| 1 | | - | Assembly Bill No. 2973 CHAPTER 465 An act to amend Sections 66010.4, 66746, 68075.7, 76004, 76300, 78220, 78222, 78261, 84757, 84916, 88920, 89005.5, and 89030.5 of the Education Code, relating to postsecondary education. [ Approved by Governor September 22, 2022. Filed with Secretary of State September 22, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2973, Committee on Higher Education. Postsecondary education: omnibus bill.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state.Existing law sets forth the missions and functions of Californias public and independent segments of higher education, and details the ways in which their respective institutions are to be differentiated. Existing law specifies that community colleges shall only offer instruction through, but not beyond, the 2nd year of college, and includes in the mission of the community colleges, among other things, the provision of remedial instruction for those in need of it.This bill would revise the mission of the community colleges to instead include the provision of instruction and additional learning supports to close learning gaps for those in need of it, and would additionally include the provision of student support services to facilitate academic success and achievement. The bill would also change the term remedial to pretransfer and the term basic skills to foundational skills and would make nonsubstantive and conforming changes to these and other provisions.Effective for academic terms beginning on or after August 1, 2021, existing law exempts a student enrolled at a campus of the California Community Colleges or the California State University from paying nonresident tuition or any other fee that exclusively applies to nonresident students if the student resides in California, meets the definition of covered individual under federal law, and is eligible for education benefits under 3 specified categories of beneficiaries under the federal GI Bill, as the federal law read on January 5, 2021.This bill would additionally include the Survivors and Dependents Educational Assistance program in the list of specified categories of beneficiaries under the federal GI Bill.To the extent these provisions would create new duties for community college districts, the bill would impose a state-mandated local program. Existing law provides that the name California State University and the names of various campuses of the California State University, and abbreviations of those names, are the property of the state, and prohibits the use of any of these names without the permission of the trustees. Under existing law, a violation of this provision is punishable as a misdemeanor.This bill would additionally include California State Polytechnic University, Humboldt in the list of names of various campuses of the California State University that are the property of the state. By expanding the scope of a crime, the bill would create a state-mandated local program.Existing law requires the Trustees of the California State University to ensure that a change in the criteria for admission to a campus of the university complies with specified community notice and consultation requirements. Existing law requires that these community notice and consultation requirements apply to determinations regarding impaction of majors.This bill would provide that a change in the criteria for admission that requires community notice and consultation includes determinations regarding establishing or modifying admission criteria for impacted majors. The bill would authorize a decision to discontinue additional admission criteria for an impacted program or campus to be implemented without following the community notice and consultation requirements, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.This bill would incorporate additional changes to Section 76004 of the Education Code proposed by AB 102 to be operative only if this bill and AB 102 are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 84757 of the Education Code proposed by AB 1187 to be operative only if this bill and AB 1187 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66010.4 of the Education Code is amended to read:66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions.SEC. 2. Section 66746 of the Education Code is amended to read:66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a).SEC. 3. Section 68075.7 of the Education Code is amended to read:68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.SEC. 4. 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 4.5. Section 76004 of the Education Code is amended to read:76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.SEC. 5. Section 76300 of the Education Code is amended to read:76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section.SEC. 6. Section 78220 of the Education Code is amended to read:78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study.SEC. 7. Section 78222 of the Education Code is amended to read:78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program.SEC. 8. Section 78261 of the Education Code is amended to read:78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students.SEC. 9. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given.SEC. 9.5. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given.SEC. 10. Section 84916 of the Education Code is amended to read:84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs.SEC. 11. Section 88920 of the Education Code is amended to read:88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time.SEC. 12. Section 89005.5 of the Education Code is amended to read:89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor.SEC. 13. Section 89030.5 of the Education Code is amended to read:89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative.SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative.SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1 | + | Enrolled August 29, 2022 Passed IN Senate August 25, 2022 Passed IN Assembly August 25, 2022 Amended IN Senate August 18, 2022 Amended IN Senate August 15, 2022 Amended IN Senate June 08, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2973Introduced by Committee on Higher EducationMarch 21, 2022 An act to amend Sections 66010.4, 66746, 68075.7, 76004, 76300, 78220, 78222, 78261, 84757, 84916, 88920, 89005.5, and 89030.5 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 2973, Committee on Higher Education. Postsecondary education: omnibus bill.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state.Existing law sets forth the missions and functions of Californias public and independent segments of higher education, and details the ways in which their respective institutions are to be differentiated. Existing law specifies that community colleges shall only offer instruction through, but not beyond, the 2nd year of college, and includes in the mission of the community colleges, among other things, the provision of remedial instruction for those in need of it.This bill would revise the mission of the community colleges to instead include the provision of instruction and additional learning supports to close learning gaps for those in need of it, and would additionally include the provision of student support services to facilitate academic success and achievement. The bill would also change the term remedial to pretransfer and the term basic skills to foundational skills and would make nonsubstantive and conforming changes to these and other provisions.Effective for academic terms beginning on or after August 1, 2021, existing law exempts a student enrolled at a campus of the California Community Colleges or the California State University from paying nonresident tuition or any other fee that exclusively applies to nonresident students if the student resides in California, meets the definition of covered individual under federal law, and is eligible for education benefits under 3 specified categories of beneficiaries under the federal GI Bill, as the federal law read on January 5, 2021.This bill would additionally include the Survivors and Dependents Educational Assistance program in the list of specified categories of beneficiaries under the federal GI Bill.To the extent these provisions would create new duties for community college districts, the bill would impose a state-mandated local program. Existing law provides that the name California State University and the names of various campuses of the California State University, and abbreviations of those names, are the property of the state, and prohibits the use of any of these names without the permission of the trustees. Under existing law, a violation of this provision is punishable as a misdemeanor.This bill would additionally include California State Polytechnic University, Humboldt in the list of names of various campuses of the California State University that are the property of the state. By expanding the scope of a crime, the bill would create a state-mandated local program.Existing law requires the Trustees of the California State University to ensure that a change in the criteria for admission to a campus of the university complies with specified community notice and consultation requirements. Existing law requires that these community notice and consultation requirements apply to determinations regarding impaction of majors.This bill would provide that a change in the criteria for admission that requires community notice and consultation includes determinations regarding establishing or modifying admission criteria for impacted majors. The bill would authorize a decision to discontinue additional admission criteria for an impacted program or campus to be implemented without following the community notice and consultation requirements, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.This bill would incorporate additional changes to Section 76004 of the Education Code proposed by AB 102 to be operative only if this bill and AB 102 are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 84757 of the Education Code proposed by AB 1187 to be operative only if this bill and AB 1187 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66010.4 of the Education Code is amended to read:66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions.SEC. 2. Section 66746 of the Education Code is amended to read:66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a).SEC. 3. Section 68075.7 of the Education Code is amended to read:68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.SEC. 4. 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 4.5. Section 76004 of the Education Code is amended to read:76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.SEC. 5. Section 76300 of the Education Code is amended to read:76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section.SEC. 6. Section 78220 of the Education Code is amended to read:78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study.SEC. 7. Section 78222 of the Education Code is amended to read:78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program.SEC. 8. Section 78261 of the Education Code is amended to read:78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students.SEC. 9. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given.SEC. 9.5. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given.SEC. 10. Section 84916 of the Education Code is amended to read:84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs.SEC. 11. Section 88920 of the Education Code is amended to read:88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time.SEC. 12. Section 89005.5 of the Education Code is amended to read:89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor.SEC. 13. Section 89030.5 of the Education Code is amended to read:89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative.SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative.SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 2973, Committee on Higher Education. Postsecondary education: omnibus bill. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state.Existing law sets forth the missions and functions of Californias public and independent segments of higher education, and details the ways in which their respective institutions are to be differentiated. Existing law specifies that community colleges shall only offer instruction through, but not beyond, the 2nd year of college, and includes in the mission of the community colleges, among other things, the provision of remedial instruction for those in need of it.This bill would revise the mission of the community colleges to instead include the provision of instruction and additional learning supports to close learning gaps for those in need of it, and would additionally include the provision of student support services to facilitate academic success and achievement. The bill would also change the term remedial to pretransfer and the term basic skills to foundational skills and would make nonsubstantive and conforming changes to these and other provisions.Effective for academic terms beginning on or after August 1, 2021, existing law exempts a student enrolled at a campus of the California Community Colleges or the California State University from paying nonresident tuition or any other fee that exclusively applies to nonresident students if the student resides in California, meets the definition of covered individual under federal law, and is eligible for education benefits under 3 specified categories of beneficiaries under the federal GI Bill, as the federal law read on January 5, 2021.This bill would additionally include the Survivors and Dependents Educational Assistance program in the list of specified categories of beneficiaries under the federal GI Bill.To the extent these provisions would create new duties for community college districts, the bill would impose a state-mandated local program. Existing law provides that the name California State University and the names of various campuses of the California State University, and abbreviations of those names, are the property of the state, and prohibits the use of any of these names without the permission of the trustees. Under existing law, a violation of this provision is punishable as a misdemeanor.This bill would additionally include California State Polytechnic University, Humboldt in the list of names of various campuses of the California State University that are the property of the state. By expanding the scope of a crime, the bill would create a state-mandated local program.Existing law requires the Trustees of the California State University to ensure that a change in the criteria for admission to a campus of the university complies with specified community notice and consultation requirements. Existing law requires that these community notice and consultation requirements apply to determinations regarding impaction of majors.This bill would provide that a change in the criteria for admission that requires community notice and consultation includes determinations regarding establishing or modifying admission criteria for impacted majors. The bill would authorize a decision to discontinue additional admission criteria for an impacted program or campus to be implemented without following the community notice and consultation requirements, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.This bill would incorporate additional changes to Section 76004 of the Education Code proposed by AB 102 to be operative only if this bill and AB 102 are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 84757 of the Education Code proposed by AB 1187 to be operative only if this bill and AB 1187 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state. |
