BILL NUMBER: SB 338 CHAPTERED
BILL TEXT
CHAPTER 786
FILED WITH SECRETARY OF STATE OCTOBER 11, 2003
APPROVED BY GOVERNOR OCTOBER 10, 2003
PASSED THE SENATE SEPTEMBER 8, 2003
PASSED THE ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN ASSEMBLY AUGUST 26, 2003
AMENDED IN ASSEMBLY JULY 15, 2003
AMENDED IN ASSEMBLY JULY 2, 2003
AMENDED IN SENATE MAY 8, 2003
AMENDED IN SENATE APRIL 21, 2003
INTRODUCED BY Senator Scott
FEBRUARY 19, 2003
An act to amend Sections 48800, 48800.5, 48802, 76001, and 76002
of the Education Code, relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 338, Scott. Concurrent enrollment of pupils in high school and
community college.
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.
Existing law authorizes the governing board of a school district
to authorize pupils, with parental permission, who would benefit from
advanced scholastic or vocational work to attend community college
as special part-time students to undertake one or more courses of
instruction at the community college level. Existing law authorizes
the parent or guardian of a pupil to petition the governing board of
a school district to authorize the attendance of the pupil at a
community college as a full-time student on the ground that the pupil
would benefit from advanced scholastic or vocational work. Existing
law further authorizes the governing board of a community college to
admit those students to any community college under its
jurisdiction.
Existing law authorizes a community college district, for the
purposes of receiving state apportionments, to include special
part-time and full-time students in the district's report of
full-time equivalent students if those pupils are enrolled in
community college classes that are open to the general public.
This bill would require those courses to meet several additional
criteria in order for the community college district to include the
students in the district's report of full-time equivalent students.
The bill would authorize the governing board of a community
college district to restrict admissions and enrollment of special
part-time and full-time students during any session based on
specified criteria.
The bill would require the Chancellor of the California Community
Colleges to report to the Department of Finance and the Legislature,
on or before March 1, 2004, and March 1 of each year thereafter, on
the amount of full-time equivalent students claimed by each community
college district for special part-time and full-time students.
The bill would, in addition, revise and recast provisions relating
to concurrent enrollment.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48800 of the Education Code is amended to read:
48800. (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational
enrichment opportunities for a limited number of eligible pupils,
rather than to reduce current course requirements of elementary and
secondary schools. The governing board may authorize those pupils,
upon recommendation of the principal of the pupil's school of
attendance, and with parental consent, to attend a community college
during any session or term as special part-time or full-time students
and to undertake one or more courses of instruction offered at the
community college level.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for any
session or term for a pupil who is identified as highly gifted, the
board shall issue its written recommendation and the reasons for the
denial within 60 days. The written recommendation and denial shall
be issued at the next regularly scheduled board meeting that falls at
least 30 days after the request has been submitted.
(c) The students shall receive credit for community college
courses that they complete at the level determined appropriate by the
school district and community college district governing boards.
(d) (1) The principal of a school may only recommend a pupil for
community college summer session if that pupil meets all of the
following criteria:
(A) Demonstrates adequate preparation in the discipline to be
studied.
(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
(2) For any particular grade level, a principal may not recommend
for community college summer session attendance more than 5 percent
of the total number of pupils who completed that grade immediately
prior to the time of recommendation.
(3) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this subdivision may not be
waived.
SEC. 2. Section 48800.5 of the Education Code is amended to read:
48800.5. (a) A parent or guardian of a pupil, regardless of the
pupil's age or class level, may petition the governing board of the
school district in which the pupil is enrolled to authorize the
attendance of the pupil at a community college as a special full-time
student on the ground that the pupil would benefit from advanced
scholastic or vocational work that would thereby be available. If
the governing board denies the petition, the pupil's parent or
guardian may file an appeal with the county board of education, which
shall render a final decision on the petition in writing within 30
days.
(b) A pupil who attends a community college as a special full-time
student pursuant to this section is exempt from compulsory school
attendance under Chapter 2 (commencing with Section 46100) of Part
26.
