BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 288| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 288 Author: Holden (D) and Olsen (R), et al. Amended: 9/4/15 in Senate Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 7/1/15 AYES: Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak NO VOTE RECORDED: Block, Hancock SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote SUBJECT: Public schools: College and Career Access Pathways partnerships SOURCE: Author DIGEST: This bill, until January 1, 2022, authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district within its immediate service area, as specified, to offer or expand dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education 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, and outlines the conditions which must be met prior to the adoption of such an agreement. AB 288 Page 2 Senate Floor Amendments of 9/4/15 conform assessment language to terminology applicable to the new California Common Core state standards adopted assessments and expand the allowable program objectives for students to include programs designed to award a certificate or credential. ANALYSIS: Existing law: 1)Authorizes the governing board of a school district, upon recommendation of the principal of a pupil's school and with parental consent, to authorize a student to concurrently enroll in a community college during any session or term to undertake one or more courses of instruction. Existing law prohibits a principal from recommending, more than 5% of the total number of students in the same grade level for community college summer session attendance. (Education Code § 48800 et seq.) 2)Authorizes a community college district governing board to admit as a special part-time or full-time student any student eligible pursuant to EC 48800 and requires the governing board of a California Community College (CCC) district to assign these students a low enrollment priority in order to ensure that these students do not displace regularly admitted community college students. An exemption to this requirement is extended to Middle College High School (MCHS) students. (EC § 76001) 3)Requires the California Community College Chancellor's Office (CCCCO) to report to the Department of Finance and Legislature annually on the amount of full-time equivalent students (FTES) claimed by each CCC district for high school pupils enrolled in non-credit, non-degree applicable, degree applicable (excluding physical education), and degree applicable physical education 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 California Community College (CCC) district to assign a low enrollment priority to special part-time or full-time students in order to ensure that these AB 288 Page 3 students do not displace regularly admitted community college students. (EC § 76001 and § 76002) 4)Restricts the proportion of a community college physical education class that may be comprised of special part-time or full-time students to 10% and caps the amount of state apportionment that may be claimed for these students at no more than 5% of the district's total reported full-time equivalent enrollment of special part-time and full-time students. (EC § 76002) This bill authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district within its immediate service area, as specified, to offer or expand dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, 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, and outlines the conditions which must be met prior to the adoption of such an agreement. Specifically, this bill: 1) Authorizes the governing board of a community college district to enter into a CCAP partnership with the governing board of a school district that is governed by a CCAP agreement approved by the governing boards of both districts. 2) Requires, as a condition of and prior to adopting a CCAP partnership agreement, that both districts present and take public comment on the proposed agreement at public meetings of their respective boards, first as an informational item, and then, at a subsequent meeting, approve or disapprove the proposed agreement. 3) Authorizes the Chancellor to void any partnership agreement it determines has not complied with the intent of the requirements of the bill. 4) Authorizes a participating community college district to: a) Assign priority enrollment and registration to high AB 288 Page 4 school students enrolling in community college courses required for the partnership program equivalent to that which exists for Middle College High School participants under current law. b) Limit enrollment in a course solely to eligible high school students if the course is offered at a high school campus during the regular school day pursuant to a CCAP agreement. c) Allow special part-time students to enroll in up to a maximum of 15 units per term if the units constitute no more than 4 community classes and are part of a CCAP academic program designed to award students both a high school diploma and an associate's degree, certificate or credential. 5) Outlines various requirements and authorities for districts that adopt a CCAP. a) Requires the following in regards to the agreement: i) An outline of the terms of the partnership, to include, but not be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students, the scope, nature, and schedule of courses offered, and the criteria to assess the ability of pupils to benefit from those courses, and requires the agreement to establish protocols for information sharing, joint facilities use, and parental consent for pupils. ii) Identification of a point of contact for the participating school and community college districts. iii) Filing of the agreement with the Office of the Chancellor of the California Community College (CCC) and the California Department of Education prior to the start of the partnership. b) Establishes the following prohibitions: i) Prohibits a community college district from entering into a College and Career Access Pathways (CCAP) partnership with a school district within the service area of another community college district, AB 288 Page 5 unless an agreement exists or is established between the community college districts authorizing the partnership. ii) Prohibits a community college district from providing physical education course opportunities to high school pupils, or any other course opportunities that do not assist in the attainment of the goals of a CCPA, as specified. iii) Prohibits any high school pupil from being assessed any course-related fees, as specified, for a community college course offered through a CCPA and requires a community college district to exempt students enrolled in CCPA courses from student representation, non-resident, transcript, apprentice course, per unit, and child care