BILL NUMBER: AB 78 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Portantino
( Coauthor: Assembly Member
Torlakson )
DECEMBER 18, 2008
An act to amend Sections 48800, 48800.5, 48802, and 76001 of
, and to add Section 48800.6 to, the Education
Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 78, as amended, Portantino. Pupils: concurrent enrollment in
community college and secondary or elementary school.
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 determine which pupils would benefit from advanced scholastic or
vocational work. In addition, existing law authorizes the governing
board of a school district to authorize these pupils, with parental
permission, to attend community college as special part-time students
to undertake one or more courses of instruction at the community
college level, in order to provide these eligible pupils with
educational enrichment opportunities.
This bill instead would authorize school districts to enter into
partnerships with community college districts to provide secondary
school pupils who have exhausted all opportunities to enroll in
an equivalent course at the high school of attendance, adult
education program, continuation school, regional occupational center
or program, or any other program offered by the local governing board
with the opportunity to benefit from advanced scholastic,
career-technical, or other coursework at a campus of the California
Community Colleges. The bill would, on or before January 1,
2011, and each year thereafter, require the Chancellor of the
California Community Colleges to report to the Department of Finance
and the Legis lature the number of pupils who enroll in
community college pursuant to these provisions, the
courses these pupils enroll in, and the number of these pupils who
receive a passing grade.
Existing law requires the principal of a school to determine
whether a pupil meets various criteria before recommending the pupil
for community college summer session, and prohibits the principal
from recommending for community college summer session attendance
more than 5% of the total number of pupils from any particular grade
level who completed that grade immediately prior to the time of
recommendation, except as specified.
This bill would delete those provisions. The bill would
provide a procedure for a pupil who has not yet attained secondary
school level to receive approval from a school district governing
board in order to attend a community college. The bill would specify
that these pupils would be included in the calculation of full-time
equivalent students for the purposes of determining the amount of the
state apportionment to be received by a community college district.
The
The bill would prohibit a community college district
from receiving an allowance or apportionment for an instructional
activity for which a school district has been, or will be, paid.
The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Campuses of the California Community Colleges are located
throughout California, providing an educational resource for all
communities.
(b) Some high school students are allowed to take classes at
community colleges. These students are called "special-admits" and
they participate in "concurrent enrollment programs," mainly targeted
at "advanced education," primarily defined as college-level work.
(c) There are strict limits on this activity in law, providing
these opportunities to only 5 percent of any high school class during
summer sessions, and restricting the types of classes students may
take to include only "advanced education" in most cases.
(d) A serious abuse of concurrent enrollment by a few school and
community college districts several years ago resulted in statutory
reform and restriction on this type of enrollment.
(e) The current restrictions inhibit local ability to make maximum
use of community college facilities and opportunities, and the time
has come to encourage and expand these valuable programs, but with
appropriate statutory prohibitions to guard against a repeat of the
abuses of the past.
(f) Allowing high school pupils to take community college courses
could provide benefits to pupils and to the state in a wide array of
opportunities, including more opportunities for advanced scholastic
work, career-technical partnerships and coursework, basic skills
remediation, preparation for the high school exit examination,
English as a second language, and dropout prevention.
(g) Exposure to college classes and the college environment while
in high school improves college participation rates.
(h) Concurrent enrollment saves money for both the state and the
students and provides for more effective use of facilities.
SEC. 2. Section 48800 of the Education Code is amended to read:
48800. (a) (1) The governing board of a school district may enter
into a partnership with a community college district to provide
secondary school pupils who have exhausted all opportunities to
enroll in an equivalent course at the high school of attendance,
adult education program, continuation school, regional occupational
center or program, or any other programs offered by the local
governing board with the opportunity to benefit from advanced
scholastic, career-technical, or other coursework at a campus of the
California Community Colleges. The intent of this section is to
provide a smoother transition from high school to college for pupils
by providing them with greater exposure to the collegiate atmosphere,
and to maximize the educational opportunities available to
California's secondary school pupils by encouraging programs and
partnerships between school districts and community college
districts, including, but not limited to, advanced scholastic,
college-level, and career-technical coursework, summer school
opportunities, high school exit examination preparation, English as a
second language, basic skills remediation, and dropout intervention.
(2) A secondary school pupil, upon notification of the principal
of the pupil's school of attendance that the pupil has exhausted
all opportunities to enroll in an equivalent course at the high
school of attendance, adult education program, continuation school,
regional occupational center or program, or any other program offered
by the local governing board , and with parental consent if
the pupil is under 18 years of age, may attend a community college
during any session or term as a special part-time or full-time
student and undertake one or more courses of instruction offered at
the community college.
(b) A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
district.
(c) On or before January 1, 2011, and each year thereafter, the
Chancellor of the California Community Colleges shall report to the
Department of Finance and the Legislature the number of pupils who
enrolled in community college pursuant to subdivision (a), the
courses that these pupils enrolled in, and the number of these pupils
who received a passing grade.
SEC. 3. 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 the
instruction 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 the instruction 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. 4. Section 48800.6 is added to the
Education Code, to read:
48800.6. (a) A pupil who has not yet attained secondary school
level shall receive approval from the governing board of the school
district that he or she attends before enrolling at a community
college. A parent or guardian of a pupil who has not yet attained
secondary school level may petition the governing board of the school
district in which the pupil is enrolled in accordance with
subdivision (a) of Section 48800.5.
(b) A parent or guardian of a pupil who has not yet attained
secondary school level 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 the instruction that would
thereby be available.
SEC. 5. SEC. 4. 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.
(c) A community college district shall not receive an allowance or
an apportionment for an instructional activity for which a school
district has been, or shall be, paid an allowance or an
apportionment.
SEC. 6. SEC. 5. 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, 48800.5, or 48800.6. Section
48800 or 48800.5.
(b) 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, provided that no
school district has received reimbursement for the same instructional
activity. Credit for courses completed shall be at the level
determined to be appropriate by the school district and community
college district governing boards.
(c) 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.
(d) The governing board of a community college district shall not
assign a high priority for registration or enrollment 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.