BILL NUMBER: AB 955	AMENDED
	BILL TEXT

	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

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.   (a)    The Legislature finds and
declares all of the following: 
   (a) 
    (1)  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. 
   (b) 
    (2)  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. 
   (c) 
    (3)  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. 
   (d) 
    (4)  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.

   (e) 
    (5)  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. 

   (f) 
    (6)  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. 
   (g) 
    (7)  The lack of community college course offerings has
led many students to enroll in for-profit institutions, which are
more expensive than community colleges. 
   (h) 
    (8)  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. 
   (i) 
    (9)  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. 
   (j) 
    (10)  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. 
   (k) 
    (11)  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. 
   (l) 
    (12)  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. 
   (m) 
    (13)  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.

   (n) 
    (14)  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. 
   (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:  
   (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.
 
   (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. 
  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. 
   (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.  
   (d) 
    (e)  The governing board of a community college district
shall not expend General Fund moneys to establish and maintain the
extension program. 
   (e) 
    (f)  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. 
   (f) 
    (g)  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. 
   (g) 
    (h)  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. 
   (h) 
    (i)  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. 
   (i) 
    (j)  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. 
   (j) 
    (k)  (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,  including demographic data on the students enrolled
in courses, if available,  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. 
   (k) 
    (l)  Courses offered by the extension program
established and maintained under this section may only be offered
during summer and winter intersessions. 
   (l) 
    (m)  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.