Amended in Senate April 17, 2013

Senate Bill No. 730

Introduced by Senator Hancock

February 22, 2013

An act to begin insert amend Sections 76001 and 76300 of, and to end insert add Section begin delete 11302 end delete begin insert 48803 end insert to begin insert , end insert the Education Code, relating to school districts.

LEGISLATIVE COUNSEL’S DIGEST

SB 730, as amended, Hancock. School districts: begin delete middle college high schools. end delete begin insert pupil attendance at community college. end insert

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Under existing law, the Legislature declares that the goal of the middle college high school is to select at-risk high school pupils who are performing below their academic potential and place them in an alternative high school located on a community college campus in order to reduce the likelihood that the pupils will drop out of school before graduation. Existing law requires the California Community Colleges and the State Department of Education to collaborate with each other and their respective local community colleges and local school districts to ensure the continued success of existing middle college high schools and to promote the establishment of new middle college high schools.

end delete begin insert

Existing law authorizes the governing board of a community college district to admit to any community college under its jurisdiction as a special part-time or full-time student in any session or term any student who is eligible to attend community college pursuant to authorization given by the governing board of a school district, as specified.

end insert

This bill begin delete would, as a condition of participation in the middle college high school program, require end delete begin insert would authorize end insert the governing board of a community college district to enter into a formal partnership with a school district or school districts located within the service area of the community college district in order to provide high school pupils with specified academic opportunities. The bill would require begin delete the end delete begin insert a end insert partnership agreement begin insert entered into under the bill end insert to outline the begin delete terms end delete begin insert end insert begin insert scope and nature end insert of the partnership begin delete and authorize the partnership agreement to include other terms end delete . The bill would authorize the governing board of a community college district participating in a begin delete middle college high school end delete partnership begin insert program end insert to exempt pupils from begin insert end insert begin insert enrollment end insert fees begin delete for services end delete , begin insert as specified, end insert and to assign a higher enrollment priority to begin delete middle college high school pupils. end delete begin insert a student participating in a partnership program if that course is required for the student’s program of study. The bill would also make conforming changes. end insert begin delete The bill would require a community college district and school district that enter into a partnership agreement to provide for an independent evaluation of the partnership and would require the evaluation, which would include specified information, to be presented to the Chancellor of the California Community Colleges and the State Department of Education, on or before January 1, 2017. By requiring a district that participates in the middle college high school program on the effective date of this act to either enter into a partnership agreement or unwind an ongoing program, this bill would impose a state-mandated local program. end delete

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

SECTION 1.  

Section begin delete 11302 end delete begin insert 48803 end insert is added to the Education
Code, to read:

begin delete 11302. end delete
begin insert 48803. end insert   

(a) The governing board of a community college district
may enter into a formal partnership agreement with a school district
or school districts located within the service area of the community
college district in order to provide high school pupils with the
opportunity to benefit from all of the following:

(1) Advanced scholastic courses.

(2) Career-technical pathway courses.

(3) Vocational courses.

(4) Basic skills remediation courses.

(5) High school exit examination preparation.

(6) College preparation.

(7) English as a second language courses.

(8) Courses designed to prevent pupils from dropping out of
school, including an alternative high begin delete school pursuant to this
chapter. end delete begin insert school. end insert

begin delete

(b) (1) As a condition of participation in the middle college
high school program, a community college district shall enter into
a partnership agreement with each school district partner.

end delete begin delete

(2) The

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert partnership agreement begin insert entered into under this section end insert shall
outline the begin delete terms of the partnership and may include, but is not
necessarily limited to, all of the following: end delete begin insert scope and nature of
the partnership as a contract education program or other cohort
program. end insert

begin delete

(A) The scope and nature of the partnership as a fully established
middle college high school or contract education program.

(B) The funding mechanisms and transfer of apportionments
from the school district to the community college district for
additional pupil services.

(C) Enrollment fees.

(D) Fee waivers.

(E) Processes for sharing information, including information
related to pupils.

(c) (1) The governing board of a community college district
that is a party to a partnership agreement may, in whole or in part,
exempt pupils from fees for services, including, but not limited
to, fees charged pursuant to Section 66060, 76060.5, 76223, or
79121, or Article 2 (commencing with Section 76350) of Chapter
2 of Part 47 of Division 7 of Title 3.