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| 24 | 36 | | |
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| 25 | 37 | | Existing law sets forth the missions and functions of Californias public and independent segments of higher education, and details the ways in which their respective institutions are to be differentiated. Existing law specifies that community colleges shall only offer instruction through, but not beyond, the 2nd year of college, and includes in the mission of the community colleges, among other things, the provision of remedial instruction for those in need of it. |
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| 26 | 38 | | |
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| 27 | 39 | | This bill would revise the mission of the community colleges to instead include the provision of instruction and additional learning supports to close learning gaps for those in need of it, and would additionally include the provision of student support services to facilitate academic success and achievement. The bill would also change the term remedial to pretransfer and the term basic skills to foundational skills and would make nonsubstantive and conforming changes to these and other provisions. |
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| 28 | 40 | | |
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| 29 | 41 | | Effective for academic terms beginning on or after August 1, 2021, existing law exempts a student enrolled at a campus of the California Community Colleges or the California State University from paying nonresident tuition or any other fee that exclusively applies to nonresident students if the student resides in California, meets the definition of covered individual under federal law, and is eligible for education benefits under 3 specified categories of beneficiaries under the federal GI Bill, as the federal law read on January 5, 2021. |
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| 30 | 42 | | |
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| 31 | 43 | | This bill would additionally include the Survivors and Dependents Educational Assistance program in the list of specified categories of beneficiaries under the federal GI Bill. |
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| 32 | 44 | | |
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| 33 | 45 | | To the extent these provisions would create new duties for community college districts, the bill would impose a state-mandated local program. |
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| 34 | 46 | | |
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| 35 | 47 | | Existing law provides that the name California State University and the names of various campuses of the California State University, and abbreviations of those names, are the property of the state, and prohibits the use of any of these names without the permission of the trustees. Under existing law, a violation of this provision is punishable as a misdemeanor. |
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| 36 | 48 | | |
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| 37 | 49 | | This bill would additionally include California State Polytechnic University, Humboldt in the list of names of various campuses of the California State University that are the property of the state. By expanding the scope of a crime, the bill would create a state-mandated local program. |
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| 38 | 50 | | |
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| 39 | 51 | | Existing law requires the Trustees of the California State University to ensure that a change in the criteria for admission to a campus of the university complies with specified community notice and consultation requirements. Existing law requires that these community notice and consultation requirements apply to determinations regarding impaction of majors. |
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| 40 | 52 | | |
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| 41 | 53 | | This bill would provide that a change in the criteria for admission that requires community notice and consultation includes determinations regarding establishing or modifying admission criteria for impacted majors. The bill would authorize a decision to discontinue additional admission criteria for an impacted program or campus to be implemented without following the community notice and consultation requirements, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 42 | 54 | | |
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| 43 | 55 | | This bill would incorporate additional changes to Section 76004 of the Education Code proposed by AB 102 to be operative only if this bill and AB 102 are enacted and this bill is enacted last. |
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| 44 | 56 | | |
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| 45 | 57 | | This bill would incorporate additional changes to Section 84757 of the Education Code proposed by AB 1187 to be operative only if this bill and AB 1187 are enacted and this bill is enacted last. |
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| 46 | 58 | | |
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| 47 | 59 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 48 | 60 | | |
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| 49 | 61 | | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. |
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| 50 | 62 | | |
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| 51 | 63 | | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 52 | 64 | | |
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| 53 | 65 | | ## Digest Key |
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| 54 | 66 | | |
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| 55 | 67 | | ## Bill Text |
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| 56 | 68 | | |
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| 57 | 69 | | The people of the State of California do enact as follows:SECTION 1. Section 66010.4 of the Education Code is amended to read:66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions.SEC. 2. Section 66746 of the Education Code is amended to read:66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a).SEC. 3. Section 68075.7 of the Education Code is amended to read:68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.SEC. 4. 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 4.5. Section 76004 of the Education Code is amended to read:76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.SEC. 5. Section 76300 of the Education Code is amended to read:76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section.SEC. 6. Section 78220 of the Education Code is amended to read:78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study.SEC. 7. Section 78222 of the Education Code is amended to read:78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program.SEC. 8. Section 78261 of the Education Code is amended to read:78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students.SEC. 9. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given.SEC. 9.5. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given.SEC. 10. Section 84916 of the Education Code is amended to read:84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs.SEC. 11. Section 88920 of the Education Code is amended to read:88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time.SEC. 12. Section 89005.5 of the Education Code is amended to read:89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor.SEC. 13. Section 89030.5 of the Education Code is amended to read:89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative.SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative.SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 58 | 70 | | |
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| 59 | 71 | | The people of the State of California do enact as follows: |
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| 60 | 72 | | |
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| 61 | 73 | | ## The people of the State of California do enact as follows: |
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| 62 | 74 | | |
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| 63 | 75 | | SECTION 1. Section 66010.4 of the Education Code is amended to read:66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. |
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| 64 | 76 | | |
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| 65 | 77 | | SECTION 1. Section 66010.4 of the Education Code is amended to read: |
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| 66 | 78 | | |
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| 67 | 79 | | ### SECTION 1. |
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| 68 | 80 | | |
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| 69 | 81 | | 66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. |
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| 70 | 82 | | |
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| 71 | 83 | | 66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. |
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| 72 | 84 | | |
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| 73 | 85 | | 66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows:(a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree.(2) The community colleges mission shall include all of the following:(A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level.(B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges.(C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions.(D) The provision of student support services to facilitate academic success and achievement.(3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement.(4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission.(5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course.(b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree.(c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.(d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. |
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| 74 | 86 | | |
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| 75 | 87 | | |
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| 76 | 88 | | |
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| 77 | 89 | | 66010.4. The missions and functions of Californias public and independent segments, and their respective institutions of higher education, shall be differentiated as follows: |
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| 78 | 90 | | |
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| 79 | 91 | | (a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree. |
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| 80 | 92 | | |
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| 81 | 93 | | (2) The community colleges mission shall include all of the following: |
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| 82 | 94 | | |
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| 83 | 95 | | (A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level. |
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| 84 | 96 | | |
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| 85 | 97 | | (B) The provision of adult noncredit education curricula in areas defined as being in the states interest is an essential and important function of the community colleges. |
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| 86 | 98 | | |
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| 87 | 99 | | (C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institutions ability to meet its obligations in its primary missions. |
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| 88 | 100 | | |
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| 89 | 101 | | (D) The provision of student support services to facilitate academic success and achievement. |
