Amended in Assembly March 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1451

Introduced by Assembly Member Holden

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(Principal coauthor: Assembly Member Hagman)

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(Principal coauthor: Senator Vidak)

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January 8, 2014

An act to amend begin delete Section 48800 end delete begin insert Sections 48800 and 76001 end insert of, and to add begin delete Section 48803 end delete begin insert Sections 48803 and 76004 end insert to, the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 1451, as amended, Holden. begin delete Concurrent end delete begin insert Public schools: concurrent end insert enrollment in secondary school and community college.

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 parental permission. Existing law makes the authority of a school principal to recommend a pupil for community college summer session contingent upon a determination that the pupil meets various criteria and prohibits the principal from recommending more than 5% of the total number of pupils from any particular grade level who completed that grade immediately prior to the time of recommendation for summer session attendance, except as specified.

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This bill would authorize the governing board of a school district to authorize a pupil, upon the recommendation from a community college dean of a career technical education department or other appropriate community college career technical education administrator, 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 courses of career technical education offered at the community college.

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This bill begin delete also end delete would authorize the governing board of a begin delete community college end delete begin insert school end insert district to enter into a begin delete formal end delete begin insert concurrent enrollment end insert partnership begin insert agreement end insert with a begin delete school district or school districts end delete begin insert community college district end insert located within its immediate service area to allow begin delete secondary school pupils to attend a community college if those pupils have 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 programs offered by the governing board of the school district, and if those pupils may benefit from advanced scholastic, career-technical, or vocational courses, courses in basic skills remediation, preparation for the high school exit examination, or English as a 2nd language, and courses designed to prevent pupils from dropping out of high school. end delete

begin delete The end delete begin insert pupils to attend community college. The end insert bill would require begin delete the partnership agreement to outline the terms of the partnership, as specified. The bill would require end delete a community college district and a school district, as a condition of, and before adopting, a begin insert concurrent enrollment end insert partnership agreement, to take testimony from the public and approve or disapprove the proposed begin delete partnership end delete agreement at a regularly scheduled open public hearing of their respective governing boards. begin delete 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. end delete begin insert The bill would require the concurrent enrollment partnership agreement to outline the terms of the partnership, as specified. end insert The bill would prohibit a begin delete community college end delete begin insert school end insert district from receiving a state allowance or apportionment for an instructional activity for which a begin delete school end delete begin insert community college end insert district has been, or will be, paid begin insert an allowance or apportionment end insert . begin insert The bill would authorize a participating high school to monitor the progress of its pupils attending a community college and to obtain the pupils’ records from a community college district to do so. The bill would require, for each concurrent enrollment partnership agreement 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. end insert

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The bill would also authorize the governing board of a community college district to enter into a partnership with the governing board of a school district located within its service area with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. The bill would require the partnership agreement to outline the terms of the partnership, as specified, and would require copies of the partnership agreement to be filed with the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The bill would require, for each partnership agreement 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.

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The bill would also make related and conforming changes.

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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.  

The Legislature finds and declares all of the
following:

(a) Campuses of the California Community Colleges are located
throughout California and provide an educational resource for all
communities.

(b) Existing law allows certain high school pupils to take classes
at community colleges. These pupils are begin delete known end delete begin insert defined in statute end insert
as special-admits and the programs in which they participate are
known as concurrent begin insert or dual end insert enrollment programs. The main target
of these programs is advanced education and the work completed
in them is primarily defined as college-level work.

(c) Existing law imposes strict limits on concurrent enrollment
programs. begin delete Only end delete begin insert No more than end insert 5 percent of the pupils in any
begin insert particular end insert high school begin delete class end delete begin insert grade level end insert may enroll in a community
college during summer sessions. In addition, the types of classes
pupils may take pursuant to these programs are generally limited
to advanced education classes.

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(d) A serious abuse of concurrent enrollment programs by a few
school districts and community college districts several years ago
resulted in statutory reform and restrictions on this type of
enrollment.

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(d) Existing law includes statutory reforms and restrictions to
prevent abuses regarding this type of enrollment.

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(e) The current restrictions begin insert on concurrent enrollment end insert inhibit the
ability of school districts and their pupils to make maximum use
of community college facilities and opportunities. begin delete The time has
come to encourage and expand these valuable programs, but with
appropriate statutory prohibitions to guard against a repeat of the
abuses of the past. end delete begin insert By reducing some of the restrictions on
concurrent enrollment it will be possible to expand concurrent
enrollment opportunities for pupils, including pupils working to
improve their college readiness and career technical skills. end insert

(f) Allowing begin insert a greater and more varied segment of end insert high school
pupils to take community college courses could provide benefits
to pupils and to the state in numerous ways, begin delete including more
opportunities for advanced scholastic work, career-technical
partnerships and coursework, basic skills remediation, preparation
for the high school exit examination, English as a second language,
and dropout prevention end delete begin insert such as reducing high school dropouts,
increasing the number of community college students who transfer
and complete a degree, shortening time to completion of
educational goals, and improving the level of preparation of pupils
in the area of career-technical education end insert .

