Amended in Senate June 25, 2013

Amended in Senate June 19, 2013

Amended in Assembly May 16, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 955

Introduced by Assembly Member Williams

February 22, 2013

An act to add and repeal Article 2.3 (commencing with Section 78230) of Chapter 2 of Part 48 of Division 7 of Title 3 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 955, as amended, Williams. Community colleges: intersession extension programs.

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. Under existing law, community college districts are established throughout the state and authorized to maintain campuses and provide instruction to students.

This bill would, until January 1, 2020, authorize the Office of the Chancellor of the California Community Colleges to establish a voluntary pilot program for purposes of authorizing a community college district to establish and maintain an extension program meeting specified characteristics during summer and winter intersessions. The bill would authorize the governing board of a community college district to apply for selection to participate in the pilot program. The bill would require the chancellor to select no more than 15 campuses that satisfy specified requirements for participating in the pilot program. The bill would require a community college district participating in the pilot program to collect and keep specified records related to the program and to submit, by October 1 of each year, to the Office of the Chancellor of the California Community Colleges information contained in those records. The bill would require the chancellor, by November 1 of each year, to submit to the Legislative Analyst’s Office the information submitted by the community college districts. The bill would require the Legislative Analyst’s Office, by January 1, 2017, to submit to the Legislature a written report that includes specified information regarding the pilot program.

This bill would state the intent of the Legislature that at least one campus of the California Community Colleges should begin implementation of the pilot program by January 2014 and that an additional 5 campuses should implement the pilot program by July 1, 2014.

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.  

begin insert (a) end insert begin insert   end insert The Legislature finds and declares all of the
following:

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(a)

end delete

begin insert (1) end insert  California’s economy increasingly demands highly educated
workers, yet the supply of college graduates will not keep up with
demand. In 2010, President Obama recognized this crisis by calling
on the nation’s community colleges to produce an additional five
million graduates by 2020.

begin delete

(b)

end delete

begin insert (2) end insert  The Public Policy Institute of California has warned that by
2025, California will need an additional one million workers with
a baccalaureate degree to meet the state’s workforce needs.

begin delete

(c)

end delete

begin insert (3) end insert  The United States Bureau of Labor Statistics projects that
occupations that require an associate degree will grow by 19
percent through 2018, and persons with two-year degrees are 30
percent more likely to be employed and earn higher wages than
those with only high school diplomas.

begin delete

(d)

end delete

begin insert (4) end insert  The California Community Colleges are uniquely positioned
to provide a higher education for millions of Californians and are
critical to the state’s ability to meet its workforce needs.

begin delete

(e)

end delete

begin insert (5) end insert  The California Community Colleges are experiencing record
demand for access to classes and programs that provide students
with the skills and education they need to enter the workforce and
prepare for the jobs of the future. However, funding for the
California Community Colleges has been cut by more than $800
million since 2008, affecting student access and completion.

begin delete

(f)

end delete

begin insert (6) end insert  According to the Public Policy Institute of California, these
budget cuts have resulted in almost 100,000 fewer course offerings,
the loss of access for 600,000 students, course waiting lists for
500,000 students, and the reduction of summer intersession course
offerings, which may slow the completion rates for some students,
as well as reduce the earnings for some faculty and staff.

begin delete

(g)

end delete

begin insert (7) end insert  The lack of community college course offerings has led
many students to enroll in for-profit institutions, which are more
expensive than community colleges.

begin delete

(h)

end delete

begin insert (8) end insert  The lack of courses during summer intersessions has had a
serious impact on veterans who must be enrolled in courses to
access housing benefits to which they are entitled through the
Post-9/11 Veterans Educational Assistance Act of 2008 (Public
Law 110-252), otherwise known as Post-9/11 GI Bill.

begin delete

(i)

end delete

begin insert (9) end insert  Reduced access to summer intersessions also affects students
who wish to make progress toward their goals during the summer,
particularly those students who need only a course or two to
complete their goals but have been crowded out of those courses
during the regular academic session.

begin delete

(j)

end delete

begin insert (10) end insert  Extension of programs in summer and winter intersessions
will give students an opportunity to take the courses they are not
able to enroll in during the state-supported regular session to
accelerate the completion of their goals, whether transfer, degree,
or certificate.

begin delete

(k)

end delete

begin insert (11) end insert  By providing additional opportunities for students to
complete high-demand courses, spaces should be freed up in the
state-supported courses offered during the regular session,
increasing all students’ ability to complete their education in a
timely manner.

begin delete

(l)

end delete

begin insert (12) end insert  Participating community college districts should make
every effort to ensure the ability of low-income students to enroll
in extension courses by facilitating their participation in financial
aid programs and accessing the American Opportunity Tax Credit,
which refunds up to $2,500 in educational costs for eligible
students.

