BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 542


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          ASSEMBLY THIRD READING


          AB  
          542 (Wilk)


          As Amended  March 23, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Higher          |13-0  |Medina, Baker,      |                    |
          |Education       |      |Bloom, Chávez,      |                    |
          |                |      |Harper, Irwin,      |                    |
          |                |      |Jones-Sawyer,       |                    |
          |                |      |Levine, Linder,     |                    |
          |                |      |Low, Santiago,      |                    |
          |                |      |Weber, Williams     |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                    |
          |                |      |Bonta, Calderon,    |                    |
          |                |      |Chang, Daly,        |                    |
          |                |      |Eggman, Gallagher,  |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |                |      |Eduardo Garcia,     |                    |
          |                |      |Gordon, Holden,     |                    |
          |                |      |Jones, Quirk,       |                    |
          |                |      |Rendon, Wagner,     |                    |
          |                |      |Weber, Wood         |                    |
          |                |      |                    |                    |








                                                                       AB 542


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          |                |      |                    |                    |
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          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 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  








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            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 (EC) 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.).  
             


          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% of its enrollment may be  
            comprised of special part-time or full-time students and that a  








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            community college district shall not receive state apportionment  
            for special  part-time and full-time students enrolled in P. E.  
            courses in excess of 5% 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:  According to the Assembly Appropriations  
          Committee, to the extent districts can claim additional  
          apportionment funding for E/MCHS students, there will be increased  
          General Fund (Prop 98) costs.  The equivalent of only 33  
          additional FTES statewide, at the current funding rate of $4,676  
          per FTES would exceed $150,000.  (Total E/MCHS credit enrollment  
          at the CCC is unknown, but estimated at 2,000 to 4,000 FTES.)  To  
          the extent, however, that community colleges as a whole are  
          already using all state funds apportioned for enrollment, the bill  
          will result in additional unknown Prop 98 cost pressures.


          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 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 to 2014 data from ECHS  
          programs, the ECHS programs are reaching their target populations;  








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          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 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.


          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?  








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          To address the potential reoccurrence of P. E. course abuse, the  
          Legislature 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.




          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  
          0000755