Bill Text: CA AB359 | 2023-2024 | Regular Session | Amended

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

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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-Amended.html

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Amended  IN  Assembly  January 03, 2024

Amended  IN  Assembly  March 06, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 359

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Introduced by Assembly Member Holden

February 01, 2023

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An act to add Section 76004.1 to the Education Code, relating to pupil instruction. An act to amend Section 76004 of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL'S DIGEST

AB 359, as amended, 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 that 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.

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 within the local service area has denied a request to establish a CCAP partnership.

This bill would require, commencing with the 2025–26 academic year, a CCAP partnership agreement to certify that any community college course taken by a high school pupil pursuant to the CCAP partnership provides the pupil with dual credit from both the community college and the high school the pupil attends. The bill would require the State Board of Education and the Board of Governors of the California Community Colleges to adopt regulations for the application of college courses, including career technical education courses, towards high school graduation requirements and college admissions requirements, as provided.

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.

This bill would instead require the chancellor’s office to annually collect the information for each CCAP partnership agreement, and would revise the information to be collected.

This bill would additionally revise and delete several requirements related to CCAP partnership agreements, including, among other things, (1) deleting the requirement to consult with, and consider the input of, the appropriate local workforce development board for career technical education pathways provided under a partnership, (2) deleting the prohibition on a community college district providing physical education course opportunities to high school pupils pursuant to a CCAP partnership, (3) deleting the requirement that a CCAP partnership agreement certify that any community college instructor teaching a course at a partnering high school campus has not displaced or resulted in the termination of an existing high school teacher, or that a 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, and (4) deleting the 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 these requirements by the start of the 2025–26 academic year.

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 require the State Department of Education to enter into a contract with the governing board of a school district, county office of education, or consortium of county offices of education, and would require the office of the Chancellor of the California Community Colleges to enter into a contract with the governing board of a community college district, for purposes of providing technical support and services for CCAP partnerships, as specified. The bill would require the contracted entities to annually submit a report to the Legislature, the chancellor’s office, the Superintendent of Public Instruction, and the Department of Finance that includes, among other requirements, the support and services provided for CCAP partnerships pursuant to these provisions. The bill would make the implementation of these provisions contingent upon an appropriation by the Legislature for these purposes.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill 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 or district, a county office of education 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, 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 or district, county office of education 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 do both of the following: 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.

(1)For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.

(2)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, the total number of high school pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; the scope, nature, time, location, and a listing of the community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. 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 and principal recommendation 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 or district, county office of education 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 shall not enter into a CCAP partnership with a school district or a county office of education 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.

(d) 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 one 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 within the local service area requesting to establish a CCAP partnership and the request letter has been denied.

(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 governing board of the community college district within the local service area requesting to establish a CCAP partnership and at least 60 days have passed since the initial request without a response from the governing board of the community college district.

(3) The community college district within the service area of the governing board of the school district, the county office of education, or the governing body of the charter school refuses to offer courses or pathways in subjects requested by the partnering school district, county office of education, or charter school.

(f)

(e) 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)

(f) (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)

(g) 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)

(h) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following: 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.

(1)A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.

(2)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.

(l)

(i) The CCAP partnership agreement shall certify that both the school district or district, county office of education 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 offered for high school credit. course.

(m)

(j) 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)The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupil’s junior or senior year to ensure that the pupil is prepared for college-level work upon graduation.

(o)

(k) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered either in person at a high school or community college campus, either in person or using an online platform, during the regular schoolday or using an online modality, 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 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.

(3) If a community college district offers a course solely to high school pupils pursuant to paragraph (1), the community college shall not withdraw the course if a minimum of five students have enrolled.

(l) (1) Commencing with the 2025–26 academic year, a CCAP partnership agreement shall certify that any community college course taken by a high school pupil pursuant to the CCAP partnership shall provide the pupil with dual credit from both the community college and the high school the pupil attends.

(2) The State Board of Education and the board of governors shall adopt regulations for the application of college courses, including career technical education courses, towards high school graduation requirements, as defined in Section 51225.3, and the A–G requirements for admission to the California State University and the University of California.

