Bill Text: CA AB2153 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Postsecondary education: course offerings.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2014-06-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2153 Detail]

Download: California-2013-AB2153-Amended.html

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BILL NUMBER: AB 2153	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2014

INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 20, 2014

   An act to amend Sections 78230 and 89708 of the Education Code,
relating to the postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2153, as amended, Gray. Postsecondary education: course
offerings.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
   Exiting law authorizes community college districts to establish
and maintain extension programs meeting specified characteristics at
specified community college campuses during summer and winter
intersessions. Existing law requires that an extension credit course
not supplant a course funded with state apportionments, and not be
offered at times or in locations that supplant or limit the offering
of programs that receive state funding or in conjunction with courses
that receive state apportionment funding.
   This bill would add a provision that defines "supplant."
   Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Existing law requires that self-supporting sessions at
the university, known as special sessions, not supplant regular
course offerings available on a non-self-supporting basis during the
regular academic year.
   This bill would require that these special session program course
offerings not supplant or limit the number of regular course
offerings that receive state funding at a campus of the university,
and  would require, to the extent possible, that each campus
ensure that a course required   as a condition of degree
completion be offered as a state-supported course. The bill would
require that a matriculated student, who is required to enroll in a
special session course in order to graduate because the
state-supported version of that course is unavailable, pay the lesser
of the state-supported and special session course fee. The bill
would require that all special session course offerings not exceed
the number of st   ate-supported section offerings of that
course at a campus, and would authorize a campus, with the approval
of the Chancellor of the California State University, to add a
self-supporting version of a state-supported degree program course if
specified conditions are satisfied. The bill would require the
chancellor to provide guidance to campuses regarding how to comply
with this bill, and  would require the trustees to annually
certify compliance with these conditions.
   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.  Section 78230 of the Education Code is amended to read:

