BILL NUMBER: SB 1456	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal
   (Coauthor: Senator Liu)

                        FEBRUARY 24, 2012

   An act to amend Sections 76300, 78210, 78211, 78211.5, 78212,
78213, 78214, 78215, 78216, and 78218 of, and to repeal Section
78212.5 of, the Education Code, relating to community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1456, as introduced, Lowenthal. Community colleges:
Seymour-Campbell Student Success Act of 2012.
   (1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state.
   Existing law requires community college district governing boards
to charge students an enrollment fee of $46 per unit per semester,
effective with the summer term of the 2012 calendar year. Existing
law also authorizes the board of governors to waive this fee under
certain circumstances related to the income status of the student.
   This bill would further require that a student qualifying for a
fee waiver identify a degree, certificate, transfer, or career
advancement goal and meet academic and progress standards determined
by the board of governors.
   (2) Existing law, known as the Seymour-Campbell Matriculation Act
of 1986, defines "matriculation" as a process that brings a college
and a student who enrolls for credit into an agreement for the
purpose of realizing the student's educational objectives. The act
specifies the matriculation services that community colleges are
required to provide, including the processing of the application for
admission, orientation and preorientation services, assessment and
counseling upon enrollment, and postenrollment evaluation of a
student's progress.
   This bill would revise and recast the act, and rename it the
Seymour-Campbell Student Success Act of 2012. The act would state its
purpose as increasing California community college access and
success by providing effective core matriculation services of
orientation, assessment and placement, counseling and education
planning, and academic interventions. The bill would specify the
responsibilities of students and institutions in entering into the
matriculation process.
   The bill would require the board of governors to develop a formula
for allocating funding for the Student Success and Support Program
that would be implemented under the act. The bill would specify that,
in the 2012-13 fiscal year and each fiscal year thereafter, the act
would be operative only if funds are specifically appropriated for
its purposes.
   To the extent that the bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 76300 of the Education Code, as amended by
Section 4 of Chapter 15 of the first Extraordinary Session of the
Statutes of 2011, is amended to read:
   76300.  (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
   (b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
   (2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
   (c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
   (d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
   (e) The fee requirement does not apply to any of the following:
   (1) Students enrolled in the noncredit courses designated by
Section 84757.
   (2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
   (3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
   (f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
   (g) (1) The fee requirements of this section shall be waived for
any student who  , at   meets all of the
following requirements:  
   (A) Identifies a degree, certificate, transfer, or career
advancement goal.  
   (B) Meets academic and progress standards, including a maximum
unit cap, as defined by the board of governors.  
   (C) Meets one of the following criteria: 
    (i)     At  the time of enrollment, is
a recipient of benefits under the Temporary Assistance to Needy
Families program, the Supplemental Security Income/State
Supplementary Program, or a general assistance program  or
has demonstrated   .  
   (ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors. 
    (iii)     Demonstrates  financial need
in accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid. 
   (2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.  
   (2) The board of governors shall develop and adopt policies for
the determination of the conditions specified in subparagraphs (A)
and (B) of paragraph (1). These policies shall be phased in over a
reasonable period of time as determined by the board of governors.

   (3)  Paragraphs   Paragraph  (1)
 and (2)  may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from nonresident
tuition under paragraph (3) of subdivision (a) of Section 76140.
   (h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
   (i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
   (j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
   (1) The dependent was a resident of California on September 11,
2001.
   (2) The individual killed in the attacks was a resident of
California on September 11, 2001.
   (k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
   (l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
   (2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
   (3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
   (4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
   (m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
   (2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
   (n) The board of governors shall adopt regulations implementing
this section.
   (o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
  SEC. 2.  Section 78210 of the Education Code is amended to read:
   78210.  This article shall be known and may be cited as the
Seymour-Campbell  Matriculation   Student
Success  Act of  1986   2012  .
  SEC. 3.  Section 78211 of the Education Code is amended to read:
   78211.  It is the intent of the Legislature to do all of the
following:
   (a) Ensure equal education opportunity for all Californians. 
    (b) Provide students with the resources and support to establish
informed educational goals.  
   (b) 
    (c)  Ensure that students receive the educational
services necessary to optimize their opportunities for success 
in completing their educational goals and programs of study .

