BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 288|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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.  








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          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  







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            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  







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                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,  







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                   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  







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                   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  







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             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







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           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  







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            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  







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               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  







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          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  







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          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  
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          Prepared by:Kathleen Chavira / ED. / (916) 651-4105
          9/8/15 17:24:00


                                   ****  END  ****