BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 542             
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          |Author:    |Wilk                                                 |
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          |Version:   |March 23, 2015                             Hearing   |
          |           |Date:    July 1, 2015                                |
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          |Urgency:   |No                      |Fiscal:    |Yes             |
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          |Consultant:|Kathleen Chavira                                     |
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          Subject:  Community colleges:  early and middle college high  
          schools

            SUMMARY
          
          This bill exempts Early College High School students from the  
          requirement that a community school district governing board  
          assign a low enrollment priority to special part-time or  
          full-time students and prohibits a student enrolled in a  
          community college physical education (PE) course required for  
          the student's middle college or early college high school  
          program from being considered a special part-time or full-time  
          student, thereby excluding these students from the cap on PE  
          courses for which the community college can claim full-time  
          equivalent students (FTES).

            BACKGROUND
          
          Existing law:

          1)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.  (Education Code  
            § 48800 et seq.)  

          2)Authorizes a community college district governing board to  
            admit as a special part-time or full-time student any student  
            eligible pursuant to EC 48800 and requires the governing board  







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            of a California Community College district to assign these  
            students a low enrollment priority in order to ensure that  
            these students do not displace regularly admitted community  
            college students.  An exemption to this requirement is  
            extended to Middle College High School (MCHS) students.  (EC §  
            76001) 

          3)Restricts the proportion of a community college PE class that  
            may be comprised of special part-time or full-time students to  
            10 percent and caps the amount of state apportionment that may  
            be claimed for these students at no more than 5 percent of the  
            district's total reported full-time equivalent enrollment of  
            special part-time and full-time students. (EC § 76002)
           
          4)Establishes Middle College High Schools 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.  (EC § 11300)  

          5)Existing law declares that early college high schools (ECHS)  
            are innovative partnerships between public secondary schools  
            and a local community college, 

            California State University of California or University of  
            California, that allow students to earn up to two years of  
            college credit at the same time they are earning a high school  
            diploma.  Early college high schools (ECHS) are small  
            autonomous schools that blend high school and college into a  
            coherent educational program.  
            (EC §11302)

            ANALYSIS
          
          This bill relaxes the restrictions on community college  
          enrollment of special part-time and full-time students enrolled  
          in middle college and early college high schools.  It:

       1)Exempts special part-time or full-time community college students  
            who attend an early college high school from the requirement  
            that they be assigned a low enrollment priority by the  
            community college district.

       2)Declares that a student attending middle college high school or  








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            early college high school is not considered a special  
            part-time or full-time student for purposes of the enrollment  
            and apportionment caps on community college PE courses if the  
            PE course is required for the student's high school program,  
            thereby excluding these students from the caps on PE courses  
            for which the community college can claim full-time equivalent  
            students (FTES).

       3)Eliminates any cap on enrollment or apportionment funding  
            applicable to special part-time and full-time students in  
            community college PE courses for students attending middle  
            college, or early college high schools. 

          STAFF COMMENTS
          
       1)Need for the bill. According to the author's office, AB 230  
            (Carter, Chapter 50, Statues of 2011), extended the exemption  
            from low priority enrollment status to Middle College High  
            School (MCHS) students and this bill will bring parity to ECHS  
            students by extending them the same exemption.  In addition,  
            the author is concerned that students enrolled in ECHS and  
            MCHS programs located on community college campuses do not  
            have access to high school PE facilities yet must complete PE  
            courses to meet state level high school graduation  
            requirements. Currently community colleges that provide these  
            classes are not reimbursed for providing them to these  
            students. This bill would ensure community colleges receive  
            funding for providing PE courses to these students.

       2)Related History.  In December 2002, the Orange County Register  
            ran the first in a series of highly critical articles  
            regarding concurrent enrollment practices in the community  
            colleges.  The articles specifically focused on high school PE  
            classes and various suspected abuses, including "phantom"  
            classes that were apparently never held.  

            These anecdotal allegations resulted in a Chancellor's Office  
            investigation  which revealed that FTES generated by  
            concurrent enrollment in both credit and noncredit courses  
            grew from approximately 16,000 in 1992-93 to over 52,000 in  
            2000-01, outpacing the overall enrollment growth of the  
            community college system.  While concurrent enrollment  
            included courses in a variety of curricular areas, there had  
            been significant growth in concurrent enrollment in physical  








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            education (PE) courses.  The proportion of full-time  
            equivalent students (FTES) for concurrent enrollment in PE  
            courses was approximately 15 percent in 1992-93, but these  
            courses comprised 34 percent of FTES for concurrent enrollment  
            in 2000-01, the equivalent of 1.7 percent of all the FTES  
            generated by the community colleges as a system. The expansion  
            of concurrent enrollment in PE courses was more pronounced in  
            about one-fifth (20 percent) of the system's 72 districts and  
            was especially evident with respect to PE programs.  By  
            2001-02, six districts within the system produced 53 percent  
            of the PE concurrent enrollment FTES generated by the entire  
            system for that year. These districts included Los Angeles,  
            Butte, North Orange, Contra Costa, Santa Clarita, and Mt. San  
            Antonio.