fees. c) Establishes requirements relative to instructors. It requires the agreement to: i) Certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offenses or any controlled substance offenses, as specified. ii) Certify that no community college instructor or qualified high school teacher has been displaced or terminated as the result of the same course being offered by their counterpart at a partnering high school or community college campus. iii) Certify that: (1) Community college courses offered for college credit at the high school do not reduce access to the same course offered at the partnering community college campus. (2) A community college course that is oversubscribed or has a waiting list is not offered in the partnership. (3) Participation in a partnership is consistent with the core mission of the community colleges and that participating pupils will not lead to displacement of otherwise eligible adults in the community college. iv) Certify that both the CCC and school district AB 288 Page 6 comply with local bargaining agreements and all state/federal reporting requirements regarding the qualifications of the instructors teaching partnership courses for high school credit. v) Specify which district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education, and will assume reporting responsibility pursuant to federal teacher quality mandates. vi) Certify that any remedial course taught by community college faculty at the high school campus will only be offered to students who do not meet their grade level standard in math, English, or both, on a 10th or 11th grade interim assessment, as determined by the school district, and requires that these courses involve a collaborative effort between faculty and teachers to deliver innovative remediation as an intervention to ensure students are prepared for college-level work upon graduation. d) Establishes the following funding provisions: i) Requires that, for purposes of allowance and apportionments of the State School Fund, a community college district conducting a closed course on a high school campus be credited with additional units of full-time equivalent students (FTES) attributable to the attendance of eligible high school pupils. ii) Prohibits a district participating in a partnership from receiving a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment. iii) Provides that attendance of a College and Career Access Pathways (CCAP) high school student at a community college as a special part-time or full-time student is authorized attendance for which the community college is credited or reimbursed under existing statutory authority, provided that no school district has received reimbursement for the same instructional activity. 6) Requires for each CCAP partnership agreement entered into, that the affected school district and community college AB 288 Page 7 district annually report as specified to the California Community College (CCC) Chancellor's Office, and to the Legislature, the Department of Finance, and the Superintendent of Public Instruction and requires that these reports include: a) An evaluation of the CCAP partnerships and recommendations regarding program improvements, including the need for additional student assistance or academic resources to ensure the CCAP partnerships' overall success. b) Total number of students enrolled at each schoolsite (aggregated by gender and ethnicity and in compliance with state and federal privacy laws) the total number of CCC courses and course completions, as well as percentage of course completions by category, type, and schoolsite, and the total number of full-time equivalent students (FTES) generated by participants. 7) Requires the Chancellor to: a) Prepare a summary report by January 1, 2021that includes an evaluation of the partnerships and an assessment of trends in the growth of special admits systemwide and by campus, and to make recommendations for program improvements, including changes to the statewide cap to ensure adults are not being displaced and changes to ensure the overall success of the partnerships. b) Ensure that the number of full-time equivalent students generated by the partnerships is reported. 8) Provides that violation of these provisions by a community college district makes the district subject to the imposition of restrictions on interdistrict attendance and a penalty of retention of up to 5% of its appropriation under community college apportionment provisions. 9) Caps the total number of FTES for special admits at 10 percent of total FTES statewide. 10)Clarifies that these provisions do not affect existing dual enrollment partnerships , but prohibits these from operating as a CCAP Partnership unless they comply with the bill's provisions AB 288 Page 8 11)Sunsets the CCAP Partnership authority on January 1, 2022. Comments 1)Need for the bill. According to the author, the overall goal of this bill is to increase the accessibility of concurrent enrollment programs to a broader range of students, including lower achieving students in order to integrate them into a college environment, reduce the need for college remediation in math and English, 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. 2)Related History. In December 2002, the Orange County Register ran the first in a series of highly critical articles regarding concurrent enrollment practices in the community colleges. The articles specifically focused on high school physical education (PE) classes and various suspected abuses. These anecdotal allegations resulted in a Chancellor's Office investigation which revealed that full-time equivalent students (FTES) generated by concurrent enrollment in both credit and noncredit courses grew from approximately 16,000 in 1992-93 to over 52,000 in 2000-01, outpacing the overall enrollment growth of the community college system. While concurrent enrollment included courses in a variety of curricular areas, there had been significant growth in concurrent enrollment in PE courses. The proportion of FTES for concurrent enrollment in PE courses was approximately 15% in 1992-93, but these courses comprised 34% of FTES for concurrent enrollment in 2000-01, the equivalent of 1.7% of all the FTES generated by the community colleges as a system. The expansion of concurrent enrollment in PE courses was more pronounced in about one-fifth (20%) of the system's 72 districts and was especially evident with respect to PE programs. By 2001-02, six districts within the system produced 53% of the PE concurrent enrollment FTES generated by the entire system for that year. These districts included Los Angeles, Butte, North Orange, Contra Costa, Santa Clarita, and Mt. San Antonio. As a result, SB 338 (Scott, Chapter 786, Statutes of 2003) was AB 288 Page 9 enacted to specify the conditions whereby concurrent enrollment of pupils between a school and community college district is permitted, establish restrictions on the amount of FTES that could be claimed for PE courses, and require annual reporting by the Chancellor of the amount of FTES claimed by each district for special full-time and special part-time students overall and for PE courses specifically. . 