BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 555
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          Date of Hearing:   April 21, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                   AB 555 (Furutani) - As Amended:  April 13, 2009
           
          SUBJECT  :   Community colleges: attendance by secondary school  
          pupils: partnerships.

           SUMMARY  :   Authorizes three California Community College (CCC)  
          districts to enter into partnerships with school districts to  
          provide high school students the opportunity to benefit from  
          concurrent enrollment at a CCC campus.  Specifically,  this bill  :  
           

          1)Generally finds and declares that limits on concurrent  
            enrollment in existing law inhibit maximum use of CCC  
            facilities and opportunities and that expanding concurrent  
            enrollment could provide numerous benefits to students and the  
            state.

          2)Establishes a pilot program for partnerships between CCC  
            districts and school districts within the immediate service  
            area, and provides that Kern, Long Beach, Los Angeles, Los  
            Rios, and San Jose-Evergreen CCC districts may participate in  
            the partnerships as follows:  

             a)   Requires a participating CCC district to adopt a  
               partnership agreement with each school district partner and  
               requires that the partnership agreement be approved by the  
               governing board of the CCC district and the governing board  
               of the school district, provides that the partnership  
               agreement shall outline the terms and scope of the  
               partnership, and requires the partnership agreement to be  
               filed with the State Department of Education and the CCC  
               Chancellor's Office (CCCCO).

             b)   Provides that any open course and facilities  
               requirements in existing law or statute are waived for any  
               CCC district participating in a partnership agreement  
               offering a course for high school students on a campus of  
               the partner school district.  

             c)   Prohibits a CCC district from providing physical  
               education (PE) course opportunities to high school students  








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               pursuant to this bill.

             d)   Provides that a high school student shall receive credit  
               for CCC courses that he or she completes at the level  
               determined appropriate by the school district and the CCC  
               district's governing boards.

          3)Provides that, for purposes of state apportionments, a CCC  
            district shall be credited additional full-time equivalent  
            students attributable to the attendance of high school  
            students in CCC courses as special part-time students.

          4)Provides that, for purposes of state apportionments, a school  
            district shall be credited for attendance by those high school  
            students computed in the manner prescribed by law and that a  
            student's attendance at school for the minimum school day  
            shall be deemed a day of attendance for purposes of making  
            that computation.

          5)Provides that a CCC district shall not receive a state  
            allowance or apportionment for an instructional activity for  
            which a school district has been, or shall be, paid.  Provides  
            that attendance of a high school student at a CCC district  
            pursuant to this bill is authorized attendance for which the  
            CCC shall be credited or reimbursed provided that no school  
            district has received reimbursement for the same instructional  
            activity.

          6)Provides that a special part-time student may enroll in up to,  
            and including, 11 units per semester, or the equivalent  
            thereof at the CCC he or she attends.

          7)Provides that the governing board of a CCC district shall not  
            assign a high- priority for registration or enrollment to a  
            special part-time or full-time student attending CCC pursuant  
            to this bill in order to ensure that special students do not  
            displace regularly admitted students.

          8)Requires each CCC district and school district that  
            participates in a partnership established by this bill to  
            report annually to the CCCCO specified information regarding  
            the partnership and provides that the annual report shall be  
            submitted to the Legislature, the Department of Finance, the  
            Superintendent, and the governing boards of the participating  
            CCC districts.








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          9)Sunsets the provisions of this bill on January 1, 2015.

           EXISTING LAW  provides for limited concurrent enrollment of  
          elementary and secondary school students in CCC coursework.   
          CCCs are allowed to admit a limited number of K-12 students as  
          "special admits," primarily in order to give these students  
          advanced education at the college level.  

           FISCAL EFFECT  :   Unknown

           COMMENTS :   Dual Referral  :  This bill is dual referred to the  
          Assembly Education Committee.  This analysis focuses on the  
          higher education policy.  Policy issues relative to the role of  
          school districts in the partnerships created by this bill fall  
          within the jurisdiction of the Assembly Education Committee and  
          are not addressed in this analysis.

           Purpose of this bill:   According to the author, CCCs provide a  
          unique benefit to high school students when the school district  
          cannot offer college level or career technical courses.  In many  
          cases, CCCs have the facilities and instructors to teach high  
          schools students who are prepared for training for technical  
          careers.  Exposure to college classes and the college  
          environment while in high school improves college participation  
          rates.  The author argues that the current restrictions inhibit  
          local ability to make maximum use of CCC facilities and  
          opportunities and this bill will help enable individual CCC  
          districts to develop their own unique agreement to meet the  
          needs of the respective school district and region.  

           Which districts will be included in the pilot program?   The  
          pilot program established by this bill will apply to Kern, Long  
          Beach, Los Angeles, Los Rios, and San Jose-Evergreen CCC  
          districts.  The author indicates that the CCC districts  
          identified in this bill were selected to provide a diverse  
          geographical representation of California's community college  
          districts.

           Past abuse of concurrent enrollment  :  In December 2002, the  
          Orange County Register reported on abuses of concurrent  
          enrollment in the CCC.  That story and several follow-up  
          articles alleged pupils were enrolled in courses without their  
          knowledge, instructors were paid twice for the same courses,  
          state apportionments were paid to both K-12 and the CCC for the  








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          same courses, and CCC districts were using summer sports camps  
          to inflate their enrollments for significant monetary gain.   
          Some districts eventually admitted their illegal actions and  
          repaid funds. In the months following that scandal, the  
          Legislature responded with budget reductions and statutory  
          restrictions that remain in place today.   
           
