Bill Text: CA AB1451 | 2013-2014 | Regular Session | Amended
Bill Title: Public schools: concurrent enrollment in secondary school and community college.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1451 Detail]
Download: California-2013-AB1451-Amended.html
BILL NUMBER: AB 1451 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2014
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 25, 2014
AMENDED IN ASSEMBLY MARCH 6, 2014
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 8, 2014
An act to amend Sections 48800 and 76001 of, and to add
Sections 48803 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.
State-mandated 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.
