Today's Law As Amended


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AB-504 Community colleges: Student Success and Support Program funding.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 78220 of the Education Code is amended to read:

78220.
 (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:
(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:
(A) Current or former foster youth.
(B) Students with disabilities.
(C) Low-income students.
(D) Veterans.
(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:
(i) American Indian or Alaska Native.
(ii) Asian.
(iii) Black or African American.
(iv) Hispanic or Latino.
(v) Native Hawaiian or other Pacific Islander.
(vi) White.
(vii) Some other race.
(viii) More than one race.
(F) Homeless students.
(G) Lesbian, gay, bisexual, or transgender students.
(H) Additional categories of students determined by the governing board of the community college district.
(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.
(3) (2)  Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, basic skills  completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.
(4) (3)  Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), (2),  based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), (2),  including, but not necessarily  limited to, the adoption of evidence-based models of remediation, implementation of placement assessment  and enrollment placement  policies that more accurately predict student success and identify students’ pretransfer remedial  needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:
(A) Students with disabilities.
(B) Extended Opportunity Programs and Services and Special Services.
(C) Fund for Student Success.
(D) Student Success and Support Program.
(E) Programs for foster youth.
(F) Programs for veterans.
(G) Special Services for CalWORKs Recipients.
(H) Student Financial Aid Administration.
(I) Student Success for Basic Skills Students.
(5) (4)  Sources of funds for the activities in the plan.
(6) (5)  A schedule and process for evaluation.
(7) (6)  An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 2016–17 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.
(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.
(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.
(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).
(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the student’s ability to persist in the student’s course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.
(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institution’s plan for interventions to students.
(3) For purposes of this subdivision, the following terms are defined as follows:
(A) “Eligible student” means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the student’s course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.
(B) “Emergency student financial assistance” means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the student’s course of study.

SEC. 1.5.

 Section 78220 of the Education Code is amended to read:

78220.
 (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:
(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:
(A) Current or former foster youth.
(B) Students with disabilities.
(C) Low-income students.
(D) Veterans.
(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:
(i) American Indian or Alaska Native.
(ii) Asian.
(iii) Black or African American.
(iv) Hispanic or Latino.
(v) Native Hawaiian or other Pacific Islander.
(vi) White.
(vii) Some other race.
(viii) More than one race.
(F) Homeless students.
(G) Lesbian, gay, bisexual, or transgender students.
(H) Additional categories of students determined by the governing board of the community college district.
(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.
(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, basic skills  completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.
(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement assessment  and enrollment placement  policies that more accurately predict student success and identify students’ pretransfer remedial  needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:
(A) Students with disabilities.
(B) Extended Opportunity Programs and Services and Special Services.
(C) Fund for Student Success.
(D) Student Success and Support Program.
(E) Programs for foster youth.
(F) Programs for veterans.
(G) Special Services for CalWORKs Recipients.
(H) Student Financial Aid Administration.
(I) Student Success for Basic Skills Students.
(5) Sources of funds for the activities in the plan.
(6) A schedule and process for evaluation.
(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 2016–17 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.
(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.
(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.
(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).
(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the student’s ability to persist in the student’s course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.
(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institution’s plan for interventions to students.
(3) For purposes of this subdivision, the following terms are defined as follows:
(A) “Eligible student” means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the student’s course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.
(B) “Emergency student financial assistance” means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the student’s course of study.

SEC. 2.

 Section 78221 of the Education Code is amended to read:

