BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 1451
          AUTHOR:        Holden
          AMENDED:       June 11, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 18, 2014
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :  Concurrent enrollment in high schools and  
          community colleges.
          
           SUMMARY  

          This bill authorizes the governing board of a school  
          district to enter into a formal concurrent enrollment  
          partnership agreement with a community college district  
          located within its immediate service area, with the goals  
          of developing a seamless pathway from high school to  
          community college for career-technical education or  
          preparation for transfer, improving high school graduation  
          rates, or helping high school pupils achieve college and  
          career readiness.

           BACKGROUND  

          Current law authorizes the governing board of a school  
          district, upon recommendation of the principal of a  
          student's school of attendance, and with parental consent,  
          to authorize a student who would benefit from advanced  
          scholastic or vocational work to attend a community college  
          as a special part-time or full-time student.  Additionally,  
          current law prohibits a principal from recommending, for  
          community college summer session attendance of more than 5%  
          of the total number of students in the same grade level.
           
          Note that as of January 1, 2014, the following courses were  
          no longer exempted from the 5% cap; the summer course was  
          (a) a lower division Intersegmental General Education  
          Transfer Curriculum (IGETC) course that applies to the  
          General Education breadth requirements of the California  
          State University (CSU), (b) the course is a college-level  
          occupational course for credit, and is part of a sequence  
          of vocational or career technical education courses that  






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          leads to a degree or certificate, as specified; or (c) the  
          course is necessary to assist a pupil who has not passed  
          the California High School Exit Exam and the student is in  
          the senior year, as specified. (Education Code § 48800 et  
          seq.) 

          Requires the California Community College Chancellor's  
          Office (CCCCO) to report to the Department of Finance and  
          Legislature annually on the amount of FTES claimed by each  
          CCC district for high school pupils enrolled in non-credit,  
          non-degree applicable, degree applicable (excluding  
          physical education), and degree applicable physical  
          education courses; and provides that, for purposes of  
          receiving state apportionments, CCC districts may only  
          include high school students within the CCC district's  
          report on FTES if the students are enrolled in courses that  
          are open to the general public, as specified.   
          Additionally, current law requires the governing board of a  
          CCC district to assign a low enrollment priority to special  
          part-time or full-time students in order to ensure that  
          these students do not displace regularly admitted community  
          college students 
          (EC § 76001 and 76002). 

           ANALYSIS
           
          This bill authorizes the governing board of a school  
          district to enter into a formal concurrent enrollment  
          partnership agreement with a community college district  
          located within its immediate service area, with the goals  
          of developing a seamless pathway from high school to  
          community college for career-technical education or  
          preparation for transfer, improving high school graduation  
          rates, or helping high school pupils achieve college and  
          career readiness.  More specifically, this bill:

          1)   Reinstates the course exemptions outlined above in the  
               Background from the 5% cap on summer session  
               concurrent enrollment and, includes an additional  
               exemption: courses necessary to address the  
               deficiencies in English language arts or mathematics  
               of a pupil who has not demonstrated college-readiness  
               on an Early Assessment Program assessment or a  
               successor common core-aligned assessment.  These  







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               exemptions are now scheduled to sunset January 1,  
               2017. 

          2)   Repeals the prohibition against the CCC Board of  
               Governors from including in its annual budget request  
               the concurrent enrollment of pupils who are exempted  
               from the 5% enrollment cap.
                
          3)   Specifies that a concurrently enrolled pupil may  
               receive community college and high school credit for  
               completed community college courses as determined to  
               be appropriate by the governing boards of the school  
               district and the community college district, in  
               accordance with state and federal law.

          4)   Authorizes the governing board of a school district to  
               enter into a concurrent enrollment partnership  
               agreement (CEPA) with the governing board of a  
               community college district located within its  
               immediate service area, with the goal of developing a  
               pathway from high school to community college for  
               career-technical education or preparation for  
               transfer.

          5)   Requires, as a condition of, and before adopting, a  
               CEPA, both the community college district and school  
               district, shall take testimony from the public and  
               approve or disapprove the proposed CEPA at a regularly  
               scheduled open meeting of the respective governing  
               boards. 




