BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 526


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          CONCURRENCE IN SENATE AMENDMENTS
          AB  
          526 (Holden)


          As Amended  August 17, 2016


          2/3 vote.  Urgency


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          |ASSEMBLY:  |      |(April 30,     |SENATE: |39-0  |(August 25,      |
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                 (vote not relevant)


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          |COMMITTEE VOTE: |6-0  |(August 30,     |RECOMMENDATION:   |concur     |
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          (Ed.)




          Original Committee Reference:  PUB. S.


          SUMMARY:  Clarifies that the 5% cap on the number of high school  
          pupils in a school district that may enroll in a community  








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          college summer session does not apply to pupils who are  
          concurrently enrolled as part of a College and Career Access  
          Pathways (CCAP) program in which a majority of the pupils served  
          are either low income, English learners, or foster youths.


          The Senate amendments 


          1)Strike the prior contents of the bill and add the current  
            provisions.
          2)Add an urgency clause


          3)Make clarifying, nonsubstantive changes to existing law.


          EXISTING LAW:  


          1)Establishes the CCAP partnership 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.
          2)Caps the number of high school pupils who may enroll in a  
            community college summer session at 5% of the total number of  
            a school's pupils for any grade level.


          3)Provides that the number of full time equivalent CCAP students  
            (FTES) enrolled in a community colleges statewide shall not  
            exceed 10% of the total statewide FTES.




          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:








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          1)To the extent that this bill results in additional CCAP  
            students enrolled in summer session community college, it  
            could result in a potentially significant Proposition 98 cost  
            pressure due to community college districts claiming  
            additional 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.  
          2)Minor costs to the California Community Colleges Chancellor's  
            Office (CCCCO) to reinstate the reporting requirement.


          COMMENTS:  


          Background.  The CCAP partnership was established by AB 288  
          ((Holden), Chapter 618, Statutes of 2015), which passed both  
          houses of the Legislature with unanimous votes.  By expanding  
          dual enrollment opportunities, the partnerships are intended to  
          increase the college-going rates among students who are  
          historically underrepresented in higher education.  Prior to  
          entering into a partnership, a school and community college  
          district must each present the partnership as an information  
          item at a board meeting and approve the partnership at a  
          subsequent meeting.  In addition, existing law requires the  
          partnership districts to do the following:


          1)Establish protocols for information sharing, in compliance  
            with all applicable state and federal privacy laws, joint  
            facilities use, and parental consent for high school pupils to  
            enroll in community college courses
          2)Establish the terms of the CCAP partnership, including, but  
            not necessarily 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;










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          3)Plan the scope, nature, time, location, and listing of  
            community college courses to be offered; and


          4)Develop criteria to assess the ability of pupils to benefit  
            from those courses.


          The number of FTES that may be enrolled in community colleges  
          pursuant to the CCAP partnership may not exceed 10% of the  
          statewide FTES.


          Need for the bill.  Existing law establishes several concurrent  
          enrollment programs.  One such program offers opportunities for  
          high school pupils to enroll in community college summer  
          sessions.  Summer session attendance is limited to 5% of the  
          high school's enrollment for any particular grade.  The intent  
          of AB 288 was to exempt CCAP students from this 5% cap and  
          instead subject them to a statewide FTES cap of 10%.   
          Legislative Council has opined that this intent has been  
          achieved, stating "it is our opinion that the cap on dual  
          enrollment in a community college summer session contained in  
          section 48800, subdivision (d)(2) does not apply to dual  
          enrollment in a community college summer session under a CCAP  
          partnership."


          Nevertheless, council for the community college chancellor's  
          office has opined that the 5% cap does apply to the CCAP program  
          and is requiring districts to comply with that interpretation.   
          According to the author's office, this has resulted in some  
          pupils being denied access to the program.  


          This bill may be more restrictive than existing law.  While the  
          purpose of this bill is to clarify existing law as interpreted  
          by Legislative Council, the actual effect may be a little  
          different.  Specifically, Council interprets current law to  
          exempt all CCAP enrollment from the 5% cap.  This bill, however,  
          exempts only those programs in which a majority of participants  
          are either low income, English learners, or foster youths.  By  








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          specifically providing an exemption for only these programs, the  
          language implies that programs in which a minority of  
          participants fall into any of those categories are subject to  
          the 5% cap, which is not how Council interprets existing law.   
          This is almost certainly will be the interpretation of the  
          chancellor's office, which already interprets the cap as  
          applying to all CCAP programs.  This would make the bill more  
          restrictive than existing law.


          According to the author's office, most, if not all, CCAP  
          programs enroll a majority of low income, English learners, and  
          foster youth, so this issue may have little or no impact.  The  
          author's office indicates it will monitor the impact to  
          determine if additional clarification will be needed.


          Analysis Prepared by:                                             
          Rick Pratt / ED. / (916) 319-2087  FN:  0005015