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| 90 | 102 | | |
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| 91 | 103 | | (3) A primary mission of the California Community Colleges is to advance Californias economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement. |
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| 92 | 104 | | |
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| 93 | 105 | | (4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission. |
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| 94 | 106 | | |
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| 95 | 107 | | (5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course. |
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| 96 | 108 | | |
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| 97 | 109 | | (b) The California State University shall offer undergraduate and graduate instruction through the masters degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the masters degree. |
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| 98 | 110 | | |
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| 99 | 111 | | (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research. |
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| 100 | 112 | | |
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| 101 | 113 | | (d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. |
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| 102 | 114 | | |
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| 103 | 115 | | SEC. 2. Section 66746 of the Education Code is amended to read:66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). |
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| 104 | 116 | | |
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| 105 | 117 | | SEC. 2. Section 66746 of the Education Code is amended to read: |
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| 106 | 118 | | |
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| 107 | 119 | | ### SEC. 2. |
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| 108 | 120 | | |
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| 109 | 121 | | 66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). |
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| 110 | 122 | | |
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| 111 | 123 | | 66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). |
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| 112 | 124 | | |
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| 113 | 125 | | 66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements:(1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following:(A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements.(B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum.(2) Obtainment of a minimum grade point average of 2.0.(b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747.(B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year.(C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum.(D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis.(2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article.(c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section.(d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section.(e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). |
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| 114 | 126 | | |
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| 115 | 127 | | |
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| 116 | 128 | | |
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| 117 | 129 | | 66746. (a) Commencing with the fall term of the 201112 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements: |
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| 118 | 130 | | |
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| 119 | 131 | | (1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following: |
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| 120 | 132 | | |
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| 121 | 133 | | (A) The Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements. |
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| 122 | 134 | | |
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| 123 | 135 | | (B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum. |
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| 124 | 136 | | |
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| 125 | 137 | | (2) Obtainment of a minimum grade point average of 2.0. |
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| 126 | 138 | | |
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| 127 | 139 | | (b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747. |
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| 128 | 140 | | |
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| 129 | 141 | | (B) Before the commencement of the 201516 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 201314 academic year. |
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| 130 | 142 | | |
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| 131 | 143 | | (C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 201314 academic year within 18 months of the approval of the transfer model curriculum. |
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| 132 | 144 | | |
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| 133 | 145 | | (D) Before the commencement of the 201516 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 201617 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis. |
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| 134 | 146 | | |
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| 135 | 147 | | (2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the states 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIIIB of the California Constitution, any claim of reimbursement related to the implementation of this article. |
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| 136 | 148 | | |
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| 137 | 149 | | (c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section. |
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| 138 | 150 | | |
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| 139 | 151 | | (d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section. |
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| 140 | 152 | | |
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| 141 | 153 | | (e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). |
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| 142 | 154 | | |
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| 143 | 155 | | SEC. 3. Section 68075.7 of the Education Code is amended to read:68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. |
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| 144 | 156 | | |
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| 145 | 157 | | SEC. 3. Section 68075.7 of the Education Code is amended to read: |
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| 146 | 158 | | |
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| 147 | 159 | | ### SEC. 3. |
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| 148 | 160 | | |
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| 149 | 161 | | 68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. |
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| 150 | 162 | | |
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| 151 | 163 | | 68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. |
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| 152 | 164 | | |
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| 153 | 165 | | 68075.7. Notwithstanding any other law:(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:(1) The student resides in California.(2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.(3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. |
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| 154 | 166 | | |
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| 155 | 167 | | |
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| 156 | 168 | | |
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| 157 | 169 | | 68075.7. Notwithstanding any other law: |
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| 158 | 170 | | |
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| 159 | 171 | | (a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students: |
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| 160 | 172 | | |
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| 161 | 173 | | (1) The student resides in California. |
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| 162 | 174 | | |
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| 163 | 175 | | (2) The student meets the definition of covered individual, as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code. |
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| 164 | 176 | | |
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| 165 | 177 | | (3) The student is eligible for education benefits under the federal Montgomery GI BillActive Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors and Dependents Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022. |
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| 166 | 178 | | |
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| 167 | 179 | | (b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain covered individual status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, continuously enrolled means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system. |
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| 168 | 180 | | |
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| 169 | 181 | | (c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. |
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| 170 | 182 | | |
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| 171 | 183 | | SEC. 4. 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 172 | 184 | | |
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| 173 | 185 | | SEC. 4. Section 76004 of the Education Code is amended to read: |
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| 174 | 186 | | |
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| 175 | 187 | | ### SEC. 4. |
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| 176 | 188 | | |
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| 177 | 189 | | 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 178 | 190 | | |
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| 179 | 191 | | 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 180 | 192 | | |
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| 181 | 193 | | 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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(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) (1) 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.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 plan by the participating community college district to ensure 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 community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.(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 pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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) (1) 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.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.(z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 182 | 194 | | |
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| 183 | 195 | | |
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| 184 | 196 | | |
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| 185 | 197 | | 76004. Notwithstanding Section 76001 or any other law: |
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| 186 | 198 | | |
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| 187 | 199 | | (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 pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school, including continuation 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. |
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| 188 | 200 | | |
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| 189 | 201 | | (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 adopting a CCAP partnership agreement, the governing board of each district shall do both of the following: |
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| 190 | 202 | | |
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| 191 | 203 | | (1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each district shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership. |
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| 192 | 204 | | |
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| 193 | 205 | | (2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the district. |
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| 194 | 206 | | |
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| 195 | 207 | | (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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership. |
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| 196 | 208 | | |
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| 197 | 209 | | (2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner. |
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| 198 | 210 | | |
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| 199 | 211 | | (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. |
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| 200 | 212 | | |
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| 201 | 213 | | (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). |
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| 202 | 214 | | |
