BILL NUMBER: AB 542	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk

                        FEBRUARY 23, 2015

   An act to amend Sections 76001 and 76002 of the Education Code,
relating to community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 542, as introduced, Wilk. Community colleges: early and middle
college high schools.
   Existing law authorizes the governing board of a community college
district to 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
authorization given by the governing board of a school district, as
specified. Existing law requires the governing board of the community
college district to assign a low enrollment priority to the special
part-time or full-time students, except for a student attending a
middle college high school if the student is seeking to enroll in a
community college course that is required for the student's middle
college high school program.
   This bill would also except from the low enrollment priority
requirement a student attending an early college high school if the
student is seeking to enroll in a community college course that is
required for the student's early college high school program.
   Existing law, for purposes of receiving state apportionments,
authorizes a community college district to include high school pupils
who attend a community college as special part-time or full-time
students in its report of full-time equivalent students only if those
pupils are enrolled in community college classes that meet certain
criteria.
   This bill would provide that the authorization for a community
college district to include high school pupils who attend a community
college as special part-time or full-time students in its report of
full-time equivalent students does not apply to a student attending a
middle college high school or early college high school if the
student is enrolled in a community college course that is required
for the student's middle college or early college high school
program.
   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.  It is the intent of the Legislature that this act
eliminate statutory barriers to the operation of existing early and
middle college high schools and the establishment of new early and
middle college high schools.
  SEC. 2.  Section 76001 of the Education Code is amended to read:
   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  of the community college district
 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  governing  board  of the community
college district  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,  or an
early college high school as described in Section 11302,  if the
student is seeking to enroll in a community college course that is
required for the student's middle college  or early college 
high school program.
  SEC. 3.  Section 76002 of the Education Code is amended to read:
   76002.  (a) For  the  purposes of receiving state
apportionments, a community college district may include high school
pupils who attend a community college within the  community
college  district pursuant to Sections 48800 and 76001 in the
 community college  district's report of full-time
equivalent students (FTES) only if those pupils are enrolled in
community college classes that meet all of the following criteria:
   (1) The class is open to the general public.
   (2) (A) The class is advertised as open to the general public in
one or more of the following:
   (i) The college catalog.
   (ii) The regular schedule of classes.
   (iii) An addenda to the college catalog or regular schedule of
classes.
   (B) If a decision to offer a class on a high school campus is made
after the publication of the regular schedule of classes, and the
class is solely advertised to the general public through electronic
media, the class shall be so advertised for a minimum of 30
continuous days  prior to   before  the
first meeting of the class.
   (3) If the class is offered at a high school campus, the class
shall not be held during the time the campus is closed to the general
public, as defined by the governing board of the school district
during a regularly scheduled board meeting.
   (4) If the class is a physical education class, no more than 10
percent of its enrollment may be comprised of special part-time or
full-time students. A community college district shall not receive
state apportionments for special part-time and full-time students
enrolled in physical education courses in excess of 5 percent of the
 community college  district's total reported full-time
equivalent enrollment of special part-time and full-time students.

   (b) Subdivision (a) does not apply to a student attending a middle
college high school as described in Section 11300, or an early
college high school as described in Section 11302, if the student is
enrolled in a community college course that is required for the
student's middle college or early college high school program. 

   (b) 
    (c)  The governing board of a community college district
may restrict the admission or enrollment of a special part-time or
full-time student during any session based on any of the following
criteria:
   (1) Age.
   (2) Completion of a specified grade level.
   (3) Demonstrated eligibility for instruction using assessment
methods and procedures established pursuant to Chapter 2 (commencing
with Section 78210) of Part 48 and regulations adopted by the Board
of Governors of the California Community Colleges. 
   (c) 
    (d)  (1) The Chancellor of the California Community
Colleges shall prepare and submit to the Department of Finance and
the Legislature, on or before March 1, 2004, and March 1 of each year
thereafter, a report on the amount of FTES claimed by each community
college district for special part-time and special full-time
students for the preceding academic year in each of the following
class categories:
   (A) Noncredit.
   (B) Nondegree-applicable.
   (C) Degree-applicable, excluding physical education.
   (D) Degree-applicable physical education.
   (2) The report prepared pursuant to paragraph (1) may include
information required to be reported pursuant to paragraph (4) of
subdivision (d) of Section 48800. 
   (d) 
    (e)  The Board of Governors of the California Community
Colleges shall adopt rules and regulations to implement this section.