BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1451
                                                                  Page  1

          Date of Hearing:   April 1, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 1451 (Holden) - As Amended:  March 25, 2014

          [Note: This bill is doubled referred to the Assembly Education  
          Committee and will be heard as it relates to issues under its  
          jurisdiction.]
           
          SUBJECT  :   Public schools: concurrent enrollment in secondary  
          school and community college.

           SUMMARY  :   Authorizes the governing board of a school district  
          to enter into a formal concurrent enrollment partnership with a  
          community college district located within its immediate service  
          area, with the goals of helping high school pupils achieve  
          college and career readiness, improve high school graduation  
          rates, reduce community college remediation rates, and develop  
          seamless pathways from high school to community college career  
          technical education (CTE) programs and/or preparation for  
          transfer; and removes certain restrictions on concurrent  
          enrollment.   Specifically,  this bill  :  

          1)Generally finds and declares that concurrent enrollment  
            provides important educational opportunities for high school  
            pupils, increases college participation rates, improves the  
            level of preparation of pupils in the area of CTE, saves money  
            for both the state and the students, and provides for more  
            effective use of facilities; additionally finds that the  
            existing limits on concurrent enrollment programs inhibit the  
            ability of school districts and their students to make maximum  
            use of California Community Colleges (CCC).

          2)Specifies a pupil concurrently enrolled 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 school district and the CCC  
            district.

          3)Exempts courses that are necessary in addressing deficiencies  
            in English language arts or mathematics for pupils who have  
            not demonstrated college-readiness on an Early Assessment  
            Program assessment or a successor common core aligned  
            assessment from the 5% cap.








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          4)Allows for the governing board of a school district to enter  
            into a concurrent enrollment partnership agreement with the  
            governing board of a CCC district located within its immediate  
            service area, with the goal of developing a seamless pathway  
            from high school to community college for CTE or preparation  
            for transfer, improving high school graduation rates, or  
            helping high school pupils achieve college and career  
            readiness.

          5)Authorizes a participating school district to adopt a  
            concurrent enrollment partnership agreement with a CCC  
            district partner that is approved by the governing boards of  
            both districts; and, as a condition of, and before adopting, a  
            concurrent enrollment partnership agreement, a CCC 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 concurrent enrollment partnership agreement.

          6)Specifies that the concurrent enrollment 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 the criteria to assess the  
            ability of pupils to benefit from those courses; and, the  
            agreement may establish protocols for information sharing,  
            joint facilities us, and parent consent for pupils.

          7)Specifies that the agreement shall identify a point of contact  
            for the participating school district and CCC district; and,  
            copies of the agreement must be filed with the Superintendent  
            of Public Instruction and the Chancellor of the CCC before the  
            state of a program pursuant to this measure.

          8)Specifies that a CCC district shall not provide physical  
            education course opportunities to secondary school pupils, as  
            specified.

          9) Specifies that a participating school district shall not  
            receive a state allowance or apportionment for an  
            instructional activity for which a CCC district has been, or  
            shall be, paid an allowance or apportionment.

          10)Allows a participating high school to monitor the progress of  
            its pupils attending a community college, as specified.








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          11)Requires that for each agreement entered into, the affected  
            CCC district and school district shall report annually to the  
            CCC Office of the Chancellor 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; and,

             c)   The total number of successful course completions of  
               students in courses equivalent to those courses tracked, as  
               specified, in the general community college curriculum.

          12)Specifies the annual report shall also be transmitted to all  
            of the following: 

             a)   The Legislature;

             b)   The Director of Finance; and,

             c)   The Superintendent of Public Instruction.

          13)Exempts pupils attending a middle or early college high  
            school and participants of the concurrent enrollment  
            partnership program from certain existing concurrent  
            enrollment policies, as specified.

          14)Ensures that both affected secondary and postsecondary  
            Education Codes reflect the created partnership agreement.

          15)Specifies that notwithstanding existing law or any  other  
            open course provision, as specified, or regulations adopted by  
            the Board of Governors for the CCC, a CCC district may limit  
            enrollment in a community college course to solely high school  
            pupils if the course is offered at a high school campus, is  
            not otherwise offered at the high school, and one or more of  
            the following circumstances are satisfied:

             a)   The community college course is offered by a middle or  
               early college high school; and b) the community college  
               course is offered pursuant to a partnership agreement.









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          16)Specifies that for purposes of allowance and apportionments  
            of the State School Fund, a CCC district conducting a closed  
            course on a high school campus shall be credited with  
            additional units of full-time equivalent students (FTES)  
            attributable to the attendance of eligible high school pupils.

