Amended in Assembly May 1, 2015

Amended in Assembly April 13, 2015

Amended in Assembly March 24, 2015

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, Steinorth, 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 amended, 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 program 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 begin insert , end insert and before adopting begin insert , end insert a partnership agreement, to begin insert present the adoption of the partnership agreement as an information item at regularly scheduled open meetings of their respective governing boards, and to end insert take testimony from the public and approve or disapprove the proposed partnership agreement at begin delete a end delete begin insert subsequent end insert regularly scheduled open public begin delete hearing end delete begin insert hearings end insert 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 require community college districts, in assigning an enrollment priority under this provision, to ensure that these pupils do not displace regularly admitted community college students.

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) This 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 of a school district 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 of a school district 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 of the school district 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.

(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. begin insert A principal shall consult
with a pupil’s teachers in the appropriate subjects before making
a recommendation under this subdivision. end insert

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

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

(e) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets both
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 before the time of recommendation.

(3) 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.

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
program 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 begin delete of end delete begin insert of, end insert and before begin delete adopting end delete begin insert adopting, end insert
a partnership agreement, a community college district and a school
begin delete district, at a end delete begin insert district shall do both of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Present the adoption of the partnership agreement as an
information item at end insert regularly scheduled open public begin delete hearing end delete
begin insert hearings end insert of their respective governing begin delete boards, shall end delete begin insert boards. end insert

begin insert (B) end insert begin insert   end insert begin insert At regularly scheduled open public hearings of their
respective governing boards held subsequent to the hearings
referenced in subparagraph (A), end insert 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. begin insert The partnership agreement shall certify
that its implementation shall not violate any applicable collective
bargaining agreement with respect to either the community college
district or the school district. end insert 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. In
assigning an enrollment priority, the community college district
shall ensure that pupils admitted under this provision do not
displace regularly admitted community college students.

(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.