   78230.  (a) For the purposes of this section, the following terms
have the following meanings:
   (1) "Eligible community college campus" means one of the following
campuses:
   (A) College of the Canyons.
   (B) Crafton Hills College.
   (C) Long Beach City College.
   (D) Oxnard College.
   (E) Pasadena City College.
   (F) Solano Community College.
   (2) "Eligible community college district" means a community
college district with an eligible community college campus.
   (b) (1) The Office of the Chancellor of the California Community
Colleges shall establish a voluntary pilot program through which an
eligible community college campus may establish and maintain
extension programs offering credit courses during summer and winter
intersessions. The governing board of an eligible community college
district may request to participate in the pilot program.
   (2) It is the intent of the Legislature that at least one
participating campus should begin implementation of the pilot program
by January 2014, and that an additional five campuses should
implement the pilot program by July 1, 2014.
   (c) An extension program established pursuant to this section
shall have all of following characteristics:
   (1) The program shall be self-supporting and all costs associated
with the program shall be recovered.
   (2) Enrollment in the pilot program shall not be reported for
state apportionment funding, but program enrollment shall be open to
the public pursuant to Section 51006 of Title 5 of the California
Code of Regulations.
   (3) The program shall be developed in conformance with this code
and Division 6 (commencing with Section 50001) of Title 5 of the
California Code of Regulations related to community college credit
courses.
   (4) The program shall be subject to community college district
collective bargaining agreements.
   (5) The program shall apply to all courses leading to
certificates, degrees, or transfer preparation.
   (d) (1) To participate in the pilot program, an eligible community
college district shall satisfy all of the following criteria:
   (A) The district shall have served a number of students equal to,
or beyond, its funding limit for the two immediately prior academic
years, as provided in the annual Budget Act and as reported by the
Office of the Chancellor of the California Community Colleges.
   (B) The district shall not have received a stability adjustment to
state apportionment funding pursuant to Section 58776 of Title 5 of
the California Code of Regulations in the prior two years.
   (C) All courses offered for credit that receive state
apportionment funding shall meet basic skills, transfer, or workforce
development objectives.
   (D) The district shall prioritize enrollment of students in
courses offered that receive state apportionment funding in
conformance with the legal authority of the governing board of the
community college district, Section 66025.8 of this code, and Section
58108 of Title 5 of the California Code of Regulations, by promoting
policies that prioritize enrollment in courses that receive state
apportionment funding of students who are fully matriculated, as
defined in Section 78212, and making satisfactory progress toward a
basic skills, transfer, or workforce development goal.
   (E) The district shall prioritize enrollment in the extension
program courses as follows:
   (i) First priority shall be given to current community college
students who are eligible for resident tuition.
   (ii) Second priority shall be given to students who are eligible
for resident tuition.
   (F) (i) The district shall limit the enrollment of students funded
by the state in activity courses, as defined in Section 55041 of
Title 5 of the California Code of Regulations. An applicant district
shall not claim state apportionment funding for students who repeat
either credit courses or noncredit physical education, or visual or
performance arts courses that are part of the same sequence of
courses, unless the student is doing so to meet degree or other local
community college district requirements and is in compliance with
Section 55041 of Title 5 of the California Code of Regulations.
   (ii) This subparagraph does not apply to disabled students taking
adaptive activity courses, students participating in intercollegiate
athletics, or students with an approved educational plan majoring in
physical education or the performing arts.
   (2) The Office of the Chancellor of the California Community
Colleges, to the extent feasible, shall determine whether an eligible
community college district meets the criteria outlined in paragraph
(1) prior to its participation in the pilot program.
   (e)  For a student who is not categorically exempt from
nonresident tuition, the community college district shall charge all
statutorily authorized fees applicable to nonresident students,
including, but not limited to, fees authorized pursuant to Section
76141 or 76142, for his or her enrollment in courses offered pursuant
to the pilot program.
   (f)  The governing board of an eligible community college district
shall not expend General Fund moneys to establish and maintain the
extension program.
   (g)  (1) An extension credit course shall not supplant any course
funded with state apportionments and shall not be offered at times or
in locations that supplant or limit the offering of programs that
receive state funding or in conjunction with courses that receive
state apportionment funding. An eligible community college district
shall not reduce a state-funded course section needed by students to
achieve basic skills, workforce training, or transfer goals, with the
intent of reestablishing those course sections as part of the
extension program. The governing board of an eligible community
college district shall annually certify compliance with this
subdivision by board action taken at a regular session of the board.
   (2) For purposes of this section, "supplant" means to increase the
number of special session program course offerings and to
correspondingly decrease the number of regular course offerings at a
campus.
   (h)  A degree credit course offered as an extension course shall
meet all of the requirements of subdivision (a) of Section 55002 of
Title 5 of the California Code of Regulations, as it exists on
January 1, 2013.
   (i)  The governing board of an eligible community college district
may charge students enrolled in an extension course a fee that
covers the actual cost of the course and that is based upon the
district's nonresident fee rate for the year the course is offered.
For purposes of this subdivision, "actual cost" includes the actual
cost of instruction, necessary equipment and supplies, student
services and institutional support, and other costs of the community
college district used in calculating the costs of education for
nonresident students, including the administrative costs incurred by
the Office of the Chancellor of the California Community Colleges in
providing oversight of the pilot program.
   (j)  In order to assist in providing access to extension courses
for students eligible for the Board of Governors fee waiver,
one-third of the revenue collected pursuant to subdivision (i) shall
be used by the district to provide financial assistance to these
students. In addition to the one-third of the revenues collected, a
participating district shall supplement financial assistance with
funds from campus foundations or any other nonstate funds.
   (1) Each participating community college district shall develop a
plan for collecting and dispursing financial assistance provided
pursuant to this subdivision.
   (2) Participating districts shall include a description of the
financial assistance plan in their annual reports to the Office of
the Chancellor of the California Community Colleges in accordance
with subdivision (n). Participating districts shall report, at a
minimum, all of the following:
   (A) The number and percentage of participating students who are
receiving financial assistance.
   (B) The criteria used for determining eligibility for, and
prioritizing awards of, financial assistance for students.
   (C) Methods for communicating financial assistance information to
students.
   (D) Total amount of financial aid disbursed and the sources of the
aid.
   (E) Information on the proportion of students whose extension
program fees are subsidized with financial assistance, the percentage
of total fees that is paid by financial assistance for individual
students, with this information aggregated in ways that assist in
evaluating the consequence and equity of the financial assistance
program, and the sources of the financial assistance.
   (k)  A community college district maintaining an extension program
under this section shall make every effort to encourage broad
participation in the program and support access for students eligible
for Board of Governors fee waivers, including, but not limited to,
providing students with information about financial aid programs, the
American Opportunity Tax Credit, military benefits, scholarships,
and other financial assistance that may be available to students, as
well as working with campus foundations to provide financial
assistance for students attending extension programs. In addition,
the district shall adopt enrollment priority and student support
policies ensuring that students who are eligible for state financial
aid are not disproportionately shifted from courses that receive
state apportionment funding to courses offered under the pilot
program.
   (l) (1) Each eligible community college district participating in
the pilot program shall do both of the following:
   (A) Collect and keep records that measure student participation,
student demographics, and student outcomes in a manner consistent
with records collected by community college districts in regular
credit programs supported through state apportionments, including an
analysis of program effects, if any, on district workload and
district financial status. A community college district shall submit
this information to the Office of the Chancellor of the California
Community Colleges by October 1 of each year.
   (B) Submit a schedule of fees established pursuant to subdivision
(i) to the Chancellor of the California Community Colleges by August
1 of each year.
   (2) The chancellor shall submit all of the information provided by
community college districts pursuant to paragraph (1) to the
Legislative Analyst's Office by November 1 of each year.
   (3) (A) No later than January 1, 2017, the Legislative Analyst's
Office shall, pursuant to Section 9795 of the Government Code,
provide to the Legislature a written report that evaluates the pilot
program established by this article.
   (B) The report shall include all of the following:
   (i) Summary statistics relating to course offerings, student
enrollment, including demographic data on the students enrolled in
courses, if available, financing, student use of financial aid,
funding, and course completion rates for the pilot program.
   (ii) A determination of the extent to which the pilot program
complies with statutory requirements and the extent to which the
pilot program results in expanded access for students.
   (iii) An assessment of the effect of the pilot program on the
availability of, and enrollment in, courses that receive state
apportionment funding, with particular attention to the demographic
makeup and financial aid status of students enrolled in those
courses.
   (iv) Recommendations as to whether the pilot program should be
extended, expanded, or modified. In making recommendations, the
Legislative Analyst's Office shall consider alternative approaches
that might achieve the goal of expanded access without increasing
state funding.
   (m)  Courses offered by the extension program established and
maintained under this section may only be offered during summer and
winter intersessions.
   (n) (1) No later than March 31, 2014, the Board of Governors of
the California Community Colleges shall adopt reporting requirements
for the pilot program that conform with the requirements of Article 2
(commencing with Section 84030) of Chapter 1 of Part 50, and the
information reported shall be included in the annual audit process.
   (2) An eligible community college district that fails to comply
with the requirements established by the Board of Governors of the
California Community Colleges for the pilot program pursuant to
paragraph (1) or no longer meets the criteria set forth in
subdivision (d) shall be ineligible for participation in the pilot
program.
  SEC. 2.  Section 89708 of the Education Code is amended to read:
   89708.  (a)  Tuition     Except as
provided in subdivision (c), tuition  fees adequate, in the long
run, to meet the cost of maintaining special sessions in the
California State University shall be required of, and collected from,
students enrolled in each special session under and pursuant to
rules and regulations prescribed by the trustees.
   (b)  (1)    "Special sessions," as used in this
division, means self-supporting instructional programs conducted by
the California State University. The special sessions shall include,
but not be limited to, career enrichment and retraining programs. It
is the intent of the Legislature that those programs, currently
offered on a self-supporting basis by the California State University
during summer sessions, may be provided throughout the year, and
shall be known as special sessions. 
   (2) The offering of a self-supporting special session course shall
not supplant a course offering available on a state-supported basis
during the regular academic year, including summer and winter
intersessions.  
   (3) For the purposes of this section, a special session course
"supplants" a state-supported course when a matriculated student is
required to take a more expensive special session course to graduate
because a state-supported section of that course is unavailable
either because the state-supported course is not offered that term or
because all state-supported sections are full at the student's
campus.  
   (c) To the extent possible, each campus shall ensure that any
course required as a condition of degree completion shall be offered
as a state-supported course. A matriculated student who is required
to take a special session course to graduate because a
state-supported section of that course is unavailable at the student'
s campus shall pay the lesser of the state-supported section and
special session course fee. In complying with this subdivision, the
campus shall ensure that general fund money is not used to support a
special session program, section, or course to the extent possible.
 
