BILL NUMBER: SB 1456 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2012
INTRODUCED BY Senator Lowenthal
(Coauthor: Senator Liu)
FEBRUARY 24, 2012
An act to amend Sections 76300, 78210, 78211, 78211.5, 78212,
78213, 78214, 78215, 78216, and 78218 of, and to repeal Section
78212.5 of, the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 1456, as amended, Lowenthal. Community colleges:
Seymour-Campbell Student Success Act of 2012.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state.
Existing law requires community college district governing boards
to charge students an enrollment fee of $46 per unit per semester,
effective with the summer term of the 2012 calendar year. Existing
law also authorizes the board of governors to waive this fee under
certain circumstances related to the income status of the student.
This bill would further require that a student qualifying for a
fee waiver identify a degree, certificate, transfer, or career
advancement goal and meet academic and progress standards determined
by the board of governors.
(2) Existing law, known as the Seymour-Campbell Matriculation Act
of 1986, defines "matriculation" as a process that brings a college
and a student who enrolls for credit into an agreement for the
purpose of realizing the student's educational objectives. The act
specifies the matriculation services that community colleges are
required to provide, including the processing of the application for
admission, orientation and preorientation services, assessment and
counseling upon enrollment, and postenrollment evaluation of a
student's progress.
This bill would revise and recast the act, and rename it the
Seymour-Campbell Student Success Act of 2012. The act would state its
purpose as increasing California community college access and
success by providing effective core matriculation services of
orientation, assessment and placement, counseling and education
planning, and academic interventions. The bill would specify the
responsibilities of students and institutions in entering into the
matriculation process.
The bill would require the board of governors to develop a formula
for allocating funding for the Student Success and Support Program
that would be implemented under the act. The bill would specify that,
in the 2012-13 fiscal year and each fiscal year thereafter, the act
would be operative only if funds are specifically appropriated for
its purposes.
To the extent that the bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76300 of the Education Code, as amended by
Section 4 of Chapter 15 of the first First
Extraordinary Session of the Statutes of 2011, is amended to
read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Identifies Upon enrollment, identifies
a degree, certificate, transfer, or career advancement goal.
(B) Meets academic and progress standards, including a maximum
unit cap, as defined by the board of governors.
(C) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance to Needy Families program, the Supplemental
Security Income/State Supplementary Program, or a general assistance
program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(2) The board of governors , in consultation with students,
faculty, and other key stakeholders, shall develop and adopt
policies for the determination of the conditions specified in
subparagraphs (A) and (B) of paragraph (1) . These policies
shall be phased in over a reasonable period of time as determined by
the board of governors , including consideration of
minimum uniform academic performance and progress, criteria for
reviewing extenuating circumstances and granting appeals, and a
process for re establishing fee waiver eligibility. To
ensure that students are not unfairly impacted by the requirements of
paragraph (1), the board of governors shall establish a reasonable
implementation period that is phased in to provide students adequate
notification of this requirement and information about available
support resources .
(3) Paragraph (1) may be applied to a student enrolled in the
2005-06 academic year if the student is exempted from nonresident
tuition under paragraph (3) of subdivision (a) of Section 76140.
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 2. Section 78210 of the Education Code is amended to read:
78210. This article shall be known and may be cited as the
Seymour-Campbell Student Success Act of 2012.
SEC. 3. Section 78211 of the Education Code is amended to read:
78211. It is the intent of the Legislature to do all of the
following:
(a) Ensure equal education opportunity for all Californians.
(b) Provide students with the resources and support to establish
informed educational goals.
(c) Ensure that students receive the educational services
necessary to optimize their opportunities for success in completing
their educational goals and programs of study.
(d) Recognize that student success is the responsibility of the
institution and student, supported by well-coordinated and
evidence-based student and instructional services to foster academic
success.
(e) Target state resources on the provision of critical student
services, such as counseling and student advising, and identify a
broad array of service delivery mechanisms that can effectively reach
a greater number of students.
SEC. 4. Section 78211.5 of the Education Code is amended to read:
78211.5. (a) The purpose of the Seymour-Campbell
Student Success Act of 2012 is to increase California community
college student access and success by providing effective core
matriculation services including orientation, assessment and
placement, counseling and education planning, and academic
interventions. The focus of the Seymour-Campbell Student
Success Act of 2012 is on the entering students' transition into
college in order to provide a foundation for student achievement and
successful completion of students' educational goals, with a priority
toward serving students who enroll to earn degrees, career technical
certificates, or transfer. The Seymour-Campbell Student
Success Act of 2012 targets state resources on core matriculation
services that research has shown to be critical in increasing the
ability of students to reach their educational goals. By focusing
funding in these core areas and leveraging the use of technology to
more efficiently and effectively serve a greater number of students,
the goal of the Seymour-Campbell Student Success Act of
2012 is to provide students with a solid foundation and opportunity
for success in the California Community Colleges.
