Amended in Senate July 13, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 288


Introduced by Assembly Members Holden and Olsen

(Principal coauthors: Assembly Members Baker, Chávez, McCarty, Santiago, and Ting)

(Coauthors: Assembly Members Alejo and Weber)

February 11, 2015


An act to addbegin insert and repealend insert Section 76004 to the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 288, as amended, Holden. Public schools: College and Career Access Pathways partnerships.

Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law requires credit to be awarded to these pupils, as specified, authorizes a school principal to recommend a pupil for community college summer session if the pupil meets specified criteria, and prohibits the principal from recommending more than 5% of the total number of pupils from any particular grade level who completed that grade immediately before the time of recommendation for summer session attendance.

This bill would authorize the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways 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. The bill would require the partnership agreement to outline the terms of the partnership, as specified, and to establish protocols for information sharing, joint facilities use, and parental consent for high school pupils to enroll in community college courses.

The bill would authorize specified high school pupils to enroll in up to 15 units per term if those units are required for these pupils’ partnership programs and specified conditions are satisfied, and would authorize a community college district to exempt special part-time and full-time students taking up to a maximum of 15 units per term from specified fee requirements. The bill would prohibit a district from receiving a state allowance or apportionment for an instructional activity for which the partnering district has been, or will be, paid an allowance or apportionment under a concurrent enrollment partnership agreement. The bill would require, for each partnership agreement entered into under the bill, the affected community college district and school district to provide an annual report, containing specified data, to the office of the Chancellor of the California Community Colleges.begin insert The bill would require the chancellor to prepare a summary report, no later than January 1, 2021, that includes an evaluation of the partnerships, as specified. The bill’s provisions would be repealed on January 1, 2022.end insert

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Research has shown that dual enrollment can be an effective
4means of improving the educational outcomes for a broad range
5of students.

6(b) Dual enrollment has historically targeted high-achieving
7students; however, increasingly, educators and policymakers are
8looking toward dual enrollment as a strategy to help students who
9struggle academically or who are at risk of dropping out.

P3    1(c) Allowing a greater and more varied segment of high school
2pupils to take community college courses could provide numerous
3benefits to both the pupils and the state, such as reducing the
4number of high school dropouts, increasing the number of
5community college students who transfer and complete a degree,
6shortening the time to completion of educational goals, and
7improving the level of preparation of students to successfully
8complete for-credit,begin delete college-level,end deletebegin insert college-levelend insert courses.

9(d) California should rethink its policies governing dual
10enrollment, and establish a policy framework under which school
11districts and community college districts could create dual
12enrollment partnerships as one strategy to provide critical support
13for underachieving students, those from groups underrepresented
14in postsecondary education, those who are seeking advanced
15studies while in high school, and those seeking a career technical
16 education credential or certificate.

17(e) Through dual enrollment partnerships, school districts and
18community college districts could create clear pathways of aligned,
19sequenced coursework that would allow students to more easily
20and successfully transition to for-credit, college-level coursework
21leading to an associate degree, transfer to the University of
22California or the California State University, or to a program
23leading to a career technical education credential or certificate.

24(f) To facilitate the establishment of dual enrollment
25partnerships, the state should remove fiscal penalties and policy
26barriers that discourage dual enrollment opportunities. By reducing
27some of these restrictions, it will be possible to expand dual
28enrollment opportunities, thereby saving both students and the
29state valuable time, money, and scarce educational resources.

30

SEC. 2.  

Section 76004 is added to the Education Code, to read:

31

76004.  

Notwithstanding Section 76001 or any other law:

32(a) The governing board of a community college district may
33enter into a College and Career Access Pathways (CCAP)
34partnership with the governing board of a school district for the
35purpose of offering or expanding dual enrollment opportunities
36begin insert for students who may not already be college bound or who are
37underrepresented in higher education,end insert
with the goal of developing
38seamless pathways from high school to community college for
39career technical education or preparation for transfer, improving
P4    1high school graduation rates, or helping high school pupils achieve
2college and career readiness.

3(b) A participating community college district may enter into a
4CCAP partnership with a school district partner that is governed
5by a CCAP partnership agreement approved by the governing
6boards of both districts. As a condition of, and before adopting, a
7CCAP partnership agreement, the governing board of each district,
8at an open public meeting of that board, shall present the dual
9enrollment partnership agreement as an informational item. The
10governing board of each district, at a subsequent open public
11meeting of that board, shall take comments from the public and
12approve or disapprove the proposed agreement.

