Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1146

Introduced by Assembly Member Morrell

February 22, 2013

An act to amend Section begin delete 47610 end delete begin insert 48800 end insert of the Education Code, relating to begin delete charter schools end delete begin insert pupils end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1146, as amended, Morrell. begin delete Charter schools. end delete begin insert Pupils: concurrent enrollment in secondary school and community college. end insert

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The Charter Schools Act of 1992 permits teachers and parents to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law exempts charter schools from the laws governing school districts except those of the Charter Schools Act, those establishing minimum age for public school attendance, specified building code regulations, and other specified laws.

end delete begin insert

Existing law authorizes the principal of a school to recommend a pupil for community college summer session if the pupil meets certain criteria and requires, for any particular grade level, the principal to not recommend for community college summer session more than 5% of the total number of pupils who completed that grade immediately before the time of recommendation.

end insert

This bill would begin delete make technical, nonsubstantive changes to these provisions. end delete begin insert increase the limit on the total number of pupils for any particular grade level who may be recommended for community college summer session to 10%. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48800 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin insert of the school district end insert may authorize those
pupils, upon recommendation of the principal of the pupil’s school
of attendance, 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 begin insert of the school district end insert 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 begin insert of the school district end insert 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 principal of a school may recommend a pupil for
community college summer session only if that pupil meets all 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
more than begin delete 5 end delete begin insert 10 end insert percent of the total number of pupils who completed
that grade immediately begin delete prior to end delete begin insert before end insert the time of recommendation.

(3) A high school pupil recommended by his or her principal
for enrollment in a course shall not be included in the begin delete 5-percent end delete
begin insert 10-percent end insert limitation of pupils allowed to be recommended
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 begin delete that end delete begin insert the chancellor’s end insert
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
begin delete prior to end delete begin insert before end insert 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.

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SECTION 1.  

Section 47610 of the Education Code is amended
to read:

47610.  

A charter school shall comply with this part and all of
the provisions set forth in its charter, but is otherwise exempt from
the laws governing school districts, except for all of the following:

(a) As specified in Section 47611.

(b) As specified in Section 41365.

(c) All laws establishing minimum age for public school
attendance.

(d) The California Building Standards Code (Part 2
(commencing with Section 101) of Title 24 of the California Code
of Regulations), as adopted and enforced by the local building
enforcement agency with jurisdiction over the area in which the
charter school is located.

(e) Charter school facilities shall comply with subdivision (d)
by January 1, 2007.

end delete