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| 203 | 215 | | (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. |
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| 204 | 216 | | |
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| 205 | 217 | | (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. |
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| 206 | 218 | | |
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| 207 | 219 | | (g) (1) 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. |
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| 208 | 220 | | |
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| 209 | 221 | | (2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college. |
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| 210 | 222 | | |
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| 211 | 223 | | (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. |
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| 212 | 224 | | |
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| 213 | 225 | | (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. |
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| 214 | 226 | | |
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| 215 | 227 | | (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. |
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| 216 | 228 | | |
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| 217 | 229 | | (k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure all of the following: |
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| 218 | 230 | | |
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| 219 | 231 | | (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. |
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| 220 | 232 | | |
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| 221 | 233 | | (2) A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership. |
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| 222 | 234 | | |
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| 223 | 235 | | (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. |
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| 224 | 236 | | |
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| 225 | 237 | | (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. |
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| 226 | 238 | | |
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| 227 | 239 | | (m) The CCAP partnership agreement shall specify both of the following: |
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| 228 | 240 | | |
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| 229 | 241 | | (1) Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. |
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| 230 | 242 | | |
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| 231 | 243 | | (2) Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. |
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| 232 | 244 | | |
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| 233 | 245 | | (n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils 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 pupils junior or senior year to ensure the pupil is prepared for college-level work upon graduation. |
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| 234 | 246 | | |
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| 235 | 247 | | (o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement. |
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| 236 | 248 | | |
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| 237 | 249 | | (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) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. |
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| 238 | 250 | | |
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| 239 | 251 | | (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: |
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| 240 | 252 | | |
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| 241 | 253 | | (1) The units constitute no more than four community college courses per term. |
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| 242 | 254 | | |
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| 243 | 255 | | (2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. |
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| 244 | 256 | | |
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| 245 | 257 | | (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. |
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| 246 | 258 | | |
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| 247 | 259 | | (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. |
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| 248 | 260 | | |
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| 249 | 261 | | (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. |
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| 250 | 262 | | |
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| 251 | 263 | | (s) (1) 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. |
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| 252 | 264 | | |
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| 253 | 265 | | (2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses. |
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| 254 | 266 | | |
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| 255 | 267 | | (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: |
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| 256 | 268 | | |
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| 257 | 269 | | (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. |
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| 258 | 270 | | |
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| 259 | 271 | | (B) The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants. |
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| 260 | 272 | | |
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| 261 | 273 | | (C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. |
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| 262 | 274 | | |
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| 263 | 275 | | (D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. |
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| 264 | 276 | | |
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| 265 | 277 | | (E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants. |
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| 266 | 278 | | |
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| 267 | 279 | | (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: |
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| 268 | 280 | | |
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| 269 | 281 | | (A) Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced. |
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| 270 | 282 | | |
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| 271 | 283 | | (B) Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships. |
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| 272 | 284 | | |
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| 273 | 285 | | (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. |
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| 274 | 286 | | |
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| 275 | 287 | | (4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement. |
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| 276 | 288 | | |
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| 277 | 289 | | (u) The annual report required by subdivision (t) shall also be transmitted to all of the following: |
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| 278 | 290 | | |
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| 279 | 291 | | (1) The Legislature, in compliance with Section 9795 of the Government Code. |
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| 280 | 292 | | |
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| 281 | 293 | | (2) The Director of Finance. |
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| 282 | 294 | | |
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| 283 | 295 | | (3) The Superintendent. |
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| 284 | 296 | | |
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| 285 | 297 | | (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. |
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| 286 | 298 | | |
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| 287 | 299 | | (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. |
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| 288 | 300 | | |
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| 289 | 301 | | (x) This section is not 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 a 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 this section. |
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| 290 | 302 | | |
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| 291 | 303 | | (y) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 292 | 304 | | |
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| 293 | 305 | | (z) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 294 | 306 | | |
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| 295 | 307 | | SEC. 4.5. Section 76004 of the Education Code is amended to read:76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 296 | 308 | | |
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| 297 | 309 | | SEC. 4.5. Section 76004 of the Education Code is amended to read: |
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| 298 | 310 | | |
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| 299 | 311 | | ### SEC. 4.5. |
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| 300 | 312 | | |
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| 301 | 313 | | 76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 302 | 314 | | |
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| 303 | 315 | | 76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 304 | 316 | | |
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| 305 | 317 | | 76004. Notwithstanding Section 76001 or any other law:(a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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.(2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.(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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership.(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education 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 or a county office of education 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) (1) 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 the middle college high school provisions in Section 76001.(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college.(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 convicted of 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 plan by the participating community college district to ensure 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 as described in 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 or county office of education 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 partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil 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 pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday 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) 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 or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.(s) (1) 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 or county office of education has received reimbursement for the same instructional activity.(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education 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.(E) The total number of full-time equivalent students served online 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.(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement.(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) This section is not 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 a 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 this section.(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 306 | 318 | | |
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| 307 | 319 | | |
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| 308 | 320 | | |
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| 309 | 321 | | 76004. Notwithstanding Section 76001 or any other law: |
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| 310 | 322 | | |
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| 311 | 323 | | (a) (1) 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 or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils 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. |
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| 312 | 324 | | |
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| 313 | 325 | | (2) As used in this section, high school includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates. |
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| 314 | 326 | | |
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| 315 | 327 | | (b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following: |
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| 316 | 328 | | |
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| 317 | 329 | | (1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership. |
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| 318 | 330 | | |
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| 319 | 331 | | (2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner. |