13(c) (1) The CCAP partnership agreement shall outline the terms
14of the CCAP partnership and shall include, but not necessarily be
15limited to,begin insert the total number of high school students to be served
16and the total number of full-time equivalent students projected to
17be claimed by the community college district for those students;end insert

18 the scope, nature, time, location, and listing of community college
19courses to bebegin delete offered,end deletebegin insert offered;end insert and criteria to assess the ability of
20pupils to benefit from those courses. The CCAP partnership
21agreement shall also establish protocols for information sharing,
22begin insert in compliance with all applicable state and federal privacy laws,end insert
23 joint facilities use, and parental consent for high school pupils to
24enroll in community college courses.

25(2) The CCAP partnership agreement shall identify a point of
26contact for the participating community college district and school
27district partner.

28(3) A copy of the CCAP partnership agreement shall be filed
29with the office of the Chancellor of the California Community
30Colleges and with the department before the start of the CCAP
31partnership.begin insert The chancellor may void any CCAP partnership
32agreement it determines has not complied with the intent of the
33requirements of this section.end insert

34(d) A community college district participating in a CCAP
35partnership shall not provide physical education course
36opportunities to high school pupils pursuant to this section or any
37other course opportunities that do not assist in the attainment of
38at least one of the goals listed in subdivision (a).

39(e) A community college district shall not enter into a CCAP
40partnership with a school district within the service area of another
P5    1community college district, except where an agreement exists, or
2is established, between those community college districts
3authorizing that CCAP partnership.

4(f) A high school pupil enrolled in a course offered through a
5CCAP partnership shall not be assessed any fee that is prohibited
6by Section 49011.

7(g) A community college district participating in a CCAP
8partnership may assign priority for enrollment and course
9registration to a pupil seeking to enroll in a community college
10course that is required for the pupil’s CCAP partnership program
11that is equivalent to the priority assigned to a pupil attending a
12middle college high school as described in Section 11300 and
13consistent with middle college high school provisions in Section
1476001.

15(h) The CCAP partnership agreement shall certify that any
16community college instructor teaching a course on a high school
17campus has not been convicted of any sex offense as defined in
18Section 87010, or any controlled substance offense as defined in
19Section 87011.

20(i) The CCAP partnership agreement shall certify that any
21community college instructor teaching a course at the partnering
22high school campus has not displaced or resulted in the termination
23of an existing high school teacher teaching the same course on that
24high school campus.

25(j) The CCAP partnership agreement shall certify that a qualified
26high school teacher teaching a course offered for college credit at
27a high school campus has not displaced or resulted in the
28termination of an existing community college faculty member
29teaching the same course at the partnering community college
30campus.

31(k) The CCAP partnership agreement shallbegin delete certify that aend deletebegin insert include
32a certification by the participating community college district of
33both of the following:end insert

34begin insert(1)end insertbegin insertend insertbegin insertAend insert community college course offered for college credit at the
35partnering high school campus does not reduce access to the same
36course offered at the partnering community college campus.

begin insert

37(2) Participation in a CCAP partnership is consistent with the
38core mission of the community colleges pursuant to Section
3966010.4, and that pupils participating in a CCAP partnership will
P6    1not lead to enrollment displacement of otherwise eligible adults
2in the community college.

end insert

3(l) The CCAP partnership agreement shall certify that both the
4school district and community college district partners comply
5with local collective bargaining agreements and all state and federal
6reporting requirements regarding the qualifications of the teacher
7or faculty member teaching a CCAP partnership course offered
8for high school credit.

9(m) The CCAP partnership agreement shall specify both of the
10following:

11(1) Which participating district will be the employer of record
12for purposes of assignment monitoring and reporting to the county
13office of education.

14(2) Which participating district will assume reporting
15responsibilities pursuant to applicable federal teacher quality
16mandates.

17(n) The CCAP partnership agreement shall certify thatbegin insert anyend insert
18 remedialbegin delete coursesend deletebegin insert courseend insert taught by community college faculty at
19a partnering high school campus shall be offered only to high
20school students who test as nonproficient in math, English, or both
21on a formative assessment in grade 10 or 11, as determined by the
22partnering schoolbegin delete district.end deletebegin insert district, and shall involve a collaborative
23effort between high school and community college faculty to deliver
24an innovative remediation course as an intervention in the student’s
25junior or senior year to ensure the student is prepared for
26collegeend insert
begin insert-level work upon graduation.end insert

27(o) (1) A community college district may limit enrollment in
28a community college course solely to eligible high school students
29if the course is offered at a high school campus during the regular
30school day and the community college course is offered pursuant
31to a CCAP partnership agreement.