          6)   Requires concurrent enrollment partnership agreements  
               to: 

                  a)        Outline the terms of the partnership, and  
                    may include, but not be limited to, the scope,  
                    nature, and schedule of courses offered, and the  
                    criteria to assess the ability of pupils to  
                    benefit from those courses.  The partnership  
                    agreement may establish protocols for information  
                    sharing, joint facilities use, and parental  







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                    consent for pupils. 

                  b)        Identify a point of contact for the  
                    participating school district and community  
                    college district. 

                  c)        Certify that any community college  
                    instructor teaching a course on a high school  
                    campus has not been convicted of any sex offenses  
                    or any controlled substance offenses, as  
                    specified.

                  d)        Be filed with the State Superintendent of  
                    Public Instruction and the California Community  
                    College Chancellor's Office before the start of a  
                    program authorized by this statute.

                  e)        Prohibit a community college course  
                    offered through a CEPA from supplanting (1) high  
                    school courses meeting A-G course requirements;  
                    and (2) courses listed on the school district's  
                    master schedule.

          1)   Stipulates that a community college district shall not  
               provide physical education course opportunities to  
               secondary school pupils as part of any CEPA.

          2)   Permits a pupil to receive community college and high  
               school credit for community college courses that he /  
               she completes, as determined to be appropriate by the  
               governing boards of the school district and the  
               community college district, and in accordance with  
               other state and federal law.

          3)   Prohibits a pupil from being assessed any  
               course-related fees, as specified, for a community  
               college course offered through a CEPA.  

          4)   Specifies that a school district participating in a  
               partnership shall not receive a state allowance or  
               apportionment for an instructional activity for which  
               a community college district has been, or shall be,  
               paid an allowance or apportionment.








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          5)   Requires for each CEPA participating school districts  
               and community college districts to annually report  
               specified enrollment and outcome measures to the CCC  
               Chancellor's Office, and to the Legislature, the  
               Department of Finance, and the Superintendent of  
               Public Instruction.

          6)   Specifies a community college district shall not  
               receive a state allowance or apportionment for an  
               instructional activity for which a school district has  
               been, or shall be, paid an allowance or apportionment.

          7)   Exempts pupils attending an early college high school  
               and participants of the CEPA program from the  
               requirement that concurrently enrolled pupils be  
               assigned lower enrollment priority to ensure they do  
               not displace regularly admitted students.  (Note: this  
               provision already applies to middle college high  
               school students.)

          8)   Allows a community college district to allow a pupil  
               attending a middle or early college high school or a  
               pupil participating in a CEPA to enroll in up to a  
               maximum of 15 units if either : (a) the units  
               constitute no more than four community college courses  
               per term, or (b) those units are part of an academic  
               program offered at the middle or early college high  
               school that is designed to allow students to earn  
               enough credit to graduate with an associate's degree  
               or CTE certificate, or are part of a CEPA.

          9)   Requires that attendance of a pupil at a community  
               college as a special part-time or full-time student is  
               authorized attendance for which the community college  
               is credited or reimbursed, provided that no school  
               district has received reimbursement for the same  
               instructional activity.

          10)  Specifies that a community college district may limit  
               enrollment in a community college course solely to  
               high school pupils if the course is offered at a high  
               school campus, is not otherwise offered at the high  
               school, and the course is offered by a middle college  
               and/or early college high school and/or is offered  







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               pursuant to a CEPA.  This is for the purpose of  
               exempting these types of concurrent enrollment courses  
               from the community college requirement that all its  
               courses be open to the public.

          11)  Specifies that for purposes of allowance and  
               apportionments of the State School Fund, a community  
               college district conducting a closed course on a high  
               school campus shall be credited with additional units  
               of full-time equivalent students (FTES) attributable  
               to the attendance of eligible high school pupils,  
               unless the high school district has been or will be  
               paid an apportionment for that instructional activity.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author's office,  
               AB 1451 will [help] prepare secondary pupils integrate  
               into collegial environments, provide gifted students  
               more rigorous academic opportunities, provide  
               assistance to students studying for the California  
               High School Exit Exam, provide exposure to college as  
               a drop-out prevention tool for high school  
               administrators, generate interest in higher education  
               for students without college aspirations, and expand  
               opportunities for the development of job training  
               programs that prepare students for vocational careers.