          Concurrent enrollment restrictions removed by this bill:   For  
          the CCC districts authorized to participate in the pilot program  
          created by this bill the following specific concurrent  
          enrollment restrictions are removed:

          1)Existing law provides that in order for a CCC district to  
            receive state apportionments for a high school student  
            attending a CCC the class must be open to the general public.   
            If the class is held on a high school campus the class may not  
            be held during a time that the campus is closed to the general  
            public.  This bill waives this requirement for any CCC  
            district participating in a partnership agreement pursuant to  
            this bill offering a course for high school students on a  
            campus of the partner school district.  The author argues this  
            is necessary so that the CCC districts and the partnering high  
            school districts should have the flexibility to offer courses  
            at the time that best fits the participating student needs and  
            availability of facilities.

          2)Existing law requires CCC to assign a low priority to the  
            enrollment of special-admit students.  This bill amends the  
            statute to prohibit CCC districts from assigning a high  
            priority.  According to the author, the CCC districts have  
            requested this change because the current enrollment system  
            permits students to add classes through the 3rd week of the  
            term.  If a special-admit student cannot be enrolled until all  
            other students have had an opportunity, then he or she cannot  
            be registered until the very end of this time period, creating  
            uncertainty and delays for high school students.  The  
            prohibition against a high priority, on the other hand,  
            ensures that special-admit students are not given special  
            treatment but may enroll at the beginning of a term.
           
          Concurrent enrollment restrictions continued in this bill:   Some  
          concurrent enrollment restrictions in existing laws are  
          specifically restated and continued in this bill, including:
           
           1)Providing that a special part-time student may enroll in up  








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            to, and including, 11 units per semester or the equivalent  
            thereof, at the CCC.   
             
           2)Providing that this bill does not allow for the enrollment of  
            high school students in CCC PE courses.  Under existing law,  
            no more than 10% of enrollment in a CCC PE course may be  
            comprised of special-admit students, and the CCC district may  
            not receive state apportionment for special-admit students  
            enrolled in PE classes in excess of 5% of the CCC district's  
            total apportionment related to the attendance of special-admit  
            students.  
           
           Additional concurrent enrollment restrictions in existing law  :   
          There are several concurrent enrollment guidelines and  
          restrictions in existing law that are not removed or addressed  
          by this bill.  Based on committee staff conversations with the  
          author and sponsor it remains unclear if the author intends for  
          participating CCC districts to continue to comply with these  
          provisions.  These provisions include:   

           1)Restricting high school principals to only approving summer  
            concurrent enrollment for 5% of the students who just  
            completed any year in that high school.  In recent years, the  
            Legislature has nibbled away on this restriction by approving  
            exemptions to this barrier and extending the sunset date for  
            those exemptions. 

          2)Requiring high school students seeking to enroll in CCC  
            courses to obtain parental permission and the recommendation  
            of their high school principal. 

          3)Allowing the governing board of a CCC to restrict the  
            admission or enrollment of a special-admit student based upon  
            age, completion of a specified grade level, or lack of  
            demonstrated eligibility for the instruction based upon  
            recognized assessment methods.
           
          CCCCO Task Force on concurrent enrollment  :  Committee staff  
          understands that the CCCCO has established a Task Force on  
          Concurrent Enrollment which has been meeting regularly  
          throughout the past year.  The Task Force is compiling a list of  
          recommendations for a statewide comprehensive concurrent  
          enrollment policy.  Committee staff understands that the author  
          and sponsor are in ongoing conversations with the CCCCO.
           








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          Related Legislation  :  AB 78 (Portantino), which removes several  
          barriers to concurrent enrollment found in existing law, was  
          approved unanimously by this committee on March 3, 2009 and is  
          currently pending in the Assembly Education Committee.  

          AB 1409 (Portantino) of 2008, which was substantially similar to  
          AB 78, passed out of this committee unanimously on March 27,  
          2007, but was subsequently held in the Senate Appropriations  
          Committee.  

          SB 1473 (Padilla), Chapter 718, Statutes of 2008, extended the  
          exemptions to the 5% summer school enrollment cap to January 1,  
          2014.  

          SB 218 (Steinberg) of 2007, which was not heard in a policy  
          committee, would have expressed legislative intent to enable  
          greater concurrent enrollment opportunities.  

          SB 1303 (Runner), Chapter 648, Statutes of 2006, added  
          exemptions to the 5% summer-enrollment rule.  

          AB 2050 (Canciamilla) of 2006, which was held in the Senate  
          Appropriations Committee, would have provided full apportionment  
          to school districts for pupils enrolled in minimum day and  
          attending a CCC.  

          AB 967 (Canciamilla), Chapter 399, Statutes of 2005, added a  
          requirement for low enrollment priority.   

          SB 338 (Scott), Chapter 786, Statutes of 2003, reformed  
          concurrent enrollment rules in response to abuses in PE courses.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles Unified School District
          Long Beach City College District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 








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