BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1540
                                                                  Page  1

          Date of Hearing:   March 18, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 1540 (Hagman) - As Amended:  March 10, 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  :   Concurrent enrollment in secondary school and  
          community college.

           SUMMARY  :   Authorizes the governing board of a school district  
          to authorize a pupil, at the recommendation of the appropriate  
          community college personnel, and with parental consent, to  
          attend a community college during any session or term and to  
          undertake one or more computer science courses offered at the  
          community college; adds computer science courses to the list of  
          courses exempted that limit the percentage of pupils who can  
          enroll in a community college course; authorizes the governing  
          board of a community college district to enter into a formal  
          partnership with a school district or school districts located  
          within its immediate service area to allow pupils to undertake  
          one or more computer science courses if they have exhausted all  
          opportunities to enroll in an equivalent course at their high  
          school of attendance; extends a sunset as specified; and, makes  
          clarifying changes to current law.  Specifically,  this bill  :  

          1)Specifies 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 other  
            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.

          2)Adds that a high school pupil recommend by his or her  
            principal for enrollment in a course at a community college  
            shall not be included in the 5% limitation of pupils allowed  
            to be recommended if the course is a college-level computer  
            science course for credit as determined by the Chancellor of  
            the California Community Colleges, and the course is part of a  
            sequence of computer science courses leading to a degree in  








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            the subject matter covered by the sequence.

          3)Extends the sunset to January 1, 2017, for the following:

             a)   A high school pupil is exempted from the 5% cap if he or  
               she is recommended by his or her principal for enrollment  
               in a college-level summer session course if the course in  
               which the pupil wishes to enroll meets specified criteria;   


             b)   On or before March 1 of each year, the Chancellor of the  
               California Community Colleges (CCC) shall issue a report to  
               the Department of Finance as to the number of pupils  
               recommended beyond the 5% cap as specified; and,

             c)   The Board of Governors of the CCC shall not include  
               enrollment growth attributable to the number of pupils who  
               attend the CCC above the 5% cap as specified, as part of  
               its annual budget request for the CCC.

          4)Authorizes the governing board of a community college district  
            to enter into a formal partnership with a school district or  
            school districts located within its immediate service area to  
            provide high school pupils who have exhausted all  
            opportunities to enroll in an equivalent course at the high  
            school of attendance with the opportunity to benefit from one  
            or more computer science courses offered at a community  
            college.  

           5)Specifies that a high 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, 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.  
                 
           6)Specifies that the partnership agreement shall outline the  
            terms of the partnership and may include, but is not  
            necessarily limited to, the scope, nature, and schedule of  
            courses offered, the academic readiness of pupils that is  
            necessary for them to benefit from the courses offered, and  
            the ability of pupils to benefit from those courses;  
            additionally, the agreement may establish protocols for  








                                                                  AB 1540
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            information sharing and joint facilities use.  
                 
           7)Stipulates that a copy of the partnership agreement shall be  
            filed with the department and with the Office of the  
            Chancellor of the CCC before the start of a program, as  
            authorized.  
                 
           8)Specifies that a pupil shall receive community college and  
            high school credit for community college courses that he or  
            she completes at the level determined to be appropriate by the  
            governing boards of the school district and the community  
            college district, as established in the partnership agreement.  
                
          9)Stipulates that 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.  
                
          10)Specifies that the attendance of a pupil at a community  
            college as a special part-time or full-time student, as  
            specified, is authorized attendance for which the community  
            college shall be credited or reimbursed as specified, provided  
            that no school district has received reimbursement for the  
            same instructional activity; and, 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.  
                 
           11)Specifies that a special part-time student may enroll in not  
            more than 11 units per semester, or the equivalent thereof, at  
            the community college he or she attends.

          12)Authorizes community college districts and school districts  
            that enter into a partnership, as specified, shall be exempt  
            from specified concurrent enrollment provisions if the  
            governing board of the community college district determines  
            that enrollment of high school pupils will not significantly  
            displace regularly admitted students.

          13)Makes minor and technical changes to existing law.

           EXISTING LAW  :

          1)Authorizes the governing board of a school district, upon  
            recommendation of the principal of a student's school of  








                                                                  AB 1540
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            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  
            of full-time equivalent students (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.   








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          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.

           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 college-level computer science courses for credit  
          to the exemption list of the 5% cap.

           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.  









                                                                  AB 1540
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          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.  

           Need for the bill  .  According to the author's office, the  
          technology industry is one of the fastest growing in California  
          and is crucial to our economy.  The author states that, "Tech  
          companies have an increasing need for a qualified, educated  
          domestic workforce, yet California is far behind in educating  
          our students in the theories and applications of computer  
          science."  
           
          Computer science shortfalls  .  According to a May 2013 report by  
          Congressional Research Service, entitled, "The U.S. Science and  
          Engineering Workforce:  Recent, Current, and Projected  
          Employment, Wages, and Unemployment," in 2011, there were 5.9  
          million scientists and engineers employed in the United States,  
          accounting for 4.6% of the total U.S. employment. The report  
          found that science and engineering (S & E) employment was  
          concentrated in two S & E occupational groups, computer  
          occupations (56%) and engineers (25%).  

          The Bureau of Labor Statistics (BLS) projects the number of S &  
          E jobs will grow by 1.1 million in ten years (commencing in 2010  
          and concluding in 2020), a growth rate that is projected to be  
          faster than the overall workforce.  Additionally, BLS projects  
          that a further 1.3 million scientists and engineers will be  
          needed to replace those that will exit S & E occupations.   
          According to BLS, the number scientists and engineers needed to  
          meet growth and net replacement needs between 2010 and 2020 is  
          2.4 million, including 1.4 million in the computer occupations.

          The chart below, based on a June 2013 report by the Georgetown  
          University Center on Education and the Workforce (Center), shows  
          the following projected computers and mathematical sciences  
          workforce needs and education levels by 2020 for California:


           ----------------------------------------------------------------- 
          |Less than |   High   |   Some   |Associate'|Bachelor's| Master's |
          |   high   |  school  |college/no| s degree |  degree  |degree or |
          |  school  | diploma  |  degree  |          |          |  higher  |
          |----------+----------+----------+----------+----------+----------|
          |580       |7,440     |28,090    |11,510    |80,550    |47,500    |








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           ----------------------------------------------------------------- 

          The Center also projects that Science, Technology, Engineering,  
          and Mathematics (STEM) will be one of the fastest growing fields  
          of occupation by 2020, but will also require high levels of  
          postsecondary education.

           Conflicting legislation  .  AB 1451 (Holden), scheduled to be  
          heard in this committee on April 1, 2014, among other things,  
          authorizes the governing board of a school district to authorize  
          a pupil, as specified, 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 and authorizes the governing  
          board of a school district to enter into a concurrent enrollment  
          partnership agreement with a community college district located  
          within its immediate service area.  This bill appears to be in  
          direct conflict with AB 1540.  

          Staff recommends, should both bills pass out of this committee,  
          that eventually both measures 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.  









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          AB 1451 (Holden), see "conflicting legislation" section of this  
          analysis.

          Additionally, this year several STEM and computer science  
          specific bills have been introduced that seek to combat the  
          projected short falls of prepared and educated students able to  
          enter into the workforce in  STEM related fields.  
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Chamber of Commerce
          California Communities United Institute 
          Code.org
          Computer Science Teachers Association
          Microsoft Corporation

           Opposition 
           
          None on file.
           

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