BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 542


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          Date of Hearing:  April 7, 2015


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 542  
          (Wilk) - As Amended March 23, 2015


          SUBJECT:  Community colleges:  early and middle college high  
          schools


          SUMMARY:  Allows a student attending an early or middle college  
          high school (E/MCHS), who is enrolled in a community college  
          physical education (P. E.) course that is required for the  
          student's E/MCHS program, to not be considered as a special  
          part-time or full-time student for purposes of existing  
          percentage caps for special part-time and full-time students.    
          Specifically, this bill:  


          1)Expresses that the Legislature intends for this measure to  
            eliminate statutory barriers to the operation of existing and  
            the establishment of new E/MCHSs.


          2)Specifies if a student is attending an ECHS and is seeking  
            enrollment in a community college course that is required for  
            the student's ECHS program, he/she will not be assigned a low  
            enrollment priority.


          3)Specifies a student attending a(n) E/MCHS, as specified, who  
            is enrolled in a community college P. E. course that is  








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            required for the student's E/MCHS program, shall not be  
            considered a special part-time or full-time student for  
            purposes of percentage caps for special part-time and  
            full-time students (as described below in "existing law"  
            section of this analysis). 


          4)Makes clarifying and technical changes to existing law.





          EXISTING LAW:  


          1)Establishes MCHS as broad-based comprehensive instructional  
            programs focusing on college preparatory and school-to-work  
            curricula, career education, work experience, community  
            service, and support and motivational activities; and declares  
            ECHS to be autonomous schools that blend high school and  
            college into a coherent educational program - specifying that  
            ECHS pupils should begin taking college courses as soon as  
            they demonstrate readiness and the college credit earned may  
            be applied toward completing an associate or bachelor's  
            degree, transfer to a four-year university, or obtaining a  
            skills certificate (Education Code Sections 11300 and 11302).   



          2)Provides opportunities for minor students to enroll in  
            college-level, degree-applicable courses for advanced  
            scholastic or advanced vocational purposes while they are in  
            high school and authorizes the governing board of a school  
            district, upon recommendation of the principal of a pupil's  
            school and with parental consent, to authorize a student to  
            concurrently enroll in a community college during any session  
            or term to undertake one or more courses of instruction (EC  
            Section 48800, et. seq.).  








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          3)Requires the California Community Colleges (CCC) Chancellor's  
            Office 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, and degree applicable  
            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 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; and, specifies that if  
            the class is a P. E. class, no more than 10 percent of its  
            enrollment may be comprised of special part-time or full-time  
            students and that a community college district shall not  
            receive state apportionment for special  part-time and  
            full-time students enrolled in P. E. courses in excess of five  
            percent of the district's total reported full time equivalent  
            enrollment of special part-time and full-time students. To  
            note, current law exempts MCHS students from being assigned  
            low enrollment priority if they are seeking to enroll in a CCC  
            course that is required for their MCHS program (EC Sections  
            76001 and 76002).



          FISCAL EFFECT:  Unknown


          COMMENTS:  Purpose of this measure.  According to the author,  
          "AB 542 will allow community colleges to receive funding for  
          providing P. E. courses for Early College and Middle College  
          High School students since they are responsible for completing  
          the Physical Education requirement to meet state standards.  The  
          bill will only apply to community colleges that have an Early  
          College High School or a Middle College High School and only  








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          exempts those students from the cap on both enrollment and  
          apportionment funding.  The caps will remain in place for other  
          concurrently enrolled students." 



          Early and middle college high schools.  E/MCHS operate in a  
          similar manner to provide high school pupils opportunities to  
          take college courses while still in high school as part of an  
          integrated program.  According to 2013-2014 data from ECHS  
          programs, the ECHS programs are reaching their target  
          populations; nationally, roughly three-fourths of high school  
          pupils attending ECHS are students of color, while nearly 60%  
          report eligibility for free or reduced-priced lunch.  Most  
          students attending ECHS will be the first in their families to  
          go to college.  Currently, there are 40 ECHS in California.  The  
          demographic make-up of the ECHS students in the 40 schools in  
          California is as follows:  59.52% are Latino; 17.41% are White;  
          8.57% are Black; and, 6.47% are Asian.  To note, 92% of the 40  
          schools are currently partnered with a CCC.

          Challenges for E/MCHS students.  High school pupils  
          participating in E/MCHS programs are considered special  
          part-time or full-time students for purposes of attending a  
          community college to fulfill the college aspect of the program.   
          According to the author, most students who attend a(n) E/MCHS  
          program attend their courses on a community college campus, but  
          because current law caps how many high school pupils can enroll  
          in community college P. E. courses, and how many students the  
          community college can receive apportionment funding for, E/MCHS  
          students are experiencing great difficulties in gaining access  
          to needed P. E. courses.  





          Additionally, by providing ECHS students an exemption from the  
          low enrollment priority requirement, this bill will give ECHS  








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          students an opportunity to complete their programs in a timely  
          manner.  AB 230 (Carter, Chapter 50, Statues of 2011), allowed  
          MCHS students this exemption, but not ECHS students; this bill  
          will bring parity to ECHS students.





          Committee consideration.  Concurrent enrollment abuse?  As  
          drafted, this measure will lift the existing caps on P. E.  
          courses offered to special part-time and full-time students and  
          the apportionment dollars community colleges can claim, if the  
          students are taking the course as needed for their E/MCHS  
          program.  Will passage of this measure create course abuse as  
          was experienced in the early turn of this century whereby  
          legislation was enacted to curb concurrent enrollment abuses?  





          To address the potential reoccurrence of P. E. course abuse, the  
          Committee may wish to have specific reporting requirements added  
          to this measure in order to monitor and track the P. E. courses  
          offered and taken by E/MCHS students and the apportionment  
          dollars claimed by community colleges.





          Conflicting legislation.  AB 288 (Holden) and AB 889 (Chang),  
          which will both be heard today by this Committee, seek to amend  
          and address some of the same code sections as this measure,  
          addressing special part-time or full-time students and E/MCHS  
          students.

          Staff recommends, should all the measures pass out of this  








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          Committee, that they eventually be amended to address potential  
          chaptering out issues.



          REGISTERED SUPPORT / OPPOSITION:




          Support


          College of the Canyons




          Opposition


          None on file.


          





          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960















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