   (c) Provide students with the information to establish realistic
educational goals, and ensure that the matriculation process does not
exclude students from receiving appropriate educational services at
community colleges.  
   (d) Recognize that student success is the responsibility of the
institution and student, supported by well-coordinated and
evidence-based student and instructional services to foster academic
success.  
   (e) Target state resources on the provision of critical student
services, such as counseling and student advising, and identify a
broad array of service delivery mechanisms that can effectively reach
a greater number of students. 
  SEC. 4.  Section 78211.5 of the Education Code is amended to read:
   78211.5.  (a) The  Board of Governors of the California
Community Colleges shall initially provide for full implementation of
the matriculation services specified in Section 78212 in as many
community colleges as the funds appropriated for this purpose allow
  purpose of the Student Success Act of 2012 is to
increase California community college student access and success by
providing effective core matriculation services including
orientation, assessment and placement, counseling and education
planning, and academic interventions. The focus of the Student
Success Act of 2012 is on the entering students' transition into
college in order   to provide a foundation for student
achievement and successful completion of students' educational goals,
with a priority toward serving students who enroll to earn degrees,
career technical certificates, or transfer. The Student Success Act
of 2012 targets state resources on core matriculation services that
research has shown to be critical in increasing the ability of
students to reach their educational goals. By focusing funding in
these core areas and leveraging the use of technology to more
efficiently and effectively serve a greater number of students, the
goal of the Student Success Act of 2012 is to provide students with a
solid foundation and opportunity for success in the California
Community Colleges  .
   (b)  Because of the need to develop and evaluate data on a
standard statewide basis concerning the implementation and
effectiveness of the matriculation services described in this
article, any   Any    college or district
receiving funding under this article shall agree to carry out its
provisions as specified, but shall be bound to that agreement only
for the period during which funding is received pursuant to this
article. The obligations of the college or district under the
agreement shall include, but not be limited to, the expenditure of
funds received pursuant to this article for only those 
matriculation  services approved by the board of governors
and the contribution toward the purposes of this article of matching
funds as the board of governors may require pursuant to Section
78216.
  SEC. 5.  Section 78212 of the Education Code is amended to read:
   78212.  (a)  (1)    For purposes of this
article, "matriculation" means a process that brings a college and a
student  who enrolls for credit  into an agreement
for the purpose of  realizing   achieving 
the student's educational  objectives   goals
and completing the student's program of study  . The agreement
involves the responsibilities of both parties to attain those
objectives through the college's established programs, policies, and
requirements  including those established by the board of
governors pursuant to Section 78215  . 
   The 
    (2)     The  student's
responsibilities under the agreement include  , but are not 
 necessarily limited to,  the  expression 
 identification  of  at least a broad 
 an  educational  intent   goal 
upon enrollment, the declaration of a specific  educational
objective   program of study  within a reasonable
period after enrollment  as defined by the board of governors
 , diligence in class attendance and completion of assigned
coursework, and the completion of courses and maintenance of 
academic  progress toward an educational goal  and program
of study identified in the student's education plan  according
to standards established by the college, the district, and the state.

   (b) Matriculation services to be made available by the colleges

    (3)    The institution's responsibility
under the agreement includes   the provision of student
services to provide a strong foundation and support for their
academic success and ability to achieve their educational goals. The
program of services funded through the Student Success Act of 2012,
which shall be known and may be cited as the Student Success and
Support   Program,  shall include, but are not 
necessarily  limited to, all of the following: 
   (1) Processing of the application for admission. 

   (2) 
    (A)  Orientation  and preorientation 
services designed to provide to students, on a timely basis,
information concerning campus procedures, academic expectations,
financial assistance, and any other matters the college or district
finds appropriate. 
   (3) Assessment and counseling upon enrollment, which shall
include, but not be limited to, all of the following: 

   (A) Administration of assessment instruments 
    (B)     Assessment upon enrollment, which
shall include, but not necessarily be   limited to, the
administration of assessments    to determine student
competency in computational and language skills  and readiness
for college . 
   (C) Counseling and education planning services, which shall
include, but not necessarily be limited to, all of the following:
 
   (i) Counseling and advising.  
   (B) 
    (ii)    Assistance to students in the
identification of aptitudes, interests  ,  and educational
objectives, including, but not  necessarily  limited to,
associate of arts degrees, transfer for baccalaureate degrees, and
 vocational   career technical 
certificates and licenses. 
   (C) Evaluation of student study and learning skills. 

