BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 650
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          Date of Hearing:   June 21, 2011

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                    SB 650 (Lowenthal) - As Amended:  May 10, 2011

           SENATE VOTE  :   39-0
           
          SUBJECT  :   Postsecondary education: The College Promise 
          Partnership Act.

           SUMMARY  :  Establishes the College Promise Partnership Act (Act) 
          authorizing the Long Beach Community College District (LBCCD) 
          and the Long Beach Unified School District (LBUSD) to enter into 
          a Partnership governing concurrent enrollment, as specified:

          1)Provides that the Partnership will provide a seamless bridge 
            to college for pupils not already college bound and reduce the 
            time needed for advanced students to complete programs, 
            through providing pupils with an aligned sequence of high 
            school coursework leading to capstone college courses. 

          2)Defines "capstone college course" to mean a California 
            Community College (CCC) course that is either (1) a 
            lower-division for credit course that is transferable to the 
            California State University or University of California, as 
            specified, or (2) a college-level, occupational course for 
            credit, as specified, that is a part of a sequence of career 
            technical education (CTE) courses leading to a degree or 
            certificate in that subject area.

          3)Requires pupils electing to participate in the Partnership to 
            complete the augmented California Standards Test in grade 11 
            to determine readiness for college-level coursework and to 
            enroll in coursework during grade 12 to remedy any 
            deficiencies diagnosed by the test, and requires the parental 
            consent of pupils participating in the Partnership.

          4)Requires LBCCD and LBUSD to design focused pathways leading to 
            credit in general education or a CTE certificate or degree, 
            including at least one capstone college course.  Requires the 
            Partnership to coordinate the delivery of student support 
            services, including counseling, to participating pupils.  
            Requires LBCCD to participate in the Early Assessment Program 
            in order to participate in the Partnership.








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          5)Establishes a funding mechanism for the Partnership, providing 
            that LBCCD shall be credited with additional units of 
            full-time equivalent students (FTES) attributable to the 
            attendance of Partnership pupils at LBCC.  Provides that LBUSD 
            shall be credited for attendance by Partnership pupils' 
            attendance at school for the minimum school day.  Prohibits 
            LBCCD from receiving funding for an instructional activity for 
            which a school district has been, or shall be, paid.  Provides 
            that LBCCD shall not receive increased allocations from the 
            General Fund for the Partnership.

          6)Requires the LBCCD, if the LBCCD elects to enter into the 
            Partnership, to provide an independent evaluation of the 
            Partnership to the CCC Chancellor's Office and the Legislature 
            that addresses issues and makes recommendations surrounding 
            admittance, enrollment, and course registration priority 
            provided to pupils participating in the Partnership, and 
            analyzes whether the Partnership meets outlined objectives 
            including increasing college retention and completion rates 
            and improving assessment performance.  Requires the report to 
            be submitted to the Legislature on or before December 30, 
            2016.

          7)Requires LBCCD to report to the CCC Chancellor's Office 
            regarding the moneys utilized for the Partnership by November 
            1 of each year the Partnership is in operation.

          8)Authorizes LBCCD to assign priority enrollment for 
            registration to any of the following groups:

             a)   Students pursuing and making satisfactory academic 
               progress toward a degree, certificate, transfer, or basic 
               skills objective that is declared or reaffirmed upon 
               enrollment in each academic term.

             b)   Students pursuing and making satisfactory academic 
               progress pursuant to an approved individual education plan 
               toward a career development objective that is declared or 
               reaffirmed upon enrollment in each academic term.

             c)   Students registering for precollegiate basic skills 
               courses in which they have been placed based upon the 
               diagnostic results of the Early Assessment Program or the 
               equivalent in accordance with the terms of the Partnership.








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          9)Sunsets all of the aforementioned provisions on June 30, 2018.

           EXISTING LAW  

          1)Authorizes the governing board of a K-12 school district, upon 
            recommendation of the principal of a student's school of 
            attendance, and with parental consent, to allow a student who 
            would benefit from advanced scholastic or vocational work to 
            attend CCC as a special part-time or full-time (concurrent 
            enrollment) student. Prohibits a principal from recommending, 
            for CCC summer session attendance, more than 5% of the total 
            number of students in the same grade level. Exempts from the 
            5% cap a student recommended for enrollment in a college-level 
            summer session course if the course in which the pupil is 
            enrolled meets specified criteria. (Education Code §48800)

          2)Authorizes CCC districts to enroll concurrent enrollment 
            students, as specified, and requires CCC governing boards to 
            assign these students a low-enrollment priority when 
            registering for courses, to ensure these students do not 
            displace CCC students. (EC §76001)  

          3)Provides that, for purposes of receiving state apportionments, 
            CCC districts may only include high school students within the 
            CCC district's report on full-time equivalent students (FTES) 
            if the students are enrolled in courses that are open to the 
            general public, as specified.  Prohibits any physical 
            education course at a CCC from having more than 10% of its 
            enrollment comprised of high school students, and provides 
            that a CCC may not receive state apportionments for high 
            school students enrolled in physical education courses in 
            excess of 5% of the CCC district's total reported enrolled 
            number of high school students. (EC §76002)

          4)Allows the governing board of a CCC to restrict enrollment of 
            K-12 school district students based on age, completion of a 
            specified grade level, and demonstrated eligibility.  Requires 
            the CCCCO to report to DOF annually on the amount of FTES 
            claimed by each CCC district for high school students enrolled 
            in non-credit, non-degree-applicable, degree-applicable 
            (excluding physical education), and degree-applicable physical 
            education, pursuant to the aforementioned provisions. (EC 
            §76002)









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           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, likely minor, non-reimbursable costs for the 
          authorized partnership.   

