California Legislature—2015–16 Regular Session

Assembly BillNo. 542


Introduced by Assembly Member Wilk

February 23, 2015


An act to amend Sections 76001 and 76002 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 542, as introduced, Wilk. Community colleges: early and middle college high schools.

Existing law authorizes the governing board of a community college district to admit to any community college under its jurisdiction as a special part-time or full-time student in any session or term any student who is eligible to attend community college pursuant to authorization given by the governing board of a school district, as specified. Existing law requires the governing board of the community college district to assign a low enrollment priority to the special part-time or full-time students, except for a student attending a middle college high school if the student is seeking to enroll in a community college course that is required for the student’s middle college high school program.

This bill would also except from the low enrollment priority requirement a student attending an early college high school if the student is seeking to enroll in a community college course that is required for the student’s early college high school program.

Existing law, for purposes of receiving state apportionments, authorizes a community college district to include high school pupils who attend a community college as special part-time or full-time students in its report of full-time equivalent students only if those pupils are enrolled in community college classes that meet certain criteria.

This bill would provide that the authorization for a community college district to include high school pupils who attend a community college as special part-time or full-time students in its report of full-time equivalent students does not apply to a student attending a middle college high school or early college high school if the student is enrolled in a community college course that is required for the student’s middle college or early college high school program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

It is the intent of the Legislature that this act
2eliminate statutory barriers to the operation of existing early and
3middle college high schools and the establishment of new early
4and middle college high schools.

5

SEC. 2.  

Section 76001 of the Education Code is amended to
6read:

7

76001.  

(a) The governing board of a community college district
8may admit to any community college under its jurisdiction as a
9special part-time or full-time student in any session or term any
10student who is eligible to attend community college pursuant to
11Section 48800 or 48800.5.

12(b) If the governing boardbegin insert of the community college districtend insert
13 denies a request for a special part-time or full-time enrollment at
14a community college for a pupil who is identified as highly gifted,
15thebegin insert governingend insert boardbegin insert of the community college districtend insert shall record
16its findings and the reasons for denial of the request in writing
17within 60 days. The written recommendation and denial shall be
18issued at the next regularly scheduled board meeting that falls at
19least 30 days after the request has been submitted.

20(c) The attendance of a pupil at a community college as a special
21part-time or full-time student pursuant to this section is authorized
22attendance, for which the community college shall be credited or
23reimbursed pursuant to Sections 48802 and 76002. Credit for
24courses completed shall be at the level determined to be appropriate
25by the school district and community college district governing
26boards.

P3    1(d) For purposes of this section, a special part-time student may
2enroll in up to, and including, 11 units per semester, or the
3equivalent thereof, at the community college.

4(e) (1) Except as provided in paragraph (2), the governing board
5of a community college district shall assign a low enrollment
6priority to special part-time or full-time students described in
7subdivision (a) in order to ensure that these students do not displace
8regularly admitted students.

9(2) This subdivision does not apply to a student attending a
10middle college high school as described in Section 11300,begin insert or an
11early college high school as described in Section 11302,end insert
if the
12student is seeking to enroll in a community college course that is
13required for the student’s middle collegebegin insert or early collegeend insert high
14school program.

15

SEC. 3.  

Section 76002 of the Education Code is amended to
16read:

17

76002.  

(a) Forbegin delete theend delete purposes of receiving state apportionments,
18a community college district may include high school pupils who
19attend a community college within thebegin insert community collegeend insert district
20pursuant to Sections 48800 and 76001 in thebegin insert community collegeend insert
21 district’s report of full-time equivalent students (FTES) only if
22those pupils are enrolled in community college classes that meet
23all of the following criteria:

24(1) The class is open to the general public.

25(2) (A) The class is advertised as open to the general public in
26one or more of the following:

27(i) The college catalog.

28(ii) The regular schedule of classes.

29(iii) An addenda to the college catalog or regular schedule of
30classes.

31(B) If a decision to offer a class on a high school campus is
32made after the publication of the regular schedule of classes, and
33the class is solely advertised to the general public through
34electronic media, the class shall be so advertised for a minimum
35of 30 continuous daysbegin delete prior toend deletebegin insert beforeend insert the first meeting of the class.

36(3) If the class is offered at a high school campus, the class shall
37not be held during the time the campus is closed to the general
38public, as defined by the governing board of the school district
39during a regularly scheduled board meeting.

P4    1(4) If the class is a physical education class, no more than 10
2percent of its enrollment may be comprised of special part-time
3or full-time students. A community college district shall not receive
4state apportionments for special part-time and full-time students
5enrolled in physical education courses in excess of 5 percent of
6thebegin insert community collegeend insert district’s total reported full-time equivalent
7enrollment of special part-time and full-time students.

begin insert

8(b) Subdivision (a) does not apply to a student attending a
9middle college high school as described in Section 11300, or an
10early college high school as described in Section 11302, if the
11student is enrolled in a community college course that is required
12for the student’s middle college or early college high school
13program.

end insert
begin delete

14(b)

end delete

15begin insert(c)end insert The governing board of a community college district may
16restrict the admission or enrollment of a special part-time or
17full-time student during any session based on any of the following
18criteria:

19(1) Age.

20(2) Completion of a specified grade level.

21(3) Demonstrated eligibility for instruction using assessment
22methods and procedures established pursuant to Chapter 2
23(commencing with Section 78210) of Part 48 and regulations
24adopted by the Board of Governors of the California Community
25Colleges.

begin delete

26(c)

end delete

27begin insert(d)end insert (1) The Chancellor of the California Community Colleges
28shall prepare and submit to the Department of Finance and the
29Legislature, on or before March 1, 2004, and March 1 of each year
30thereafter, a report on the amount of FTES claimed by each
31community college district for special part-time and special
32full-time students for the preceding academic year in each of the
33following class categories:

34(A) Noncredit.

35(B) Nondegree-applicable.

36(C) Degree-applicable, excluding physical education.

37(D) Degree-applicable physical education.

38(2) The report prepared pursuant to paragraph (1) may include
39information required to be reported pursuant to paragraph (4) of
40subdivision (d) of Section 48800.

begin delete

P5    1(d)

end delete

2begin insert(e)end insert The Board of Governors of the California Community
3Colleges shall adopt rules and regulations to implement this section.



O

    99