BILL NUMBER: AB 542	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Wilk

                        FEBRUARY 23, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 542, as amended, 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, including that if the class is a physical education class,
no more than 10% of its enrollment may be comprised of special
part-time or full-time students. Existing law prohibits a community
college district from receiving state apportionments for special
part-time and full-time students enrolled in physical education
courses in excess of 5% of the community college district's total
reported full-time equivalent enrollment of special part-time and
full-time students.
   This bill would  ,   until January 1, 2021, 
provide that a student attending a middle college high school or
early college high school, who is enrolled in a community college
physical education course that is required for the student's middle
college or early college high school program, is not to be considered
as a special part-time or full-time student for purposes of the 10%
and 5% limits described above. 
   Existing law requires the Chancellor of the California Community
Colleges to prepare and submit to the Department of Finance and the
Legislature, on or before March 1 of each year, a report on the
amount of full-time equivalent students (FTES) claimed by each
community college district for special part-time and special
full-time students for the preceding academic year in specified class
categories.  
   This bill would, until January 1, 2021, additionally require that
report to include the amount of FTES claimed by each community
college district for students attending a middle college high school
or early college high school for the preceding academic year in
degree-applicable physical education courses. 
   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 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 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) A student attending a middle college high school as described
in Section 11300, or an early college high school as described in
Section 11302, who is enrolled in a community college physical
education course that is required for the student's middle college or
early college high school program, shall not be considered a special
part-time or full-time student for purposes of paragraph (4) of
subdivision (a).
   (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.
   (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  both of the following:   the 
    (A)     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) 
    (i)  Noncredit. 
   (B) 
    (ii)  Nondegree-applicable. 
   (C) 
    (iii)  Degree-applicable, excluding physical education.

   (D) 
    (iv)  Degree-applicable physical education. 
   (B) The amount of FTES claimed by each community college district
for students attending a middle college high school as described in
Section 11300, or an early college high school as described in 11302
for the preceding academic year in degree-applicable physical
education courses. 
   (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. 
   (3) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795 of
the Government Code. 
   (e) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section. 
   (f) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date. 
   SEC. 4.    Section 76002 is added to the  
Education Code   , to read:  
   76002.  (a) For 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 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) 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) (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, 2021, 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.
   (3) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795 of
the Government Code.
   (d) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section.
   (e) This section shall become operative on January 1, 2021.