BILL NUMBER: AB 288 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 13, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY MARCH 23, 2015
INTRODUCED BY Assembly Members Holden and Olsen
(Principal coauthors: Assembly Members Baker, Chávez, McCarty,
Santiago, and Ting)
(Coauthors: Assembly Members Alejo and Weber)
FEBRUARY 11, 2015
An act to add and repeal Section 76004 to the Education
Code, relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 288, as amended, Holden. Public schools: College and Career
Access Pathways partnerships.
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 requires credit to be awarded to these
pupils, as specified, authorizes a school principal to recommend a
pupil for community college summer session if the pupil meets
specified 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 before the time of
recommendation for summer session attendance.
This bill would authorize the governing board of a community
college district to enter into a College and Career Access Pathways
partnership with the governing board of a school district 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 to establish protocols for information sharing, joint
facilities use, and parental consent for high school pupils to enroll
in community college courses.
The bill would authorize specified high school pupils to enroll in
up to 15 units per term if those units are required for these pupils'
partnership programs and specified conditions are satisfied, and
would authorize a community college district to exempt special
part-time and full-time students taking up to a maximum of 15 units
per term from specified fee requirements. The bill would prohibit a
district from receiving a state allowance or apportionment for an
instructional activity for which the partnering district has been, or
will be, paid an allowance or apportionment under a concurrent
enrollment partnership agreement. The bill would require, for each
partnership agreement entered into under the bill, the affected
community college district and school district to provide an annual
report, containing specified data, to the office of the Chancellor of
the California Community Colleges. The bill would require the
chancellor to prepare a summary report, no later than January 1,
2021, that includes an evaluation of the partnerships, as specified.
The bill's provisions would be repealed on January 1, 2022.
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) Research has shown that dual enrollment can be an effective
means of improving the educational outcomes for a broad range of
students.
(b) Dual enrollment has historically targeted high-achieving
students; however, increasingly, educators and policymakers are
looking toward dual enrollment as a strategy to help students who
struggle academically or who are at risk of dropping out.
(c) Allowing a greater and more varied segment of high school
pupils to take community college courses could provide numerous
benefits to both the pupils and the state, such as reducing the
number of high school dropouts, increasing the number of community
college students who transfer and complete a degree, shortening the
time to completion of educational goals, and improving the level of
preparation of students to successfully complete for-credit,
college-level, college-level courses.
(d) California should rethink its policies governing dual
enrollment, and establish a policy framework under which school
districts and community college districts could create dual
enrollment partnerships as one strategy to provide critical support
for underachieving students, those from groups underrepresented in
postsecondary education, those who are seeking advanced studies while
in high school, and those seeking a career technical education
credential or certificate.
(e) Through dual enrollment partnerships, school districts and
community college districts could create clear pathways of aligned,
sequenced coursework that would allow students to more easily and
successfully transition to for-credit, college-level coursework
leading to an associate degree, transfer to the University of
California or the California State University, or to a program
leading to a career technical education credential or certificate.
(f) To facilitate the establishment of dual enrollment
partnerships, the state should remove fiscal penalties and policy
barriers that discourage dual enrollment opportunities. By reducing
some of these restrictions, it will be possible to expand dual
enrollment opportunities, thereby saving both students and the state
valuable time, money, and scarce educational resources.
SEC. 2. Section 76004 is added to the Education Code, to read:
76004. Notwithstanding Section 76001 or any other law:
(a) The governing board of a community college district may enter
into a College and Career Access Pathways (CCAP) partnership with the
governing board of a school district for the purpose of offering or
expanding dual enrollment opportunities for students who may not
already be college bound or who are underrepresented in higher
education, 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.
(b) A participating community college district may enter into a
CCAP partnership with a school district partner that is governed by a
CCAP partnership agreement approved by the governing boards of both
districts. As a condition of, and before adopting, a CCAP partnership
agreement, the governing board of each district, at an open public
meeting of that board, shall present the dual enrollment partnership
agreement as an informational item. The governing board of each
district, at a subsequent open public meeting of that board, shall
take comments from the public and approve or disapprove the proposed
agreement.
(c) (1) The CCAP partnership agreement shall outline the terms of
the CCAP partnership and shall include, but not necessarily be
limited to, the total number of high school students
to be served and the total number of full-time equivalent students
projected to be claimed by the community college district for those
students; the scope, nature, time, location, and listing of
community college courses to be offered,
offered; and criteria to assess the ability of pupils to
benefit from those courses. The CCAP partnership agreement shall also
establish protocols for information sharing, in compliance with
all applicable state and federal privacy laws, joint
facilities use, and parental consent for high school pupils to enroll
in community college courses.
(2) The CCAP partnership agreement shall identify a point of
contact for the participating community college district and school
district partner.
(3) A copy of the CCAP partnership agreement shall be filed with
the office of the Chancellor of the California Community Colleges and
with the department before the start of the CCAP partnership.
The chancellor may void any CCAP partnership agreement it determines
has not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP
partnership shall not provide physical education course opportunities
to high school pupils pursuant to this section or any other course
opportunities that do not assist in the attainment of at least one of
the goals listed in subdivision (a).
(e) A community college district shall not enter into a CCAP
partnership with a school district within the service area of another
community college district, except where an agreement exists, or is
established, between those community college districts authorizing
that CCAP partnership.
(f) A high school pupil enrolled in a course offered through a
CCAP partnership shall not be assessed any fee that is prohibited by
Section 49011.
(g) A community college district participating in a CCAP
partnership may assign priority for enrollment and course
registration to a pupil seeking to enroll in a community college
course that is required for the pupil's CCAP partnership program that
is equivalent to the priority assigned to a pupil attending a middle
college high school as described in Section 11300 and consistent
with middle college high school provisions in Section 76001.
(h) The CCAP partnership agreement shall certify that any
community college instructor teaching a course on a high school
campus has not been convicted of any sex offense as defined in
Section 87010, or any controlled substance offense as defined in
Section 87011.
(i) The CCAP partnership agreement shall certify that any
community college instructor teaching a course at the partnering high
school campus has not displaced or resulted in the termination of an
existing high school teacher teaching the same course on that high
school campus.
(j) The CCAP partnership agreement shall certify that a qualified
high school teacher teaching a course offered for college credit at a
high school campus has not displaced or resulted in the termination
of an existing community college faculty member teaching the same
course at the partnering community college campus.
(k) The CCAP partnership agreement shall certify that a
include a certification by the participating community
college district of both of the following:
(1) A community college course
offered for college credit at the partnering high school campus does
not reduce access to the same course offered at the partnering
community college campus.
(2) Participation in a CCAP partnership is consistent with the
core mission of the community colleges pursuant to Section 66010.4,
and that pupils participating in a CCAP partnership will not lead to
enrollment displacement of otherwise eligible adults in the community
college.
(l) The CCAP partnership agreement shall certify that both the
school district and community college district partners comply with
local collective bargaining agreements and all state and federal
reporting requirements regarding the qualifications of the teacher or
faculty member teaching a CCAP partnership course offered for high
school credit.
(m) The CCAP partnership agreement shall specify both of the
following:
(1) Which participating district will be the employer of record
for purposes of assignment monitoring and reporting to the county
office of education.
(2) Which participating district will assume reporting
responsibilities pursuant to applicable federal teacher quality
mandates.
(n) The CCAP partnership agreement shall certify that any
remedial courses course taught by
community college faculty at a partnering high school campus shall
be offered only to high school students who test as nonproficient in
math, English, or both on a formative assessment in grade 10 or 11,
as determined by the partnering school district.
district, and shall involve a collaborative effort between high
school and community college faculty to deliver an innovative
remediation course as an intervention in the student's junior or
senior year to ensure the student is prepared for college
-level work upon graduation.
(o) (1) A community college district may limit enrollment in a
community college course solely to eligible high school students if
the course is offered at a high school campus during the regular
school day and the community college course is offered pursuant to a
CCAP partnership agreement.
(2) For purposes of allowances and apportionments from Section B
of the State School Fund, a community college district conducting a
closed course on a high school campus pursuant to paragraph (1) of
subdivision (p) shall be credited with those units of full-time
equivalent students attributable to the attendance of eligible high
school pupils.
(p) A community college district may allow a special part-time
student participating in a CCAP partnership agreement established
pursuant to this article to enroll in up to a maximum of 15 units per
term if all of the following circumstances are satisfied:
(1) The units constitute no more than four community college
courses per term.
(2) The units are part of an academic program that is part of a
CCAP partnership agreement established pursuant to this article.
(3) The units are part of an academic program that is designed to
award students both a high school diploma and an associate's degree.
(q) The governing board of a community college district
participating in a CCAP partnership agreement established pursuant to
this article may, in whole or in part, shall
exempt special part-time students described in subdivision (p)
from the fee requirements in Sections 76060.5, 76140, 76223, 76300,
76350, and 79121.
(r) A district shall not receive a state allowance or
apportionment for an instructional activity for which the partnering
district has been, or shall be, paid an allowance or apportionment.
(s) The attendance of a high school 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.
(t) (1) For each CCAP partnership agreement 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 high school pupils by schoolsite enrolled
in each CCAP partnership, by gender and ethnicity.
aggregated by gender and ethnicity, and reported in compliance
with all applicable state and federal privacy laws.
(B) The total number of community college courses by course
category and type and by school site enrolled in by CCAP partnership
participants.
(C) The total number and percentage of successful course
completions, by course category and type and by schoolsite, of CCAP
partnership participants.
(D) The total number of full-time equivalent students generated by
CCAP partnership community college district participants.
(2) The report shall include On or before
January 1, 2021, the chancellor shall prepare a summary report that
includes an evaluation of the CCAP partnerships , an
assessment of trends in the growth of special admits systemwide and
by campus, and, based upon the data collected pursuant to this
section, shall include recommendations for program
improvements, including, but not necessarily limited to, both
of the following:
(A) Any recommended changes to the
statewide cap on special admit full-time equivalent students to
ensure that adults are not being displaced.
(B) Any recommendation concerning
the need for additional student assistance or academic resources to
ensure the overall success of the CCAP partnerships.
(3) The chancellor shall ensure that the
number of full-time equivalent students generated by CCAP
partnerships is reported pursuant to the reporting requirements in
Section 76002.
(u) The annual report required by subdivision (t) shall also be
transmitted to all of the following:
(1) The Legislature, in compliance with Section 9795 of the
Government Code.
(2) The Director of Finance.
(3) The Superintendent.
(v) A community college district that violates this article,
including, but not necessarily limited to, any restriction imposed by
the board of governors pursuant to this article, shall be subject to
the same penalty as may be imposed pursuant to subdivision (d) of
Section 78032.
(w) The statewide number of full-time equivalent students claimed
as special admits shall not exceed 10 percent of the total number of
full-time equivalent students claimed statewide.
(x) Nothing in this section is intended to affect a dual
enrollment partnership agreement existing on the effective date of
this section under which an early college high school, a middle
college high school, or California Career Pathways Trust existing on
the effective date of this section is operated. An early college high
school, middle college high school, or California Career Pathways
Trust partnership agreement existing on the effective date of this
section shall not operate as a CCAP partnership unless it complies
with the provisions of this section.
(y)This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2022, deletes or extends that date.