BILL NUMBER: AB 889 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
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
, and before adopting , a partnership
agreement, to present the adoption of the partnership agreement
a s an information item at regularly scheduled open
meetings of their respective governing boards, and to take
testimony from the public and approve or disapprove the proposed
partnership agreement at a subsequent
regularly scheduled open public hearing
hearings 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. A principal shall consult with a pupil's
teachers in the appropriate subjects before making a recommendation
under this subdivision.
(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 of of, and
before adopting adopting, a partnership
agreement, a community college district and a school
district, at a district shall do both of the
following:
(A) Present the adoption of the
partnership agreement as an information item at regularly
scheduled open public hearing hearings
of their respective governing boards, shall
boards.
(B) At regularly scheduled open public
hearings of their respective governing boards held subsequent to the
hearings referenced in subparagraph (A), 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 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. 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.