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| 320 | 332 | | |
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| 321 | 333 | | (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 pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; 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. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupils participation in the CCAP partnership. |
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| 322 | 334 | | |
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| 323 | 335 | | (2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education partner. |
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| 324 | 336 | | |
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| 325 | 337 | | (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. |
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| 326 | 338 | | |
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| 327 | 339 | | (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). |
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| 328 | 340 | | |
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| 329 | 341 | | (e) A community college district shall not enter into a CCAP partnership with a school district or a county office of education 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. |
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| 330 | 342 | | |
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| 331 | 343 | | (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. |
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| 332 | 344 | | |
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| 333 | 345 | | (g) (1) 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 the middle college high school provisions in Section 76001. |
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| 334 | 346 | | |
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| 335 | 347 | | (2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupils registration priority for enrollment and course registration at a community college. |
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| 336 | 348 | | |
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| 337 | 349 | | (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 convicted of any controlled substance offense as defined in Section 87011. |
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| 338 | 350 | | |
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| 339 | 351 | | (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. |
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| 340 | 352 | | |
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| 341 | 353 | | (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. |
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| 342 | 354 | | |
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| 343 | 355 | | (k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following: |
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| 344 | 356 | | |
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| 345 | 357 | | (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. |
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| 346 | 358 | | |
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| 347 | 359 | | (2) Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in 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. |
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| 348 | 360 | | |
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| 349 | 361 | | (l) The CCAP partnership agreement shall certify that both the school district or county office of education 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. |
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| 350 | 362 | | |
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| 351 | 363 | | (m) The CCAP partnership agreement shall specify both of the following: |
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| 352 | 364 | | |
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| 353 | 365 | | (1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. |
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| 354 | 366 | | |
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| 355 | 367 | | (2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. |
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| 356 | 368 | | |
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| 357 | 369 | | (n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupils junior or senior year to ensure that the pupil is prepared for college-level work upon graduation. |
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| 358 | 370 | | |
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| 359 | 371 | | (o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement. |
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| 360 | 372 | | |
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| 361 | 373 | | (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) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. |
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| 362 | 374 | | |
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| 363 | 375 | | (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: |
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| 364 | 376 | | |
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| 365 | 377 | | (1) The units constitute no more than four community college courses per term. |
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| 366 | 378 | | |
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| 367 | 379 | | (2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. |
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| 368 | 380 | | |
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| 369 | 381 | | (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. |
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| 370 | 382 | | |
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| 371 | 383 | | (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. |
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| 372 | 384 | | |
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| 373 | 385 | | (r) A district or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment. |
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| 374 | 386 | | |
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| 375 | 387 | | (s) (1) 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 or county office of education has received reimbursement for the same instructional activity. |
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| 376 | 388 | | |
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| 377 | 389 | | (2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses. |
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| 378 | 390 | | |
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| 379 | 391 | | (t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges all of the following information: |
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| 380 | 392 | | |
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| 381 | 393 | | (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. |
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| 382 | 394 | | |
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| 383 | 395 | | (B) The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants. |
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| 384 | 396 | | |
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| 385 | 397 | | (C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. |
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| 386 | 398 | | |
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| 387 | 399 | | (D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. |
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| 388 | 400 | | |
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| 389 | 401 | | (E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants. |
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| 390 | 402 | | |
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| 391 | 403 | | (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: |
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| 392 | 404 | | |
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| 393 | 405 | | (A) Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced. |
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| 394 | 406 | | |
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| 395 | 407 | | (B) Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships. |
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| 396 | 408 | | |
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| 397 | 409 | | (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. |
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| 398 | 410 | | |
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| 399 | 411 | | (4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupils attendance at a community college as a special part-time student participating in a CCAP partnership agreement. |
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| 400 | 412 | | |
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| 401 | 413 | | (u) The annual report required by subdivision (t) shall also be transmitted to all of the following: |
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| 402 | 414 | | |
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| 403 | 415 | | (1) The Legislature, in compliance with Section 9795 of the Government Code. |
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| 404 | 416 | | |
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| 405 | 417 | | (2) The Director of Finance. |
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| 406 | 418 | | |
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| 407 | 419 | | (3) The Superintendent. |
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| 408 | 420 | | |
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| 409 | 421 | | (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. |
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| 410 | 422 | | |
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| 411 | 423 | | (w) This section is not 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 a 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 this section. |
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| 412 | 424 | | |
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| 413 | 425 | | (x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. |
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| 414 | 426 | | |
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| 415 | 427 | | SEC. 5. Section 76300 of the Education Code is amended to read:76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section. |
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| 416 | 428 | | |
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| 417 | 429 | | SEC. 5. Section 76300 of the Education Code is amended to read: |
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| 418 | 430 | | |
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| 419 | 431 | | ### SEC. 5. |
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| 420 | 432 | | |
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| 421 | 433 | | 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section. |
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| 422 | 434 | | |
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| 423 | 435 | | 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section. |
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| 424 | 436 | | |
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| 425 | 437 | | 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section.(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.(e) The fee requirement does not apply to any of the following:(1) Students enrolled in the noncredit courses designated by Section 84757.(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).(B) Meets one of the following criteria:(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student.(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college.(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:(1) The dependent was a resident of California on September 11, 2001.(2) The individual killed in the attacks was a resident of California on September 11, 2001.(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.(l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.(o) The board of governors shall adopt regulations implementing this section. |
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| 426 | 438 | | |
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| 427 | 439 | | |
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| 428 | 440 | | |
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| 429 | 441 | | 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section. |
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| 430 | 442 | | |
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| 431 | 443 | | (b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year. |
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| 432 | 444 | | |
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| 433 | 445 | | (2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar. |
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| 434 | 446 | | |
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| 435 | 447 | | (c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section. |
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| 436 | 448 | | |
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| 437 | 449 | | (d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section. |