3)Existing concurrent enrollment options. Community college districts have several statutorily authorized means by which apportionment can be claimed for minors enrolled by the district. These include: a) Special part-time full time students. Current law authorizes a school district governing board to recommend students who would benefit from advanced scholastic or vocational work for attendance at a community college upon recommendation of the principal, and limits the number of students who can be recommended for summer session enrollments to 5% of the students in each grade. Community colleges are authorized to claim FTES reimbursement for these students only if the course is open and advertised to the general public. The proportion of a community college physical education (PE) class that may be comprised of special part-time or full-time students cannot exceed 10% and apportionment for these students cannot exceed 5% of the district's total reported full-time equivalent students (FTES) for special part-time and full-time students. Students are limited to enrolling in a maximum of 11 units per semester, and must be assigned low enrollment priority by the college to avoid displacement of adults. b) Early College High Schools (ECHS) and Middle College High Schools (MCHS). ECHS are designed for young people who are underrepresented in postsecondary education, including students who have not had access to the academic preparation needed to meet college readiness standards, students for whom the cost of college is prohibitive, students of color, first generation college-goers, and English language learners. MCHS is a collaborative program that enables high-potential, "at-risk" students to obtain a high school education while concurrently receiving direct access to college courses and services. High school students attend classes at a community college and earn AB 288 Page 10 credit toward a high school diploma while having the opportunity to concurrently take college courses and to receive more intensive counseling and administrative attention. According to Job for the Future, which launched ECHS in 2002, there are currently 40 ECHS in California, of which 92% are partnered with a community college. According to the Chancellor's Office 9 community colleges offer recognized middle college programs. These programs are subject to the same conditions that exist for special admit students, with the exception that MCHS students are exempt from the low enrollment priority provisions for classes necessary for completion of their programs. c) College Promise Partnership Act. SB 650 (Lowenthal, Chapter 633, Statutes of 2011) authorized a partnership between the Long Beach community college and school district to provide a seamless bridge to college for students who were not already college bound and to reduce the time needed for advanced students to complete programs. These students are exempted from the requirements applicable to special admit students that they must be recommended by the school principal. The community college is eligible to receive FTES for these students but is prohibited from receiving apportionment for instructional activity for which the school district received apportionment. The community college is required to provide for an independent evaluation, as specified, to be presented to the Chancellor and the Legislature by December 30, 2016. The authority for this partnership sunsets on January 1, 2018. This bill would create yet another category of special admit options, the College and Career Access Pathways Act. According to the sponsor, this bill is intended to authorize a model more like the Long Beach Promise that offers dual enrollment as a pathway, rather than a series of disconnected individual courses, and, unlike ECHS and MCHS, provides greater flexibility in the delivery of courses at the high school campus. Unlike existing concurrent enrollment options, this bill would authorize community colleges to offer courses that are closed to the general public if offered on a high school campus, to grant special admit students higher enrollment priority than currently possible, and to exceed the current 11 unit cap per semester if the student is receiving both a high school diploma and an AB 288 Page 11 associate's degree. 4)Why expand dual enrollment options? 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 going 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. Similarly, in a 2012 report on its Concurrent Courses Initiative, the Irvine Foundation found that participants in dual enrollment programs that focused on underrepresented students had better academic outcomes relative to comparison students in the same districts. They were:\ a) More likely to graduate from high school. b) More likely to transition to a four-year college (rather than a two-year college). c) Less likely to take basic skills courses in college. d) More likely to persist in postsecondary education. e) Accumulating more college credits than comparison students. The stated intent of this bill is to provide dual enrollment to a broader range of students, including lower achieving students, and to reduce remediation, increase degree completion, decrease time to degree, and stimulate interest in higher education among high school students. 5)What proportion is reasonable? The chart below summarizes the trends around special admits in relation to total full-time equivalent students for the community colleges for the last decade. This bill caps the statewide full-time equivalent students (FTES) which may be claimed for special admits at 10% of total FTES, in order to allow for the growth of these programs, yet AB 288 Page 12 ensure that the vast majority of community college funding continues to be used for its core mission of serving adults. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, the bill results in unknown cost pressures to fund increased California Community Colleges apportionments. A one percent increase in special full-time equivalent students (FTES), or 172 FTES, would create a cost pressure of about $806,000 using a rate of $4,684 per-FTES. SUPPORT: (Verified9/4/15) Los Angeles County Office of Education Riverside County Superintendent of Schools OPPOSITION: (Verified9/2/15) None received ASSEMBLY FLOOR: 80-0, 6/1/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins AB 288 Page 13 Prepared by:Kathleen Chavira / ED. / (916) 651-4105 9/8/15 17:24:00 **** END ****