BILL NUMBER: AB 2615 CHAPTERED 08/30/04 CHAPTER 349 FILED WITH SECRETARY OF STATE AUGUST 30, 2004 APPROVED BY GOVERNOR AUGUST 27, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 PASSED THE SENATE JULY 12, 2004 AMENDED IN SENATE JUNE 16, 2004 AMENDED IN SENATE JUNE 2, 2004 AMENDED IN SENATE MAY 19, 2004 INTRODUCED BY Committee on Higher Education (Liu (Chair), Jackson, Lowenthal, Matthews, Nakanishi, and Negrete McLeod) FEBRUARY 20, 2004 An act to amend Sections 71020 and 78032 of, to repeal Section 66755 of, and to repeal Chapter 14.8 (commencing with Section 67359.10) of Part 40 of, the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2615, Committee on Higher Education. Public postsecondary education. (1) Existing law authorizes a student who is enrolled at a campus of the California Community Colleges, the California State University, or the University of California and who meets certain requirements, to enroll, without formal admission, in a maximum of one course per academic term at a campus of either of the other public segments of higher education, on a space-available basis, at the discretion of the appropriate campus authorities on both campuses. Existing law requires the California Community Colleges, the California State University, and the University of California, to evaluate cross-enrollment and report its findings to the California Postsecondary Education Commission on or before June 30, 2002. Existing law requires the California Postsecondary Education Commission to prepare its own report based on the first report and submit that report, with recommendations, to the Governor and the Legislature on or before December 1, 2002. This bill would repeal those obsolete reporting provisions. (2) Existing law, known as the Archie-Hudson and Cunneen School Technology Revenue Bond Act, authorizes the California School Finance Authority to issue bonds to finance, among other things, the establishment of computer-based networks and telecommunications systems for instructional purposes by the University of California, the California State University, and the California Community Colleges. This bill would repeal the act, but would provide that the repeal would not impair the obligation of bonds issued and sold under the act prior to January 1, 2005, and would require public officers and agencies to continue to perform those obligations as if the act had not been repealed. (3) Existing law establishes the Board of Governors of the California Community Colleges, and specifies the duties of the board of governors with respect to the management, administration, and control of community colleges. Among other things, existing law requires the board of governors to develop and submit to the Governor, every 3 years, a diversity paper concerning its own membership, providing the board's assessment of its role in statewide representation of minorities, women, and the disabled. This bill would require that the diversity paper also be submitted to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (4) Existing law authorizes the board of governors to impose restrictions on interdistrict attendance at a community college district if the board finds that any of several specified conditions exist with respect to that district. Existing law also authorizes the board of governors to retain in any fiscal year up to 5% of the apportionment of a community college district that is found to violate the provisions relating to interdistrict attendance. Existing law further requires the board of governors to annually report to the Legislature and the Governor regarding any restrictions the board imposes under this provision, statistical information relating to interdistrict attendance, and any retention of funds it undertakes pursuant to these provisions. This bill would delete the requirement of the annual report. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66755 of the Education Code is repealed. SEC. 2. Chapter 14.8 (commencing with Section 67359.10) of Part 40 of the Education Code is repealed. SEC. 3. Section 71020 of the Education Code is amended to read: 71020. Commencing on July 1, 1989, and every three years thereafter, the board of governors shall develop, and submit to the Governor and the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education, a diversity paper concerning its own membership. The diversity paper shall provide the board's assessment of its role in statewide representation of minorities, women, and the disabled. SEC. 4. Section 78032 of the Education Code is amended to read: 78032. (a) Notwithstanding Section 78031, the Board of Governors of the California Community Colleges may, pursuant to a finding that one or more of the following concerns in any community college district requires the restriction of interdistrict attendance, impose one or more restrictions upon interdistrict attendance with regard to that district as it deems necessary: (1) Protection of the financial health of the district, and of educational program integrity, including, but not limited to, maintenance of the appropriate quality and scope of student educational opportunity. (2) The need to avoid overcrowding, in light of the available space in the district. (3) The priority that resident students not be displaced by students who do not reside in the district. (4) The avoidance of any serious disruption in the ethnic balance of the student population of any affected district. (b) No restriction adopted under subdivision (a) shall apply for a period of longer than two years, absent additional action of the board of governors to continue that restriction. (c) (1) No community college district shall recruit any student who is a resident of any other community college district, except where an agreement exists between those districts authorizing each district to recruit within the boundaries of the other district. (2) If, pursuant to an agreement as described in paragraph (1), a community college district recruits within the boundaries of another community college district, it shall recruit from all high schools within that other district, and may not favor any high schools over other high schools within that other district unless it is intended to improve the racial balance of the recruiting community college district. (3) For purposes of this section: (A) "Recruiting" means either or both of the following actions by a community college district, where the apparent purpose is to encourage student attendance in that district: (i) The mailing by a community college district, to any address not within its boundaries, of class schedules or other written information, except to current or former students of the district or at the addressee's request. (ii) The personal visit by a representative of the community college district to any high school, except in response to an invitation from the school district of which the high school is a part. (B) "Recruiting" does not include any information provided by a community college district through radio, television, or any newspaper or other publication that is not published or otherwise issued by the district, and for which distribution is not limited to residents of the district. (d) The board of governors shall authorize the Chancellor of the California Community Colleges to retain in any fiscal year an amount of up to 5 percent of the appropriation calculated under Chapter 5 (commencing with Section 84700) of Part 50 as a penalty applicable to any community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors under this section. Any funds retained pursuant to this subdivision shall revert to the General Fund. SEC. 5. The repeal of Chapter 14.8 (commencing with Section 67359.10) of Part 40 of the Education Code shall not impair the obligation of any bond issued and sold prior to January 1, 2005. All obligations of any public officer or agency under those bonds shall continue to be performed as if those statutory provisions had not been repealed.