Amended in Senate July 8, 2015

Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 542

Introduced by Assembly Member Wilk

February 23, 2015

An act to amend begin delete Sections 76001 end delete begin insert Section 76001 of, end insert and begin insert to amend, repeal, and add Section end insert 76002 begin delete of end delete begin insert of, end insert the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 542, as amended, 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, including that if the class is a physical education class, no more than 10% of its enrollment may be comprised of special part-time or full-time students. Existing law prohibits a community college district from receiving state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5% of the community college district’s total reported full-time equivalent enrollment of special part-time and full-time students.

This bill would begin insert , until January 1, 2021, end insert provide that a student attending a middle college high school or early college high school, who is enrolled in a community college physical education course that is required for the student’s middle college or early college high school program, is not to be considered as a special part-time or full-time student for purposes of the 10% and 5% limits described above.

begin insert

Existing law requires the Chancellor of the California Community Colleges to prepare and submit to the Department of Finance and the Legislature, on or before March 1 of each year, a report on the amount of full-time equivalent students (FTES) claimed by each community college district for special part-time and special full-time students for the preceding academic year in specified class categories.

end insert begin insert

This bill would, until January 1, 2021, additionally require that report to include the amount of FTES claimed by each community college district for students attending a middle college high school or early college high school for the preceding academic year in degree-applicable physical education courses.

end insert

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

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

SECTION 1.  

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

SEC. 2.  

Section 76001 of the Education Code is amended to
read:

76001.  

(a) The governing board of a community college district
may 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
Section 48800 or 48800.5.

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

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

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

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

(2) This subdivision does not apply to a student attending a
middle college high school as described in Section 11300, or an
early college high school as described in Section 11302, if the
student is seeking to enroll in a community college course that is
required for the student’s middle college or early college high
school program.

SEC. 3.  

Section 76002 of the Education Code is amended to
read:

76002.  

(a) For purposes of receiving state apportionments, a
community college district may include high school pupils who
attend a community college within the community college district
pursuant to Sections 48800 and 76001 in the community college
district’s report of full-time equivalent students (FTES) only if
those pupils are enrolled in community college classes that meet
all of the following criteria:

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

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

(i) The college catalog.

(ii) The regular schedule of classes.

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

(B) If a decision to offer a class on a high school campus is
made after the publication of the regular schedule of classes, and
the class is solely advertised to the general public through
electronic media, the class shall be so advertised for a minimum
of 30 continuous days before the first meeting of the class.

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

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

(b) A student attending a middle college high school as described
in Section 11300, or an early college high school as described in
Section 11302, who is enrolled in a community college physical
education course that is required for the student’s middle college
or early college high school program, shall not be considered a
special part-time or full-time student for purposes of paragraph
(4) of subdivision (a).

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

(1) Age.

(2) Completion of a specified grade level.

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

(d) (1) The Chancellor of the California Community Colleges
shall prepare and submit to the Department of Finance and the
Legislature, on or before March 1, 2004, and March 1 of each year
thereafter, a report on begin insert both of the following: end insert begin delete the end delete

begin insert (A) end insert begin insert   end insert begin insert The end insert amount of FTES claimed by each community college
district for special part-time and special full-time students for the
preceding academic year in each of the following class categories:

begin delete

(A)

end delete

begin insert (i) end insert  Noncredit.

begin delete

(B)

end delete

begin insert (ii) end insert  Nondegree-applicable.

begin delete

(C)

end delete

begin insert (iii) end insert  Degree-applicable, excluding physical education.

begin delete

(D)

end delete

begin insert (iv) end insert  Degree-applicable physical education.

begin insert

(B) The amount of FTES claimed by each community college
district for students attending a middle college high school as
described in Section 11300, or an early college high school as
described in 11302 for the preceding academic year in
degree-applicable physical education courses.

end insert

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

begin insert

(3) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795
of the Government Code.

end insert

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

begin insert

(f) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 76002 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 76002. end insert   

(a) For purposes of receiving state apportionments, a
community college district may include high school pupils who
attend a community college within the community college district
pursuant to Sections 48800 and 76001 in the community college
district’s report of full-time equivalent students (FTES) only if
those pupils are enrolled in community college classes that meet
all of the following criteria:

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

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

(i) The college catalog.

(ii) The regular schedule of classes.

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

(B) If a decision to offer a class on a high school campus is
made after the publication of the regular schedule of classes, and
the class is solely advertised to the general public through
electronic media, the class shall be so advertised for a minimum
of 30 continuous days before the first meeting of the class.

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

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

(b) The governing board of a community college district may
restrict the admission or enrollment of a special part-time or
full-time student during any session based on any of the following
criteria:

(1) Age.

(2) Completion of a specified grade level.

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

(c) (1)   The Chancellor of the California Community Colleges
shall prepare and submit to the Department of Finance and the
Legislature, on or before March 1, 2021, and March 1 of each
year thereafter, a report on the amount of FTES claimed by each
community college district for special part-time and special
full-time students for the preceding academic year in each of the
following class categories:

(A) Noncredit.

(B) Nondegree-applicable.

(C) Degree-applicable, excluding physical education.

(D) Degree-applicable physical education.

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

(3) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795
of the Government Code.

(d) The Board of Governors of the California Community
Colleges shall adopt rules and regulations to implement this
section.

(e) This section shall become operative on January 1, 2021.

end insert