Senate BillNo. 150


Introduced by Senator Lara

January 31, 2013


An act to amend Section 48800 of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 150, as introduced, Lara. Pupils: concurrent enrollment in secondary school and community college.

Existing law authorizes the governing board of a school district to allow pupils whom the school district has determined would benefit from advanced scholastic or vocational work to attend a community college as special part-time or full-time students, as specified.

This bill would exempt a pupil, other than a nonimmigrant alien, as specified, attending a community college as a special part-time student from paying nonresident tuition at the community college if certain conditions are satisfied.

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

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

P1    1

SECTION 1.  

Section 48800 of the Education Code is amended
2to read:

3

48800.  

(a) The governing board of a school district may
4determine which pupils would benefit from advanced scholastic
5or vocational work. The intent of this section is to provide
6educational enrichment opportunities for a limited number of
7eligible pupils, rather than to reduce current course requirements
8of elementary and secondary schools, and also to help ensure a
P2    1smoother transition from high school to college for pupils by
2providing them with greater exposure to the collegiate atmosphere.
3The governing boardbegin insert of the school districtend insert may authorize those
4pupils, upon recommendation of the principal of the pupil’s school
5of attendance, and with parental consent, to attend a community
6college during any session or term as special part-time or full-time
7students and to undertake one or more courses of instruction offered
8at the community college level.

9(b) If the governing boardbegin insert of the school districtend insert denies a request
10for a special part-time or full-time enrollment at a community
11college for any session or term for a pupil who is identified as
12highly gifted, the governing boardbegin insert of the school districtend insert shall issue
13its written recommendation and the reasons for the denial within
1460 days. The written recommendation and denial shall be issued
15at the next regularly scheduled board meeting that falls at least 30
16days after the request has been submitted.

17(c) A pupil shall receive credit for community college courses
18that he or she completes at the level determined appropriate by the
19governing boards of the school district and community college
20district.

21(d) (1) The principal of a school may recommend a pupil for
22community college summer session only if that pupil meets all of
23the following criteria:

24(A) Demonstrates adequate preparation in the discipline to be
25studied.

26(B) Exhausts all opportunities to enroll in an equivalent course,
27if any, at his or her school of attendance.

28(2) For any particular grade level, a principal shall not
29recommend for community college summer session attendance
30more than 5 percent of the total number of pupils who completed
31that grade immediatelybegin delete prior toend deletebegin insert beforeend insert the time of recommendation.

32(3) A high school pupil recommended by his or her principal
33for enrollment in a course shall not be included in the 5-percent
34limitation of pupils allowed to be recommended pursuant to
35paragraph (2) if the course in which the pupil is enrolled meets
36one of the criterion listed in subparagraphs (A) to (C), inclusive,
37and the high school principal who recommends the pupil for
38enrollment provides the Chancellor of the California Community
39Colleges, upon the request ofbegin delete thatend deletebegin insert the chancellor’send insert office, with the
40data required for purposes of paragraph (4).

P3    1(A) The course is a lower division, college-level course for
2credit that is designated as part of the Intersegmental General
3Education Transfer Curriculum or applies toward the general
4education breadth requirements of the California State University.

5(B) The course is a college-level, occupational course for credit
6assigned a priority code of “A,” “B,” or “C,” pursuant to the
7Student Accountability Model, as defined by the Chancellor of the
8California Community Colleges and reported in the management
9information system, and the course is part of a sequence of
10vocational or career technical education courses leading to a degree
11or certificate in the subject area covered by the sequence.

12(C) The course is necessary to assist a pupil who has not passed
13the California High School Exit Examination (CAHSEE), does
14not offer college credit in English language arts or mathematics,
15and the pupil meets both of the following requirements:

16(i) The pupil is in his or her senior year of high school.

17(ii) The pupil has completed all other graduation requirements
18begin delete prior toend deletebegin insert beforeend insert the end of his or her senior year, or will complete
19all remaining graduation requirements during a community college
20summer session, which he or she is recommended to enroll in,
21following his or her senior year of high school.

22(4) On or before March 1 of each year, the Chancellor of the
23California Community Colleges shall report to the Department of
24Finance the number of pupils recommended pursuant to paragraph
25(3) who enroll in community college summer session courses and
26who receive a passing grade. The information in this report may
27be submitted with the report required by subdivision (c) of Section
2876002.

29(5) The Board of Governors of the California Community
30Colleges shall not include enrollment growth attributable to
31paragraph (3) as part of its annual budget request for the California
32Community Colleges.

33(6) Notwithstanding Article 3 (commencing with Section 33050)
34of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with
35this subdivision shall not be waived.

begin insert

36(e) A pupil, other than a nonimmigrant alien within the meaning
37of paragraph (15) of subsection (a) of Section 1101 of Title 8 of
38the United States Code, attending a community college as a special
39part-time student pursuant to this section, if all of the following
P4    1are satisfied, shall be exempt from paying nonresident tuition at
2the California Community Colleges:

end insert
begin insert

3(1) He or she has attended school in California for one year or
4more.

end insert
begin insert

5(2) He or she is enrolled in a California high school.

end insert
begin insert

6(3) He or she is enrolled in a California community college
7pursuant to this section and Section 76001.

end insert
begin insert

8(4) In the case of a pupil without lawful immigration status, an
9affidavit has been filed with the institution of higher education
10stating that the student has filed an application to legalize his or
11her immigration status, or will file an application as soon as he
12or she is eligible to do so.

end insert
begin delete

13(e)

end delete

14begin insert(f)end insert Paragraphs (3), (4), and (5) of subdivision (d) shall become
15inoperative on January 1, 2014.



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