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| 438 | 450 | | |
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| 439 | 451 | | (e) The fee requirement does not apply to any of the following: |
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| 440 | 452 | | |
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| 441 | 453 | | (1) Students enrolled in the noncredit courses designated by Section 84757. |
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| 442 | 454 | | |
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| 443 | 455 | | (2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California. |
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| 444 | 456 | | |
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| 445 | 457 | | (3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district. |
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| 446 | 458 | | |
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| 447 | 459 | | (f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement. |
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| 448 | 460 | | |
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| 449 | 461 | | (g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements: |
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| 450 | 462 | | |
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| 451 | 463 | | (A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B). |
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| 452 | 464 | | |
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| 453 | 465 | | (B) Meets one of the following criteria: |
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| 454 | 466 | | |
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| 455 | 467 | | (i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program. |
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| 456 | 468 | | |
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| 457 | 469 | | (ii) Demonstrates eligibility according to income standards established by regulations of the board of governors. |
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| 458 | 470 | | |
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| 459 | 471 | | (iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. |
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| 460 | 472 | | |
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| 461 | 473 | | (iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9. |
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| 462 | 474 | | |
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| 463 | 475 | | (2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1): |
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| 464 | 476 | | |
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| 465 | 477 | | (i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education. |
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| 466 | 478 | | |
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| 467 | 479 | | (ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the students control, such as reductions in student support services or changes to the economic situation of the student. |
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| 468 | 480 | | |
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| 469 | 481 | | (iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the students enrollment at a community college. |
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| 470 | 482 | | |
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| 471 | 483 | | (B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources. |
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| 472 | 484 | | |
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| 473 | 485 | | (3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1). |
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| 474 | 486 | | |
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| 475 | 487 | | (4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the students fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following: |
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| 476 | 488 | | |
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| 477 | 489 | | (A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility. |
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| 478 | 490 | | |
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| 479 | 491 | | (B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect. |
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| 480 | 492 | | |
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| 481 | 493 | | (C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms. |
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| 482 | 494 | | |
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| 483 | 495 | | (5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following: |
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| 484 | 496 | | |
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| 485 | 497 | | (A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied. |
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| 486 | 498 | | |
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| 487 | 499 | | (B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status. |
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| 488 | 500 | | |
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| 489 | 501 | | (C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2). |
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| 490 | 502 | | |
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| 491 | 503 | | (h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code. |
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| 492 | 504 | | |
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| 493 | 505 | | (i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3. |
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| 494 | 506 | | |
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| 495 | 507 | | (j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies: |
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| 496 | 508 | | |
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| 497 | 509 | | (1) The dependent was a resident of California on September 11, 2001. |
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| 498 | 510 | | |
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| 499 | 511 | | (2) The individual killed in the attacks was a resident of California on September 11, 2001. |
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| 500 | 512 | | |
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| 501 | 513 | | (k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition. |
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| 502 | 514 | | |
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| 503 | 515 | | (l) (1) Dependent, for purposes of subdivision (j), is a person who, because of the persons relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42). |
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| 504 | 516 | | |
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| 505 | 517 | | (2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013. |
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| 506 | 518 | | |
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| 507 | 519 | | (3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age. |
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| 508 | 520 | | |
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| 509 | 521 | | (4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013. |
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| 510 | 522 | | |
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| 511 | 523 | | (m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive. |
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| 512 | 524 | | |
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| 513 | 525 | | (2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year. |
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| 514 | 526 | | |
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| 515 | 527 | | (n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic. |
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| 516 | 528 | | |
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| 517 | 529 | | (2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities. |
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| 518 | 530 | | |
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| 519 | 531 | | (o) The board of governors shall adopt regulations implementing this section. |
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| 520 | 532 | | |
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| 521 | 533 | | SEC. 6. Section 78220 of the Education Code is amended to read:78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study. |
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| 522 | 534 | | |
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| 523 | 535 | | SEC. 6. Section 78220 of the Education Code is amended to read: |
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| 524 | 536 | | |
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| 525 | 537 | | ### SEC. 6. |
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| 526 | 538 | | |
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| 527 | 539 | | 78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study. |
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| 528 | 540 | | |
|---|
| 529 | 541 | | 78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study. |
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| 530 | 542 | | |
|---|
| 531 | 543 | | 78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district:(1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221:(A) Current or former foster youth.(B) Students with disabilities.(C) Low-income students.(D) Veterans.(E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes:(i) American Indian or Alaska Native.(ii) Asian.(iii) Black or African American.(iv) Hispanic or Latino.(v) Native Hawaiian or other Pacific Islander.(vi) White.(vii) Some other race.(viii) More than one race.(F) Homeless students.(G) Lesbian, gay, bisexual, or transgender students.(H) Additional categories of students determined by the governing board of the community college district.(2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact.(3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals.(4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs:(A) Students with disabilities.(B) Extended Opportunity Programs and Services and Special Services.(C) Fund for Student Success.(D) Student Success and Support Program.(E) Programs for foster youth.(F) Programs for veterans.(G) Special Services for CalWORKs Recipients.(H) Student Financial Aid Administration.(I) Student Success for Basic Skills Students.(5) Sources of funds for the activities in the plan.(6) A schedule and process for evaluation.(7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals.(b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community.(c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate.(d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c).(e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students.(2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students.(3) For purposes of this subdivision, the following terms are defined as follows:(A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.(B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study. |
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| 532 | 544 | | |
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| 533 | 545 | | |
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| 534 | 546 | | |
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| 535 | 547 | | 78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district: |
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| 536 | 548 | | |
|---|
| 537 | 549 | | (1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221: |
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| 538 | 550 | | |
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| 539 | 551 | | (A) Current or former foster youth. |
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| 540 | 552 | | |
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| 541 | 553 | | (B) Students with disabilities. |
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| 542 | 554 | | |
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| 543 | 555 | | (C) Low-income students. |
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| 544 | 556 | | |
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| 545 | 557 | | (D) Veterans. |
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| 546 | 558 | | |
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| 547 | 559 | | (E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes: |
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| 548 | 560 | | |
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| 549 | 561 | | (i) American Indian or Alaska Native. |
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| 550 | 562 | | |
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| 551 | 563 | | (ii) Asian. |
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| 552 | 564 | | |
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| 553 | 565 | | (iii) Black or African American. |
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| 554 | 566 | | |
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| 555 | 567 | | (iv) Hispanic or Latino. |
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| 556 | 568 | | |
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| 557 | 569 | | (v) Native Hawaiian or other Pacific Islander. |
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| 558 | 570 | | |
