BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 288


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          Date of Hearing:  April 29, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 288  
          (Holden) - As Amended April 22, 2015


          SUBJECT:  Public schools:  College and Career Access Pathways  
          partnerships


          SUMMARY:  Authorizes the governing board of a community college  
          district (CCD) to enter into a College and Career Access  
          Pathways (CCAP) partnership with the governing board of a school  
          district with the goal of developing seamless pathways from high  
          school to California Community Colleges (CCC) for career  
          technical education (CTE) or preparation for transfer, improving  
          high school graduation rates, or helping high school pupils  
          achieve college and career readiness.  Specifically, this bill:   



          1)Makes findings and declarations regarding the value and  
            benefits of dual enrollment, the need for California to  
            rethink its policies regarding dual enrollment, and the need  
            for the state to remove fiscal and policy barriers that  
            discourage dual enrollment opportunities. 

          2) Authorizes a CCD governing board to enter into a CCAP  
            partnership with a school district governing board for the  
            purpose of offering or expanding dual enrollment opportunities  
            with the goal of developing seamless pathways from high school  
            to community college for CTE or preparation for transfer,  








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            improving high school graduation rates, or helping high school  
            pupils achieve college and career readiness.

          3)Stipulates that as a condition of, and before adopting, a CCAP  
            partnership agreement, the governing board of each district,  
            at an open public meeting of that board, must present the dual  
            enrollment partnership agreement as an informational item;  
            and, at a subsequent open public meeting of that board, must  
            take comments from the public and approve or disapprove the  
            proposed agreement.



          4)Specifies that the CCAP partnership agreement must:



             a)   Outline the terms of the CCAP partnership and include,  
               but not necessarily be limited to, the scope, nature, time,  
               location, and listing of the ability of pupils to benefit  
               from those courses; 

             b)   Establish protocols for information sharing, joint  
               facilities use, and parental consent for high school pupils  
               to enroll in community college courses; and,



             c)   Identify a point of contact for the participating CCD  
               and school district partner.

          5)Requires that the CCAP partnership agreement shall certify all  
            of the following:

             a)   Any community college instructor teaching a course on a  
               high school campus has not been convicted of any sex  
               offense, as defined, or any controlled substance, as  
               defined;









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             b)   Any community college instructor teaching a course at  
               the partnering high school campus has not displaced or  
               resulted in the termination of an existing high school  
               teacher teaching the same course on that high school  
               campus;



             c)   A qualified high school teacher teaching a course  
               offered for college credit at a high school campus has not  
               displaced or resulted in the termination of an existing  
               community college faculty member teaching the same course  
               at the partnering community college campus;



             d)   Both the CCD and the school district partners comply  
               with local collective bargaining agreements and all state  
               and federal reporting requirements regarding the  
               qualifications of the faculty member or teacher teaching a  
               CCAP partnership course offered for high school credit;

             e)   Which participating district will be the employer of  
               record for purposes of assignment monitoring and reporting  
               to the county office of education and which participating  
               district will assume reporting responsibilities pursuant to  
               applicable federal teacher quality mandates; and



             f)   Remedial courses taught by community college faculty at  
               a partnering high school campus shall be offered only to  
               high school students who test as non-proficient in  
               mathematics, English or both on a formative assessment in  
               grade 10 or 11, as determined by the partnering school  
               district.

          6)Specifies that a copy of the CCAP partnership agreement must  
            be filed with the CCCCO and the California Department of  








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            Education before the start of the CCAP partnership.

          7)Specifies that a CCD participating in a CCAP partnership shall  
            not provide physical education course opportunities to high  
            school pupils, as specified.



          8)Specifies that a high school pupil enrolled in a course  
            offered through the CCAP partnership cannot be charged any fee  
            that is prohibited, as specified.



          9)Specifies that a CCD participating in a CCAP partnership may  
            assign priority for enrollment and course registration to a  
            pupil seeking to enroll in a community college course that is  
            required for the pupil's CCAP partnership program that is  
            equivalent to the priority assigned to a pupil attending a  
            middle college high school, as specified.



          10)Specifies that a CCD may limit enrollment in a community  
            college course solely to eligible high school students if the  
            course is offered at a high school campus during the regular  
            school day and the community college course is offered  
            pursuant to a CCAP agreement.



          11)Provides that a CCD conducting a closed course on a high  
            school campus, as specified, shall be credited with those  
            units of full-time equivalent students (FTES) attributable to  
            the attendance of eligible high school pupils.



          12)Specifies that a CCD may allow a special part-time student  








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            participating in a CCAP partnership agreement to enroll in up  
            to a maximum of 15 units per term if all of the following  
            circumstances are satisfied:



             a)   The units constitute no more than four community college  
               courses per term;

             b)   The units are part of an academic program that is part  
               of a CCAP; and,



             c)   The units are part of an academic program that is  
               designed to award students both a high school diploma and  
               an associate's degree.
          


           13)Provides that the governing board of a CCD participating in a  
            CCAP partnership agreement may, in whole or part, exempt  
            special part-time students, as specified, from fee  
            requirements, as specified.

