Amended in Senate March 14, 2013

Senate Bill No. 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 amended, Lara. Pupils: concurrent enrollment in secondary school and community college begin insert : nonresident tuition exemption end insert .

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 begin delete a end delete 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 begin delete that end delete begin insert the end insert 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 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 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
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
begin delete who end delete receive begin delete a end delete passing begin delete grade end delete begin insert grades end insert . 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 begin delete of Title 2 end delete , compliance with
this subdivision shall not be waived.

(e) A pupil, other than a nonimmigrant alien within the meaning
of begin insert subparagraphs (A) to (S), inclusive, of end insert 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 begin delete , if all of the following are satisfied, end delete shall
be exempt from paying nonresident tuition at the California
Community Colleges begin insert , if all of the following are satisfied end insert :

(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.

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