or other academic supports.
(2) A community college may require students to enroll in additional concurrent support, including additional language support for ESL students, during the same term that they take a transfer-level English or mathematics course, if it is determined that the support will increase the student’s likelihood of passing the transfer-level English or mathematics course.
(3) Nothing in this subdivision shall be construed as limiting student access to additional concurrent support nor requiring students to enroll into concurrent supports.
(l) The Chancellor’s Office of the California Community Colleges may require a community college or community college district to change or adopt a placement policy or practice identified by the chancellor’s office to ensure that a community college or community college district’s placement and enrollment of students into mathematics, English, and ESL is consistent with the requirements of this section.
(m) Nothing in this section is meant to add mathematics and English requirements to certificate programs that do not have mathematics or English requirements.
(n) For purposes of this section, the following definitions apply:
(1) (d)  “Assessment”  For purposes of this section, “assessment”  means the process of gathering information about a student regarding the student’s study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment methods may include, but not necessarily be limited to, interviews, standardized tests, attitude surveys, vocational or career aptitude and interest inventories, high school or postsecondary transcripts, specialized certificates or licenses, educational histories, and other measures of performance.
(2) “Pretransfer level,” with respect to courses, includes basic skills, remedial, and college-level courses.
(3) “Transfer-level written communication” and “transfer-level quantitative reasoning” have the same meaning as transfer-level English and transfer-level mathematics, respectively.

SEC. 9.

 Section 78214 of the Education Code is amended to read:

78214.
 (a) All participating districts shall, with the assistance of the chancellor, establish and maintain institutional research to evaluate the effectiveness of the Student Success and Support Program described by this article and of any other programs or services designed to facilitate students’ completion of their educational goals and courses of study.
(b) The metrics for this research shall include, but not be limited to:
(1) Prior educational experience, including transcripts when appropriate, as determined by the chancellor.
(2) Educational goals and courses of study.
(3) Criteria for exemption from orientation, assessment, or required counseling or advisement, if applicable.
(4) Need for financial assistance.
(5) Disaggregated data by ethnicity, gender, disability, age, and socioeconomic status, to the extent this information is available.
(6) Academic performance, such as the completion of specified unit thresholds, success in basic skills courses, grade point average, course completion outcomes, transfer readiness, and degree and certificate completion.
(7) Any additional information that the chancellor finds appropriate.
(c) The evaluation provided for by this section shall include an assessment of the effectiveness of the programs and services in attaining at least the following objectives:
(1) Helping students to define their academic and career goals and declare a course of study.
(2) Assisting institutions in the assessment of students’ educational needs and valid course placement.
(3) Helping support students’ successful course completion and goal attainment.
(4) Matching institutional resources with students’ educational needs.

SEC. 10.

 Section 78215 of the Education Code is amended to read:

78215.
 (a) The Board of Governors of the California Community Colleges, in consultation with students, faculty, student service administrators, and other key stakeholders, shall establish policies and processes for all of the following:
(1) Requiring all nonexempt students to complete orientation and assessment and to develop education plans.
(2) Exempting students from participation in orientation, assessment, or required education planning services under this article.
(3) Requiring community college districts to adopt a student appeal process.
(b) To ensure that students are not unfairly impacted by the requirements of this chapter, these policies and processes shall be phased in over a reasonable period of time as determined by the board of governors in consideration of the resources available to provide the core services identified in Section 78212.
(c) It is the intent of the Legislature that these policies and processes be developed and implemented only as resources are provided and utilized by community college campuses to provide the student support services, individual counseling and advising, and technology-based strategies necessary to ensure that students can successfully meet the requirements of this section.

SEC. 11.

 Section 78216 of the Education Code is amended to read:

78216.
 (a) The Legislature recognizes that community college districts are currently funding various components of student matriculation through existing orientation, counseling and advising, education planning, assessment, and other student services, but that adequate student matriculation and implementation of the Student Success and Support Program strategies cannot be realized without supplemental funding support.
(b) The board of governors shall develop a formula for allocating the funding for the Student Success and Support Program to implement the services identified in Section 78212 at community colleges. The formula shall include the requirement that the districts or colleges contribute matching funds in an amount to be established by the board of governors in each case, and shall reflect, but not be necessarily limited to, other considerations as follows:
(1) The number of students to receive services at each college.
(2) The number of students who received orientation, assessment, counseling and advising, and other education planning services.
(3) The requirement that funds for the Student Success and Support Program services be expended only for services approved by the board of governors.
(4) The requirement that any district or college receiving funding pursuant to this section agree to implement this article, implement the board of governors’ system of common assessment, if using an assessment instrument for placement, and implement the board of governors’ accountability scorecard, pursuant to Section 84754.5, when established during the period in which it receives that funding.
(5) Insofar as a community college district is able to fully implement in-person or technology strategies for orientation, assessment, and education planning services, the board of governors may identify other noninstructional support services that can be funded through this article.
(c) The board of governors shall require participating colleges to develop a Student Success and Support Program plan that reflects all of the following:
(1) A description of the Student Success and Support Program services identified in Section 78212 to be provided.
(2) A description of the college’s process to identify students at risk for academic or progress probation and the college’s plan for interventions or services to students.
(3) The college budget for the state-funded Student Success and Support Program services pursuant to Sections 78212 and 78214.
(4) The development and training of staff and faculty to implement the Student Success and Support Program services.
(5) In multicampus districts, the coordination of the college Student Success and Support Program plan with other college plans within the district.
(6) Technology services and institutional research and evaluation necessary for implementation of this article.
(7) Coordination with college student equity plans to ensure that the college has identified strategies to monitor and address equity issues and mitigate any disproportionate impacts on student access and achievement.
(8) The extent to which the community college is able to develop partnerships with feeder high school districts, workforce agencies, and other community partners to assist entering students in career and educational exploration and planning and leverage resources to support a successful transition to college and career.
(d) The board of governors may allocate up to 5 percent of the total funds appropriated for the Student Success and Support Program for state administrative operations to carry out the intent of this article, subject to the review of the annual budget process.

SEC. 12.

 Section 78218 of the Education Code is amended to read:

78218.
 In the 2012–13 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of this article.
SEC. 13.
 (a) The Legislative Analyst’s Office shall review and report to the appropriate fiscal and policy committees of the Legislature by July 1, 2014, and by July 1 of every even-numbered year thereafter, all of the following:
(1) The extent to which the provisions of the Seymour-Campbell Student Success Act of 2012 are implemented consistent with the intent of the Legislature and the extent to which students have access to counseling and advising services.
(2) The overall progress on the implementation of the Student Success Task Force’s recommendations provided pursuant to Chapter 409 of the Statutes of 2010.
(3) The impacts of the Seymour-Campbell Student Success Act of 2012 on student participation, progress, and completion, disaggregated by ethnicity, age, gender, disability, and socioeconomic status.
(4) A summary of community college campus implementation efforts for the Seymour-Campbell Student Success Act of 2012 and recommendations on whether and how these efforts can be improved.
(b) The Office of the Chancellor of the California Community Colleges shall work with the Legislative Analyst’s Office to identify information that is necessary to provide the report required in subdivision (a), and shall provide this information to the Legislative Analyst’s Office by April 1, 2014.
SEC. 14.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.