(3) It is the intent of the Legislature that the same weighted grade point average provided for Advanced Placement courses apply to community college community college courses offered pursuant to the CCAP partnership agreement.

(p)

(m) 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 all of the following circumstances are satisfied:

(1) The units constitute no more than four community college courses per term.

(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.

(3) 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.

(q)

(n) 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.

(r)

(o) 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.

(s)A district or county office of education 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.

(t)

(p) (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 or district, county office of education 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.

(u)

(q) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges shall annually collect all of the following information:

(A) The total number of high school pupils by schoolsite 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 community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants.

(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 and by schoolsite, 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 collected 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.

(3)The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.

(4)On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow 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.

(v)

(r) 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.

(s) 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 2025–26 academic year.

(t) 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 2025–26 academic year.

(w)

(u) 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.

(x)The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.

SECTION 1.

The Legislature finds and declares all of the following:

(a)Dual enrollment is an equity-based approach that allows high school pupils who are not historically represented in institutions of higher education the opportunity to take college courses.

(b)Dual enrollment equity gaps among racial and ethnic subgroups are smaller in courses that enroll only high school pupils.

(c)All California community colleges offer some form of dual enrollment.

(d)More than 112,000 high school pupils in the 2019–20 graduating class participated in dual enrollment programs, an increase of 56 percent from the 2015–16 high school graduating class according to the Public Policy Institute of California.

SEC. 2.Section 76004.1 is added to the Education Code, to read:

76004.1.

(a)As used in this section, the following definitions apply:

(1)“CCAP partnership” means a College and Career Access Pathways partnership established pursuant to Section 76004 of the Education Code.

(2)“Local educational agency” means a school district, county office of education, or charter school.

(b)(1)(A)The department shall enter into a contract with the governing board of a school district, county office of education, or consortium of county offices of education to perform the activities described in subdivision (d).

(B)The contracted school district or county office of education shall focus its efforts on school districts or county offices of education that have an existing CCAP partnership, or school districts or county offices of education that may enter into a CCAP partnership, with a community college district.

(2)When performing the activities specified in subdivision (d), a contracted school district, county office of education, or consortium of county offices of education may enter into appropriate contracts for support and services.

(c)(1)(A)The office of the Chancellor of the California Community Colleges shall enter into a contract with the governing board of a community college district to perform the activities described in subdivision (d).

(B)The contracted community college district shall focus its efforts on community colleges that have established or may enter into a CCAP partnership with a school district or county office of education.

(2)When performing the activities specified in subdivision (d), the contracted community college district may enter into appropriate contracts for support and services.

(d)Funds appropriated for this section shall be used for all of the following:

(1)To identify best practices in providing CCAP partnerships to encourage more local educational agencies and community college districts to participate in CCAP partnerships.

(2)To provide professional development and regional trainings for teachers, faculty administrators, and paraprofessionals to support the establishment of CCAP partnerships.

(3)To develop a statewide pupil- and parent-centered communication and marketing strategy in order to increase the visibility of CCAP partnerships.

(4)To provide access to an online repository of resources to support CCAP partnerships.

(5)To provide technical assistance to local educational agencies and community college districts that participate in CCAP partnerships.

(e)The contracted school district, county office of education, or consortium of county offices of education pursuant to subdivision (b) and the contracted community college district pursuant to subdivision (c) shall annually submit a report to the Legislature, consistent with Section 9795 of the Government Code, the chancellor’s office, the Superintendent, and the Department of Finance that includes the activities performed pursuant to subdivision (d). The report shall include all of the following:

(1)The number of CCAP partnerships established due to the technical supports provided pursuant to subdivision (d).

(2)The number of CCAP partnerships that received technical supports provided pursuant to subdivision (d).

(3)Identification of any barriers in establishing CCAP partnerships throughout the state.

(4)A description of the communication and marketing strategy provided pursuant to subdivision (d).

(f)The implementation of this section shall be contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for these purposes.