           COMMENTS :   Double-Referral  :  This bill has been double-referred 
          to the Assembly Education Committee.  

           Purpose of this bill  :  Concurrent enrollment refers to the 
          practice of allowing students to take college courses and earn 
          college credit while still in high school.  Historically, 
          concurrent enrollment has been used by academically advanced 
          high school students who need an additional challenge, students 
          who were likely to attend college anyway.  Certainly, concurrent 
          enrollment still serves this purpose.  However, more recently 
          regionally-based programs have been developed to target 
          underserved student populations less likely to attend college.  
          These programs often blend high school and college coursework to 
          allow students to simultaneously earn a high school diploma and 
          credit toward a college degree.  

          Since 1994 the Long Beach Educational Partnership has worked on 
          a regional level to provide a "seamless education" for Long 
          Beach students from preschool to graduate school.  In 2008, the 
          Partnership, with the support and commitments of LBUSD, LBCCD, 
          and California State University Long Beach (CSULB), implemented 
          the Promise, providing all LBUSD students a guarantee of the 
          opportunity to receive a college education.  The Promise 
          provides a variety of educational benefits and services to LBUSD 
          students, including concurrent enrollment opportunities, a 
          tuition free semester at LBCCD, guaranteed college admission, 
          early and continued outreach, and multiple pathway support.   

          According to the author, existing law restricts LBCCD from 
          admitting additional high school students to take college 
          courses.  This bill would allow LBCCD, upon entering into a 
          Partnership with LBUSD, to accept more high school seniors who 
          are participating in the Promise to take LBCCD courses.  Through 
          providing LBCCD additional flexibility to accept Promise 
          students, this bill aims to create a model program for 
          increasing college attendance and completion rates.     

           Background  :  California's existing laws do not specifically 
          outline a strategy for concurrent enrollment.  Additionally, the 
          state has erected specific barriers that might inhibit the 
          creation and growth of more comprehensive practices.  These 








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          barriers exist, at least partially, because of a history of 
          improper concurrent enrollment practices at some locations.  For 
          example, in 2002, the state took action to reduce concurrent 
          enrollment levels after concerns were raised about a number of 
          CCC districts claiming state funding for high school students 
          taking physical education courses.  While this bill would remove 
          some barriers to concurrent enrollment for pupils participating 
          in the Partnership, this bill does not change the limitations 
          regarding physical education (PE) courses.  In addition to 
          concerns about PE abuses, in the past concerns have been 
          expressed, most notably by DOF, that expanding concurrent 
          enrollment will allow for increased "double dipping" on the part 
          of K-12 and CCC districts.  The concern is generally that 
          concurrent enrollment allows both the K-12 school district and 
          the CCC district to claim apportionments for the same student 
          (double dip).  This bill addresses this concern by explicitly 
          prohibiting LBCCD from receiving funding for instructional 
          activity for which LBUSD was already paid.  
           
          Summer concurrent enrollment restrictions  :  One restriction 
          addressed by this bill is the prohibition on high school 
          principals approving summer concurrent enrollment for more than 
          5% of the students in any given grade level.  It is important to 
          note that in recent years the Legislature has approved 
          exemptions to this limitation for college-level transferable 
          courses, college-level occupational credit courses that are part 
          of a degree or certificate program requirement (numerous CTE 
          courses), and courses to assist high school seniors who have not 
          yet passed the California High School Exit Examination.  These 
          exemptions appear to cover the vast majority of courses that 
          would likely be included in the Partnership.  Falling under the 
          5% limitation would likely be Partnership students seeking 
          enrollment in basic skills courses.  

           Enrollment registration priority  :  Nothing in existing law would 
          prohibit LBCCD and LAUSD from entering into a Partnership 
          similar to that outlined in this bill.  In fact, as previously 
          noted, the Promise already contains many of the same goals of 
          the Partnership.  The primary change to existing law proposed by 
          this bill is to authorize LBCCD to provide a priority to 
          Partnership pupils when registering for college courses.  When 
          there is greater demand than there are course offerings, course 
          registration priorities play an important role in managing 
          enrollment by determining which groups of students are enrolled 
          in needed courses and which students get turned away.  As 








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          previously noted, existing law provides that concurrent 
          enrollment students receive a low enrollment priority in order 
          to ensure they do not displace regular CCC students.  This bill 
          does not specify what level of priority LBCCD would provide to 
          Partnership pupils, so it is unknown which groups of students 
          might be impacted by moving Partnership pupils up the 
          registration priority ladder.  It is clear, however, that some 
          students will be affected: General Fund reductions combined with 
          increased student demand has left CCCs unable to provide course 
          offerings to fully meet student needs.  An approximated 140,000 
          students have been turned away from CCCs, over 95% of all 
          classes are at capacity, and estimated 10,000-15,000 students 
          are on wait lists for courses.  An anticipated 350,000 students 
          will be turned away next year.  The Committee may wish to 
          consider if it is appropriate to authorize LBCCD to prioritize 
          Partnership students over traditional CCC students. 

           Proposed amendments  :  Committee staff recommends several 
          technical and clarifying amendments, consistent with the 
          author's stated intent.  

           Related legislation  :  AB 160 (Portantino), pending in the Senate 
          Education Committee, would provide specified exemptions from 
          concurrent enrollment laws for community college districts that 
          enter into partnership agreements with local school districts to 
          provide concurrent enrollment opportunities for high school 
          students.  AB 230 (Carter), pending in the Senate Education 
          Committee, would exempt students attending middle college high 
          schools from the requirement that CCC governing boards assign 
          low enrollment priority to concurrent enrollment students.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles County Economic Development Corporation
          Long Beach Area Chamber of Commerce
          Long Beach City College
          Long Beach Unified School District

           Opposition 
           
          None on File
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 








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          319-3960