BILL NUMBER: AB 160	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        JANUARY 19, 2011

   An act to amend Sections 48800, 48800.5, 48802, and 76001 of the
Education Code, relating to public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 160, as introduced, Portantino. Concurrent enrollment in
secondary school and community college.
   Existing law authorizes the governing board of a school district
to allow pupils whom the district has determined would benefit from
advanced scholastic or vocational work to attend community college as
special part-time students, subject to parental permission. Existing
law makes the authority of a school principal to recommend a pupil
for community college summer session contingent upon a determination
that the pupil meets various criteria and prohibits the principal
from recommending 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 for summer session attendance, except as
specified.
   This bill instead would authorize the governing board of a school
district to enter into a partnership with a community college
district to allow secondary school pupils to 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, subject to specified conditions.
The bill would delete the existing law provisions regarding summer
session. The bill would require the Chancellor of the California
Community Colleges, on or before January 1, 2012, and each year
thereafter, to report to the Department of Finance and the
Legislature 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. 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 also would 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 and provide an educational resource for all
communities.
   (b) Existing law allows certain high school pupils to take classes
at community colleges. These pupils are known as special-admits and
the programs in which they participate are known as concurrent
enrollment programs. The main target of these programs is advanced
education and the work completed in them is primarily defined as
college-level work.
   (c) Existing law imposes strict limits on concurrent enrollment
programs. Only five percent of the pupils in any high school class
may enroll in a community college during summer sessions. In
addition, the types of classes pupils may take pursuant to these
programs are generally limited to advanced education classes.
   (d) A serious abuse of concurrent enrollment programs by a few
school districts and community college districts several years ago
resulted in statutory reform and restrictions on this type of
enrollment.
   (e) The current restrictions inhibit the ability of school
districts and their pupils to make maximum use of community college
facilities and opportunities. 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 numerous ways,
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
pupils 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  determine which pupils would benefit
from advanced scholastic or vocational work   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
or vocational work. scholastic, career-technical, or other coursework
at a campus of the California Community Colleges  . 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.  
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.
 
   (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.
 
   (2) A secondary school pupil, 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 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.  
   (c) 
    (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. 
   (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) 
    (c)    On or before  March 1 of each
year   January 1, 2012, and on or before January 1 of
each year thereafter  , 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   who enrolled  in  a  community
college  summer session courses and who receive 
 pursuant to subdivision (a), the courses that these pupils
enrolled in, and the number of these pupils who received  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 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   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  advanced scholastic or
vocational work   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 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. 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 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) 
    (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.   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. 
   (d) 
    (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.

   (e) 
    (d)  The governing board of a community college district
shall assign a low enrollment priority 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.