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| 559 | 571 | | (vi) White. |
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| 560 | 572 | | |
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| 561 | 573 | | (vii) Some other race. |
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| 562 | 574 | | |
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| 563 | 575 | | (viii) More than one race. |
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| 564 | 576 | | |
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| 565 | 577 | | (F) Homeless students. |
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| 566 | 578 | | |
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| 567 | 579 | | (G) Lesbian, gay, bisexual, or transgender students. |
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| 568 | 580 | | |
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| 569 | 581 | | (H) Additional categories of students determined by the governing board of the community college district. |
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| 570 | 582 | | |
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| 571 | 583 | | (2) To the extent that student data described in paragraph (1) has been collected, the Office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact. |
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| 572 | 584 | | |
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| 573 | 585 | | (3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals. |
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| 574 | 586 | | |
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| 575 | 587 | | (4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not necessarily limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs: |
|---|
| 576 | 588 | | |
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| 577 | 589 | | (A) Students with disabilities. |
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| 578 | 590 | | |
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| 579 | 591 | | (B) Extended Opportunity Programs and Services and Special Services. |
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| 580 | 592 | | |
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| 581 | 593 | | (C) Fund for Student Success. |
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| 582 | 594 | | |
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| 583 | 595 | | (D) Student Success and Support Program. |
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| 584 | 596 | | |
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| 585 | 597 | | (E) Programs for foster youth. |
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| 586 | 598 | | |
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| 587 | 599 | | (F) Programs for veterans. |
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| 588 | 600 | | |
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| 589 | 601 | | (G) Special Services for CalWORKs Recipients. |
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| 590 | 602 | | |
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| 591 | 603 | | (H) Student Financial Aid Administration. |
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| 592 | 604 | | |
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| 593 | 605 | | (I) Student Success for Basic Skills Students. |
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| 594 | 606 | | |
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| 595 | 607 | | (5) Sources of funds for the activities in the plan. |
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| 596 | 608 | | |
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| 597 | 609 | | (6) A schedule and process for evaluation. |
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| 598 | 610 | | |
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| 599 | 611 | | (7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 201617 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals. |
|---|
| 600 | 612 | | |
|---|
| 601 | 613 | | (b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community. |
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| 602 | 614 | | |
|---|
| 603 | 615 | | (c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate. |
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| 604 | 616 | | |
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| 605 | 617 | | (d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c). |
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| 606 | 618 | | |
|---|
| 607 | 619 | | (e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the students ability to persist in the students course of study. These challenges include, but are not necessarily limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students. |
|---|
| 608 | 620 | | |
|---|
| 609 | 621 | | (2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institutions plan for interventions to students. |
|---|
| 610 | 622 | | |
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| 611 | 623 | | (3) For purposes of this subdivision, the following terms are defined as follows: |
|---|
| 612 | 624 | | |
|---|
| 613 | 625 | | (A) Eligible student means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the students course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a homeless individual within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute satisfactory academic progress at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements. |
|---|
| 614 | 626 | | |
|---|
| 615 | 627 | | (B) Emergency student financial assistance means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the students course of study. |
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| 616 | 628 | | |
|---|
| 617 | 629 | | SEC. 7. Section 78222 of the Education Code is amended to read:78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. |
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| 618 | 630 | | |
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| 619 | 631 | | SEC. 7. Section 78222 of the Education Code is amended to read: |
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| 620 | 632 | | |
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| 621 | 633 | | ### SEC. 7. |
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| 622 | 634 | | |
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| 623 | 635 | | 78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. |
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| 624 | 636 | | |
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| 625 | 637 | | 78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. |
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| 626 | 638 | | |
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| 627 | 639 | | 78222. (a) (1) The Student Equity and Achievement Program is hereby established.(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.(B) Ensuring students complete their educational goals and a defined course of study.(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.(3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213.(4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.(5) Provide support to, or establish, on-campus food pantries or regular food distributions.(6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year.(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year.(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program.(6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. |
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| 628 | 640 | | |
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| 629 | 641 | | |
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| 630 | 642 | | |
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| 631 | 643 | | 78222. (a) (1) The Student Equity and Achievement Program is hereby established. |
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| 632 | 644 | | |
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| 633 | 645 | | (2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following: |
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| 634 | 646 | | |
|---|
| 635 | 647 | | (A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program. |
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| 636 | 648 | | |
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| 637 | 649 | | (B) Ensuring students complete their educational goals and a defined course of study. |
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| 638 | 650 | | |
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| 639 | 651 | | (C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner. |
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| 640 | 652 | | |
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| 641 | 653 | | (b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following: |
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| 642 | 654 | | |
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| 643 | 655 | | (1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances. |
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| 644 | 656 | | |
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| 645 | 657 | | (2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the students educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph. |
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| 646 | 658 | | |
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| 647 | 659 | | (3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213. |
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| 648 | 660 | | |
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| 649 | 661 | | (4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph. |
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| 650 | 662 | | |
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| 651 | 663 | | (5) Provide support to, or establish, on-campus food pantries or regular food distributions. |
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| 652 | 664 | | |
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| 653 | 665 | | (6) Provide a report to the chancellors office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a). |
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| 654 | 666 | | |
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| 655 | 667 | | (c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 201718 fiscal year. |
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| 656 | 668 | | |
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| 657 | 669 | | (2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 201718 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 201718 fiscal year. |
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| 658 | 670 | | |
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| 659 | 671 | | (3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section. |
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| 660 | 672 | | |
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| 661 | 673 | | (4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221. |
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| 662 | 674 | | |
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| 663 | 675 | | (5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section. |
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| 664 | 676 | | |
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| 665 | 677 | | (B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 201718 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program. |
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| 666 | 678 | | |
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| 667 | 679 | | (6) By April 1 of each year, the chancellors office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. |
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| 668 | 680 | | |
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| 669 | 681 | | (d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program. |
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| 670 | 682 | | |
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| 671 | 683 | | (2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. |
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| 672 | 684 | | |
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| 673 | 685 | | SEC. 8. Section 78261 of the Education Code is amended to read:78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. |
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| 674 | 686 | | |
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| 675 | 687 | | SEC. 8. Section 78261 of the Education Code is amended to read: |
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| 676 | 688 | | |
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| 677 | 689 | | ### SEC. 8. |
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| 678 | 690 | | |
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| 679 | 691 | | 78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. |
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| 680 | 692 | | |
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| 681 | 693 | | 78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. |
|---|
| 682 | 694 | | |
|---|
