BILL NUMBER: SB 338 CHAPTERED 10/11/03 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.