(c) A parent or guardian of a pupil who is not enrolled in a
public school may directly petition the president of any community
college to authorize the attendance of the pupil at the community
college as a special part-time or full-time student on the ground
that the pupil would benefit from advanced scholastic or vocational
work that would thereby be available.
(d) Any pupil authorized to attend a community college as a
special full-time student shall, nevertheless, be required to
undertake courses of instruction of a scope and duration sufficient
to satisfy the requirements of law.
(e) For purposes of allowances and apportionments from the State
School Fund, a community college shall be credited with additional
units of average daily attendance attributable to the attendance of
special full-time students at the community college.
SEC. 3. Section 48802 of the Education Code is amended to read:
48802. (a) For purposes of allowances and apportionments from
Section B of the State School Fund, a community college shall be
credited with additional units of average daily attendance
attributable to the attendance of pupils at the community college as
special part-time students pursuant to this article and as set forth
in Section 76002.
(b) A school district whose pupils attend a community college as
special part-time students pursuant to this article shall, for
purposes of allowances and apportionments from Section A of the State
School Fund, continue to receive credit for attendance by those
pupils computed in the manner prescribed by law, and a pupil's
attendance at school for the minimum schoolday shall be deemed a day
of attendance for purposes of making the computation.
SEC. 4. Section 76001 of the Education Code is amended to read:
76001. (a) The governing board of a community college district
may admit to any community college under its jurisdiction as a
special part-time or full-time student in any session or term any
student who is eligible to attend community college pursuant to
Section 48800 or 48800.5.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for a pupil
who is identified as highly gifted, the board shall record its
findings and the reasons for denial of the request in writing within
60 days. The written recommendation and denial shall be issued at
the next regularly scheduled board meeting that falls at least 30
days after the request has been submitted.
(c) The attendance of a pupil at a community college as a special
part-time or full-time student pursuant to this section is authorized
attendance, for which the community college shall be credited or
reimbursed pursuant to Sections 48802 and 76002. Credit for courses
completed shall be at the level determined to be appropriate by the
school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may
enroll in up to, and including, 11 units per semester, or the
equivalent thereof, at the community college.
SEC. 5. Section 76002 of the Education Code is amended to read:
76002. (a) For the purposes of receiving state apportionments, a
community college district may include high school pupils who attend
a community college within the district pursuant to Sections 48800
and 76001 in the district's report of full-time equivalent students
(FTES) only if those pupils are enrolled in community college classes
that meet all of the following criteria:
(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in
one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda to the college catalog or regular schedule of
classes.
(B) If a decision to offer a class on a high school campus is made
after the publication of the regular schedule of classes, and the
class is solely advertised to the general public through electronic
media, the class shall be so advertised for a minimum of 30
continuous days prior to the first meeting of the class.
(3) If the class is offered at a high school campus, the class may
not be held during the time the campus is closed to the general
public, as defined by the governing board of the school district
during a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10
percent of its enrollment may be comprised of special part-time or
full-time students. A community college district may not receive
state apportionments for special part-time and full-time students
enrolled in physical education courses in excess of 5 percent of the
district's total reported full-time equivalent enrollment of special
part-time and full-time students.
(b) The governing board of a community college district may
restrict the admission or enrollment of a special part-time or
full-time student during any session based on any of the following
criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment
methods and procedures established pursuant to Chapter 2 (commencing
with Section 78210) of Part 48 and regulations adopted by the Board
of Governors of the California Community Colleges.
(c) The Chancellor of the California Community Colleges shall
prepare and submit to the Department of Finance and the Legislature,
on or before March 1, 2004, and March 1 of each year thereafter, a
report on the amount of FTES claimed by each community college
district for special part-time and special full-time students for the
preceding academic year in each of the following class categories:
(1) Noncredit.
(2) Nondegree-applicable.
(3) Degree-applicable, excluding physical education.
(4) Degree-applicable physical education.
(d) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section.