BILL NUMBER: SB 150	INTRODUCED
	BILL TEXT


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:

  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
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
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) A pupil, other than a nonimmigrant alien within the meaning of
paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, attending a community college as a special
part-time student pursuant to this section, if all of the following
are satisfied, shall be exempt from paying nonresident tuition at the
California Community Colleges:  
   (1) He or she has attended school in California for one year or
more.  
   (2) He or she is enrolled in a California high school.  
   (3) He or she is enrolled in a California community college
pursuant to this section and Section 76001.  
   (4) In the case of a pupil without lawful immigration status, an
affidavit has been filed with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.  
   (e) 
    (f)  Paragraphs (3), (4), and (5) of subdivision (d)
shall become inoperative on January 1, 2014.