Bills

AB 2871: Public schools: College and Career Access Pathways partnerships.

Session Year: 2017-2018
House: Assembly
Latest Version Date: 2018-04-02

Version:

Existing law until January 1, 2022, authorizes 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. Existing law requires each partnership agreement to include a certification by the participating community college district that a community college course that is oversubscribed or has a waiting list will not be offered in the partnership.

This bill would specify that this certification requirement only applies to courses where the number of high school pupils seeking to enroll would displace regular community college students who are eligible to enroll. establish the Rural Dual Enrollment Teacher Qualifications Pilot Program. Commencing with the 201920 school year, the bill would authorize a high school district within Imperial County to allow a high school teacher of that district to teach a college course on the high school campus pursuant to a College and Career Access Pathways (CCAP) partnership if the teacher has met specified requirements. The bill would require any course taught by a qualified high school teacher under the bill to be evaluated and approved by the community college, and would only allow pupils enrolled through a CCAP partnership to enroll in these courses.

The bill would require a participating high school district to annually report specified data to the Legislative Analysts Office, commencing at the close of the 201920 school year. The bill would also require the Legislative Analysts Office, on or before January 1, 2024, to submit a report to the Legislature that includes a recommendation as to whether the pilot program should be continued. These provisions would become inoperative on January 1, 2025.

This bill would make legislative findings and declarations as to the necessity of a special statute for Imperial Valley College and nearby high schools.

Version:

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(a)Research shows that dual enrollment programs can help improve college-going rates, particularly for unduplicated pupils.

(b)While the state recognizes dual enrollment as an indicator of college and career readiness, awareness of and access to these programs continue to be extremely limited.

(c)College and Career Access Pathways (CCAP) partnerships allow a district to partner with a local community college to expand dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education.

(d)For those areas of the state that have limited access to community colleges, such as Imperial County, which is served by a single community college, offering courses through a CCAP can be difficult.

(e)All the high school districts in Imperial County have entered into CCAP partnerships with Imperial Valley College but have run into obstacles trying to offer college courses on their high school campuses.

(f)These obstacles include limited staffing at the local community college, inability to reconcile professor availability and high school course schedule, and the distance between the community college campus and the high school campuses.

(g)Under a CCAP, a qualified high school teacher may teach a course offered for college credit at a high school campus if doing so would not displace an existing community college faculty member teaching the same course at the partnering community college campus.

(h)To be considered minimally qualified to teach a community college course typically requires a masters degree in the given subject matter, but many high school teachers do not have masters degrees in specific areas.

(i)To expand access to dual enrollment opportunities through CCAPs and ensure all students have equal access to dual enrollment courses, the state should explore ways to increase the availability of dual enrollment opportunities at the high school campus for those local education agencies that are served by no more than one community college.

SEC. 2.Article 1.7 (commencing with Section 78025) is added to Chapter 1 of Part 48 of Division 7 of Title 3 of the Education Code, to read:1.7.Rural Dual Enrollment Teacher Qualifications Pilot Program78025.

(a)This article shall be known, and may be cited, as the Rural Dual Enrollment Teacher Qualifications Pilot Program.

(b)For purposes of this article, the following terms have the following meanings:

(1)CCAP means a College and Career Access Pathways partnership within the meaning of Section 76004.

(2)Community college means the Imperial Valley College.

(3)County means Imperial County.

(4)Department means the State Department of Education.

(5)LEA means a high school district.

(6)Pilot program means the Imperial Dual Enrollment Teacher Qualifications Pilot Program.

(7)Qualified means qualified to teach a college course on a high school campus for purposes of a CCAP agreement.

78026.

(a)There is hereby established the Rural Dual Enrollment Teacher Qualifications Pilot Program.

(b)Commencing with the 201920 school year, a high school district within the county and the community college may agree to allow a high school teacher of the district, who does not already have a masters degree in his or her subject area, to teach a college course on the high school campus pursuant to a CCAP agreement if the teacher has been deemed qualified pursuant to subdivision (c).