(g) Exposure to college classes and the college begin delete environment end delete
begin insert experience end insert while in high school improves college participation
rates.

(h) Concurrent enrollment saves money for both the state and
the pupils and provides for more effective use of facilities.

SEC. 2.  

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 begin delete advanced scholastic
or vocational work end delete begin insert concurrent enrollment in a community college,
subject to approval of admission by the community college district
in accordance with applicable statutes and regulations of the
Board of Governors of the California Community Colleges end insert . 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 begin delete atmosphere end delete begin insert experience end insert . The governing
board of a school district may authorize those pupils, upon
recommendation of the principal of the pupil’s school of
attendance, begin insert or his or her designee, or pursuant to a concurrent
enrollment partnership agreement in accordance with Section
48803, end insert 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.

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(c) The governing board of a school district may authorize a
pupil, upon the recommendation from a community college dean
of a career technical education department or other appropriate
community college career technical education administrator, 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 courses of career technical education offered
at the community college.

(d)

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begin insert ( end insert begin insert c) end insert  A pupil begin delete shall end delete begin insert may end insert receive community college and high school
credit for community college courses that he or she completes begin delete at
the level end delete begin insert as end insert determined appropriate by the governing boards of the
school district and community college district.

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(e)

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begin insert (d) end insert  (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) 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 begin delete (C) end delete begin insert (D) end insert ,
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
before 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.

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(D) The course is necessary to assist to address the deficiencies
in English language arts or mathematics of a pupil who has not
demonstrated college-readiness on an Early Assessment Program
assessment or a successor common core-aligned assessment.

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(4) On or before March 1 of each year, 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. The information in this report may
be submitted with the report required by subdivision (c) of Section
76002.

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(5) The Board of Governors of the California Community
Colleges shall not include enrollment growth attributable to
paragraph (3) as part of its annual budget request for the California
Community Colleges.

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(6)

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begin insert ( end insert begin insert 5) end insert  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.

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(f)

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begin insert (e) end insert  Paragraphs begin delete (3), (4), and (5) end delete begin insert (3) and (4) end insert of subdivision begin delete (e) end delete
begin insert (d) end insert shall become inoperative on January 1, 2017.

SEC. 3.  

Section 48803 is added to the Education Code, to read:

48803.  

(a) (1) The governing board of a begin delete community college
district may enter into a formal partnership with a end delete school district
begin delete or school districts end delete begin insert may enter into a concurrent enrollment
partnership agreement with the governing board of a community
college district end insert located within its immediate service begin delete area in order
to provide secondary school pupils who have 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 programs
offered by the governing board of the school district with the
opportunity to benefit from advanced scholastic, career-technical,
or vocational courses, courses in basic skills remediation,
preparation for the high school exit examination, or English as a
second language, and courses designed to prevent pupils from
dropping out of high school. A secondary school pupil in a district
subject to a formal partnership, 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 the governing board of the 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 end delete begin insert area, with the goal of developing a
seamless pathway from high school to community college for
career-technical education or preparation for transfer, improving
high school graduation rates, or helping high school pupils achieve
college and career readiness end insert .

(2) A participating begin delete community college end delete begin insert school end insert district begin delete shall end delete begin insert may end insert
adopt a begin insert concurrent enrollment end insert partnership agreement with begin delete each
school end delete begin insert a community college end insert district begin delete partner. The partnership
agreement shall be end delete begin insert partner that is end insert approved by the governing begin delete board
of the community college district and the governing board of the
school district end delete begin insert boards of both districts end insert . As a condition of, and
before adopting, a begin insert concurrent enrollment end insert partnership agreement,
a community college district and a school district, at a regularly
scheduled open public hearing of their respective governing boards,
shall take testimony from the public and approve or disapprove
the proposed begin insert concurrent enrollment end insert partnership agreement.

(3) (A) The begin insert concurrent enrollment end insert partnership agreement shall
outline the terms of the partnership and may include, but not
necessarily be limited to, the scope, nature, and schedule of courses
offered, begin delete the academic readiness of pupils that is necessary for them
to benefit from the courses offered, and end delete begin insert and the criteria to assess end insert
the ability of pupils to benefit from those courses. The begin insert concurrent
enrollment end insert partnership agreement may establish protocols for
information sharing begin delete and end delete begin insert , end insert joint facilities use begin insert , and parental consent
for pupils end insert .

(B) The begin insert concurrent enrollment end insert partnership agreement shall
identify a point of contact for the participating begin insert school district and end insert
community college district begin delete and each school district partner, and
require each participating community college and high school to
identify a point of contact at that community college and high
school, respectively end delete .