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(m)

end delete

begin insert (13) end insert  Extension programs should be subject to community college
district collective bargaining agreements, as well as all state laws
and regulations governing courses offered for credit.

begin delete

(n)

end delete

begin insert (14) end insert  To meet the needs of Californians and California’s
economy, we should recognize that the California Community
Colleges are uniquely able to offer high-quality programs at the
lowest cost possible to all Californians, and that the California
Community Colleges should be given the flexibility to meet
California’s educational needs in the face of significant budget
reductions.

begin insert

(b) It is the intent of the Legislature that community college
districts with campuses participating in the voluntary pilot program
established pursuant to Section 2 of this act do both of the
following:

end insert begin insert

(1) Conduct a review of the data, by race, ethnicity, and gender,
of students enrolled in the pilot extension programs and compare
the data to data of students enrolled in the regular academic term
to determine if low-income or minority students are not being
served.

end insert begin insert

(2) Take affirmative steps, such as recruitment, financial
assistance, and other measures, to increase the participation of
low-income and minority students in the pilot program if the review
shows significant disparities.

end insert

SEC. 2.  

Article 2.3 (commencing with Section 78230) is added
to Chapter 2 of Part 48 of Division 7 of Title 3 of the Education
Code, to read:

 

Article 2.3.  Intersession Extension Programs

 

78230.  

(a) (1) The Office of the Chancellor of the California
Community Colleges shall establish a voluntary pilot program for
the purposes of authorizing community college districts to establish
and maintain extension programs offering credit courses during
summer and winter intersessions. The governing board of a
community college district may apply to be selected to participate
in the pilot program. The Chancellor of the California Community
Colleges shall select no more than 15 campuses out of 15 separate
community college districts to participate in the pilot program
from the districts that apply to be selected. In selecting the
campuses for the pilot program, the chancellor shall consider all
of the following:

(A) Geographic, socioeconomic, and demographic diversity.

(B) Labor market demand.

(C) The community college district’s program and planning
capacity.

(2) In selecting campuses for participation, the Chancellor of
the California Community Colleges shall extend priority to
campuses to ensure the participation of the following:

(A) A campus with at least 50 percent of students currently
utilizing the fee wavier of the Board of Governors of the California
Community Colleges.

(B) A campus with a successful core career technology
education program.

(C) A campus that serves communities where the unemployment
rate is higher than the statewide average.

(3) It is the intent of the Legislature that at least one participating
campus should begin implementation of the pilot program by
January 2014, and that an additional five campuses should
implement the pilot program by July 1, 2014.

(b) An extension program established pursuant to this section
shall have all of following characteristics:

(1) The program shall be self-supporting and all costs associated
with the program shall be recovered.

(2) Enrollment in the pilot program shall not be reported for
state apportionment funding, but program enrollment shall be open
to the public pursuant to Section 51006 of Title 5 of the California
Code of Regulations.

(3) The program shall be developed in conformance with this
code and Division 6 (commencing with Section 50001) of Title 5
of the California Code of Regulations related to community college
credit courses.

(4) The program shall be subject to community college district
collective bargaining agreements.

(5) The program shall apply to all courses leading to certificates,
degrees, or transfer preparation.

(c) To be eligible for selection to participate in the pilot program,
an applicant community college district shall satisfy all of the
following criteria:

(1) The district shall have served a number of students equal
to, or beyond, its funding limit for the two immediately prior
academic years, as provided in the annual Budget Act and as
reported by the Office of the Chancellor of the California
Community Colleges.

(2) The district shall not have received a stability adjustment to
state apportionment funding pursuant to Section 58776 of Title 5
of the California Code of Regulations in the prior two years.

(3) All courses offered for credit that receive state apportionment
funding shall meet basic skills, transfer, or workforce development
objectives.

(4) The district shall prioritize enrollment of students in courses
offered that receive state apportionment funding in conformance
with the legal authority of the governing board of the community
college district, Section 66025.8 of this code, and Section 58108
of Title 5 of the California Code of Regulations, by promoting
policies that prioritize enrollment in courses that receive state
apportionment funding of students who are fully matriculated, as
defined in Section 78212, and making satisfactory progress toward
a basic skills, transfer, or workforce development goal.

(5) The district shall prioritize enrollment of students who are
eligible for resident tuition.

(6) (A) The district shall limit the enrollment of students funded
by the state in activity courses, as defined in Section 55041 of Title
5 of the California Code of Regulations. An applicant district shall
not claim state apportionment funding for students who repeat
either credit courses or noncredit physical education, or visual or
performance arts courses that are part of the same sequence of
courses, unless the student is doing so to meet degree or other local
community college district requirements and is in compliance with
Section 55041 of Title 5 of the California Code of Regulations.