           2)   Concurrent enrollment background.   Concurrent  
               enrollment provides pupils the opportunity to enroll  
               in college courses and earn college credit while still  
               enrolled in high school.  Currently, a pupil is  
               allowed to concurrently enroll in a CCC as a "special  
               admit" while still attending high school, if the  
               pupil's school district determines that the pupil  
               would benefit from "advanced scholastic or vocational  
               work."  Special-admit students have typically been  
               advanced pupils wanting to take more challenging  
               coursework or pupils who come from high schools where  
               Advanced Placement or honors courses are not widely  
               available.  Additionally, programs such as middle  
               college high schools and early college high schools  
               use concurrent enrollment to offer instructional  
               programs for at-risk pupils that focus on college  







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               preparatory curricula.  These programs are developed  
               through partnerships between a school district and a  
               CCC.  

           3)   Current status of Community Colleges  .  Since 2013, the  
               State economy has enjoyed a resurgence from our  
               prolonged economic recession.  However, the  
               Administration continues to be leery of over-extending  
               any program or enrollment expenditures.  Prior to  
               2013, General Fund reductions combined with increased  
               student demand had left the CCC unable to provide  
               course offerings to fully meet student needs.  
                
                According to a March 2013 report by the Public Policy  
               Institute of California (PPIC), course offerings had  
               declined from 420,000 to 334,000 since 2008 - 86,000  
               or 21% of course offerings - and most were credit  
               courses necessary to transfer or obtain a degree or  
               certificate.  
                
                When there is greater demand than there are course  
               offerings, course registration priorities play an  
               important role in managing enrollment by determining  
               which groups of students are enrolled in needed  
               courses and which students get turned away.  Since  
               this study was released the State has enjoyed a  
               greater economic growth that translates into greater  
               General Fund revenues.  However, as is typically the  
               case with community colleges, it takes up to three or  
               more years to recover from any one year of  
               extraordinary negative economic / budgetary impacts.   
               Given the failure to effectively serve adults in the  
               state, should community college districts continue to  
               be granted an exemption to exceed the 5 percent cap  
               that allows them to claim full-time equivalent  
               students (FTES) for serving high school students  
               (arguably a lower priority mission)?

           4)   Summer sessions  . According to the PPIC report cited in  
               staff comment #3, past budget cuts had resulted in  
               reductions in a higher proportion of summer course  
               sections than in either fall or spring terms. The  
               largest rates of enrollment decline have occurred  
               among special-admit students (concurrently enrolled  







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               K-12 students). The report noted that this is a  
               relatively small category of students. 

               In 2013, the Chancellor's Office reported that  
               community colleges are beginning to expand summer  
               course offerings. In an informal survey of the state's  
               112 colleges, 67 percent of those responding indicated  
               that they would offer more courses this summer than  
               they did last year. Twentythree percent of colleges  
               said they would offer about the same number of  
               classes, and only 10 percent said they planned to  
               decrease summer course offerings.   According to the  
               Chancellor of the Community Colleges, while the  
               increase in summer courses is a positive trend, it  
               will take years for the community colleges system to  
               make up for the $1.5 billion in cuts that forced  
               colleges to turn away 600,000 students over the past  
               five years. 

               To the extent that special part-time or full-time  
               students are required to have a lower enrollment  
               priority, current law should provide some assurance  
               that high school students would not displace regularly  
               admitted community college students who need to enroll  
               in limited summer session courses in order to meet  
               their educational objectives.