(2) Pursuant to paragraph (2) of subdivision (e) of Section
76001, the

end delete begin insert

(c) The governing board of a community college district
participating in a partnership program pursuant to this section
may, in whole or in part, exempt special part-time or full-time
students taking more than 11 units per semester from the fee
required by Section 76300.

end insert

begin insert (d) end insert begin insert   end insert begin insert The end insert governing board of a community college district that
is a party to a partnership agreement may assign a higher
enrollment priority to begin delete pupils attending a middle college high school end delete
begin insert a student participating in a partnership program end insert as described in
this begin delete chapter end delete begin insert section if that course is required for the student’s
program of study end insert .

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(3) A pupil participating in a cohort pursuant to this chapter
may attend and earn college course credit and precollegiate credit
either at his or her middle college high school or at the participating
community college.

(d) If a community college district enters into a partnership
agreement with a school district pursuant to this section, the
community college district and school district shall provide for an
independent evaluation of the partnership. On or before January
1, 2017, the independent evaluation shall be provided to the
Chancellor of the California Community Colleges and the
department. The independent evaluation shall include, but is not
limited to, all of the following:

(1) Recommendations for the improvement of, and issues related
to, admitting middle college high school pupils, enrolling middle
college high school pupils, and course priority provided to middle
college high school pupils.

(2) A review and analysis of the partnership, including, but not
limited to, the number of pupils participating in each cohort, the
number of pupils who continue in the middle college high school
program in the following school year, and other indicators of pupil
success.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 76001 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

76001.  

(a) The governing board of a community college district
may admit to any community college under its jurisdiction as a
special part-time or full-time student in any session or term any
student who is eligible to attend community college pursuant to
Section 48800 begin delete or end delete begin insert , end insert 48800.5 begin insert , or 48803 end insert .

(b) If the governing board denies a request for a special part-time
or full-time enrollment at a community college for a pupil who is
identified as highly gifted, the board shall record its findings and
the reasons for denial of the request in writing 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) The attendance of a pupil at a community college as a special
part-time or full-time student pursuant to this section is authorized
attendance, for which the community college shall be credited or
reimbursed pursuant to Sections 48802 and 76002. Credit for
courses completed shall be at the level determined to be appropriate
by the school district and community college district governing
boards.

(d) For purposes of this section begin insert , and except as provided in
subdivision (c) of Section 48803 end insert , a special part-time student may
enroll in up to, and including, 11 units per semester, or the
equivalent thereof, at the community college.

(e) (1) Except as provided in paragraph (2), the governing board
of a community college district shall assign a low enrollment
priority to special part-time or full-time students described in
subdivision (a) in order to ensure that these students do not displace
regularly admitted students.

(2) This subdivision does not apply to a student attending a
middle college high school as described in Section 11300, if the
student is seeking to enroll in a community college course that is
required for the student’s middle college high school program.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 76300 of the end insert begin insert Education Code end insert begin insert , as amended by
Section 2 of Chapter 624 of the Statutes of 2012, is amended to
read: end insert

76300.  

(a) The governing board of each community college
district shall charge each student a fee pursuant to this section.

(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.

(2) The board of governors shall proportionately adjust the
amount of the fee for term lengths based upon a quarter system,
and also shall proportionately adjust the amount of the fee for
summer sessions, intersessions, and other short-term courses. In
making these adjustments, the board of governors may round the
per unit fee and the per term or per session fee to the nearest dollar.

(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of
governors shall subtract, from the total revenue owed to each
district, 98 percent of the revenues received by districts from
charging a fee pursuant to this section.

(d) The board of governors shall reduce apportionments by up
to 10 percent to any district that does not collect the fees prescribed
by this section.

(e) The fee requirement does not apply to any of the following:

(1) Students enrolled in the noncredit courses designated by
Section 84757.

(2) California State University or University of California
students enrolled in remedial classes provided by a community
college district on a campus of the University of California or a
campus of the California State University, for whom the district
claims an attendance apportionment pursuant to an agreement
between the district and the California State University or the
University of California.

(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course, including
administrative costs, is paid by the public or private agency,
corporation, or association with which the district is contracting
and if these students are not included in the calculation of the
full-time equivalent students (FTES) of that district.

