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 AB 1451 Page 2 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 AB 1451 Page 3 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 AB 1451 Page 4 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. AB 1451 Page 5 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 AB 1451 Page 6 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 AB 1451 Page 7 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 AB 1451 Page 8 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) | AB 1451 Page 9 | | -------------------------------------------------------------- -------------------------------------------------------------- | | 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 AB 1451 Page 10 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) AB 1451 Page 11 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: AB 1451 Page 12 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 AB 1451 Page 13 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 AB 1451 Page 14 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 AB 1451 Page 15 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 AB 1451 Page 16 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