BILL NUMBER: AB 288 AMENDED
BILL TEXT
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 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.
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, 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 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 scope, nature, time, location, and listing of
community college courses to be 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,
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.
(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.
(e)
(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.
(f)
( 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.
(g)
( 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.
(h)
( 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.
(i)
( 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.
(j)
( k) The CCAP partnership agreement shall
certify that 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.
(k)
( 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.
(l)
( n) The CCAP partnership agreement shall
certify that remedial courses 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.
(m)
( 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 (n) (p) shall be credited
with those units of full-time equivalent students attributable to the
attendance of eligible high school pupils.
(n)
( 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.
(o)
( 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, exempt
special part-time students described in subdivision (n)
(p) from the fee requirements in Sections
76060.5, 76140, 76223, 76300, 76350, and 79121.
(p)
( 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.
(q)
( 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.
(r)
( 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:
(1)
( A) The total number of high school pupils
by schoolsite enrolled in each CCAP partnership.
partnership, by gender and ethnicity.
(2)
( B) The total number of community college
courses by course category and type and by school site enrolled in by
CCAP partnership participants.
(3)
( C) The total number and percentage of
successful course completions, by course category and type and by
schoolsite, of CCAP partnership participants.
(4)
( D) The total number of full-time
equivalent students generated by CCAP partnership community college
district participants.
(2) The report shall include an evaluation of the CCAP
partnerships and, based upon the data collected pursuant to this
section, shall include recommendations for program improvements,
including, but not necessarily limited to, the need for additional
student assistance or academic resources to ensure the overall
success of the CCAP partnerships.
(s) Notwithstanding Section 10231.5 of the Government Code, the
(u) The annual report required by
this 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.