(c)For a high school teacher to be deemed qualified to teach a college course on his or her high school campus for purposes of a CCAP, he or she shall meet one of the following requirements:

(1)The teacher meets all of the following qualification criteria:

(A)Possesses a full and clear teaching credential in the required subject matter.

(B)Has at least five years of experience teaching the required subject matter, two of which were spent teaching Advance Placement, International Baccalaureate, or other honors-level coursework.

(C)Demonstrated success teaching Advanced Placement, International Baccalaureate, or other honors-level coursework.

(D)Meets additional criteria as agreed upon by the community college and high school district.

(2)Alternatively, the teacher participates in and completes an accelerated pathway, operated by the Imperial County Office of Education in collaboration with the Imperial Valley College, which shall include, but shall not necessarily be limited to, a mentorship between the teacher and community college faculty.

(d)A high school teacher deemed qualified pursuant to subdivision (c) shall only be allowed to teach a course on a high school campus under a CCAP agreement if the high school district first notifies the community college of the need for faculty and the community college is unable to meet that need. This requirement shall be deemed met, and a qualified high school teacher shall be allowed to teach, if the community college does not respond to the districts notice within two weeks of the date of the notice.

(e)Any course taught by a qualified high school teacher pursuant to this section shall be evaluated and approved by the community college.

(f)Only pupils enrolled through a CCAP shall be allowed to enroll in courses taught by a qualified high school teacher pursuant to this section.

(g)Any agreement between a high school district and the community college pursuant to this section shall be included in the district and colleges CCAP agreement.

(h)For purposes of allowances and apportionments from Section B of the State School Fund, credit for the units of full-time equivalent students attributable to the attendance of eligible high school pupils in a course taught by a qualified high school teacher pursuant to this section shall be locally agreed to between the school district and the community college.

78027.

(a)At the close of each school year, commencing with the 201920 school year, each participating LEA shall report to the Legislative Analysts Office all of the following information:

(1)The total number of teachers who participated in the accelerated pathway.

(2)The total number of high school pupils enrolled in a CCAP partnership, disaggregated by gender and ethnicity, taking community college courses on a high school campus.

(3)The total number of community college courses, by course category and type and by schoolsite, taught by a high school teacher on a high school campus.

(4)The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants enrolled in courses taught by a high school teacher on a high school campus.

(b)Information provided pursuant to this section shall comply with the Family Education Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. 99).

(c)On or before January 1, 2024, the Legislative Analysts Office shall submit a report to the Legislature that evaluates the demand for these alternative means of qualification and the effectiveness of the pilot program in increasing dual enrollment opportunities in the county. The Legislative Analysts Office shall include in that report a recommendation as to whether the pilot program should be continued.

78028.

This article shall become inoperative on January 1, 2025.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of Imperial Valley College and nearby high schools.

SECTION 1.Section 76004 of the Education Code is amended 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; 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 pupils 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 include a certification by the participating community college district of all 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)(A)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(B)This paragraph only applies to a course where the number of high school pupils seeking to enroll would displace regular community college students who are eligible to enroll.(3)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 course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school 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 students 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 degree or a certificate or credential.(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 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, 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 schoolsite 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)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, 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.

The people of the State of California do enact as follows:SECTION 1.Section 76004 of the Education Code is amended 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; 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 pupils 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 include a certification by the participating community college district of all 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)(A)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.

(B)This paragraph only applies to a course where the number of high school pupils seeking to enroll would displace regular community college students who are eligible to enroll.

(3)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 course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school 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 students 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 degree or a certificate or credential.

(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 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, 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 schoolsite 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)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, 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.

(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.

Date	Status
Apr 17, 2018	In committee: Set, first hearing. Hearing canceled at the request of author.
Apr 3, 2018	Re-referred to Com. on HIGHER ED.
Apr 2, 2018	From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.
Mar 8, 2018	Referred to Coms. on HIGHER ED. and ED.
Feb 17, 2018	From printer. May be heard in committee March 19.
Feb 16, 2018	Read first time. To print.

Authors shown for version:
Amended Assembly (4/2/2018)