          17)Allows a CCC district to allow a pupil attending a middle or  
            early college high school or a pupil participating in a  
            partnership agreement to enroll in up to a maximum of 15 units  
            if those units are required for the pupil's partnership  
            program, and if either of the following circumstances is  
            satisfied:

             a)   The units constitute no more than four community college  
               courses per term; and, b) the units are part of an academic  
               program offered at the middle or early college high school  
               that is designed to allow students to earn enough credit to  
               graduate with an associate's degree or CTE certificate, or  
               are part of a partnership agreement.

          18)Authorizes the governing board of a CCC district  
            participating in a partnership agreement, in whole or in part,  
            to exempt special part-time or full-time students taking up to  
            a maximum of 15 units per term from the fee requirements, as  
            specified.

           EXISTING LAW  :

          1)Authorizes the governing board of a school district, upon  
            recommendation of the principal of a student's school of  
            attendance, and with parental consent, to authorize a student  
            who would benefit from advanced scholastic or vocational work  
            to attend a community college as a special part-time or  
            full-time student.  Additionally, current law prohibited a  
            principal from recommending, for community college summer  
            session attendance, more than 5% of the total number of  
            students in the same grade level and exempted from the 5% cap  
            a student recommended by his or her principal for enrollment  
            in a college-level summer session course if the course in  
            which the pupil was enrolled met specified criteria. These  
            exemptions were repealed on January 1, 2014 (Education Code �  
            48800, et seq.). 

          2)Requires the CCC Chancellor's Office to report to the  
            Department of Finance and Legislature annually on the amount  








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            of FTES claimed by each CCC district for high school pupils  
            enrolled in non-credit, non-degree applicable, degree  
            applicable (excluding physical education), and degree  
            applicable physical education courses; and provides that, for  
            purposes of receiving state apportionments, CCC districts may  
            only include high school students within the CCC district's  
            report on FTES if the students are enrolled in courses that  
            are open to the general public, as specified.  Additionally,  
            current law requires the governing board of a CCC district to  
            assign a low enrollment priority to special part-time or  
            full-time students in order to ensure that these students do  
            not displace regularly admitted community college students (EC  
            � 76001 and � 76002). 
           
           FISCAL EFFECT  :   Unknown

           COMMENTS  :    Concurrent enrollment background  .  Concurrent  
          enrollment provides pupils the opportunity to enroll in college  
          courses and earn college credit while still enrolled in high  
          school.  Currently, a pupil is allowed to concurrently enroll in  
          a CCC as a "special admit" while still attending high school, if  
          the pupil's school district determines that the pupil would  
          benefit from "advanced scholastic or vocational work."   
          Special-admit students have typically been advanced pupils  
          wanting to take more challenging coursework or pupils who come  
          from high schools where Advanced Placement or honors courses are  
          not widely available.  Additionally, programs such as middle  
          college high schools and early college high schools use  
          concurrent enrollment to offer instructional programs for  
          at-risk pupils that focus on college preparatory curricula.   
          These programs are developed through partnerships between a  
          school district and a CCC.  During summer session at a CCC,  
          principals are limited to recommending no more than 5% of their  
          pupils in each grade level to enroll at a CCC during a summer  
          session.  Existing law provides certain exemptions to this  
          process (as aforementioned in current law above).  These  
          exemptions expired on January 1, 2014.  

          This bill reinstates the exemptions and calls for them now to  
          sunset on January 1, 2017.

          According to a February 2014 report by Education Commission of  
          the States (ECS), the number of U. S. public high schools  
          offering concurrent enrollment programs is growing, with 82%  
          providing such opportunities in 2011-12, the most recent  








                                                                  AB 1451
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          national data available.  Academic research and state experience  
          highlight the benefits of concurrent enrollment programs for  
          improving college rates, particularly for minority and/or  
          low-income students.  Additionally, ECS finds that with the  
          possible exception of the state of Massachusetts, minority  
          and/or low-income students tend to be underrepresented in  
          statewide concurrent enrollment programs.

           Purpose of this bill  .  The author states, "AB 1451 will [help]  
          prepare secondary pupils integrate into collegial environments,  
          provide gifted students more rigorous academic opportunities,  
          provide assistance to students studying for the California High  
          School Exit Exam, provide exposure to college as a drop-out  
          prevention tool for high school administrators, generate  
          interest in higher education for students without college  
          aspirations, and expand opportunities for the development of job  
          training programs that prepare students for vocational careers."

           What is exempted  ? Current law exempts a high school student  
          recommended by the principal for enrollment in a community  
          college summer session course from the 5% cap if:

          1)The course is a lower division Intersegmental General  
            Education Transfer Curriculum (IGETC) course that applies to  
            the General Education breadth requirements of the California  
            State University (CSU).