   (c) A course offering at a special session program at a campus
shall not supplant a regular course offering that receives state
funding.  
   (d)  Officials  
   (d) Officials of a campus shall not reduce the number of
state-supported section course offerings while increasing the number
of offerings of the self-supporting version of that course. 
    (e)     Officials  of a campus shall
not offer special session programs at that campus at times or in
locations that limit the number of regular course offerings that
receive state funding. 
   (f) The number of special session sections of any individual
course, including online courses, shall not exceed the number of
state-supported sections of that course at a campus.  
   (g) With approval from the Chancellor's office, a campus may add a
self-supporting section of a state-supported degree program course
so long as:  
   (1) The campus has made the determination that state resources are
inadequate to provide for additional state-supported sections. 

   (2) There is no corresponding reduction in the number of
state-supported sections on that campus.  
   (3) There is still sufficient demand to sustain both the
state-supported and the self-supporting course sections.  
   (4) The self-supporting section or sections comply with all
applicable state laws and systemwide and campus policies. 

   (e)  The 
    (h)     The chancellor shall provide
guidance to the campuses regarding how to comply with this section.
The  trustees shall annually certify compliance with this
section at a regular meeting of the board  and shall transmit
that certification to the Legislature no later than June 30 of each
academic year  . 
   (f) For purposes of this section, "supplant" means to increase the
number of special session program course offerings and to
correspondingly decrease the number of regular course offerings at a
campus. 
   SEC. 3.    It is the intent of the Legislature that
the California State University provide core curriculum through
state-supported academic programs, that a matriculated student of the
California State University is entitled to a postsecondary education
within the bounds of a state-supported tuition and fee structure,
and that a campus of the California State University shall not
require a student to enroll in a special session program, section, or
course in order to receive his or her postsecondary education in a
timely manner.