BILL NUMBER: AB 1713	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 5, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  AUGUST 3, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 2, 2010

   An act to amend Sections 48800, 76002, and 84760.5 of, and to
repeal Section 10701 of, the Education Code, relating to public
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1713, Furutani. Public education: reporting requirements.
   (1) The California Constitution provides for the election of the
Superintendent of Public Instruction, and existing statutory law
prescribes the Superintendent's powers and duties. Existing law also
establishes the segments of the public postsecondary education system
in the state, which include the University of California, which is
administered by the Regents of the University of California, the
California State University, which is administered by the Trustees of
the California State University, and the California Community
Colleges, which is administered by the Board of Governors of the
California Community Colleges.
   Existing law requires the Chancellor of the California Community
Colleges and the Superintendent to convene a working group of adult
education and data experts to review adult education and noncredit
instruction data systems and to report on the feasibility, design,
and cost of a common data set in adult education.
   This bill would delete that requirement.
   (2) Existing law authorizes a school district to authorize pupils
to attend a community college as special part-time or full-time
students, and authorizes the principal of a school to recommend a
pupil for a community college summer session only if the pupil meets
prescribed criteria. Existing law, until January 1, 2014, requires
the Chancellor of the California Community Colleges to report, on or
before November 1, 2007, and by January 1 of each year thereafter, to
the Department of Finance the number of pupils recommended for a
summer session that enroll in summer session courses and receive a
passing grade.
   This bill instead, would, require the chancellor to provide the
report by March 1 of each year and would authorize the information in
that report to be consolidated with another specified report.
   (3) Existing law requires the Chancellor of the California
Community Colleges to 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 full-time equivalent
students claimed by each community college district for special
part-time and special full-time students for the preceding academic
year in specified class categories.
   This bill would authorize information required by another
specified report to be consolidated with this report.
   (4) Existing law requires the Chancellor of the California
Community Colleges to prepare and submit to the Department of Finance
and the Legislature, by May 1 of each year, a specified report on
career development and college preparation classes that are eligible
for apportionment funding.
   This bill would change the due date of that report from May 1 of
each year to July 1 of each year.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10701 of the Education Code is repealed.
  SEC. 2.  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, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere. 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
governing 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) 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.
   (d) (1) The principal of a school may recommend a pupil for
community college summer session only 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 shall 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) A high school pupil recommended by his or her principal for
enrollment in a course shall not be included in the 5-percent
limitation of pupils allowed to be recommended pursuant to paragraph
(2) if the course in which the pupil is enrolled meets one of the
criterion listed in subparagraphs (A) to (C), inclusive, and the high
school principal who recommends the pupil for enrollment provides
the Chancellor of the California Community Colleges, upon the request
of that office, with the data required for purposes of paragraph
(4).
   (A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general education
breadth requirements of the California State University.
   (B) The course is a college-level, occupational course for credit
assigned a priority code of "A," "B," or "C," pursuant to the Student
Accountability Model, as defined by the Chancellor of the California
Community Colleges and reported in the management information
system, and the course is part of a sequence of vocational or career
technical education courses leading to a degree or certificate in the
subject area covered by the sequence.
   (C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does not offer
college credit in English language arts or mathematics, and the pupil
meets both of the following requirements:
   (i) The pupil is in his or her senior year of high school.
   (ii) The pupil has completed all other graduation requirements
prior to the end of his or her senior year, or will complete all
remaining graduation requirements during a community college summer
session, which he or she is recommended to enroll in, following his
or her senior year of high school.
   (4) On or before March 1 of each year, the Chancellor of the
California Community Colleges shall report to the Department of
Finance the number of pupils recommended pursuant to paragraph (3)
who enroll in community college summer session courses and who
receive a passing grade. The information in this report may be
submitted with the report required by subdivision (c) of Section
76002.
   (5) The Board of Governors of the California Community Colleges
shall not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
Colleges.
   (6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2 of Title 2, compliance with this
subdivision shall not be waived.
   (e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014.
  SEC. 3.  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
shall 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 shall 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) (1) 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:
   (A) Noncredit.
   (B) Nondegree-applicable.
   (C) Degree-applicable, excluding physical education.
   (D) Degree-applicable physical education.
   (2) The report prepared pursuant to paragraph (1) may include
information required to be reported pursuant to paragraph (4) of
subdivision (d) of Section 48800.
   (d) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section.
  SEC. 4.  Section 84760.5 of the Education Code is amended to read:
   84760.5.  (a) For purposes of this chapter, the following career
development and college preparation courses and classes for which no
credit is given, and that are offered in a sequence of courses
leading to a certificate of completion, that lead to improved
employability or job placement opportunities, or to a certificate of
competency in a recognized career field by articulating with
college-level coursework, completion of an associate of arts degree,
or for transfer to a four-year degree program, shall be eligible for
funding subject to subdivision (b):
   (1) Classes and courses in elementary and secondary basic skills.
   (2) Classes and courses for students, eligible for educational
services in workforce preparation classes, in the basic skills of
speaking, listening, reading, writing, mathematics, decisionmaking,
and problem solving skills that are necessary to participate in
job-specific technical training.
   (3) Short-term vocational programs with high-employment potential,
as determined by the chancellor in consultation with the Employment
Development Department utilizing job demand data provided by that
department.
   (4) Classes and courses in English as a second language and
vocational English as a second language.
   (b) The board of governors shall adopt criteria and standards for
the identification of career development and college preparation
courses and the eligibility of these courses for funding, including
the definition of courses eligible for funding pursuant to
subdivision (a). The criteria and standards shall be based on
recommendations from the chancellor, the statewide academic senate,
and the statewide association of chief instructional officers. The
career and college preparation courses to be identified for this
higher rate of funding should include suitable courses that meet one
or more of the qualifications described in subdivision (a).
   (c) A district that offers courses described in subdivision (a),
but that is not eligible for funding under subdivision (b), shall be
eligible for funding under Section 84757.
   (d) The chancellor, in consultation with the Department of Finance
and the Office of the Legislative Analyst, shall develop specific
outcome measures for career development and college preparation
courses for incorporation into the annual report required by
subdivision (b) of Section 84754.5.
   (e) The chancellor shall prepare and submit to the Department of
Finance and the Legislature, on or before July 1 of each year, a
report that details, at a minimum, the following:
   (1) The amount of FTES claimed by each community college district
for career development and college preparation courses and classes.
   (2) The specific certificate programs and course titles of career
development and college preparation courses and classes receiving
additional funding pursuant to this section, as well as the number of
those courses and classes receiving additional funding.