BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 526             
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          |Author:    |Holden                                                |
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          |Version:   |August 17, 2016                         Hearing Date: |
          |           |    August 23, 2016                                   |
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          |Urgency:   |Yes                    |Fiscal:     |Yes              |
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          |Consultant:|Olgalilia Ramirez                                     |
          |           |                                                      |
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          Subject:  Pupils:  attendance at community college


            SUMMARY
          
          This bill, until January 1, 2020, exempts from the 5% cap placed  
          on community college summer session enrollment, K-12 students  
          who meet specified requirements and who enroll in certain  
          community college courses offered through the College and Career  
          Access Pathways (CCAP) program. 

            BACKGROUND
          
          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:








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                  a)        A course in which the high school student is  
                    enrolled meet any one or more of  the following  
                    criteria: 

                       i)             The course is a lower division,  
                         college-level course for credit, 
                         designated as part of the Intersegmental General  
                         Education Transfer Curriculum or applies toward  
                         the general education breadth requirements of the  
                         California State University. 

                    ii)            The course is a college level,  
                         occupational course for credit assigned a  
                         Priority code of "A," "B," or "C," pursuant to  
                         the Student Accountability Model, and is part of  
                         a sequence of vocational or career technical  
                         education courses leading to a degree or  
                         certificate in the subject area covered by the  
                         sequence. 

                    iii)           The course is necessary to assist a  
                         student who has not passed the California High  
                         School Exit Exam and does not offer college  
                         credit in English language arts or mathematics,  
                         and the student is in his or her senior year and  
                         has completed all other graduation requirements  
                         prior to the end of his or her senior year or  
                         will complete all remaining graduation  
                         requirements during the recommended community  
                         college summer session. 
                         (EC § 48800, et seq.)

                    iv)            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) 









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                    v)             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 students  
                         do not displace regularly admitted community  
                         college students.  (EC § 76001 and § 76002)

                    vi)            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)

                    vii)           Authorizes the governing board of a  
                         community college district to enter into a  
                         College and Career Access Pathways partnership  
                         with the governing board of a school district, in  
                         its immediate service area, with the goal of  
                         developing seamless pathways from high school to  
                         CCC in order to offer or expand dual enrollment  
                         opportunities for students who may not be college  
                         bound or who are underrepresented in higher  
                         education; and, outlines the conditions that must  
                         be met prior to the adoption of the CCAP  
                         agreement.  (EC § 76004)












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            ANALYSIS
          
          This bill: 

          1)   Exempts from the five percent cap on community college  
               summer session enrollment, a high school student  
               recommended by his or her principal if the course in which  
               the student is part of a College and Career Access Pathways  
               program and meets one of the specified criteria and if the  
               high school principal who recommends the student provides  
               the Chancellor of the California Community College (CCC),  
               upon request of that office, with the data it requires to  
               report to the Department of Finance. Specifically, it  
               provides that if the course in which the student is  
               enrolled meet any one or more of  the following criteria: 

               a)          The course is a lower division, college-level  
               course for credit, 
                      designated as part of the Intersegmental General  
          Education Transfer 
                      Curriculum or applies toward the general education  
                      breadth requirements of the California State  
                      University. 

               b)          The course is a college level, occupational  
               course for credit assigned a 
                      Priority code of "A," "B," or "C," pursuant to the  
                      Student Accountability Model, and is part of a  
                      sequence of vocational or career technical education  
                      courses leading to a degree or certificate in the  
                      subject area covered by the sequence. 

               c)          The course is necessary to assist a student who  
               has not passed the 
                      California High School Exit Exam and does not offer  
                      college credit in English language arts or  
                      mathematics, and the student is in his or her senior  
                      year and has completed all other graduation  
                      requirements prior to the end of his or her senior  
                      year or will complete all remaining graduation  
                      requirements during the recommended community  
                      college summer session.

          2)   Requires, on or before March 1 of each year, the Chancellor  








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               of the CCC to annually report to the Department of Finance  
               the number of pupils who enrolled and received a passing  
               grade in a community college summer session course.

          3)   Prohibits the Board of Governors of the CCC from including  
               enrollment growth attributable to these students as part of  
               its annual budget request for the CCC. 

          4)   Provides that the provisions of the bill shall become  
               inoperative on January 1, 2020.

          5)   Declares the bill an urgency measure in order to ensure  
               rigorous scholastic and vocational work opportunities are  
               available to K-12 students at the earliest possible time  
               and that ongoing programs are not interrupted. 





          STAFF COMMENTS
          
          1)   Need for the bill.  Recent legislation, AB 288 (Holden,  
               Chapter 618, Statutes of 2015) authorized the governing  
               board of a community college district to enter into a CCAP  
               partnership with the governing board of a school district.  
               According to the author, following the enactment of AB 288,  
               a number of school districts entered into CCAP partnerships  
               and began enrolling student with the understanding that,  
               since AB 288 imposed its own cap on enrollment, the 5% cap  
               on summer dual enrollment under existing law would not  
               apply to CCAP students. However, conflicting legal opinions  
               caused some confusion in the field regarding whether the 5%  
               cap applies to the CCAP program. The author contends, "AB  
               526 is simply providing additional clarification to  
               existing law to ensure that these students are able to take  
               the courses required by their chosen pathway and also to  
               ensure that the promise of college and career is  
               fulfilled." 

          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  








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               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  
          enacted to specify the conditions whereby concurrent enrollment  
          of students between a high 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)   College and Career Access Pathways partnership (CCAP).  AB  
               288 (Holden, Chapter 618, Statutes of 2015) authorized the  
               governing board of a community college district to enter  
               into a 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. The goal of the  
               program is to develop seamless pathways from high school to  
               community college for career-technical education or  
               preparation for transfer, improving high school graduation  








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               rates, or helping high school students achieve college and  
               career readiness. AB 288 capped the statewide full-time  
               equivalent students (FTES) which may be claimed for special  
               admits at 10% statewide. The authority for this partnership  
               sunsets January 1, 2022. 

          4)   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 level.   
               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 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 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. Existing law exempted from the five percent 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 expired on January 1, 2014.  

          This bill proposes to reinstate the exemption from the 5% cap  
          but limits the exemption to high school students enrolled in a  
          course offered through the College and Career Access Pathways  
          program. While the bill's provisions exempt these students from  
          summer session dual enrollment cap, each College and Career  
          Access Pathways partnership are subject to their respective  
          partnership agreements which outline the total number of high  
          school students to be served.  Additionally, AB 288 capped FTES  
          which may be claimed for special admits at 10% of total FTES. 

          5)   Special admits trends.  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.









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            SUPPORT
          
          Community College League of California

            OPPOSITION
           
           None received.

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