(b) Any college or district receiving funding under this article
shall agree to carry out its provisions as specified, but shall be
bound to that agreement only for the period during which funding is
received pursuant to this article. The obligations of the college or
district under the agreement shall include, but not be limited to,
the expenditure of funds received pursuant to this article for only
those services approved by the board of governors and the
contribution toward the purposes of this article of matching funds as
the board of governors may require pursuant to Section 78216.
SEC. 5. Section 78212 of the Education Code is amended to read:
78212. (a) (1) For purposes of this article, "matriculation"
means a process that brings a college and a student into an agreement
for the purpose of achieving the student's educational goals and
completing the student's program of study. The agreement involves the
responsibilities of both parties to attain those objectives through
the college's established programs, policies, and requirements
including those established by the board of governors pursuant to
Section 78215.
(2) The student's responsibilities under the agreement include,
but are not necessarily limited to, the identification of an
educational goal upon enrollment, the declaration of a specific
program of study within a reasonable period after enrollment as
defined by the board of governors, diligence in class attendance and
completion of assigned coursework, and the completion of courses and
maintenance of academic progress toward an educational goal and
program of study identified in the student's education plan according
to standards established by the college, the district, and the
state. To ensure that students are not unfairly impacted by the
requirements of this chapter, the board of governors shall establish
a reasonable implementation period that is phased in as resources are
available to provide nonexempt students with the core services
pursuant to this section .
(3) The institution's responsibility under the agreement includes
the provision of student services to provide a strong foundation and
support for their academic success and ability to achieve their
educational goals. The program of services funded through the
Seymour-Campbell Student Success Act of 2012, which shall be
known and may be cited as the Student Success and Support Program,
shall include, but are not necessarily limited to, all of the
following:
(A) Orientation services designed to provide to students, on a
timely basis, information concerning campus procedures, academic
expectations, financial assistance, and any other matters the college
or district finds appropriate.
(B) Assessment upon enrollment, which shall include, but not
necessarily be limited to, the administration of assessments to
determine student competency in computational and language skills and
readiness for college.
(C) Counseling and education planning services, which shall
include, but not necessarily be limited to, all of the following:
(i) Counseling and advising.
(ii) Assistance to students in the identification of aptitudes,
interests, and educational objectives, including, but not necessarily
limited to, associate of arts degrees, transfer for baccalaureate
degrees, and career technical certificates and licenses.
(iii) The provision of information, guided by sound counseling
principles and practices, using a broad array of delivery mechanisms,
including technology-based strategies to serve a continuum of
student needs and abilities, that will enable students to make
informed choices.
(iv) Development of an education plan leading to a program of
study and guidance on course selection.
(D) Referral to specialized support services as needed and
available , including, but not necessarily limited to, federal,
state, and local financial assistance; health services; career
services; veteran support services; foster youth services; extended
opportunity programs and services provided pursuant to Article 8
(commencing with Section 69640) of Chapter 2 of Part 42 of Division
5; campus child care services provided pursuant to Article 4
(commencing with Section 8225) of Chapter 2 of Part 6 of Division 1
of Title 1; programs that teach basic skills education and
English as a second language; and disabled student services provided
pursuant to Chapter 14 (commencing with Section 67300) of Part 40 of
Division 5.
(E) Evaluation of each student's progress and referral to
appropriate interventions , and required advisement or
counseling for students who are enrolled in basic skills courses, who
have not declared an educational goal as required, or who are on
academic probation, as defined by standards adopted by the Board of
Governors of the California Community Colleges and community college
districts.
(b) Funding for the student Student
Success and Support Program shall be targeted to fully implement
orientation, assessment, counseling and advising, and
education planning services needed to assist a student in making an
informed decision about his or her educational goal and program of
study and in the development of an education plan.
SEC. 6. Section 78212.5 of the Education Code is repealed.
SEC. 7. Section 78213 of the Education Code is amended to read:
78213. (a) No district or college may use any assessment
instrument for the purposes of this article without the authorization
of the board of governors. The board of governors may adopt a list
of authorized assessment instruments pursuant to the policies and
procedures developed pursuant to this section and the intent of this
article. The board of governors may waive this requirement as to any
assessment instrument pending evaluation.
(b) The board of governors shall review all assessment instruments
to ensure that they meet all of the following requirements:
(1) Assessment instruments shall be sensitive to cultural and
language differences between students.
(2) Assessment instruments shall be used as an advisory tool to
assist students in the selection of an educational program.
(3) Assessment instruments shall not be used to exclude students
from admission to community colleges.
(c) The board of governors shall establish an advisory committee
to review and make recommendations concerning all assessment
instruments used by districts and colleges pursuant to this article.