            As a result, SB 338 (Scott, Chapter 786, Statutes of 2003) was  
            enacted to specify the conditions whereby concurrent  
            enrollment of pupils between a school and community college  
            district is permitted, establish restrictions on the amount of  
            FTES that could be claimed for PE courses, and require annual  
            reporting by the Chancellor of the amount of FTES claimed by  
            each district for special full-time and special part-time  
            students overall and for PE courses specifically. 

       3)Middle College High School (MCHS)/Early College High School  
            (ECHS).  According to Jobs for the Future, a nonprofit  
            organization which launched the ECHS initiative in 2002, there  
            are currently 40 ECHS in California, of which 92 percent are  
            partnered with a community college.  The demographic make-up  
            of the ECHS students in the 40 schools in California is as  
            follows:  60 percent are Latino; 17 percent are White; 9  
            percent are Black; and, 6 percent are Asian. There are 40 ECHS  
            in California according to the Jobs for the Future.

            ECHS are designed for young people who are underrepresented in  
            postsecondary education, including students who have not had  
            access to the academic preparation needed to meet college  
            readiness standards, students for whom the cost of college is  
            prohibitive, students of color, first generation  
            college-goers, and English language learners.

            According to the Chancellor's Office, Middle College High  
            School is a collaborative program that enables high-potential,  
            "at-risk" students to obtain a high school education while  








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            concurrently receiving direct access to college courses and  
            services.  The high school is located on and integrated into  
            the community college environment, whereby high school  
            students attend classes at a community college and earn credit  
            toward a high school diploma while having the opportunity to  
            concurrently take college courses and to receive more  
            intensive counseling and administrative attention. According  
            to the Chancellor's Office 9 community colleges offer  
            recognized middle college programs.  These include College of  
            the Canyons, Contra Costa College, Grossmont College, Los  
            Angeles Harbor College, Reedley College, San Bernardino Valley  
            College, San Joaquin Delta College, Santa Ana College, and  
            West Hills College - Lemoore. 

       4)Reporting?  Current law requires an annual report on the amount  
            of FTES claimed for special part-time and full-time students  
            by each district in the preceding academic year, and  
            specifically requires reporting on degree-applicable physical  
            education FTES.  According to the report, full-time equivalent  
            students (FTES) for special part-time and full-time enrollment  
            in physical education (PE) courses has gone from a high of  
            10,658 in 2002-03 to a low of 567 in 2013-14.  It is unclear  
            whether any of the existing FTES is attributable to Middle  
            College High School (MCHS) and Early College High School  
            (ECHS) student enrollments.  It is also unclear how many of  
            these students currently meet their PE requirements by taking  
            these courses at their high schools. Would this bill create an  
            incentive for ECHS and MCHS programs to expand enrollment in  
            community college PE courses?  How much community college FTES  
            should be used to fund PE instruction for special part-time  
            and full-time students?  In light of the extensive issues with  
            concurrent enrollment PE classes in the past, what is the  
            potential for abuse of this new authority? 

            Staff recommends the bill be amended to expand the reporting  
            requirements in 76002 (d) to specifically include FTES claimed  
            for degree applicable PE courses in ECHS and MCHS programs.  
            Staff further recommends the bill be amended to sunset the  
            authority in 2021, pending a review of these reporting  
            results. 

       5)Prior legislation.  AB 2352 (Chesbro, 2014) exempted a student  
            attending an ECHS  from lower community college enrollment  
            status, and authorized districts to claim apportionment  








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            funding for MCHS and ECHS students for courses required for  
            the students' program even if the courses did not comply with  
            existing  statutory criteria applicable to other high school  
            students taking community college courses.  AB 2352 was heard  
            and passed by this committee by a vote of 6-0 but was  
            subsequently held in the Senate Appropriations Committee. 

            SUPPORT
          
          California School Boards Association
          College of the Canyons

            OPPOSITION
           
           None received. 

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