(f) The governing board of a community college district may
exempt special part-time students admitted pursuant to Section
76001 from the fee requirement. begin insert However, the governing board
of a community college district participating in a partnership
program pursuant to Section 48803 may, in whole or in part,
exempt special part-time or full-time students taking more than
11 units per semester from the fee requirement. end insert

(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:

(A) Meets minimum academic and progress standards adopted
by the board of governors, which fulfill the requirements outlined
in this paragraph and paragraphs (2) to (5), inclusive. Any
minimum academic and progress standards adopted pursuant to
this section shall be uniform across all community college districts
and campuses. These standards shall not include a maximum unit
cap, and community college districts and colleges shall not impose
requirements for fee waiver eligibility other than the minimum
academic and progress standards adopted by the board of governors
and the requirements of subparagraph (B).

(B) Meets one of the following criteria:

(i) At the time of enrollment, is a recipient of benefits under the
Temporary Assistance for Needy Families program, the
Supplemental Security Income/State Supplementary Payment
Program, or a general assistance program.

(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.

(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.

(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic
and progress standards pursuant to subparagraph (A) of paragraph
(1):

(i) Minimum uniform academic and progress standards that do
not unfairly disadvantage financially needy students in pursuing
their education.

(ii) Criteria for reviewing extenuating circumstances and
granting appeals that, at a minimum, take into account and do not
penalize a student for circumstances outside his or her control,
such as reductions in student support services or changes to the
economic situation of the student.

(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.

(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to
these standards, pursuant to subparagraph (A) of paragraph (1)
and that is phased in to provide students adequate notification of
this requirement and information about available support resources.

(3) It is the intent of the Legislature that minimum academic
and progress standards adopted pursuant to subparagraph (A) of
paragraph (1) be implemented only as campuses develop and
implement the student support services and interventions necessary
to ensure no disproportionate impact to students based on ethnicity,
gender, disability, or socioeconomic status. The board of governors
shall consider the ability of community college districts to meet
the requirements of this paragraph before adopting minimum
academic and progress standards, or any subsequent changes to
these standards, pursuant to subparagraph (A) of paragraph (1).

(4) It is the intent of the Legislature to ensure that a student shall
not lose fee waiver eligibility without a community college campus
first demonstrating a reasonable effort to provide a student with
adequate notification and assistance in maintaining his or her fee
waiver eligibility. The board of governors shall adopt regulations
to implement this paragraph that ensure all of the following:

(A) Students are provided information about the available
student support services to assist them in maintaining fee waiver
eligibility.

(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) and that appropriate
notice is provided to students before the policies are put into effect.

(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no
less than two consecutive academic terms.

(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision
to the appropriate policy and fiscal committees of the Legislature
in accordance with the requirements of paragraph (1) of subdivision
(a) of Section 70901.5. This notification shall include, but not be
limited to, all of the following:

(A) The proposed minimum academic and progress standards
and information detailing how the requirements of paragraphs (1)
to (4), inclusive, have been or will be satisfied.

(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.

(C) The criteria for reviewing extenuating circumstances,
granting appeals, and reestablishing fee waiver eligibility pursuant
to paragraph (2).

(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. “Active service of the state,” for
the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of
the Military and Veterans Code.

(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.

(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate
program, who is the dependent of any individual killed in the
September 11, 2001, terrorist attacks on the World Trade Center
and the Pentagon or the crash of United Airlines Flight 93 in
southwestern Pennsylvania, if that dependent meets the financial
need requirements set forth in Section 69432.7 for the Cal Grant
A Program and either of the following applies:

(1) The dependent was a resident of California on September
11, 2001.

(2) The individual killed in the attacks was a resident of
California on September 11, 2001.

(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.

(l) (1) “Dependent,” for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as
a result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV
(commencing with Section 401) of Public Law 107-42).

(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.

(3) A dependent who is the surviving child, natural or adopted,
of an individual killed in the terrorist attacks of September 11,
2001, is entitled to the waivers under subdivision (j) until that
person attains 30 years of age.

(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board,
is also entitled to the waivers provided in this section until January
1, 2013.

(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g)
to (j), inclusive.

(2) From funds provided in the annual Budget Act, the board
of governors shall allocate to community college districts, pursuant
to this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an
amount equal to ninety-one cents ($0.91) per credit unit waived
pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be
used to support the determination of financial need and delivery
of student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college
districts pursuant to Commission on State Mandates consolidated
Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
(Enrollment Fee Waivers). Funds allocated to a community college
district for determination of financial need and delivery of student
financial aid services shall supplement, and shall not supplant, the
level of funds allocated for the administration of student financial
aid programs during the 1992-93 fiscal year.

(n) The board of governors shall adopt regulations implementing
this section.

(o) This section shall become operative on May 1, 2012, only
if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.

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SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete