Amended in Assembly April 29, 2014

Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2153

Introduced by Assembly Member Gray

February 20, 2014

An act to amend begin delete Sections 78230 and end delete begin insert Section end insert 89708 of the Education Code, relating to begin delete the end delete postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2153, as amended, Gray. Postsecondary education: course offerings.

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Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.

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Exiting law authorizes community college districts to establish and maintain extension programs meeting specified characteristics at specified community college campuses during summer and winter intersessions. Existing law requires that an extension credit course not supplant a course funded with state apportionments, and not be offered at times or in locations that supplant or limit the offering of programs that receive state funding or in conjunction with courses that receive state apportionment funding.

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This bill would add a provision that defines “supplant.”

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Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law requires that self-supporting sessions at the university, known as special sessions, not supplant regular course offerings available on a non-self-supporting basis during the regular academic year.

This bill would require that begin delete these end delete special session program course offerings not supplant or limit the number of regular course offerings that receive state funding at a campus of the university, and would require, to the extent possible, that each campus ensure that a course required as a condition of degree completion begin insert for a matriculated student end insert be offered as a state-supported course. The bill would require that a matriculated student, who is required to enroll in a special session course in order to begin delete graduate end delete begin insert complete his or her undergraduate degree end insert because the state-supported version of that course is unavailable begin insert in the academic year end insert , pay the lesser of the state-supported and special session course fee. The bill would begin delete require that all special session course offerings not exceed the number of state-supported section offerings of that course at a campus, and would authorize a campus, with the approval of the Chancellor of the California State University, to add a self-supporting version of a state-supported degree program course if specified conditions are satisfied end delete begin insert constrain the addition os self-supporting special session sections of courses and the timing of special session programs, as specified, unless the campus receives approval from the Chancellor of the California State University and certain conditions are satisfied end insert . The bill would require the chancellor to provide guidance to campuses regarding how to comply with this bill, and would require the trustees to annually certify compliance with these conditions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 78230 of the Education Code is amended
to read:

78230.  

(a) For the purposes of this section, the following terms
have the following meanings:

(1) “Eligible community college campus” means one of the
following campuses:

(A) College of the Canyons.

(B) Crafton Hills College.

(C) Long Beach City College.

(D) Oxnard College.

(E) Pasadena City College.

(F) Solano Community College.

(2) “Eligible community college district” means a community
college district with an eligible community college campus.

(b) (1) The Office of the Chancellor of the California
Community Colleges shall establish a voluntary pilot program
through which an eligible community college campus may establish
and maintain extension programs offering credit courses during
summer and winter intersessions. The governing board of an
eligible community college district may request to participate in
the pilot program.

(2) It is the intent of the Legislature that at least one participating
campus should begin implementation of the pilot program by
January 2014, and that an additional five campuses should
implement the pilot program by July 1, 2014.

(c) An extension program established pursuant to this section
shall have all of following characteristics:

(1) The program shall be self-supporting and all costs associated
with the program shall be recovered.

(2) Enrollment in the pilot program shall not be reported for
state apportionment funding, but program enrollment shall be open
to the public pursuant to Section 51006 of Title 5 of the California
Code of Regulations.

(3) The program shall be developed in conformance with this
code and Division 6 (commencing with Section 50001) of Title 5
of the California Code of Regulations related to community college
credit courses.

(4) The program shall be subject to community college district
collective bargaining agreements.

(5) The program shall apply to all courses leading to certificates,
degrees, or transfer preparation.

(d) (1) To participate in the pilot program, an eligible
community college district shall satisfy all of the following criteria:

(A) The district shall have served a number of students equal
to, or beyond, its funding limit for the two immediately prior
academic years, as provided in the annual Budget Act and as
reported by the Office of the Chancellor of the California
Community Colleges.

(B) The district shall not have received a stability adjustment
to state apportionment funding pursuant to Section 58776 of Title
5 of the California Code of Regulations in the prior two years.

(C) All courses offered for credit that receive state
apportionment funding shall meet basic skills, transfer, or
workforce development objectives.

(D) The district shall prioritize enrollment of students in courses
offered that receive state apportionment funding in conformance
with the legal authority of the governing board of the community
college district, Section 66025.8 of this code, and Section 58108
of Title 5 of the California Code of Regulations, by promoting
policies that prioritize enrollment in courses that receive state
apportionment funding of students who are fully matriculated, as
defined in Section 78212, and making satisfactory progress toward
a basic skills, transfer, or workforce development goal.

(E) The district shall prioritize enrollment in the extension
program courses as follows:

(i) First priority shall be given to current community college
students who are eligible for resident tuition.

(ii) Second priority shall be given to students who are eligible
for resident tuition.

(F) (i) The district shall limit the enrollment of students funded
by the state in activity courses, as defined in Section 55041 of Title
5 of the California Code of Regulations. An applicant district shall
not claim state apportionment funding for students who repeat
either credit courses or noncredit physical education, or visual or
performance arts courses that are part of the same sequence of
courses, unless the student is doing so to meet degree or other local
community college district requirements and is in compliance with
Section 55041 of Title 5 of the California Code of Regulations.

(ii) This subparagraph does not apply to disabled students taking
adaptive activity courses, students participating in intercollegiate
athletics, or students with an approved educational plan majoring
in physical education or the performing arts.

(2) The Office of the Chancellor of the California Community
Colleges, to the extent feasible, shall determine whether an eligible
community college district meets the criteria outlined in paragraph
(1) prior to its participation in the pilot program.

(e)  For a student who is not categorically exempt from
nonresident tuition, the community college district shall charge
all statutorily authorized fees applicable to nonresident students,
including, but not limited to, fees authorized pursuant to Section
76141 or 76142, for his or her enrollment in courses offered
pursuant to the pilot program.

(f)  The governing board of an eligible community college
district shall not expend General Fund moneys to establish and
maintain the extension program.

(g)  (1) An extension credit course shall not supplant any course
funded with state apportionments and shall not be offered at times
or in locations that supplant or limit the offering of programs that
receive state funding or in conjunction with courses that receive
state apportionment funding. An eligible community college district
shall not reduce a state-funded course section needed by students
to achieve basic skills, workforce training, or transfer goals, with
the intent of reestablishing those course sections as part of the
extension program. The governing board of an eligible community
college district shall annually certify compliance with this
subdivision by board action taken at a regular session of the board.

(2) For purposes of this section, “supplant” means to increase
the number of special session program course offerings and to
correspondingly decrease the number of regular course offerings
at a campus.

(h)  A degree credit course offered as an extension course shall
meet all of the requirements of subdivision (a) of Section 55002
of Title 5 of the California Code of Regulations, as it exists on
January 1, 2013.

(i)  The governing board of an eligible community college
district may charge students enrolled in an extension course a fee
that covers the actual cost of the course and that is based upon the
district’s nonresident fee rate for the year the course is offered.
For purposes of this subdivision, “actual cost” includes the actual
cost of instruction, necessary equipment and supplies, student
services and institutional support, and other costs of the community
college district used in calculating the costs of education for
nonresident students, including the administrative costs incurred
by the Office of the Chancellor of the California Community
Colleges in providing oversight of the pilot program.

(j)  In order to assist in providing access to extension courses
for students eligible for the Board of Governors fee waiver,
one-third of the revenue collected pursuant to subdivision (i) shall
be used by the district to provide financial assistance to these
students. In addition to the one-third of the revenues collected, a
participating district shall supplement financial assistance with
funds from campus foundations or any other nonstate funds.

(1) Each participating community college district shall develop
a plan for collecting and dispursing financial assistance provided
pursuant to this subdivision.

(2) Participating districts shall include a description of the
financial assistance plan in their annual reports to the Office of
the Chancellor of the California Community Colleges in accordance
with subdivision (n). Participating districts shall report, at a
minimum, all of the following:

(A) The number and percentage of participating students who
are receiving financial assistance.

(B) The criteria used for determining eligibility for, and
prioritizing awards of, financial assistance for students.

(C) Methods for communicating financial assistance information
to students.

(D) Total amount of financial aid disbursed and the sources of
the aid.

(E) Information on the proportion of students whose extension
program fees are subsidized with financial assistance, the
percentage of total fees that is paid by financial assistance for
individual students, with this information aggregated in ways that
assist in evaluating the consequence and equity of the financial
assistance program, and the sources of the financial assistance.

(k)  A community college district maintaining an extension
program under this section shall make every effort to encourage
broad participation in the program and support access for students
eligible for Board of Governors fee waivers, including, but not
limited to, providing students with information about financial aid
programs, the American Opportunity Tax Credit, military benefits,
scholarships, and other financial assistance that may be available
to students, as well as working with campus foundations to provide
financial assistance for students attending extension programs. In
addition, the district shall adopt enrollment priority and student
support policies ensuring that students who are eligible for state
financial aid are not disproportionately shifted from courses that
receive state apportionment funding to courses offered under the
pilot program.

(l) (1) Each eligible community college district participating
in the pilot program shall do both of the following:

(A) Collect and keep records that measure student participation,
student demographics, and student outcomes in a manner consistent
with records collected by community college districts in regular
credit programs supported through state apportionments, including
an analysis of program effects, if any, on district workload and
district financial status. A community college district shall submit
this information to the Office of the Chancellor of the California
Community Colleges by October 1 of each year.

(B) Submit a schedule of fees established pursuant to subdivision
(i) to the Chancellor of the California Community Colleges by
August 1 of each year.

(2) The chancellor shall submit all of the information provided
by community college districts pursuant to paragraph (1) to the
Legislative Analyst’s Office by November 1 of each year.

(3) (A) No later than January 1, 2017, the Legislative Analyst’s
Office shall, pursuant to Section 9795 of the Government Code,
provide to the Legislature a written report that evaluates the pilot
program established by this article.

(B) The report shall include all of the following:

(i) Summary statistics relating to course offerings, student
enrollment, including demographic data on the students enrolled
in courses, if available, financing, student use of financial aid,
funding, and course completion rates for the pilot program.

(ii) A determination of the extent to which the pilot program
complies with statutory requirements and the extent to which the
pilot program results in expanded access for students.

(iii) An assessment of the effect of the pilot program on the
availability of, and enrollment in, courses that receive state
apportionment funding, with particular attention to the demographic
makeup and financial aid status of students enrolled in those
courses.

(iv) Recommendations as to whether the pilot program should
be extended, expanded, or modified. In making recommendations,
the Legislative Analyst’s Office shall consider alternative
approaches that might achieve the goal of expanded access without
increasing state funding.

(m)  Courses offered by the extension program established and
maintained under this section may only be offered during summer
and winter intersessions.

(n) (1) No later than March 31, 2014, the Board of Governors
of the California Community Colleges shall adopt reporting
requirements for the pilot program that conform with the
requirements of Article 2 (commencing with Section 84030) of
Chapter 1 of Part 50, and the information reported shall be included
in the annual audit process.

(2) An eligible community college district that fails to comply
with the requirements established by the Board of Governors of
the California Community Colleges for the pilot program pursuant
to paragraph (1) or no longer meets the criteria set forth in
subdivision (d) shall be ineligible for participation in the pilot
program.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 89708 of the Education Code is amended
to read:

89708.  

(a)  Except as provided in subdivision (c), tuition fees
adequate, in the long run, to meet the cost of maintaining special
sessions in the California State University shall be required of,
and collected from, students enrolled in each special session under
and pursuant to rules and regulations prescribed by the trustees.

(b) (1) “Special sessions,” as used in this division, means
self-supporting instructional programs conducted by the California
State University. The special sessions shall include, but not be
limited to, career enrichment and retraining programs. It is the
intent of the Legislature that those programs, currently offered on
a self-supporting basis by the California State University during
summer sessions, may be provided throughout the year, and shall
be known as special sessions.

(2) The begin delete offering of a end delete self-supporting special begin delete session course end delete
begin insert sessions end insert shall not supplant begin delete a end delete begin insert regular end insert course begin delete offering end delete begin insert offerings end insert
available on a state-supported basis during the regular academic
begin delete year, including summer and winter intersessions. end delete begin insert year. end insert

(3) For the purposes of this section, a special session course
“supplants” a state-supported course when begin delete a end delete begin insert an undergraduate end insert
matriculated student is required to take a more expensive special
session course to graduate because a state-supported section of
that course is unavailable either because the state-supported course
is not offered that term or because all state-supported sections are
full begin insert during the academic year end insert at the student’s campus.

(c) To the extent possible, each campus shall ensure that any
course required as a condition of begin insert undergraduate end insert degree completion
begin insert for a matriculated student end insert shall be offered as a state-supported
course. A matriculated student who is required to take a special
session course to begin delete graduate end delete begin insert complete his or her undergraduate
degree end insert because a state-supported section of that course is
unavailable begin insert in the academic year end insert at the student’s campus shall pay
the lesser of the state-supported section and special session course
fee. In complying with this subdivision, the campus shall ensure begin insert ,
to the extent possible, end insert that general fund money is not used to
support a begin insert matriculated student’s enrollment in a end insert special session
program, section, or course begin delete to the extent possible end delete .

(d)  begin delete Officials end delete begin insert Except as provided in subdivision (g), officials end insert of
a campus shall not reduce the number of state-supported begin delete section end delete
begin insert sections of an undergraduate end insert course begin delete offerings end delete begin insert offering end insert while
increasing the number of begin delete offerings end delete begin insert sections end insert of the self-supporting
version of that course.

(e)  begin delete Officials end delete begin insert Except as provided in subdivision (g), officials end insert of
a campus shall not offer special session programs at that campus
at times or in locations that limit the number of regular course
offerings that receive state funding.

(f)  begin delete The end delete begin insert Except as provided in subdivision (g), the end insert number of
special session sections of any individual course, including online
courses, shall not exceed the number of state-supported sections
of that course at a campus.

(g) With approval from the Chancellor’s office, a campus may
add a self-supporting section of a begin insert course in a end insert state-supported
begin insert undergraduate end insert degree program begin delete course end delete begin insert , add an undergraduate
degree program, or increase the number of self-supporting sections
of an undergraduate course offering end insert so long as begin insert all of the following
are satisfied end insert :

(1) The campus has made the determination that state resources
are inadequate to provide for additional state-supported sections.

(2) There is no corresponding reduction in the begin insert aggregate end insert number
of state-supported begin delete sections end delete begin insert course offerings end insert on that campus.
begin insert However, this paragraph applies only to an academic year for
which the annual Budget Act has not reduced the budget of the
California State University from the prior year’s funding level. end insert

begin delete

(3) There is still sufficient demand to sustain both the
state-supported and the self-supporting course sections.

end delete begin delete

(4)

end delete

begin insert (3) end insert  The self-supporting section or sections comply with all
applicable state laws and systemwide and campus policies.

(h) The chancellor shall provide guidance to the campuses
regarding how to comply with this section. The trustees shall
annually certify compliance with this section at a regular meeting
of the board and shall transmit that certification to the Legislature
no later than June 30 of each academic year.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

It is the intent of the Legislature that the California
State University begin insert shall receive funding sufficient to end insert provide core
curriculum through state-supported academic programs, that a
matriculated student of the California State University is entitled
to a postsecondary education within the bounds of a state-supported
tuition and fee structure, and that a campus of the California State
University begin delete shall end delete begin insert is able to ensure that a student is end insert not begin delete require a
student end delete begin insert required end insert to enroll in a special session program, section, or
course in order to receive his or her postsecondary education in a
timely manner.