Bill Text: CA SB730 | 2013-2014 | Regular Session | Amended
Bill Title: School districts: pupil attendance at community college.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB730 Detail]
Download: California-2013-SB730-Amended.html
BILL NUMBER: SB 730 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Hancock
FEBRUARY 22, 2013
An act to amend Sections 76001 and 76300 of, and to add
Section 11302 48803 to ,
the Education Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 730, as amended, Hancock. School districts: middle
college high schools. pupil attendance at community
college.
Under existing law, the Legislature declares that the goal of the
middle college high school is to select at-risk high school pupils
who are performing below their academic potential and place them in
an alternative high school located on a community college campus in
order to reduce the likelihood that the pupils will drop out of
school before graduation. Existing law requires the California
Community Colleges and the State Department of Education to
collaborate with each other and their respective local community
colleges and local school districts to ensure the continued success
of existing middle college high schools and to promote the
establishment of new middle college high schools.
Existing law authorizes the governing board of a community college
district to 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
authorization given by the governing board of a school district, as
specified.
This bill would, as a condition of participation in the
middle college high school program, require
would authorize the governing board of a community college
district to enter into a formal partnership with a school district or
school districts located within the service area of the community
college district in order to provide high school pupils with
specified academic opportunities. The bill would require the
a partnership agreement entered into under
the bill to outline the terms
scope and nature of the partnership and authorize
the partnership agreement to include other terms . The
bill would authorize the governing board of a community college
district participating in a middle college high school
partnership program to exempt pupils from
enrollment fees for services ,
as specified, and to assign a higher enrollment priority
to middle college high school pupils. a
student participating in a partnership program if that course is
required for the student's program of study. The bill would also make
conforming changes. The bill would require a
community college district and school district that enter into a
partnership agreement to provide for an independent evaluation of the
partnership and would require the evaluation, which would include
specified information, to be presented to the Chancellor of the
California Community Colleges and the State Department of Education,
on or before January 1, 2017. By requiring a district that
participates in the middle college high school program on the
effective date of this act to either enter into a partnership
agreement or unwind an ongoing program, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11302 48803 is
added to the Education Code, to read:
11302. 48803. (a) The governing
board of a community college district may enter into a formal
partnership agreement with a school district or school districts
located within the service area of the community college district in
order to provide high school pupils with the opportunity to benefit
from all of the following:
(1) Advanced scholastic courses.
(2) Career-technical pathway courses.
(3) Vocational courses.
(4) Basic skills remediation courses.
(5) High school exit examination preparation.
(6) College preparation.
(7) English as a second language courses.
(8) Courses designed to prevent pupils from dropping out of
school, including an alternative high school pursuant to
this chapter. school.
(b) (1) As a condition of participation in the middle college high
school program, a community college district shall enter into a
partnership agreement with each school district partner.
(2) The
(b) A partnership agreement
entered into under this section shall outline the
terms of the partnership and may include, but is not necessarily
limited to, all of the following: scope and nature of
the partnership as a contract education program or other cohort
program.
(A) The scope and nature of the partnership as a fully established
middle college high school or contract education program.
(B) The funding mechanisms and transfer of apportionments from the
school district to the community college district for additional
pupil services.
(C) Enrollment fees.
(D) Fee waivers.
(E) Processes for sharing information, including information
related to pupils.
(c) (1) The governing board of a community college district that
is a party to a partnership agreement may, in whole or in part,
exempt pupils from fees for services, including, but not limited to,
fees charged pursuant to Section 66060, 76060.5, 76223, or 79121, or
Article 2 (commencing with Section 76350) of Chapter 2 of Part 47 of
Division 7 of Title 3.
(2) Pursuant to paragraph (2) of subdivision (e) of Section 76001,
the
(c) The governing board of a community college district
participating in a partnership program pursuant to this section may,
in whole or in part, exempt special part-time or full-time students
taking more than 11 units per semester from the fee required by
Section 76300.
(d) The governing board of a
community college district that is a party to a partnership agreement
may assign a higher enrollment priority to pupils attending
a middle college high school a student participating
in a partnership program as described in this chapter
section if that course is required for the student's
program of study .
(3) A pupil participating in a cohort pursuant to this chapter may
attend and earn college course credit and precollegiate credit
either at his or her middle college high school or at the
participating community college.
(d) If a community college district enters into a partnership
agreement with a school district pursuant to this section, the
community college district and school district shall provide for an
independent evaluation of the partnership. On or before January 1,
2017, the independent evaluation shall be provided to the Chancellor
of the California Community Colleges and the department. The
independent evaluation shall include, but is not limited to, all of
the following:
(1) Recommendations for the improvement of, and issues related to,
admitting middle college high school pupils, enrolling middle
college high school pupils, and course priority provided to middle
college high school pupils.
(2) A review and analysis of the partnership, including, but not
limited to, the number of pupils participating in each cohort, the
number of pupils who continue in the middle college high school
program in the following school year, and other indicators of pupil
success.
SEC. 2. 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 , or
48803 .
(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 , and except as provided in
subdivision (c) of Section 48803 , 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, if the
student is seeking to enroll in a community college course that is
required for the student's middle college high school program.
SEC. 3. Section 76300 of the Education
Code , as amended by Section 2 of Chapter 624 of the
Statutes of 2012, is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement. However, the governing board of a community
college district participating in a partnership program pursuant to
Section 48803 may, in whole or in part, exempt special part-time or
full-time students taking more than 11 units per semester from the
fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