           5)   How many  ?  According to the CCC Chancellor's Office  
               statutorily required reports on special admit  
               enrollments:  In 2013 summer, 26,604 special admit  
               students were claimed systemwide, with 22,432 of the  
               students successfully completing and passing their  
               courses.  In 2013, the numbers have slightly increased  
               when compared to the previous years; however, the 2013  
               numbers remain significantly lower when compared to  
               summer 2007, when of the 68,708 special admit students  
               claimed systemwide, 53,388 successfully competed and  
               passed their courses.

            -------------------------------------------------------------- 
           |      California Community Colleges Chancellor's Office       |
           |   Statewide Total Number of High School Pupils Completing    |
           |                            Summer                            |
           |     Session Courses with a Passing Grade (Section 48800)     |







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           |                                                              |
            -------------------------------------------------------------- 
            -------------------------------------------------------------- 
           |              | Number of Special-|                           |
           |Summer        |      Admit Pupils |  Change From Prior Year   |
           |Session       |          Passing  |                           |
            -------------------------------------------------------------- 
           |--------------+-------------------+------------+--------------|
           |     2005     |       51,435      |            |              |
           |--------------+-------------------+------------+--------------|
           |     2006     |      48,031       |      -3,404|        -6.62%|
           |--------------+-------------------+------------+--------------|
           |     2007     |      53,388       |       5,357|        11.15%|
           |--------------+-------------------+------------+--------------|
           |     2008     |      59,303       |       5,915|        11.08%|
           |--------------+-------------------+------------+--------------|
           |     2009     |      48,383       |     -10,920|       -18.41%|
           |--------------+-------------------+------------+--------------|
           |     2010     |      27,933       |     -20,450|       -42.27%|
            -------------------------------------------------------------- 
           |     2011     |      21,118       |      -6,815|       -24.40%|
           |--------------+-------------------+------------+--------------|
           |     2012     |      16,403       |      -4,715|-22.33%       |
            -------------------------------------------------------------- 


           6)   K-12 Local Control Funding Formula and Accountability  .  
                The state's K-12 public school financing system was  
               significantly reformed as part of the 2013 State  
               budget. The purposes of reform were to simplify the  
               funding scheme and make it more transparent to the  
               public, to direct greater resources to the student  
               populations with the greatest educational needs,  to  
               give local educational agencies (LEAs) increased  
               spending flexibility to improve student outcomes  , and  
               to broaden the accountability system with a new  
               accountability process focused at the local level  
               where parents, students, and the public could have  
               meaningful input into spending decisions. 

               For accountability purposes, the state also mandated  
               that each LEA develop a local control and  
               accountability plan (LCAP) that identifies locally  
               determined goals, actions, services, and expenditures  







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               of LCFF funds for each school year in support of the  
               state educational priorities that are specified in  
               statute, as well as any additional local priorities.  
               LEAs must adopt their first LCAP by July 1, 2014.

               The eight state priorities that must be addressed in  
               the LCAP, for all students and significant student  
               subgroups in a school district and at each school,  
               are: 

                  a)        Williams settlement issues (adequacy of  
                    credentialed teachers, instructional materials,  
                    and school facilities).

                  b)        Implementation of academic content  
                    standards.

                  c)        Parental involvement.

                  d)        Pupil achievement (in part measured by  
                    statewide assessments, API, and progress of  
                    English-language learners toward English  
                    proficiency). 

                  e)        Pupil engagement (as measured by  
                    attendance, graduation, and dropout data).

                  f)        School climate (in part measured by  
                    suspension and expulsion rates).

                  g)        The extent to which students have access  
                    to a broad course of study.

                  h)        Pupil outcomes for non-state-assessed  
                    courses of study.

               Arguably local educational agencies will now have both  
               greater resources and flexibility, while being held  
               accountable for significant outcomes.  