(d) When the board of governors adopts a system of common
assessment, community college districts and colleges may use
supplemental assessments or other measures for
placement pursuant to subdivision (a).
SEC. 8. Section 78214 of the Education Code is amended to read:
78214. (a) All participating districts shall, with the assistance
of the chancellor, establish and maintain institutional research to
evaluate the effectiveness of the Student Success and Support Program
described by this article and of any other programs or services
designed to facilitate students' completion of their educational
goals and programs of study.
(b) The accountability metrics for this research shall include,
but not be limited to:
(1) Prior educational experience, including transcripts when
appropriate, as determined by the chancellor.
(2) Educational goals and programs of study.
(3) Criteria for exemption from orientation, assessment, or
required counseling or advisement, if applicable.
(4) Need for financial assistance.
(5) Disaggregated data by ethnicity, sex
gender , and age.
(6) Academic performance, such as the completion of specified unit
thresholds, success in basic skills courses, grade point average,
course completion outcomes, transfer readiness, and degree and
certificate completion.
(7) Any additional information that the chancellor finds
appropriate.
(c) The evaluation provided for by this section shall include an
assessment of the effectiveness of the programs and services in
attaining at least the following objectives:
(1) Helping students to define their educational goals and declare
a program of study.
(2) Assisting institutions in the assessment of students'
educational needs and valid course placement.
(3) Helping support students' successful course completion and
attainment of a degree, certificate, or transfer, through the
provision of effective orientation services and academic
interventions.
(4) Matching institutional resources with students' educational
needs.
SEC. 9. Section 78215 of the Education Code is amended to read:
78215. (a) The Board of Governors of the
California Community Colleges , in consultation with students,
faculty, student service administrators, and other key stakeholders,
shall establish policies and processes for all of the
following:
(a)
( 1) Requiring all nonexempt students to
complete orientation and assessment and to develop education plans.
(b)
( 2) Exempting students from participation in
orientation, assessment testing, or required education planning
services under this article.
(c)
( 3) Requiring community college districts
to adopt a student appeal process.
(b) To ensure that students are not unfairly impacted by the
requirements of this chapter, these policies shall be phased in over
a reasonable period of time as determined by the board of governors
in consideration of the resources available to provide the core
services identified in Section 78212.
SEC. 10. Section 78216 of the Education Code is amended to read:
78216. (a) The Legislature recognizes that community college
districts are currently funding various components of student
matriculation through existing orientation, counseling and
advising, education planning, assessment, and other student
services, but that adequate student matriculation and implementation
of the Student Success and Support Program strategies cannot be
realized without supplemental funding support.
(b) The board of governors shall develop a formula for allocating
the funding for the Student Success and Support Program to implement
the services identified in Section 78212 at community colleges. The
formula shall include the requirement that the districts or colleges
contribute matching funds in an amount to be established by the board
of governors in each case, and shall reflect, but not be necessarily
limited to, other considerations , as follows:
(1) The number of students to receive matriculation
services at each college.
(2) The number of students who received orientation, assessment,
counseling and advising, and education planning services.
(2)
( 3) The requirement that funds for the
Student Success and Support Program services be expended only for
services approved by the board of governors.
(3)
( 4) The requirement that any district or
college receiving funding pursuant to this section agree to implement
this article and implement the board of governors
governors ' system of common assessment and
accountability scorecard, pursuant to Section 84754.5, when
established during the period in which it receives that funding.
(4)
( 5) Insofar as a community college district
is able to fully implement in-person or technology strategies for
orientation, assessment, and education planning services, the board
of governors may identify other noninstructional support services
that can be funded through this article.
(c) The board of governors shall require participating colleges to
develop a Student Success and Support Program plan that reflects all
of the following:
(1) A description of the Student Success and Support Program
services identified in Section 78212 to be provided.
(2) A description of the college's process to identify students at
risk for academic or progress probation and the college's plan for
interventions or services to students.
(2)
( 3) The college budget for the state-funded
Student Success and Support Program services pursuant to Sections
78212 and 78214.
(3)
( 4) The development and training of staff
and faculty to implement the Student Success and Support Program
services.
(4)
( 5) In multicampus districts, the
coordination of the college Student Success and Support Program plan
with other college plans within the district.
(5)
( 6) Technology services and institutional
research and evaluation necessary for implementation of this article.
(7) Coordination with college student equity plans to ensure that
the college has identified strategies to monitor and address equity
issues and mitigate any disproportionate impacts on student access
and achievement.
(d) The board of governors may allocate up to 5 percent of the
total funds appropriated for the Student Success and Support Program
for state administrative operations to carry out the intent of this
article, subject to the review of the annual budget process.
SEC. 11. Section 78218 of the Education Code is amended to read:
78218. In the 2012-13 fiscal year and each fiscal year
thereafter, this article shall be operative only if funds are
specifically appropriated for the purposes of this article.
SEC. 12. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.