   (iii) The provision of information, guided by sound counseling
principles and practices, using a broad array of delivery mechanisms,
including technology-based strategies to serve a continuum of
student needs and abilities, that will enable students to make
informed choices.  
   (iv) Development of an education plan leading to a program of
study and guidance on course selection. 
   (D) Referral to specialized support services as needed, including,
but not  necessarily  limited to, federal, state, and local
financial assistance; health services;  campus employment
placement   career  services;  veteran support
services; foster youth services;  extended opportunity programs
and services provided pursuant to Article 8 (commencing with Section
69640) of Chapter 2 of Part 42  of Division 5  ; campus
child care services provided pursuant to Article 4 (commencing with
Section 8225) of Chapter 2 of Part 6  of Division 1 of Title 1
 ; programs that teach English as a second language; and
disabled student services provided pursuant to Chapter 14 (commencing
with Section 67300) of Part 40  of Division 5  . 
   (E) Advisement concerning course selection.  
   (4) Postenrollment evaluation 
    (E)     Evaluation    of each
student's progress, and required advisement or counseling for
students who are enrolled in  remedial   basic
skills  courses, who have not declared an educational 
objective   goal  as required, or who are on
academic probation, as defined by standards adopted by the Board of
Governors of the California Community Colleges and community college
districts. 
   (b) Funding for the student Success and Support Program shall be
targeted to fully implement orientation, assessment, and education
planning services needed to assist a student in making an informed
decision about his or her educational goal and program of study and
in the development of an education plan. 
  SEC. 6.  Section 78212.5 of the Education Code is repealed.

   78212.5.  Each community college district may develop and maintain
all of the following within each community college in the district:
   (a) Career resource and placement centers having the purposes of
maintaining information on vocational, technological and educational
opportunities, and facilitating career employment.
   (b) Programs to instruct appropriate staff and faculty members in
the performance of matriculation services.
   (c) Orientation programs designed to explain to new students
academic requirements and other regulations of the community college,
and the available student support services.
   (d) A publicity program designed to inform the community served by
the community college that the purposes of the mandatory
matriculation process are intended to facilitate, rather than
restrict, student access to community college instruction, and to
enhance each student's awareness of his or her abilities, skills, and
potential.
   (e) A publicity program designed to inform high schools in the
community served by the community college, through orientation
programs and other means, of student skill levels, and of available
student support services. 
  SEC. 7.  Section 78213 of the Education Code is amended to read:
   78213.  (a) No district or college may use any assessment
instrument for the purposes of this article without the authorization
of the board of governors. The board of governors may adopt a list
of authorized assessment instruments pursuant to the policies and
procedures developed pursuant to this section and the intent of this
article. The board of governors may waive this requirement as to any
assessment instrument pending evaluation.
   (b) The board of governors shall review all assessment instruments
to ensure that they meet all of the following requirements:
   (1) Assessment instruments shall be sensitive to cultural and
language differences between students.
   (2) Assessment instruments shall be used as an advisory tool to
assist students in the selection of an educational program.
   (3) Assessment instruments shall not be used to exclude students
from admission to community colleges.
   (c) The board of governors shall establish an advisory committee
to review and make recommendations concerning all assessment
instruments used by districts and colleges pursuant to this article.

