California Legislature—2015–16 Regular Session

Assembly Bill No. 889

Introduced by Assembly Member Chang

(Coauthors: Assembly Members Achadjian, Travis Allen, Baker, Chávez, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Mayes, Melendez, Obernolte, Olsen, Patterson, Wagner, Waldron, and Wilk)

February 26, 2015

An act to amend Section 48800 of, and to add Section 48801.5 to, the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 889, as introduced, Chang. Concurrent enrollment in secondary school and community college.

(1) Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to recommendation by the school principal and parental permission.

This bill would authorize the governing board of a school district to authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses, as defined to mean courses in science, technology, engineering, or mathematics, offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district.

The bill also would authorize the governing board of a community college district to enter into a formal partnership with a school district or school districts located within its immediate service area to allow secondary school pupils to attend a community college if those pupils have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other programs offered by that school district.

The bill would require the partnership agreement to outline the terms of the partnership, as specified. The bill would require a community college district and a school district, as a condition of and before adopting a partnership agreement, to take testimony from the public and approve or disapprove the proposed partnership agreement at a regularly scheduled open public hearing of their respective governing boards. The bill would require, for each partnership entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges, which would transmit this annual report to the Legislature, the Director of Finance, the Superintendent of Public Instruction, and the governing boards of the participating school districts and community college districts, as specified.

(2) Existing law requires the governing board of a community college district to assign a low enrollment priority to a pupil attending community college pursuant to a recommendation from his or her principal or school district or a petition from his or her parents, in order to ensure that these pupils, admitted as special part-time or full-time students, do not displace regularly admitted students.

This bill would authorize the governing board of a community college district to assign an enrollment priority to pupils attending community college pursuant to a partnership agreement established under the bill.

The bill would prohibit a community college district from receiving an allowance or apportionment for an instructional activity for which a school district has been, or will be, paid.

(3) The bill would also make various nonsubstantive changes, and delete obsolete provisions.

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.  

Section 48800 of the Education Code is amended
to read:

48800.  

(a) The governing board of a school district may
determine which pupils would benefit from advanced scholastic
or vocational work. The intent of this section is to provide
educational enrichment opportunities for a limited number of
eligible pupils, rather than to reduce current course requirements
of elementary and secondary schools, and also to help ensure a
smoother transition from high school to college for pupils by
providing them with greater exposure to the collegiate atmosphere.
The governing board begin insert of a school district end insert may authorize those
pupils, upon recommendation of the principal of the pupil’s school
of attendance, and with parental consent, to attend a community
college during any session or term as special part-time or full-time
students and to undertake one or more courses of instruction offered
at the community college level.

(b) If the governing board begin insert of a school district end insert denies a request
for a special part-time or full-time enrollment at a community
college for any session or term for a pupil who is identified as
highly gifted, the governing board begin insert of the school district end insert shall issue
its written recommendation and the reasons for the denial 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.

begin insert

(c) (1) The governing board of a school district may authorize
a pupil, upon recommendation of the principal of the pupil’s school
of attendance, and with parental consent, to attend a community
college during any session or term as a special part-time or
full-time student and to undertake one or more STEM courses
offered at the community college if that pupil has exhausted all
opportunities to enroll in an equivalent course at the high school
of attendance, or at an adult education program, continuation
school, regional occupational center or program, or any other
program offered by that school district.

end insert begin insert

(2) As used in this section, a “STEM course” is a course in
science, technology, engineering, or mathematics.

end insert begin delete

(c)

end delete

begin insert (d) end insert  A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
district.

begin delete

(d)

end delete

begin insert (e) end insert  (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets begin delete all end delete
begin insert both end insert of the following criteria:

(A) Demonstrates adequate preparation in the discipline to be
studied.

(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.

(2) For any particular grade level, a principal shall not
recommend for community college summer session attendance
more than 5 percent of the total number of pupils who completed
that grade immediately begin delete prior to end delete begin insert before end insert the time of recommendation.

begin delete

(3) A high school pupil recommended by his or her principal
for enrollment in a course shall not be included in the 5-percent
limitation of pupils allowed to be recommended pursuant to
paragraph (2) if the course in which the pupil is enrolled meets
one of the criterion listed in subparagraphs (A) to (C), inclusive,
and the high school principal who recommends the pupil for
enrollment provides the Chancellor of the California Community
Colleges, upon the request of that office, with the data required
for purposes of paragraph (4).

(A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general
education breadth requirements of the California State University.

(B) The course is a college-level, occupational course for credit
assigned a priority code of “A,” “B,” or “C,” pursuant to the
Student Accountability Model, as defined by the Chancellor of the
California Community Colleges and reported in the management
information system, and the course is part of a sequence of
vocational or career technical education courses leading to a degree
or certificate in the subject area covered by the sequence.

(C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does
not offer college credit in English language arts or mathematics,
and the pupil meets both of the following requirements:

(i) The pupil is in his or her senior year of high school.