               While concurrent enrollment summer school can  
               positively affect a pupil's academic success; it is  
               unclear why courses necessary to address deficiencies  
               identified in an Early Assessment Program (EAP)  







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               assessment should be exempted from the 5 percent cap  
               of pupils that can attend a concurrent enrollment  
               summer session  The EAP is generally administered to  
               high school students in their junior year, ostensibly  
               to allow students the opportunity to take coursework  
               to address any deficits in their senior year and to  
               provide school districts and teachers with feedback  
                                                          and professional development opportunities to ensure  
               that high school curriculum is actually preparing  
               students for college level coursework.  As drafted,  
               this bill would increase costs to the state to fund  
               community colleges to conduct this activity.   
               Arguably, the EAP exists to ensure that high schools  
               can address remediation needs before the student  
               enrolls in a postsecondary institution, either in the  
               summer of their junior year, or as an adult the summer  
               prior to enrolling in college.  In light of the fact  
               that current law already authorizes a waiver from the  
               5 percent cap for pupils needing to pass the  
               California High School Exit exam, should this  
               committee authorize that community colleges receive  
               funding for fulfilling yet another function which  
               arguably should be occurring at the high school? 

           1)   Concurrent enrollment still holds promise  .  According  
               to a February 2014 report by the Education Commission  
               of the States (ECS), the number of United States  
               public high schools offering concurrent enrollment  
               programs is growing, with 82% providing such  
               opportunities in 2011-12, the most recent national  
               data available.  Academic research and state  
               experience highlight the benefits of concurrent  
               enrollment programs for improving college rates.   
               Additionally, ECS finds that with the possible  
               exception of the State of Massachusetts, minority  
               and/or low-income students tend to be underrepresented  
               in statewide concurrent enrollment programs.

               A preponderance of academic research and state data  
               underscore the benefits of concurrent enrollment  
               programs, particularly for students traditionally  
               underrepresented in higher education in the United  
               States. Data suggest that concurrently enrolled  
               students share the following characteristics: 







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                  a)        More likely to meet college-readiness  
                    benchmarks.

                  b)        More likely to enter college, and enter  
                    shortly after high school graduation.

                  c)        Lower likelihood of placement into  
                    remedial English or math.

                  d)        Higher first-year grade point average  
                    (GPA).

                  e)        Higher second-year retention rates.

                  f)        Higher four- and six-year college  
                    completion rates.

                  g)        Shorter average time to bachelor's degree  
                    completion for those completing in six years or  
                    less.

               With these positive benefits in mind, and in  
               consideration and sensitivity to California's recent  
               changes in K-12 education funding and accountability,  
               past economic woes, and former problems with our  
               concurrent enrollment programs, staff recommends a  
               number of amendments both technical and substantive  
               (to be assisted by Legislative Counsel) as follows:

               a)        On page 6, strike lines 18 to 21.  This  
                    amendment eliminates the ability of concurrent  
                    courses based on EAP results to be exempt from  
                    the 5 percent cap on summer session enrollment;  
                    it in no way prohibits these types of courses to  
                    be part of a concurrent enrollment partnership  
                    agreement.

               b)        On page 7, between lines 3 and 11(and  
                    associated paragraphs on pages 10 and 11),  
                    insert: the requirement that each governing body  
                    have two separate public meetings. One open  
                    public meeting to provide the concurrent  
                    enrollment partnership agreement as an  







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                    informational item, and a subsequent open public  
                    meeting to approve or disapprove an agreement. 

               c)        On page 7, strike line 13 and 14 (and  
                    associated paragraph on page 11), and insert:  
                    outline the terms of the partnership, and shall  
                    include, but not be limited to, the scope,  
                    nature, and schedule of courses

               d)        On page 7, line 23 (and associated paragraph  
                    on page 11), strike "certify" and insert: must  
                    include a certification by the participating  
                    community college district 

               e)        On page 7, line 30 (and associated paragraph  
                    on page 11), before "authorized" insert: or  
                    course

               f)        On page 8, between lines 3 and 4 (and  
                    associated paragraph on page 11), insert: (5) A  
                    community college district must include a  
                    self-certification that participation in a  
                    concurrent enrollment partnership program is  
                    consistent with the core mission of community  
                    colleges pursuant to Education Code Section  
                    66010.4 and that pupils participating in a  
                    concurrent enrollment partnership program will  
                    not lead to enrollment displacement of otherwise  
                    eligible adults in the community college.

               g)        On page 9, between lines 6 and 7, this  
                    section sunsets as of January 1, 2020. This will  
                    provide ample time to plan, implement, and  
                    analyze the results of at least two cohorts of  
                    high school students going through this process. 