          14)Provides that a district shall not receive a state allowance  
            or apportionment for an instructional activity for which the  
            partnering district has been, or shall be, paid an allowance  
            or apportionment.



          15)Provides that attendance of a high school pupil at a  
            community college as a special part-time or full-time student,  
            as specified, is authorized attendance for which the community  
            college shall be credited or reimbursed, provided that no  
            school district has received reimbursement for the same  
            instructional activity.









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          16)Provides that for each CCAP partnership agreement entered  
            into, the affected CCD and the school district shall annually  
            report to the CCCCO all of the following information:



             a)   Total number of high school pupils by school site  
               enrolled in each CCAP partnership;

             b)   Total number of community college courses by course  
               category and type and by school site enrolled in  by CCAP  
               partnership participants; 



             c)   Total number and percentage of successful course  
               completions, by course category and type and by school  
               site, of CCAP partnership participants; 



             d)   Total number of FTES generated by CCAP partnership CCD  
               participants; and

             e)   An evaluation of the CCAP partnerships and, based upon  
               the date collected, recommendations for program  
               improvement, including, but not necessarily limited to, the  
               need for additional student assistance or academic  
               resources to ensure the overall success of the CCAP  
               partnerships.



          17)Requires the CCAP partnership report to the CCCCO to be  
            transmitted to the Legislature, Director of Finance (DOF), and  
            the State Superintendent of Public Instruction (SPI).









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          18)Provides that a community college district that violates this  
            article, including, but limited to, any restriction imposed by  
            the board of governors pursuant to this article, shall be  
            subject to restrictions on interdistrict transfer.



          EXISTING LAW:  


          1)Authorizes the governing board of a school district, upon  
            recommendation of the principal of a student's school of  
            attendance, and with parental consent, to authorize a student  
            who would benefit from advanced scholastic or vocational work  
            to attend a community college as a special part-time or  
            full-time student.  

          2)Prohibits a pupil enrolled in a public school from being  
            required to pay a pupil fee for participation in an  
            educational activity; and, specifies that all of the following  
            requirements apply to the prohibition:  

             a)   All supplies, materials, and equipment needed to  
               participate in educational activities shall be provided to  
               pupils free of charge; 

             b)   A fee waiver policy shall not make a pupil fee  
               permissible; 

             c)   School districts and schools shall not establish a  
               two-tier educational system by requiring a minimal  
               educational standard and also offering a second, higher  
               educational standard that pupils may only obtain via  
               payment of a fee or purchase of additional supplies that  
               the school district does not provide; and, 

             d)   A school district or school shall not offer course  
               credit or privileges related to educational activities in  
               exchange for money or donations of goods or services from a  








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               pupil or a pupil's parents or guardians, and a school  
               district or school shall not remove course credit or  
               privileges related to educational activities, or otherwise  
               discriminate against a pupil, because the pupil or the  
               pupil's parents or guardians did not or will not provide  
               money or donations of goods or services to the school  
               district or school (EC Section 49011). 

          3)Requires the CCC Chancellor's Office to report to the  
            Department of Finance and Legislature annually on the amount  
            of FTES claimed by each CCC district for high school pupils  
            enrolled in non-credit, non-degree applicable, and degree  
            applicable courses; and provides that, for purposes of  
            receiving state apportionments, CCC districts may only include  
            high school students within the CCC district's report on FTES  
            if the students are enrolled in courses that are open to the  
            general public, as specified.  Additionally, current law  
            requires the governing board of a CCC district to assign a low  
            enrollment priority to special part-time or full-time students  
            in order to ensure that these students do not displace  
            regularly admitted community college students (EC Sections  
            76001 and 76002). 



          FISCAL EFFECT:  Unknown


          COMMENTS:  Concurrent and dual enrollment background.  According  
          to New Directions for Community Colleges, no. 169, Spring 2015,  
          the practice for offering college courses to high school  
          students stems from local practice in many states and was  
          initiated between CCDs and local school districts, but the  
          practice proceeded without clear state policy guidelines,  
          regulations, or direction; resulting in variation in local  
          practice.  Some states, such as Minnesota, as far back as the  
          1980s, were early adopters of state dual credit policies,  
          whereby their state policies provided a framework for offering  
          college courses to high school students and the students  








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          receiving both college and high school credit for some of their  
          courses. 


          Concurrent enrollment provides pupils the opportunity to enroll  
          in college courses and earn college credit while still enrolled  
          in high school.  Currently, a pupil is allowed to concurrently  
          enroll in a CCC as a "special admit" while still attending high  
          school, if the pupil's school district determines that the pupil  
          would benefit from "advanced scholastic or vocational work."   
          Special-admit students have typically been advanced pupils  
          wanting to take more challenging coursework or pupils who come  
          from high schools where Advanced Placement or honors courses are  
          not widely available.  Additionally, programs such as middle  
          college high schools and early college high schools use  
          concurrent enrollment to offer instructional programs for  
          at-risk pupils that focus on college preparatory curricula.   
          These programs are developed through partnerships between a  
          school district and a CCC.  During summer session at a CCC,  
          principals are limited to recommending no more than 5% of their  
          pupils in each grade level to enroll at a CCC during a summer  
          session.  Existing law provides certain exemptions to this  
          process (as aforementioned in current law above).  These  
          exemptions expired on January 1, 2014.  


