BILL NUMBER: AB 519	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 12, 2008
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN ASSEMBLY  APRIL 24, 2007

INTRODUCED BY   Assembly Member Portantino
    (   Coauthor:  
Assembly Member   Cook   )

    (   Coauthor:   Senator
  Perata   ) 

                        FEBRUARY 21, 2007

    An act to amend Sections 1, 2, 3, 9, and 10 of Chapter 67
of the Statutes of 2007, relating to private postsecondary
education, and making an appropriation therefor.   An
act to amend Section 48800 of the Education Code, relating to public
school pupils. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 519, as amended, Portantino.  Private postsecondary
education.   Pupils of public high schools: community
college enrollment.  
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state. 

   Existing law authorizes the governing board of a school district,
upon recommendation of the principal of a pupil's school of
attendance, and with parental consent, to authorize a pupil who would
benefit from advanced scholastic or vocational work to attend
community college as a special part-time student to undertake one or
more courses of instruction at the community college level in order
to provide educational enrichment opportunities for a limited number
of eligible pupils.  
   Existing law prohibits a principal from recommending, for any
particular grade level, for community college summer session
attendance, more than 5% of the total number of pupils who completed
that grade immediately prior to the time of recommendation. The 5%
limitation exempts high school pupils who meet specified criteria.
 
   Existing law makes inoperative the exemption and related
provisions on January 1, 2009.  
   This bill would extend the operation of those provisions by making
them inoperative on January 1, 2014.  
   (1) The former Private Postsecondary and Vocational Education
Reform Act of 1989, which became inoperative on July 1, 2007, and is
to be repealed on January 1, 2008, generally set minimum standards of
instructional quality, ethical and business practices, health and
safety, and fiscal responsibility for private postsecondary and
vocational educational institutions, as defined. The act established
the Bureau for Private Postsecondary and Vocational Education in the
Department of Consumer Affairs. The former act required the bureau,
among other things, to review and investigate all institutions,
programs, and courses of instruction approved under the act.
 
   The former act established the Private Postsecondary and
Vocational Education Administration Fund and the continuously
appropriated Student Tuition Recovery Fund. The former act specified
that certain violations of its provisions were subject to civil
penalties and that certain willful violations of the act were
punishable as crimes.  
   Existing law expresses the intent of the Legislature to provide
for the protection of the interests of students who, and institutions
which, have pending matters, or any other pending business, before
the former bureau as of June 30, 2007.  
   Existing law requires that each matter, as defined, pending before
the former bureau as of the close of business on June 30, 2007, be
deemed to remain pending before the bureau or a successor agency as
of February 1, 2008, irrespective of any applicable deadlines. With
respect to any deadline applicable to a pending matter, existing law
requires that no time be deemed to have elapsed between July 1, 2007,
and January 31, 2008, inclusive. Existing law requires that any
institution, program, or course of study that is approved by the
former bureau, or authorized as prescribed, as of the close of
business on June 30, 2007, be deemed to be approved as of February 1,
2008, irrespective of any applicable conditions, deadlines, or
additional requirements. Existing law also requires that, with
respect to any deadline applicable to the approval or conditional
approval of an institution, program, or course of study, no time
shall be deemed to have elapsed between July 1, 2007, and January 31,
2008, inclusive.  
   This bill would extend these provisions so that they apply until
July 1, 2008.  
   (2) Existing law authorizes the Director of Consumer Affairs to
enter into voluntary agreements with institutions that state that the
institutions agree to comply with state statutes, rules, and
regulations applicable to these institutions as of June 30, 2007.
Existing law requires institutions to disclose to their current and
prospective students in writing whether they entered into, or
declined to enter into, a voluntary agreement with the director.
These provisions are repealed on February 1, 2008.  

   This bill would extend these provisions by 5 months, providing for
their repeal on July 1, 2008.  
   This bill would authorize accredited institutions to make
specified modifications in their programs with the approval of their
accrediting agencies. The bill would authorize the State Board of
Barbering and Cosmetology to approve a school meeting prescribed
criteria.  
   These provisions would be repealed on July 1, 2008. 

   (3) The bill would, until July 1, 2008, continue the existence of
the Private Postsecondary and Vocational Education Administration
Fund and the continuously appropriated Student Tuition Recovery Fund,
thereby making an appropriation.  
   (4) Existing law continues the approval of private postsecondary
institutions for specified purposes until July 1, 2008. 

   This bill would extend that approval until January 1, 2009.
 
   (5) The bill would establish a Bureau for Private Postsecondary
Education in the Department of Consumer Affairs. The bill would
specify the duties of the bureau, and would authorize the Director of
Consumer Affairs to delegate his or her duties under this bill to a
bureau chief, who would be appointed by the Governor and confirmed by
a vote of a majority of the membership of the Senate. 
   Vote: majority. Appropriation:  yes   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 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 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 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) 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  governing boards  .
   (d) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets all 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  may
  shall  not recommend for community college summer
session attendance more than 5 percent of the total number of pupils
who completed that grade immediately prior to the time of
recommendation.
   (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 November 1, 2007, and on or before January 1 of
each year thereafter, 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.
   (5) The Board of Governors of the California Community Colleges
 may   shall  not include enrollment growth
attributable to paragraph (3) as part of its annual budget request
for the California Community Colleges.
   (6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20  of Division 2  , compliance with this
subdivision  may   shall  not be waived.
   (e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1,  2009   2014  .
All matter omitted in this version of the bill appears in the bill as
amended in the Senate, September 7, 2007. (JR11)