BILL NUMBER: AB 1146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Morrell
FEBRUARY 22, 2013
An act to amend Section 47610 48800
of the Education Code, relating to charter schools
pupils .
LEGISLATIVE COUNSEL'S DIGEST
AB 1146, as amended, Morrell. Charter schools.
Pupils: concurrent enrollment in secondary school and community
college.
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.
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.
This bill would make technical, nonsubstantive changes to
these provisions. 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%.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48800 of the
Education Code is amended to read:
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 of the school
district 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 of the school district
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 of the school
district 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
5 10 percent of the total number of
pupils who completed that grade immediately prior to
before 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
5-percent 10-percent 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 that
the chancellor's 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
prior to before 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.
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.