BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 526 (Holden) - Pupils:  attendance at community college
          
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          |Version: August 17, 2016        |Policy Vote: ED. 7 - 0          |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: August 23, 2016   |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.







          Bill  
          Summary:  This bill, an urgency measure, exempts certain College  
          and Career Access Pathways (CCAP) partnerships from the 5  
          percent cap on the number of students in the same grade level a  
          principal can recommend for community college summer session.   
          This bill also reinstates a requirement for the Chancellor of  
          the California Community Colleges (CCC) to report the number of  
          students that are exempt from this cap and receive a passing  
          grade.


          Fiscal  
          Impact:  
           To the extent that this bill results in additional CCAP  
            students enrolled in summer session community college, it  







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            could result in a potentially significant Proposition 98 cost  
            pressure due to community college districts claiming  
            additional full-time equivalent students (FTES).  The exact  
            cost pressure attributed to this bill is unknown.  Every  
            additional 100 FTES would result in a cost pressure of about  
            $500,000 Proposition 98 at a rate of $5,004 per-FTES for the  
            2016-17 fiscal year.  This bill prohibits the CCC Board of  
            Governors from including enrollment growth from these students  
            as part of its annual budget request.  See staff comments.

           Minor costs to the CCC Chancellor's Office to reinstate the  
            reporting requirement.


          Background:  Existing law authorizes the governing board of a school  
          district, upon recommendation of the principal of a student's  
          school and with parental consent, to allow a student that would  
          benefit from advanced scholastic or vocational work to  
          concurrently enroll in a community college during any session or  
          term as a special part-time or full-time student.  Existing law  
          prohibits a principal from recommending more than 5 percent of  
          the total number of students in the same grade level for  
          community college summer session attendance.  A community  
          college district governing board is authorized to admit these  
          students and assign them a low enrollment priority, with certain  
          exceptions, in order to ensure that they do not displace  
          regularly admitted community college students.  (Education Code  
          § 48800, et seq.; EC § 76001)
          Until January 1, 2014, existing law provided for an exemption to  
          the 5 percent cap on students being recommended by a principal  
          for community college summer session.  The exemption applied to  
          students enrolled in courses that meet one of the following  
          criteria:


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


             2.   The course is a college-level, occupational course for  
               credit, as specified, and it is part of a sequence of  








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               vocational or career technical education courses leading to  
               a degree or certificate in the subject area covered by the  
               sequence.


             3.   The course is necessary to assist a student who has not  
               passed the California High School Exist Examination  
               (CAHSEE), does not offer college credit in English language  
               arts or mathematics, and the student: (a) is in his or her  
               senior year of high school, and (b) has completed all other  
               graduation requirements, as specified.  (EC § 48800)


          Chapter 618, Statutes of 2015 (AB 288, Holden) authorizes the  
          governing board of a community college district to enter into a  
          CCAP partnership with the governing board of a school district  
          for the purpose of offering or expanding 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.   
          Existing law caps the number of FTES claimed as special admits  
          at 10 percent of the total number of FTES claimed statewide.   
          (EC § 76004)




          Proposed Law:  
            This bill:
             1.   Reinstates an exemption to the 5 percent cap on the  
               number of students in the same grade level a principal can  
               recommend for community college summer session.  This  
               exemption became inoperable January 1, 2014.  This bill  
               includes the criteria outlined in existing law to qualify  
               for the exemption and further requires that it only apply  
               to students who are enrolled a course that is part of a  
               CCAP program in which a majority of the students served are  
               either an English learner, a low income student, or a  
               foster youth (together known as unduplicated students).










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             2.   Reinstates a requirement that the Chancellor of the CCC  
               report to the Department of Finance the number of students  
               that are exempt from the 5 percent cap and receive a  
               passing grade.  

             3.   Reinstates the prohibition that the CCC Board of  
               Governors include enrollment growth of students that are  
               exempt from the 5 percent summer session cap as part of its  
               annual budget request.


             4.   Extends the above provisions until January 1, 2020.




          Staff  
          Comments:  According to the author's office, this bill is needed  
          to clarify that the 5 percent cap on summer dual enrollment does  
          not apply to students enrolled in a course that is part of a  
          CCAP partnership.   A legal opinion from the CCC Chancellor's  
          Office regarding the CCAP partnership program asserts that the 5  
          percent cap does apply to CCAP students.
          The actual cost of this bill is unknown as it depends on the  
          potential increase in FTES resulting from additional CCAP  
          students enrolling in summer session that would have otherwise  
          been prohibited due to the 5 percent cap.  Since AB 288, which  
          authorizes the CCAP partnerships, has only recently been  
          enacted, it is unknown how many students are enrolled in courses  
          within such a partnership, and further which programs serve a  
          majority of unduplicated students.  In addition, it is unknown  
          the extent to which high school principals are currently  
          reaching the cap on the number of students they can recommend  
          within a certain grade level for community college summer  
          session.


          However, to the extent the cap is being reached in some grades  
          and this bill would allow more students to enroll in summer  
          session, it could result in an increase in FTES claimed by  
          community college districts.  Any additional FTES that community  
          colleges claim as a result of the cap exemption would result in  
          a Proposition 98 cost pressure.  This bill prohibits the CCC  
          from including enrollment growth of these exempt students as  








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          part of its annual budget request so the CCC would likely have  
          to absorb these costs.  


          For context, the CCC Chancellor's Office reported that 33,495  
          high school students completed summer session courses in 2015  
          with a passing grade.  It was also reported that there were  
          19,689 special admit FTES statewide in the 2014-15 academic  
          year.  Staff notes that these two figures are distinct in that  
          FTES is not "headcount enrollment," but is the equivalent of 525  
          hours of student instruction per each FTES.


          This bill requires, in order to qualify for the 5 percent cap  
          exemption, the student to be enrolled in a course that is part  
          of a CCAP program in which a majority of the students are  
          unduplicated; the recommending high school principal provides  
          necessary data for reporting; and the course is either: (1)  
          transferrable to the University of California or the California  
          State University; (2) is an occupational course; or (3) is  
          necessary to assist a student who has not passed the CAHSEE.   
          Staff notes that the CAHSEE is suspended through the 2017-18  
          school year; therefore this last pathway to exemption is  
          currently not an option.


          To the extent that this bill results in more students earning  
          college credits, students may move through a public  
          postsecondary institution more quickly in the future, which may  
          contribute to future cost savings to the state from reduced time  
          in college.  This assumes the college credits earned through a  
          CCAP agreement will be recognized by the postsecondary  
          institution to which the credits are transferred and students do  
          not take excess courses at the institution.




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