BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 78
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 78 (Portantino) - As Amended:  April 28, 2008 

          Policy Committee:                              Higher  
          EducationVote:  9-0
                        Education                             10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  


          This bill removes restrictions on a pupil's ability to  
          concurrently enroll in a K-12 public school and a California  
          community college (CCC). Specifically, this bill: 


          1)Authorizes a school district to enter into an agreement with a  
            CCC district to provide secondary pupils--who have exhausted  
            all opportunities to enroll in equivalent K-12 course  
            offerings--with advanced scholastic, career technical  
            education (CTE), or other coursework opportunities at a CCC  
            campus.  


          2)Removes the existing requirement that secondary school pupils  
            be recommended by their school principal to take courses at a  
            CCC and instead authorizes such pupils to take CCC courses  
            after notifying their principal that they had exhausted all  
            opportunities to enroll in equivalent courses in the district.


          3)Repeals provisions that limit the admission of K-12 students  
            to a CCC summer session to 5% of the enrollment in each  
            secondary school class.


          4)Requires the Chancellor's Office of the CCC, by January 2011  
            and annually thereafter, to report the number of pupils  
            enrolling per (1), the courses enrolled in, and the number of  








                                                                  AB 78
                                                                  Page  2

            pupils receiving a passing grade.


          5)Prohibits a CCC district from receiving funding for  
            instructional services for which a school district has been,  
            or will be, paid.


          6)Removes the requirement that a CCC district assign a low  
            priority for registration or enrollment for concurrently  
            enrolled students and instead, prohibits a CCC district from  
            assigning a high priority for registration or enrollment of  
            concurrently enrolled students. 


           FISCAL EFFECT  


          GF/98 cost pressure, likely between $16 million and $24 million,  
          to enroll high schools pupils in a CCC for the purpose of taking  
          advanced scholastic, career technical education (CTE), or other  
          coursework.  This assumes a 10% to 15% increase in high school  
          pupils concurrently at CCCs. There were about 125,000 such  
          students at CCCs in the 2006-07 fiscal year.


           
          COMMENTS  

           1)Purpose  .  According to the author, this bill seeks to provide  
            a statutory framework that moves concurrent enrollment closer  
            to fulfilling its potential, as an important tool in meeting  
            the state's educational challenges, by removing the existing  
            statutory barriers.  The bill's most significant action is to  
            remove the restriction that high school principals may not  
            approve summer concurrent enrollment for more than 5% of the  
            students who just completed any year in that high school. This  
            provision, which dates from the 1970s, has no apparent current  
            policy foundation and serves as a significant barrier for  
            joint use of K-12 and CCC resources and facilities.


           2)Recent Concurrent Enrollment Controversy  .  In 2002, the state  
            took statutory and budgetary action to reduce concurrent  
            enrollment levels after concerns were raised about a number of  








                                                                  AB 78
                                                                  Page  3

            CCC districts inappropriately claiming state funding for an  
            increasing number of concurrently enrolled high school  
            students. While statute still permits districts to enroll some  
            K-12 students, the Legislature enacted new restrictions on  
            concurrent enrollment to prevent districts from abusing the  
            provision. As a result, the number of K-12 students  
            concurrently enrolled in CCC, predominantly high school  
            students taking physical education courses, declined by more  
            than 100,000 students.  This bill does not change the  
            limitations regarding physical education courses.


           3)Related Legislation  .  AB 555 (Furutani), pending in this  
            committee, contains similar provisions but is limited to only  
            five specified CCC districts.


           4)Prior Legislation  .  AB 1409 (Portantino) of 2007, which was  
            similar to this bill, was held in Senate Appropriations.


            SB 1303 (Runner)/Chapter 648 of 2006, relaxed the 5% summer  
            enrollment cap for students meeting one of several specified  
            criteria.  AB 78 repeals these provisions.


           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081