BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 288


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          ASSEMBLY THIRD READING


          AB  
          288 (Holden and Olsen)


          As Amended  April 22, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Higher          |12-0  |Medina, Baker,      |                      |
          |Education       |      |Bloom, Harper,      |                      |
          |                |      |Irwin,              |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Jones-Sawyer,       |                      |
          |                |      |Levine, Linder,     |                      |
          |                |      |Low, Santiago,      |                      |
          |                |      |Weber, Williams     |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Education       |6-0   |O'Donnell, Chávez,  |                      |
          |                |      |Kim, Santiago,      |                      |
          |                |      |Thurmond, Weber     |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |
          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |








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          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
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          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,  
            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  








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            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;
             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  








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               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 CCC Chancellor's Office (CCCCO) and the  
            California Department of 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.








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          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  
            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  








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            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.


          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.










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          17)Requires the CCAP partnership report to the CCCCO to be  
            transmitted to the Legislature, Director of Finance, and the  
            State Superintendent of Public Instruction.
          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.  Additionally, current law prohibited a principal from  
            recommending, for community college summer session attendance,  
            more than 5% of the total number of students in the same grade  
            level and exempted from the 5% cap a student recommended by his  
            or her principal for enrollment in a college-level summer  
            session course if the course in which the pupil was enrolled met  
            specified criteria.  These exemptions were repealed on January  
            1, 2014 (Education Code (EC) Section 48800, et seq.). 


          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; 









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             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 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 CCCCO 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:  According to the Assembly Appropriations  
          Committee:


          1)To the extent CCDs can claim apportionment funding for  








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            additional concurrently enrolled students, there will be  
            increased General Fund (Proposition 98 (1988)) costs.  The  
            equivalent of only 33 additional FTES statewide, at the current  
            funding rate of $4,676 per FTES would exceed $150,000.  To the  
            extent, however, that community colleges as a whole are already  
            using all state funds apportioned for enrollment, this measure  
            will result in unknown Prop 98 cost pressures to allocate  
            additional state funding to the CCC's for enrollment growth.


          2)To the extent this measure results in more students accelerating  
            their postsecondary education-by reducing their need for  
            post-high school remediation and/or by reducing their time to  
            degree-the state and students will benefit from these  
            efficiencies.  To the extent more students obtain needed  
            remediation through community college courses, rather than upon  
            entering the California State University, the state will realize  
            savings equal to the difference in state support per student  
            between the two segments.


          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 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,  








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          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.  


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








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          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 Education Commission  
          of the States (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.  




          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  
          0000753