32(2) For purposes of allowances and apportionments from Section
33B of the State School Fund, a community college district
34conducting a closed course on a high school campus pursuant to
35paragraph (1) of subdivision (p) shall be credited with those units
36of full-time equivalent students attributable to the attendance of
37eligible high school pupils.

38(p) A community college district may allow a special part-time
39student participating in a CCAP partnership agreement established
P7    1pursuant to this article to enroll in up to a maximum of 15 units
2per term if all of the following circumstances are satisfied:

3(1) The units constitute no more than four community college
4courses per term.

5(2) The units are part of an academic program that is part of a
6CCAP partnership agreement established pursuant to this article.

7(3) The units are part of an academic program that is designed
8to award students both a high school diploma and an associate’s
9degree.

10(q) The governing board of a community college district
11participating in a CCAP partnership agreement established pursuant
12to this articlebegin delete may, in whole or in part,end deletebegin insert shallend insert exempt special
13part-time students described in subdivision (p) from the fee
14requirements in Sections 76060.5, 76140, 76223, 76300, 76350,
15and 79121.

16(r) A district shall not receive a state allowance or apportionment
17for an instructional activity for which the partnering district has
18been, or shall be, paid an allowance or apportionment.

19(s) The attendance of a high school pupil at a community college
20as a special part-time or full-time student pursuant to this section
21is authorized attendance for which the community college shall
22be credited or reimbursed pursuant to Section 48802 or 76002,
23provided that no school district has received reimbursement for
24the same instructional activity.

25(t) (1) For each CCAP partnership agreement entered into
26pursuant to this section, the affected community college district
27and school district shall report annually to the office of the
28Chancellor of the California Community Colleges all of the
29following information:

30(A) The total number of high school pupils by schoolsite
31enrolled in each CCAP partnership,begin delete by gender and ethnicity.end delete
32begin insert aggregated by gender and ethnicity, and reported in compliance
33with all applicable state and federal privacy laws.end insert

34(B) The total number of community college courses by course
35 category and type and by school site enrolled in by CCAP
36partnership participants.

37(C) The total number and percentage of successful course
38 completions, by course category and type and by schoolsite, of
39CCAP partnership participants.

P8    1(D) The total number of full-time equivalent students generated
2by CCAP partnership community college district participants.

3(2) begin deleteThe report shall include end deletebegin insertOn or before January 1, 2021, the
4chancellor shall prepare a summary report that includes end insert
an
5evaluation of the CCAP partnershipsbegin insert, an assessment of trends in
6the growth of special admits systemwide and by campus,end insert
and, based
7upon the data collected pursuant to this section,begin delete shall includeend delete
8 recommendations for program improvements, including, but not
9necessarily limited to,begin insert both of the following:end insert

10begin insert(A)end insertbegin insertend insertbegin insertAny recommended changes to the statewide cap on special
11admit full-time equivalent students to ensure that adults are not
12being displaced.end insert

13begin insert (B)end insertbegin insertend insertbegin insertAny recommendation concerningend insert the need for additional
14 student assistance or academic resources to ensure the overall
15success of the CCAP partnerships.

16begin insert (3)end insertbegin insertend insertbegin insertThe chancellor shall ensure that the number of full-time
17equivalent students generated by CCAP partnerships is reported
18pursuant to the reporting requirements in Section 76002.end insert

19(u) The annual report required by subdivision (t) shall also be
20transmitted to all of the following:

21(1) The Legislature, in compliance with Section 9795 of the
22Government Code.

23(2) The Director of Finance.

24(3) The Superintendent.

25(v) A community college district that violates this article,
26including, but not necessarily limited to, any restriction imposed
27by the board of governors pursuant to this article, shall be subject
28to the same penalty as may be imposed pursuant to subdivision
29(d) of Section 78032.

begin insert

30(w) The statewide number of full-time equivalent students
31claimed as special admits shall not exceed 10 percent of the total
32number of full-time equivalent students claimed statewide.

end insert
begin insert

33(x) Nothing in this section is intended to affect a dual enrollment
34partnership agreement existing on the effective date of this section
35under which an early college high school, a middle college high
36school, or California Career Pathways Trust existing on the
37effective date of this section is operated. An early college high
38school, middle college high school, or California Career Pathways
39Trust partnership agreement existing on the effective date of this
P9    1section shall not operate as a CCAP partnership unless it complies
2with the provisions of this section.

end insert
begin insert

3(y)This section shall remain in effect only until January 1, 2022,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2022, deletes or extends that date.

end insert


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