(C)  begin delete A copy end delete begin insert Copies end insert of the begin insert concurrent enrollment end insert partnership
agreement shall be filed with the begin delete department and with the Office
of the end delete begin insert Superintendent and the end insert Chancellor of the California
Community Colleges before the start of a program authorized by
this article.

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(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, including advanced scholastic, vocational, and
career-technical coursework, summer school opportunities, and
dropout intervention.

(5)

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begin insert ( end insert begin insert 4) end insert  A community college district shall not provide physical
education course opportunities to secondary school pupils pursuant
to this section.

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(6)

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begin insert ( end insert begin insert 5) end insert  A pupil begin delete shall end delete begin insert may end insert receive community college and high school
credit for community college courses that he or she begin delete completes at
the level end delete begin insert completes, as end insert determined to be appropriate by the
governing boards of the school district and the community college
district begin delete pursuant to the partnership agreement as described in
paragraph (2) end delete .

(b)  begin delete (1) end delete begin delete   end delete begin delete A community college end delete begin insert A participating school end insert district
shall not receive a state allowance or apportionment for an
instructional activity for which a begin delete school end delete begin insert community college end insert district
has been, or shall be, paid an allowance or apportionment.

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(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).

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(c) A participating high school may monitor the progress of its
pupils attending a community college under this section, and may
obtain the pupils’ records from the community college district to
do so.

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(d) 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.

(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), (2), and (3) of subdivision (e) of, Section
48800, if the governing board of the community college district
determines that enrollment of secondary school pupils will not
significantly displace regularly admitted students.

(f)

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begin insert ( end insert begin insert d) end insert  (1) For each begin delete partnership end delete begin insert concurrent enrollment partnership
agreement end insert 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) The annual report required by this subdivision shall also be
transmitted to all of the following:

(A) The Legislature, in compliance with Section 9795 of the
Government Code.

(B) The Director of Finance.

(C) The Superintendent.

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(D) The governing board of each participating community
college district.

(E) The governing board of each participating school district.

end delete

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begin insert SEC. 4. end insert   

end insert

begin insert Section 76001 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

76001.  

(a) The governing board of a community college district
may admit to any community college under its jurisdiction as a
special part-time or full-time student in any session or term any
student who is eligible to attend community college pursuant to
Section 48800 or 48800.5.

(b) If the governing board denies a request for a special part-time
or full-time enrollment at a community college for a pupil who is
identified as highly gifted, the board shall record its findings and
the reasons for denial of the request in writing 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) 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 Sections 48802 and 76002. Credit for
courses completed shall be at the level determined to be appropriate
by the school district and community college district governing
boards.

(d) 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.

(e) (1) Except as provided in paragraph (2), the governing board
of a community college district shall assign a low enrollment
priority to special part-time or full-time students described in
subdivision (a) in order to ensure that these students do not displace
regularly admitted students.

(2) This subdivision does not apply to a student attending a
middle college high school as described in Section 11300, begin insert an early
college high school as described in Section 11302, or pursuant to
a concurrent enrollment partnership agreement as described in
Section 48803, end insert if the student is seeking to enroll in a community
college course that is required for the student’s middle college
high school begin insert , early college high school, or concurrent enrollment
partnership end insert program.

begin insert

begin insert SEC. end insert begin insert 5. end insert   

end insert

begin insert Section 76004 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 76004. end insert   

(a) (1) The governing board of a community college
district may enter into a partnership with the governing board of
a school district located within its service area with the goal of
developing seamless pathways from high school to community
college for career technical education or preparation for transfer,
improving high school graduation rates, or helping high school
pupils achieve college and career readiness.

(2) A participating community college district may adopt a
partnership agreement with a school district partner that is
approved by the governing boards of both districts. As a condition
of, and before adopting, a partnership agreement, a community
college district and a school district, at a regularly scheduled open
public hearing of their respective governing boards, shall 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 courses offered, and criteria
to assess the ability of students to benefit from those courses. The
partnership agreement may establish protocols for information
sharing, joint facilities use, and parental consent for pupils who
are under 18 years of age.

(B) The partnership agreement shall identify a point of contact
for the participating community college district and school district
partner.

(C) A copy of the partnership agreement shall be filed with the
chancellor and the Superintendent before the start of a program
authorized by this article.

(4) A community college district shall not provide physical
education course opportunities to secondary school pupils pursuant
to this section.

(5) A student may receive community college and high school
credit for community college courses that he or she completes as
determined to be appropriate by the governing boards of the
community college district and the school district.

(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.

(c) (1) For each partnership entered into pursuant to this
section, the affected community college district and school district
shall report annually to the chancellor all of the following
information:

(A) The total number of secondary school pupils enrolled in
each partnership.

(B) The total number of community college courses enrolled in
by partnership participants.

(C) The total number and percentage of successful course
completions of partnership participants.

(2) The annual report required by this subdivision shall also
be transmitted to all of the following:

(A) The Legislature, in compliance with Section 9795 of the
Government Code.

(B) The Director of Finance.

(C) The Superintendent.

end insert