          2)The course is a college-level occupational course for credit,  
            and is part of a sequence of vocational or career technical  
            education courses that leads to a degree or certificate, as  
            specified. 

          3)The course is necessary to assist a pupil who has not passed  
            the California High School Exit Exam, and the student is in  
            the senior year, as specified.

          This bill adds courses that are necessary 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 to the exemption list of the 5% cap.

           How many  ?  According to the CCC Chancellor's Office statutorily  
          required report on special admit enrollments:  26,604 special  
          admit students were claimed systemwide, in summer 2013, with  








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          22,432 of the students successfully completing and passing their  
          courses.  The summer 2013 numbers have slightly increased when  
          compared to the previous last couple of years; however, the 2013  
          numbers remain significantly lower when compared to summer 2007,  
          when of the 68,708 special admit students claimed systemwide,  
          53,387 successfully competed and passed their courses.

           Double-dipping  ?  There is a common perception that concurrent  
          enrollment courses require a state to "pay twice" for a student  
          to take a single course.  However, according to ECS, "If the  
          dual enrollment opportunity is strong, rather than paying twice,  
          states are paying earlier."  ECS concludes that the state is  
          consolidating two payments into one if the community college  
          course that the high school pupil takes is transferable to the  
          postsecondary institution where he or she later enrolls.
           
          Impact of budget cuts on CCC  .  General Fund reductions combined  
          with increased student demand has left the CCC unable to provide  
          course offerings to fully meet student needs.  Funding for the  
          CCC has been cut $809 million, or 12%, over the past three  
          years.  According to a March 2013 report by the Public Policy  
          Institute of California (PPIC), course offerings have declined  
          from 420,000 to 334,000 since 2008-86,000 or 21% of course  
          offerings-and most were credit courses necessary to transfer or  
          obtain a degree or certificate.  PPIC estimates that since 2008,  
          600,000 students have not been able to enroll in classes, and  
          another 500,000 students were on waiting lists for Fall 2012  
          courses.  

          When there is greater demand than there are course offerings,  
          course registration priorities play an important role in  
          managing enrollment by determining which groups of students are  
          enrolled in needed courses and which students get turned away.  
          
           Conflicting legislation  .  AB 1540 (Hagman), which passed out of  
          this committee with a vote of 12 -0 on March 18, 2014, would,  
          among other things, specify that the governing board of a school  
          district may authorize a pupil, at the recommendation of a  
          community college dean of a computer science department or  
          another appropriate community college computer science  
          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 computer science  
          courses offered at the community college.









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          AB 2352 (Chesbro), which is scheduled to be heard in this  
          committee on April 22, 2014, would, among other things, remove  
          early and middle college high school students concurrently  
          enrolled at a CCC from receiving low priority admission status.

          These measures appear to be in direct conflict with AB 1451.  

          Staff recommends, should all the measures pass out of this  
          committee, that they eventually be amended to address potential  
          chaptering out issues.

           Related Legislation  .  There have been many bills introduced in  
          the last several years that attempt to address concurrent  
          enrollment and the 5% cap, including, but not limited to the  
          following bills:  AB 160 (Portantino, 2011), which was held on  
          the Senate Appropriations Committee Suspense file, removed  
          certain restrictions on concurrent enrollment and authorized  
          school districts to enter into partnerships with CCC districts  
          to provide high school pupils opportunities for advanced  
          scholastic work, career technical or other coursework at CCC  
          campuses.  AB 230 (Carter), Chapter 50, Statutes of 2011,  
          exempted a pupil attending a middle college high school from the  
          requirement that CCC governing boards assign a low enrollment  
          priority to concurrent enrollment students if that pupil is  
          seeking to enroll in a CCC course that is required for the  
          pupil's middle college high school program.  SB 1437 (Padilla),  
          Chapter 718, Statutes of 2008, extended the sunset date from  
          January 1, 2009 until January 1, 2014 for which this bill seeks  
          to further extend the sunset.  SB 1303 (Runner), Chapter 648,  
          Statutes of 2006, exempted from the specified 5% cap on CCC  
          summer session enrollment, a pupil recommended by his or her  
          principal if the pupil met specified criteria.  

          AB 1540 (Hagman) and AB 2352 (Chesbro), see "conflicting  
          legislation" section of this analysis.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Federation of Teachers
          California Community Colleges Chancellor's Office (sponsor)
          California Communities United Institute
          Kern Community College District
          Los Angeles Community College District








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          Los Rios Community College District
          Pasadena Community College District
          Peralta Community College District
          Rancho Santiago Community College District
          South Orange County Community College District
          Yuba County Community College District

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960