78221.
 The Chancellor of the California Community Colleges shall allocate funds provided for purposes of successfully implementing the activities and goals specified in the student equity plans adopted pursuant to Section 78220, consistent with all of the following:
(a) The chancellor shall ensure a community college district has submitted a student equity plan that is consistent with Section 78220. For purposes of allocating funding appropriated in the 2014–15 Budget Act, a community college district that has not submitted a student equity plan shall provide the chancellor with an outline for the community college district’s completion of the student equity plan on or before January 1, 2015.
(b) The chancellor shall ensure that community college districts that serve greater populations of students who are high-need students or disadvantaged students receive greater resources to provide services to students, consistent with the goals and activities specified in their student equity plans.
(c) The chancellor shall establish criteria for calculating the number of high-need and disadvantaged students in a community college district. For purposes of this article, “high-need students” mean students who have an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during those students’ matriculation at the institution, that would qualify those students to receive federal Pell Grants and students from ZIP Codes in the bottom two quintiles of college attainment. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that student. For purposes of this article, the determination of who are “disadvantaged” students shall take into account the college participation rate of the college-aged population of, and the socioeconomic status of, a community college district population.
(d) The chancellor shall establish a standard methodology, including guidelines, for measurement of student equity and disproportionate impact for disaggregated subgroups of the student population of the California Community Colleges. The chancellor shall establish the methodology for use in the student equity plans of community college districts.
(e) (1) The chancellor shall, consistent with the goal of eliminating any achievement disparities that are identified pursuant to the requirements of Section 78220, provide guidance to community college districts regarding  shall establish a list of eligible and ineligible  expenditures and activities to ensure that funding is used to support evidence-based practices to implement  the implementation of  student equity plan goals and coordinate  the coordination of  services for the targeted student populations through evidence-based practices.
(2) (A)  On or before March 15, 2016, and, except as provided in subparagraph (B),  and on or before  March 15 annually thereafter, the chancellor shall submit a  report to the Department of Finance, the Legislative Analyst’s Office,  Analyst,  and the appropriate policy and fiscal committees of the Legislature, on the expenditure of funds for purposes of this article during the previous fiscal year.
(B) Beginning in the 2025–26 fiscal year, the chancellor may submit the report described in subparagraph (A) annually, on or before March 1, to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature.

SEC. 2.5.

 Section 78221 of the Education Code is amended to read:

78221.
 The Chancellor of the California Community Colleges shall allocate funds provided for purposes of successfully implementing the activities and goals specified in the student equity plans adopted pursuant to Section 78220, consistent with all of the following:
(a) The chancellor shall ensure a community college district has submitted a student equity plan that is consistent with Section 78220. For purposes of allocating funding appropriated in the 2014–15 Budget Act, a community college district that has not submitted a student equity plan shall provide the chancellor with an outline for the community college district’s completion of the student equity plan on or before January 1, 2015.
(b) The chancellor shall ensure that community college districts that serve greater populations of students who are high-need students or disadvantaged students receive greater resources to provide services to students, consistent with the goals and activities specified in their student equity plans.
(c) The chancellor shall establish criteria for calculating the number of high-need and disadvantaged students in a community college district. For purposes of this article, “high-need students” mean students who have an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during those students’ matriculation at the institution, that would qualify those students to receive federal Pell Grants and students from ZIP Codes in the bottom two quintiles of college attainment. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that student. For purposes of this article, the determination of who are “disadvantaged” students shall take into account the college participation rate of the college-aged population of, and the socioeconomic status of, a community college district population.
(d) The chancellor shall establish a standard methodology, including guidelines, for measurement of student equity and disproportionate impact for disaggregated subgroups of the student population of the California Community Colleges. The chancellor shall establish the methodology for use in the student equity plans of community college districts.
(e) (1) The chancellor shall, consistent with the goal of eliminating any achievement disparities that are identified pursuant to the requirements of Section 78220, provide guidance to community college districts regarding expenditures and activities to ensure that funding is used to support evidence-based practices to implement student equity plan goals and coordinate services for the targeted student populations through evidence-based practices.
(2) (A)  On or before March 15, 2016, and, except as provided in subparagraph (B),  and on or before  March 15 annually thereafter, the chancellor shall submit a  report to the Department of Finance, the Legislative Analyst’s Office,  Analyst,  and the appropriate policy and fiscal committees of the Legislature, on the expenditure of funds for purposes of this article during the previous fiscal year.
(B) Beginning in the 2025–26 fiscal year, the chancellor may submit the report described in subparagraph (A) annually, on or before March 1, to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature.
SEC. 3.
 (a) Section 1.5 of this bill incorporates amendments to Section 78220 of the Education Code proposed by both this bill and Assembly Bill 1018. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 78220 of the Education Code, and (3) this bill is enacted after Assembly Bill 1018, in which case Section 1 of this bill shall not become operative.
(b) Section 2.5 of this bill incorporates amendments to Section 78221 of the Education Code proposed by both this bill and Assembly Bill 1018. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 78221 of the Education Code, and (3) this bill is enacted after Assembly Bill 1018, in which case Section 2 of this bill shall not become operative.