(B) This paragraph does not apply to disabled students taking
adaptive activity courses, students participating in intercollegiate
athletics, or students with an approved educational plan majoring
in physical education or the performing arts.

begin insert

(d) For a student who is not categorically exempt from
nonresident tuition, the community college district shall charge
all statutorily authorized fees applicable to nonresident students,
including, but not limited to, fees authorized pursuant to Section
76141 or 76142, for his or her enrollment in courses offered
pursuant to the pilot program.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The governing board of a community college district shall
not expend General Fund moneys to establish and maintain the
extension program.

begin delete

(e)

end delete

begin insert (f) end insert  An extension credit course shall not supplant any course
funded with state apportionments and shall not be offered at times
or in locations that supplant or limit the offering of programs that
receive state funding or in conjunction with courses that receive
state apportionment funding. A community college district shall
not reduce a state-funded course section needed by students to
achieve basic skills, workforce training, or transfer goals, with the
intent of reestablishing those course sections as part of the
extension program. The governing board of a community college
district shall annually certify compliance with this subdivision by
board action taken at a regular session of the board.

begin delete

(f)

end delete

begin insert (g) end insert  A degree credit course offered as an extension course shall
meet all of the requirements of subdivision (a) of Section 55002
of Title 5 of the California Code of Regulations, as it exists on
January 1, 2013.

begin delete

(g)

end delete

begin insert (h) end insert  The governing board of a community college district may
charge students enrolled in an extension course a fee that covers
the actual cost of the course and that is based upon the district’s
nonresident fee rate for the year the course is offered. For purposes
of this subdivision, “actual cost” includes the actual cost of
instruction, necessary equipment and supplies, student services
and institutional support, and other costs of the community college
district used in calculating the costs of education for nonresident
students, including the administrative costs incurred by the Office
of the Chancellor of the California Community Colleges in
providing oversight of the pilot program.

begin delete

(h)

end delete

begin insert (i) end insert  In order to assist in providing access to extension courses
for students eligible for the Board of Governors fee waiver,
one-third of the revenue collected pursuant to subdivision (g) shall
be used by the district to provide financial assistance to these
students.

begin delete

(i)

end delete

begin insert (j) end insert  A community college district maintaining an extension
program under this section shall make every effort to encourage
broad participation in the program and support access for students
eligible for Board of Governors fee waivers, including, but not
limited to, providing students with information about financial aid
programs, the American Opportunity Tax Credit, military benefits,
scholarships, and other financial assistance that may be available
to students, as well as working with campus foundations to provide
financial assistance for students attending extension programs. In
addition, the district shall adopt enrollment priority and student
support policies ensuring that students who are eligible for state
financial aid are not disproportionately shifted from courses that
receive state apportionment funding to courses offered under the
pilot program.

begin delete

(j)

end delete

begin insert (k) end insert  (1) Each community college district participating in the
pilot program shall do both of the following:

(A) Collect and keep records that measure student participation,
student demographics, and student outcomes in a manner consistent
with records collected by community college districts in regular
credit programs supported through state apportionments, including
an analysis of program effects, if any, on district workload and
district financial status. A community college district shall submit
this information to the Office of the Chancellor of the California
Community Colleges by October 1 of each year.

(B) Submit a schedule of fees established pursuant to subdivision
(g) to the Chancellor of the California Community Colleges by
August 1 of each year.

(2) The chancellor shall submit all of the information provided
by community college districts pursuant to paragraph (1) to the
Legislative Analyst’s Office by November 1 of each year.

(3) (A) No later than January 1, 2017, the Legislative Analyst’s
Office shall, pursuant to Section 9795 of the Government Code,
provide to the Legislature a written report that evaluates the pilot
program established by this article, drawing upon campus reports,
campus visits, interviews with faculty, students, and administrators,
and other sources the Legislative Analyst’s Office deems relevant.

(B) The report shall include all of the following:

(i) Summary statistics relating to course offerings, student
enrollment, begin insert including demographic data on the students enrolled
in courses, if available, end insert financing, student use of financial aid,
funding, and course completion rates for the pilot program.

(ii) A determination of the extent to which the pilot program
complies with statutory requirements and the extent to which the
pilot program results in expanded access for students.

(iii) An assessment of the effect of the pilot program on the
availability of, and enrollment in, courses that receive state
apportionment funding, with particular attention to the demographic
makeup and financial aid status of students enrolled in those
courses.

(iv) Recommendations as to whether the pilot program should
be extended, expanded, or modified. In making recommendations,
the Legislative Analyst’s Office shall consider alternative
approaches that might achieve the goal of expanded access without
increasing state funding.

begin delete

(k)

end delete

begin insert (l) end insert  Courses offered by the extension program established and
maintained under this section may only be offered during summer
and winter intersessions.

begin delete

(l)

end delete

begin insert (m) end insert  The Chancellor of the California Community Colleges shall
review pilot programs monitor compliance with the requirements
of this article, and may rescind the authority to participate in the
pilot program if the chancellor determines that a participating
campus or community college district is out of compliance with
this article.

78231.  

This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that date.