   (d) When the board of governors adopts a system of common
assessment, community college districts and colleges may use
supplemental assessments or other measures for placement pursuant to
subdivision (a). 
  SEC. 8.  Section 78214 of the Education Code is amended to read:
   78214.  (a) All participating districts shall, with the assistance
of the chancellor, establish and maintain institutional research to
evaluate the effectiveness of the  matriculation 
 Student Success and Support Program   services
 described by this article and of  any other 
programs  and   or  services designed to
 remedy   facilitate  students' 
skills deficiencies   completion of their educational
goals and programs of study  .
   (b) The  data base   accountability metrics
 for this research shall include, but not be limited to:
   (1) Prior educational experience, including transcripts when
appropriate, as determined by the chancellor.
   (2) Educational  objectives   goals and
programs of study  .
   (3) Criteria for exemption from  orientation,  assessment
 ,  or required counseling or advisement, if applicable.
   (4) Need for financial assistance.
   (5)  Ethnicity   Disaggregated data by
ethnicity  , sex, and age.
   (6) Academic performance  , such as the completion of
specified unit thresholds, success in basic skills courses, grade
point average, course completion outcomes, transfer readiness, and
degree and certificate completion  .
   (7) Any additional information that the chancellor finds
appropriate.
   (c) The evaluation provided for by this section shall include an
assessment of the effectiveness of the programs and services in
attaining at least the following objectives:
   (1) Helping students to define their educational goals  and
declare a program of study  .
   (2) Assisting institutions in the assessment of students'
educational needs  and valid course placement  . 
    (3) Helping support students' successful course completion and
attainment of a degree, certificate, or transfer, through the
provision of effective orientation services and academic
interventions.  
   (3) 
    (4)  Matching institutional resources with students'
educational needs. 
   (4) Providing students with specialized support services as
referred to in subdivision (b) of Section 78212. 
  SEC. 9.  Section 78215 of the Education Code is amended to read:
   78215.  The Board of Governors of the California Community
Colleges shall establish  criteria for exempting 
 policies and processes for all of the following: 
    (a)    Requiring all nonexempt students to
complete orientation and assessment and to develop education plans.

    (b)     Exempting  students from
participation in orientation, assessment testing, or required
 counseling or advisement   education planning
services  under this article. 
   (c) Requiring community college districts to adopt a student
appeal process. 
  SEC. 10.  Section 78216 of the Education Code is amended to read:
   78216.  (a) The Legislature recognizes that community college
districts are currently funding various components of student
matriculation through existing  counseling 
orientation, educa   tion planning  , assessment, and
other student services, but that adequate student matriculation 
and implementation of the Student Success and Support Program
strategies  cannot be realized without supplemental funding
support.
   (b) The board of governors shall develop a formula for 
allocating the funding for the Student Success and Support Program
  funding student matriculation   to
implement the  services  identified in Section 78212 
at community colleges. The formula shall include the requirement that
the districts or colleges contribute matching funds in an amount to
be established by the board of governors in each case, and shall
reflect, but not be  necessarily  limited to,  all
of the following   other  considerations,  as
follows  :
   (1) The number of students to receive matriculation services at
each college. 
   (2) The levels of support for matriculation services provided at
each college prior to July 1, 1985, and the need for funding
assistance in the implementation of the program set forth in this
article.  
   (3) The relative needs for matriculation services, based on
special student populations such as low-income students, students
with language differences, students with physical and learning
disabilities, and students in need of remedial instruction. 

   (4) 
    (2)  The requirement that funds for 
matriculation   the Student Success and Support Program
 services be expended only for services approved by the board of
governors. 
   (5) 
    (3)  The requirement that any district or college
receiving funding pursuant to this section agree to implement this
article  and implement the board of governors system of common
assessment and accountability scorecard, pursuant to Section 84754.5,
when established  during the period in which it receives that
funding. 
   (6) The need for computer hardware and software to provide
approved matriculation services, and for institutional research
personnel for ongoing evaluation.  
    (4) Insofar as a community college district is able to fully
implement in-person or technology strategies for orientation,
assessment, and education planning services, the board of governors
may identify other noninstructional support services that can be
funded through this article. 
   (c) The board of governors shall require participating colleges to
develop a  Student Success and Support Program  plan
 for student matriculation  that reflects all
                                      of the following:
   (1) A  method for providing   description of
 the  Student Success and Support Program  services
 specified   identified  in Section 78212
 to be provided  .
   (2) The college budget for the  matriculation 
 state-funded Student Success and Support Program  services
pursuant to Sections 78212 and 78214.
   (3) The development and training of staff and faculty to implement
the  matriculation   Student Success and
Support Program  services.
   (4) In multicampus districts, the coordination of the college
 matriculation   Student Success and Support
Program  plan with other college plans  within the district
 .
   (5)  Computerized information   Technology
 services and institutional research and evaluation necessary
for implementation of this article.
   (d) The board of governors may allocate up to 5 percent of the
total funds appropriated for  student matriculation 
 the Student Success and Support Program  for state
administrative operations to carry out the intent of this article,
subject to the review of the annual budget process.
  SEC. 11.  Section 78218 of the Education Code is amended to read:
   78218.  In the  1986-87   2012-13 
fiscal year and each fiscal year thereafter, this article shall be
operative only if funds are specifically appropriated for the
purposes of this article.
  SEC. 12.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.