Bill Text: CA AB359 | 2023-2024 | Regular Session | Enrolled
Bill Title: Pupil instruction: dual enrollment: College and Career Access Pathways partnerships.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-09-27 - Vetoed by Governor. [AB359 Detail]
Download: California-2023-AB359-Enrolled.html
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Enrolled
September 03, 2024 |
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Passed
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Senate
August 28, 2024 |
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Passed
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Assembly
August 29, 2024 |
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Amended
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August 23, 2024 |
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Amended
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May 30, 2024 |
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Amended
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Senate
May 16, 2024 |
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Amended
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Assembly
January 22, 2024 |
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Amended
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Assembly
January 03, 2024 |
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Amended
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January 03, 2024 |
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Amended
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March 06, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 359
| Introduced by Assembly Member Holden (Coauthor: Assembly Member Muratsuchi) |
February 01, 2023 |
An act to amend Section 76004 of the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 359, Holden.
Pupil instruction: dual enrollment: College and Career Access Pathways partnerships.
Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district, a county office of education, or the governing body of a charter school for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, as provided.
This bill would instead authorize the governing board of a community college district to enter into a CCAP partnership with the governing board of a school district, a county office of education, or the governing body of a charter school for the purpose of offering or expanding dual enrollment opportunities for all pupils, and would require that enrollment in, and pupil outreach for, CCAP partnerships be
prioritized for pupils who may not already be college bound or who are underrepresented in higher education.
Existing law prohibits a community college district from entering into a CCAP partnership with a school district, county office of education, or charter school within the service area of another community college district except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
This bill would instead authorize a community college district to enter into a CCAP partnership with the governing board of a school district, a county office of education, or the governing body of a charter school within the service area of another community college district under specified conditions, including if the governing board of the community college district has denied in writing a request letter to establish a CCAP partnership.
This bill would require, commencing with the 2030–31 academic year, a CCAP partnership agreement to certify that a pupil shall receive credit for any community college courses that the pupil completes if the course is part of a memorandum of understanding between the governing board of the school district, a county office of education, or the governing body of a charter school and a community college district and the course meets specified requirements, as provided. The bill would require that a CCAP partnership agreement contain a requirement for courses to be offered if an agreed upon minimum number of high school students are enrolled in a given academic year.
Existing law authorizes a community college district to allow a special part-time student participating in a CCAP partnership agreement to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high
school campus if certain circumstances are satisfied, including that the units constitute no more than 4 community college courses per term.
This bill would eliminate the 4 community college courses per term limit for a special part-time student enrolling in up to 15 units under a CCAP partnership agreement.
Existing law requires, for each CCAP partnership agreement, the affected community college district and school district, county office of education, or charter school to annually report specified information to the office of the Chancellor of the California Community Colleges, including the total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants.
This bill would instead require the affected community college district and school district, county office of education, or charter school to annually
report the total number of high school pupils who successfully completed 12 or more units of college coursework by graduation, completed a certificate, or completed the courses required for an associate degree or an associate degree for transfer.
This bill would additionally revise or eliminate several requirements related to CCAP partnership agreements, including, among other things, (1) eliminating a requirement to consult with, and consider the input of, the appropriate local workforce development board for career technical education pathways provided under a partnership, and (2) eliminating a requirement that a CCAP partnership agreement certify that any pretransfer-level course taught by a community college faculty at a partnering high school campus is offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both.
This bill would require, to the extent these provisions
conflict with any provision of a CCAP partnership agreement entered into by a community college district and the governing board of a school district, charter school, or county office of education on or before January 1, 2025, those agreements to be amended to comply with the bill’s requirements by the start of the 2030–31 academic year.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Dual enrollment is an equity-based solution to increasing a college-attending culture for pupils across the state.
(b) Data has demonstrated dual enrollment programs increase postsecondary degree attainment, therefore increasing dual enrollment opportunities will help achieve the Governor’s goal of 70 percent postsecondary degree and certificate attainment among working-aged Californians by 2030.
(c) According to the Public Policy Institute of California, pupils who participate in a college and career access pathway complete gateway transfer-level
mathematics and English courses at a higher rate than pupils who did not participate in dual enrollment programs.
(d) In 2022, the Governor issued a roadmap with terms and conditions that the community colleges must comply with through the 2026–27 fiscal year. The Governor included two goals related to dual enrollment, as follows:
(1) Increase the percentage of elementary and secondary education pupils who graduate with 12 or more college units earned through dual enrollment by 15 percent.
(2) Close equity gaps in access to dual enrollment programs.
(e) To fulfill the goals outlined in the Governor’s community college roadmap, it is the intent of the Legislature to reform dual enrollment programs in California in order to accomplish both of the
following:
(1) Close equity gaps in access and successful outcomes for elementary and secondary education pupils.
(2) Have every community college district provide dual enrollment opportunities for elementary and secondary education pupils.
(f) By 2030, every elementary and secondary pupil who graduates in California shall have the opportunity to have earned 12 or more college units.
SEC. 2.
Section 76004 of the Education Code is amended to read:76004.