(ii) The pupil has completed all other graduation requirements
prior to the end of his or her senior year, or will complete all
remaining graduation requirements during a community college
summer session, which he or she is recommended to enroll in,
following his or her senior year of high school.

(4) On or before March 1 of each year, the Chancellor of the
California Community Colleges shall report to the Department of
Finance the number of pupils recommended pursuant to paragraph
(3) who enroll in community college summer session courses and
who receive a passing grade. The information in this report may
be submitted with the report required by subdivision (c) of Section
76002.

(5) The Board of Governors of the California Community
Colleges shall not include enrollment growth attributable to
paragraph (3) as part of its annual budget request for the California
Community Colleges.

(6)

end delete

begin insert (3) end insert  Notwithstanding Article 3 (commencing with Section 33050)
of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with
this subdivision shall not be waived.

begin delete

(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014.

end delete

SEC. 2.  

Section 48801.5 is added to the Education Code, to
read:

48801.5.  

(a) (1) (A) The governing board of a community
college district may enter into a formal partnership with a school
district or school districts located within its immediate service area
in order to provide secondary school pupils who have exhausted
all opportunities to enroll in an equivalent STEM course at the
high school of attendance, adult education program, continuation
school, regional occupational center or program, or any other
programs offered by the school district, with the opportunity to
benefit from a STEM course. A secondary school pupil, upon
notification of the principal of the pupil’s school of attendance
that the pupil has exhausted all opportunities to enroll in an
equivalent course at the high school of attendance, adult education
program, continuation school, regional occupational center or
program, or any other program offered by that school district, and
with parental consent if the pupil is under 18 years of age, may
attend a community college during any session or term as a special
part-time or full-time student.

(B) As used in this section, a “STEM course” is a course in
science, technology, engineering, or mathematics.

(2) A participating community college district shall adopt a
partnership agreement with each school district partner. The
partnership agreement shall be approved by the governing board
of the community college district and the governing board of the
school district. As a condition of and before adopting a partnership
agreement, a community college district and a school district, at
a regularly scheduled open public hearing of their respective
governing boards, shall take testimony from the public and approve
or disapprove the proposed partnership agreement.

(3) (A) The partnership agreement shall outline the terms of
the partnership and may include, but not necessarily be limited to,
the scope, nature, and schedule of the STEM courses offered, the
academic readiness of pupils that is necessary for them to benefit
from the STEM courses offered, and the ability of pupils to benefit
from those STEM courses. The partnership agreement may
establish protocols for information sharing and joint facilities use.

(B) A copy of the partnership agreement shall be filed with the
department and with the Office of the Chancellor of the California
Community Colleges before the start of a program authorized by
this section.

(4) It is the intent of the Legislature, in enacting this section, to
provide a smoother transition from high school to college for pupils
by providing them with greater exposure to the collegiate
atmosphere and to maximize the educational opportunities available
to California’s secondary school pupils by encouraging programs
and partnerships between school districts and community college
districts.

(5) A pupil shall receive credit for community college courses
that he or she completes at the level determined to be appropriate
by the governing boards of the school district and the community
college district pursuant to the partnership agreement as described
in paragraph (2).

(b) (1) A community college district shall not receive a state
allowance or apportionment for an instructional activity for which
a school district has been, or shall be, paid an allowance or
apportionment.

(2) 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 Section 48802 or 76002, provided that no
school district has received reimbursement for the same
instructional activity. Credit for courses completed shall be at the
level determined to be appropriate by the governing boards of the
school district and the community college district pursuant to the
partnership agreement as described in paragraph (2) of subdivision
(a).

(c) 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 he or she attends.

(d) Notwithstanding subdivision (e) of Section 76001, for
purposes of this section, the governing board of a community
college district may assign an enrollment priority to pupils admitted
as special part-time or full-time students under this section.

(e) Community college districts and school districts that enter
into a partnership pursuant to this section shall be exempt from
concurrent enrollment provisions pursuant to subdivisions (a) and
(b) of, and paragraphs (1) and (2) of subdivision (e) of, Section
48800.

(f) (1) For each partnership entered into pursuant to this section,
the affected community college district and school district shall
report annually to the Office of the Chancellor of the California
Community Colleges all of the following information:

(A) The total number of secondary school pupils enrolled in
each program, classified by the school district.

(B) The total number of successful course completions of
secondary school pupils enrolled in each program, classified by
the school district.

(C) The total number of successful course completions of
students in courses equivalent to those courses tracked under
subparagraph (B) in the general community college curriculum.

(2) Notwithstanding Section 10231.5 of the Government Code,
the annual report required by this subdivision shall be transmitted
by the Office of the Chancellor of the California Community
Colleges to all of the following:

(A) The Legislature, in accordance with Section 9795 of the
Government Code.

(B) The Director of Finance.

(C) The Superintendent.

(D) The governing board of each participating community
college district.

(E) The governing board of each participating school district.