BILL NUMBER: AB 160 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 2011
AMENDED IN ASSEMBLY FEBRUARY 28, 2011
INTRODUCED BY Assembly Member Portantino
JANUARY 19, 2011
An act to amend Sections 48800, 48800.5, 48802, and 76001
of Section 48800 of, and to add Sections 48803 and
76002.5 to, the Education Code, relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 160, as amended, Portantino. Concurrent enrollment in secondary
school and community college.
(1) 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 authorize those pupils to attend a community
college upon notification that the secondary school 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 that district, as specified.
The bill would authorize the governing board of a
school community college district to
enter into a formal partnership with a community
college school district or school districts
located within its immediate service area 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 March 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
if those pupils 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 of the school district, and if those pupils may
benefit from advanced scholastic, career-technical, or vocational
coursework. The bill would require the partnership agreement to ou
tline the terms of the partnership, as specified. The bill
would require, for each partnership entered into under the bill, the
affected community college district and school district to file an
annual report, containing specified data, with the Office of the
Chancellor of the California Community Colleges .
(2) Existing law requires the governing board of a community
college district to assign a low enrollment priority to the
pupils recommended under this provision a pupil
attending community college pursuant to a recommendation from his or
her principal or school district or a petition from his or her
parents, in order to ensure that these pupils, admitted as
special students, do not displace regularly admitted students.
This bill also would delete this requirement,
and instead prohibit the governing board of a community
college district from assigning an enrollment priority to
these students attending community college pursuant to
a partnership agreement established under the bill to ensure
that they do not displace continuing
regularly admitted students.
The bill also would make conforming changes.
This 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.
This bill would require the governing board of a community college
district to limit enrollment of special part-time or full-time
students for summer session attendance to no more than 5% of the
total number of pupils who completed a grade immediately prior to the
time of attendance, except as specified.
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 5 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) 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 notification
to the principal of the pupil's school of attendance that
the secondary school 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 programs offered by the governing board of
that school district , 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 Upon notification to the
principal of a pupil's school may recommend
of attendance that he or she 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 programs offered by the
governing board of that school district, a pupil for
may enroll in a community college summer session
only if that pupil meets all both 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
no more than 5 percent of the total number of pupils who
completed that grade immediately prior to the time of recommendation
may attend a community college summer session. The school
principal shall notify the local community college district when 5
percent of the pupils in a particular grade level have notified the
principal that they intend to attend a community college during
summer session .
(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 enroll 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 48803 is added to the
Education Code , to read:
48803. (a) (1) The governing board of a community college
district may enter into a formal partnership with a school district
or school districts located within its immediate service area in
order 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 of the school district with the opportunity to
benefit from advanced scholastic, career-technical, or vocational
coursework. 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 of the school district, 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.
(2) A participating community college district shall adopt a
partnership agreement with each school district partner. The
partnership agreement shall be approved by the governing board of the
community college district and the governing board of the school
district.
(3) (A) The partnership agreement shall outline the terms of the
partnership, and may include, but not necessarily be limited to, the
scope, nature, and schedule of courses offered. The partnership
agreement may establish protocols for information sharing and joint
facilities use.
(B) A copy of the partnership agreement shall be filed with the
department and with the office of the Chancellor of the California
Community Colleges prior to the start of a program authorized by this
article.
(4) It is the intent of the Legislature, in enacting this section,
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 advanced scholastic, vocational, and
career-technical coursework, summer school opportunities, and dropout
intervention.
(5) A community college district shall not provide physical
education course opportunities to secondary school pupils pursuant to
this section.
(6) A pupil shall receive credit for community college courses
that he or she completes at the level determined to be appropriate by
the school district and community college governing boards pursuant
to the partnership agreement as described in paragraph (2).
(b) (1) A community college district shall not receive a state
allowance or apportionment for an instructional activity for which a
school district has been, or shall be, paid an allowance or
apportionment.
(2) 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 Section 48802 or 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 governing boards of the school
district and the community college district pursuant to the
partnership agreement as described in paragraph (2) of subdivision
(a).
(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 he or she attends.
(d) Notwithstanding subdivision (e) of Section 76001, for purposes
of this section, the governing board of a community college district
shall not assign an enrollment priority to pupils admitted as
special part-time or full-time students under this section in order
to ensure that these students do not displace regularly admitted
students.
(e) Community college districts and school districts that enter
into a partnership pursuant to this section shall be exempt from
concurrent enrollment provisions pursuant to subdivisions (a) and (b)
of, and paragraphs (1), (2), and (3) of subdivision (d) of, Section
48800.
(f) (1) For each partnership entered into pursuant to this
section, the affected community college district and school district
shall report annually to the Office of the Chancellor of the
California Community Colleges all of the following information:
(A) The total number of secondary school pupils enrolled in each
program, classified by the school district.
(B) The total number of successful course completions of secondary
school pupils enrolled in each program, classified by the school
district.
(C) The total number of successful course completions of students
in courses equivalent to those courses tracked under subparagraph (B)
in the general community college curriculum.
(2) The annual report required by this subdivision shall be
transmitted to all of the following:
(A) The Legislature.
(B) The Director of Finance.
(C) The Superintendent.
(D) The governing board of each participating community college
district.
(E) The governing board of each participating school district.
SEC. 4. Section 76002.5 is added to the
Education Code , to read:
76002.5. Pursuant to subdivision (d) of Section 48800, the
governing board of a community college district shall limit
enrollment of special part-time or full-time students for summer
session attendance to no more than 5 percent of the total number of
pupils who completed that grade immediately prior to the time of
attendance, except as provided in subparagraphs (A), (B), and (C) of
paragraph (3) of subdivision (d) of Section 48800.
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 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.
(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 March 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 who
enrolled in a community college 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.
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 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) 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 an enrollment priority to pupils admitted as special part-time
or full-time students, as described in subdivision (a), in order to
ensure that these students do not displace continuing students.