           1)   According to the Assembly Appropriations Committee  to  
               the extent districts can claim apportionment funding  
               for additional concurrently enrolled students, there  
               will be increased General Fund (Proposition 98) costs.  
                The equivalent of only 33 FTES statewide, at the  
               current funding rate of $4,636 per FTES would exceed  
               $150,000.  To the extent, however, that community  
               colleges as a whole are already using all state funds  







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               apportioned for enrollment, the bill will result in  
               additional unknown Proposition 98 cost pressure.  

               To the extent the bill results in more students  
               accelerating their postsecondary education - by  
               reducing their need for post-high school remediation  
               and/or by reducing their time to degree - the state  
               and students will benefit from these efficiencies.  To  
               the extent more students obtain needed remediation  
               through community college courses, rather than upon  
               entering the California State University, the state  
               will realize savings equal to the difference in state  
               support per student between the two segments. 

           2)   Related legislation  .  There have been many bills  
               introduced in the last several years that address  
               concurrent enrollment and the 5% cap, including the  
               following:

               a)        AB 1540 (Hagman, 2014), which was held under  
                    submission by the Assembly Appropriations  
                    Committee, authorizes the creation of concurrent  
                    enrollment partnerships for computer science  
                    courses.

               b)        AB 1146 (Morrill, 2013), which was held on  
                    the Senate Appropriations suspense file, would  
                    have extended, from January 1, 2014 to January 1,  
                    2019, the exemption from the 5% cap on concurrent  
                    enrollment for pupils who enroll in community  
                    college summer session courses that meet  
                    specified criteria.

               c)        AB 160 (Portantino, 2011), which was held on  
                    the Senate Appropriations Committee suspense  
                    file, would have removed certain restrictions on  
                    concurrent enrollment and authorized school  
                    districts to enter into partnerships with  
                    community college districts to provide high  
                    school pupils opportunities for advanced  
                    scholastic work, career technical or other  
                    coursework at CCC campuses.  

               d)        AB 230 (Carter), Chapter 50, Statutes of  







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                    2011, exempted a pupil attending a middle college  
                    high school from the requirement that community  
                    college governing boards assign a low enrollment  
                    priority to concurrent enrollment students if  
                    that pupil is seeking to enroll in a community  
                    college course that is required for the pupil's  
                    middle college high school program.  

               e)        SB 1303 (Runner), Chapter 648, Statutes of  
                    2006, exempted from the specified 5% cap on CCC  
                    summer session enrollment, a pupil recommended by  
                    his or her principal if the pupil met specified  
                    criteria. 

           SUPPORT  

          Academic Senate for California Community Colleges
          Bonita Unified School District
          California Chamber of Commerce
          California Communities United Institute 
          California Community Colleges Chancellor's Office
          California Federation of Teachers
          California State Conference of the NAACP
          California State University
          California Urban Partnership
          Carpinteria Unified School District
          Chaffey Community College District
          Citrus College
          Claremont Unified School District
          Community college League of California
          EDGE Coalition
          EdVoice
          Foothill-De Anza Community College District
          Hispanic Association of Colleges and Universities
          Kern Community College District
          Kern Community College District
          La Verne Chamber of Commerce
          Los Angeles Community College District
          Los Rios Community College District
          Newport-Mesa Unified School District
          Pasadena City College
          Pasadena Community College District
          Peralta Community College District
          PolicyLink







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          Public Advocates
          Rancho Santiago Community College District
          Rural County Representatives of California 
          San Bernardo Community College District
          San Diego Community College District
          San Diego Unified School District
          Santa Barbara City College District
          Santa Barbara Unified School District Board of Trustees
          Silicon Valley Leadership Group 
          South Orange County
          StudentsFirst
          West Kern Community College District
          Yosemite Community College District
          Yuba County Community College District

           OPPOSITION

           California Teachers Association