Notwithstanding Section 76001 or any other law:(a) (1) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district, a county office of education, or the governing body of a charter school, for the purpose of offering or expanding dual enrollment opportunities for all pupils, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. Enrollment in, and pupil outreach for, CCAP partnerships shall be prioritized for pupils who may not already be college bound or who are
underrepresented in higher education.
(2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.
(3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children.
(b) A participating community college district may enter into a CCAP partnership with a school district, county office of education, or charter school partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP
partnership agreement, the governing board of each partner shall present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.
(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, and shall include, but not be limited to, a listing of the community college courses to be offered. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form for the duration of the pupil’s participation in the CCAP partnership. The protocols shall authorize a pupil to complete
one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement.
(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district, county office of education, or charter school partner.
(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor or the Superintendent of Public Instruction may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP partnership shall not provide
physical education course opportunities to high school pupils pursuant to this section, or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e) A community college district may enter into a CCAP partnership with the governing board of a school district, a county office of education, or the governing body of a charter school within the service area of another community college district if either of the following conditions are met:
(1) The governing board of the school district, the county office of education, or the governing body of the charter school has sent a request letter to the governing board of the community college district requesting to establish a CCAP partnership and the request letter has been denied in writing.
(2) The governing
board of the school district, the county office of education, or the governing body of the charter school has sent a request letter to the chief executive office of the community college district requesting to establish a CCAP partnership and at least 60 days have passed since the initial request without a written response from the chief executive office of the community college district.
(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g) (1) A community college district participating in a CCAP partnership shall assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college
high school as described in Section 11300 and consistent with the middle college high school provisions in Section 76001.
(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college.
(h) The CCAP partnership agreement shall certify 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 convicted of any controlled substance offense as defined in Section 87011.
(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher
teaching the same course on that high school campus.
(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure that participation in a CCAP partnership is consistent with the core mission of the community colleges, as described in Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college district.
(l) The CCAP partnership agreement shall
certify that both the school district, county office of education, or charter school and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course.
(m) The CCAP partnership agreement shall specify both of the following:
(1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n) (1) A community college district may limit enrollment in a community college course solely
to high school pupils if the course is offered either in person at a high school or community college campus, or using an online format, either synchronous or asynchronous, and the community college course is offered pursuant to a CCAP partnership agreement. The board of governors shall adopt regulations to ensure that asynchronous online courses that are part of the CCAP partnership are offered with appropriate student supports.
(2) For purposes of this subdivision, the following definitions apply:
(A) “Synchronous” means classroom-style instruction or designated small group or one-on-one instruction delivered in the form of internet or telephonic communications, and involving live two-way communication between the teacher and pupil.
(B) “Asynchronous” means a program in which a pupil and teacher interact using
online resources, including, but not limited to, discussion boards, websites, and email. However, the pupil and teacher need not necessarily be online at the same time.
(3) 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 pursuant to paragraph (1) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(4) It is the intent of the Legislature that courses offered pursuant to a CCAP partnership agreement shall be primarily in-person courses and that online formats should only be offered if an in-person course is not available.
(o) (1) The CCAP partnership agreement shall contain a requirement for courses to
be offered if an agreed upon minimum number of high school students are enrolled in a given academic year.
(2) It is the intent of the Legislature that community colleges shall offer courses included in CCAP partnerships regardless of the number of high school students who enroll in a given academic year.
(p) (1) Commencing with the 2030–31 academic year, a CCAP partnership agreement shall certify that a pupil shall receive credit for any community college courses that the pupil completes if the course is part of a memorandum of understanding between the governing board of the school district, a county office of education, or the governing body of the charter school and a community college district pursuant to subdivision (a), and the course is either of the following:
(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 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.
(2) For courses that do not meet the requirements of paragraph (1), a pupil shall receive credit for a community college course that the pupil completes at the level determined appropriate by the governing board of the school district, the county office of
education, or the governing body of the charter school and the governing board of the community college district.
(q) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus, if both of the following circumstances are satisfied:
(1) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(2) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(r) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(s) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus.
(t) A district, county office of education, or charter school shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or
shall be, paid an allowance or apportionment.
(u) (1) The attendance of a high school 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, county office of education, or charter school has received reimbursement for the same instructional activity.
(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be
offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.
(v) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district, county office of education, or charter school shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A) The total number of high school pupils enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B) The total number of
high school pupils who successfully completed 12 or more units of college coursework by graduation, completed a certificate, or completed the courses required for an associate degree or an associate degree for transfer.
(C) The total number and percentage of successful course completions, by course category and type, of CCAP partnership participants.
(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants.
(2) On or before May 1 of each year, the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a
report of that information 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.
(w) A community college district that violates this article, including, but not limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(x) To the extent that this section conflicts with any provision of a CCAP partnership agreement entered into by a community college district and the governing board of a school district, a county office of education, or the governing body of a
charter school on or before January 1, 2025, those agreements shall be amended to comply with this section by the start of the 2030–31 academic year.
(y) It is the intent of the Legislature that all dual enrollment programs, except for early college high schools and middle college high schools, comply with this section by the 2030–31 academic year.
(z) This section does not affect a dual enrollment partnership agreement existing on January 1, 2016, under which an early college high school, a middle college high school, or a California Career Pathways Trust existing on January 1, 2016, is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016, shall not operate as a CCAP partnership unless it complies with this section.