          According to a February 2014 report by Education Commission of  
          the States (ECS), the number of U. S. public high schools  
          offering concurrent enrollment programs is growing, with 82%  
          providing such opportunities in 2011-12.  Academic research and  
          state experience highlight the benefits of concurrent enrollment  
          programs for improving college rates, particularly for minority  
          and/or low-income students.  Additionally, ECS finds that with  
          the possible exception of the state of Massachusetts, minority  
          and/or low-income students tend to be underrepresented in  
          statewide concurrent enrollment programs.


          Purpose of this bill.  The author states, "Gradually more  








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          students are entering community colleges and some CSUs  
          [California State University] assessing below college-level.   
          Consequently, more courses are being offered on their respective  
          campuses to prepare students for college level coursework."  The  
          author contends that, "This measure will increase the  
          accessibility of concurrent enrollment programs in order to  
          continue to achieve the goal of helping low achieving students  
          integrate into a college environment, increase the likelihood a  
          degree program will be completed, decrease the length of time to  
          complete a degree program, and stimulate interest in higher  
          education among high school students." 

          How many?  According to the CCCCO's statutorily required report  
          on special admit enrollments:  26,604 (the most recent data  
          available to date) special admit students were claimed  
          systemwide, in summer 2013, with 22,432 of the students  
          successfully completing and passing their courses.  The summer  
          2013 numbers have slightly increased when compared to the  
          previous last couple of years; however, the 2013 numbers remain  
          significantly lower when compared to summer 2007, when of the  
          68,708 special admit students claimed systemwide, 53,387  
          successfully completed and passed their courses.

          Double-dipping?  There is a common perception that concurrent  
          enrollment courses require a state to "pay twice" for a student  
          to take a single course.  However, according to ECS, "If the  
          dual enrollment opportunity is strong, rather than paying twice,  
          states are paying earlier."  ECS concludes that the state is  
          consolidating two payments into one if the community college  
          course that the high school pupil takes is transferable to the  
          postsecondary institution where he or she later enrolls.  To  
          address this issue, this measure specifies that a district shall  
          not receive a state allowance or apportionment for an  
          instructional activity for which the partnering district has  
          been, or shall be, paid an allowance or apportionment

          Highly qualified teachers.  Federal law requires all states to  
          take the following actions with regard to "highly qualified  
          teachers:"








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                 Measure the extent to which all students have highly  
               qualified teachers, particularly minority and disadvantaged  
               students;

                 Adopt goals and plans to ensure all teachers are highly  
               qualified; and 


                 Publicly report plans and progress in meeting teacher  
               quality goals.

          In order to be designated as highly qualified, a teacher must be  
          certificated.  However, the highly qualified teacher requirement  
          does not apply to community college faculty.  This bill avoids  
          the federal requirement by allowing the community college  
          district to be designated as the employer of record.

          Students who are concurrently enrolled under existing law can  
          earn high school credit as well as college credit for courses  
          taken.  Under existing law, however, those courses are taught at  
          a college campus and the number of students who may be  
          concurrently enrolled is limited.  This bill allows courses to  
          be taken for dual credit at a high school and does not impose a  
          limit on the number of students who can be concurrently  
          enrolled.  Under the partnership, courses for high school credit  
          can be taught by a community college instructor who is not  
          credentialed, which moves us in the opposition direction of  
          federal requirement.  Certification means a teacher has not only  
          the subject matter knowledge, but also the pedagogical training  
          and experience needed to effectively teach high school-aged  
          students.  While concurrent enrollment offers many advantages,  
          the committee may wish to consider how far California should go  
          in relaxing the requirement that courses for high school credit  
          be taught by certificated teachers.  

          REGISTERED SUPPORT / OPPOSITION:









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          Support


          Academic Senate for the California Community Colleges


          California Catholic Conference, Inc.


          California Chamber of Commerce


          California Community Colleges Chancellor's Office


          California Edge Coalition


          California School Boards Association


          Chaffey College


          Children Now


          College of the Siskiyous


          Community College League of California


          Compton Unified School District










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          Design Science Early College High School Boosters Club


          EdVoice


          Freemont Union High School District


          Gentrain Society


          Irvine Valley College


          Kern Community College District


          Los Angeles Community College District


          Los Angeles Unified School District


          Los Rios Community College District


          Napa Valley Community College District


          North Orange County Community College District


          Monterey Peninsula Community College District


          Orange County Business Council










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          Pasadena Community College District


          Peralta Community College District


          Rural County Representatives of California


          San Bernardino Community College District


          San Diego Community College District


          San Diego Unified School District


          San Francisco Community College District


          Santa Rosa Junior College


          Saddleback College


          South Orange County Community College District


          West Kern Community College District


          Yuba Community College District













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          Opposition


          None on file




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087