| 683 | 695 | | 78261. (a) The Legislature finds and declares both of the following:(1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs.(2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels.(b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions:(1) The nursing program has low or moderate program attrition levels.(2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students.(c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year.(2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study.(d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following:(1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding.(2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article.(e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following:(1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs.(2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool.(3) Define the kinds of educational and support services that qualify for funding under this program.(f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following:(1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs.(2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools.(3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools.(4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program.(5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process.(g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office:(1) The number of students enrolled in the nursing program.(2) The number of students taking diagnostic assessments.(3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools.(4) The number of students failing to meet proficiency levels that undertake preentry preparation classes.(5) The number of students who successfully complete preentry preparation coursework.(6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment.(7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment.(8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX).(h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home.(2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year.(i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. |
|---|
| 684 | 696 | | |
|---|
| 685 | 697 | | |
|---|
| 686 | 698 | | |
|---|
| 687 | 699 | | 78261. (a) The Legislature finds and declares both of the following: |
|---|
| 688 | 700 | | |
|---|
| 689 | 701 | | (1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs. |
|---|
| 690 | 702 | | |
|---|
| 691 | 703 | | (2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels. |
|---|
| 692 | 704 | | |
|---|
| 693 | 705 | | (b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the Office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions: |
|---|
| 694 | 706 | | |
|---|
| 695 | 707 | | (1) The nursing program has low or moderate program attrition levels. |
|---|
| 696 | 708 | | |
|---|
| 697 | 709 | | (2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students. |
|---|
| 698 | 710 | | |
|---|
| 699 | 711 | | (c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 200607 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 200607 fiscal year. |
|---|
| 700 | 712 | | |
|---|
| 701 | 713 | | (2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, program development includes, but is not necessarily limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and masters entry programs in nursing (MEPN) courses of study. |
|---|
| 702 | 714 | | |
|---|
| 703 | 715 | | (d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for the following purposes: expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not necessarily limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following: |
|---|
| 704 | 716 | | |
|---|
| 705 | 717 | | (1) Have a program attrition rate, as determined by the Board of Registered Nursings Annual School Report or the Information Program Data System of the Chancellors Office of the California Community Colleges, of 15 percent or less for the year before application for funding. |
|---|
| 706 | 718 | | |
|---|
| 707 | 719 | | (2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article. |
|---|
| 708 | 720 | | |
|---|
| 709 | 721 | | (e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellors office shall do all of the following: |
|---|
| 710 | 722 | | |
|---|
| 711 | 723 | | (1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs. |
|---|
| 712 | 724 | | |
|---|
| 713 | 725 | | (2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool. |
|---|
| 714 | 726 | | |
|---|
| 715 | 727 | | (3) Define the kinds of educational and support services that qualify for funding under this program. |
|---|
| 716 | 728 | | |
|---|
| 717 | 729 | | (f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following: |
|---|
| 718 | 730 | | |
|---|
| 719 | 731 | | (1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs. |
|---|
| 720 | 732 | | |
|---|
| 721 | 733 | | (2) Offer, or identify, educational preentry coursework, including, but not necessarily limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools. |
|---|
| 722 | 734 | | |
|---|
| 723 | 735 | | (3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools. |
|---|
| 724 | 736 | | |
|---|
| 725 | 737 | | (4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program. |
|---|
| 726 | 738 | | |
|---|
| 727 | 739 | | (5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process. |
|---|
| 728 | 740 | | |
|---|
| 729 | 741 | | (g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient district shall report to the chancellors office the following data for the academic year on or before a date determined by the chancellors office: |
|---|
| 730 | 742 | | |
|---|
| 731 | 743 | | (1) The number of students enrolled in the nursing program. |
|---|
| 732 | 744 | | |
|---|
| 733 | 745 | | (2) The number of students taking diagnostic assessments. |
|---|
| 734 | 746 | | |
|---|
| 735 | 747 | | (3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools. |
|---|
| 736 | 748 | | |
|---|
| 737 | 749 | | (4) The number of students failing to meet proficiency levels that undertake preentry preparation classes. |
|---|
| 738 | 750 | | |
|---|
| 739 | 751 | | (5) The number of students who successfully complete preentry preparation coursework. |
|---|
| 740 | 752 | | |
|---|
| 741 | 753 | | (6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment. |
|---|
| 742 | 754 | | |
|---|
| 743 | 755 | | (7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment. |
|---|
| 744 | 756 | | |
|---|
| 745 | 757 | | (8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX). |
|---|
| 746 | 758 | | |
|---|
| 747 | 759 | | (h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home. |
|---|
| 748 | 760 | | |
|---|
| 749 | 761 | | (2) The chancellors office shall compile and provide this information to the Legislature and the Governor by July 1 of each year. |
|---|
| 750 | 762 | | |
|---|
| 751 | 763 | | (i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 200910 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 201011 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. |
|---|
| 752 | 764 | | |
|---|
| 753 | 765 | | SEC. 9. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 754 | 766 | | |
|---|
| 755 | 767 | | SEC. 9. Section 84757 of the Education Code is amended to read: |
|---|
| 756 | 768 | | |
|---|
| 757 | 769 | | ### SEC. 9. |
|---|
| 758 | 770 | | |
|---|
| 759 | 771 | | 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 760 | 772 | | |
|---|
| 761 | 773 | | 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 762 | 774 | | |
|---|
| 763 | 775 | | 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 764 | 776 | | |
|---|
| 765 | 777 | | |
|---|
| 766 | 778 | | |
|---|
| 767 | 779 | | 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding: |
|---|
| 768 | 780 | | |
|---|
| 769 | 781 | | (1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships. |
|---|
| 770 | 782 | | |
|---|
| 771 | 783 | | (2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts. |
|---|
| 772 | 784 | | |
|---|
| 773 | 785 | | (3) English as a second language. |
|---|
| 774 | 786 | | |
|---|
| 775 | 787 | | (4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. |
|---|
| 776 | 788 | | |
|---|
| 777 | 789 | | (5) Education programs for persons with substantial disabilities. |
|---|
| 778 | 790 | | |
|---|
| 779 | 791 | | (6) Short-term vocational programs with high employment potential. |
|---|
| 780 | 792 | | |
|---|
| 781 | 793 | | (7) Education programs for older adults. |
|---|
| 782 | 794 | | |
|---|
| 783 | 795 | | (8) Education programs for home economics. |
|---|
| 784 | 796 | | |
|---|
| 785 | 797 | | (9) Health and safety education. |
|---|
| 786 | 798 | | |
|---|
| 787 | 799 | | (b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 788 | 800 | | |
|---|
| 789 | 801 | | SEC. 9.5. Section 84757 of the Education Code is amended to read:84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 790 | 802 | | |
|---|
| 791 | 803 | | SEC. 9.5. Section 84757 of the Education Code is amended to read: |
|---|
| 792 | 804 | | |
|---|
| 793 | 805 | | ### SEC. 9.5. |
|---|
| 794 | 806 | | |
|---|
| 795 | 807 | | 84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 796 | 808 | | |
|---|
| 797 | 809 | | 84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 798 | 810 | | |
|---|
| 799 | 811 | | 84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:(1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships.(2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts.(3) English as a second language.(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training.(5) Education programs for persons with substantial disabilities.(6) Short-term vocational programs with high employment potential.(7) Education programs for older adults.(8) Education programs for home economics.(9) Health and safety education.(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph.(b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 800 | 812 | | |
|---|
| 801 | 813 | | |
|---|
| 802 | 814 | | |
|---|
| 803 | 815 | | 84757. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding: |
|---|
| 804 | 816 | | |
|---|
| 805 | 817 | | (1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships. |
|---|
| 806 | 818 | | |
|---|
| 807 | 819 | | (2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts. |
|---|
| 808 | 820 | | |
|---|
| 809 | 821 | | (3) English as a second language. |
|---|
| 810 | 822 | | |
|---|
| 811 | 823 | | (4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. |
|---|
| 812 | 824 | | |
|---|
| 813 | 825 | | (5) Education programs for persons with substantial disabilities. |
|---|
| 814 | 826 | | |
|---|
| 815 | 827 | | (6) Short-term vocational programs with high employment potential. |
|---|
| 816 | 828 | | |
|---|
| 817 | 829 | | (7) Education programs for older adults. |
|---|
| 818 | 830 | | |
|---|
| 819 | 831 | | (8) Education programs for home economics. |
|---|
| 820 | 832 | | |
|---|
| 821 | 833 | | (9) Health and safety education. |
|---|
| 822 | 834 | | |
|---|
| 823 | 835 | | (10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph. |
|---|
| 824 | 836 | | |
|---|
| 825 | 837 | | (b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. |
|---|
| 826 | 838 | | |
|---|
| 827 | 839 | | SEC. 10. Section 84916 of the Education Code is amended to read:84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs. |
|---|
| 828 | 840 | | |
|---|
| 829 | 841 | | SEC. 10. Section 84916 of the Education Code is amended to read: |
|---|
| 830 | 842 | | |
|---|
| 831 | 843 | | ### SEC. 10. |
|---|
| 832 | 844 | | |
|---|
| 833 | 845 | | 84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs. |
|---|
| 834 | 846 | | |
|---|
| 835 | 847 | | 84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs. |
|---|
| 836 | 848 | | |
|---|
| 837 | 849 | | 84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906:(a) The Adults in Correctional Facilities program.(b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act).(c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270).(d) Local control funding formula apportionments received for students who are 19 years of age or older.(e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913.(f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program.(g) State funds for adult literacy or career online high school programs. |
|---|
| 838 | 850 | | |
|---|
| 839 | 851 | | |
|---|
| 840 | 852 | | |
|---|
| 841 | 853 | | 84916. Commencing with the 201920 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 201819 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortiums three-year plan, as adopted pursuant to Section 84906: |
|---|
| 842 | 854 | | |
|---|
| 843 | 855 | | (a) The Adults in Correctional Facilities program. |
|---|
| 844 | 856 | | |
|---|
| 845 | 857 | | (b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act). |
|---|
| 846 | 858 | | |
|---|
| 847 | 859 | | (c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270). |
|---|
| 848 | 860 | | |
|---|
| 849 | 861 | | (d) Local control funding formula apportionments received for students who are 19 years of age or older. |
|---|
| 850 | 862 | | |
|---|
| 851 | 863 | | (e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913. |
|---|
| 852 | 864 | | |
|---|
| 853 | 865 | | (f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program. |
|---|
| 854 | 866 | | |
|---|
| 855 | 867 | | (g) State funds for adult literacy or career online high school programs. |
|---|
| 856 | 868 | | |
|---|
| 857 | 869 | | SEC. 11. Section 88920 of the Education Code is amended to read:88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. |
|---|
| 858 | 870 | | |
|---|
| 859 | 871 | | SEC. 11. Section 88920 of the Education Code is amended to read: |
|---|
| 860 | 872 | | |
|---|
| 861 | 873 | | ### SEC. 11. |
|---|
| 862 | 874 | | |
|---|
| 863 | 875 | | 88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. |
|---|
| 864 | 876 | | |
|---|
| 865 | 877 | | 88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. |
|---|
| 866 | 878 | | |
|---|
| 867 | 879 | | 88920. The Legislature finds and declares all of the following:(a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study.(b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities.(c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently.(d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. |
|---|
| 868 | 880 | | |
|---|
| 869 | 881 | | |
|---|
| 870 | 882 | | |
|---|
| 871 | 883 | | 88920. The Legislature finds and declares all of the following: |
|---|
| 872 | 884 | | |
|---|
| 873 | 885 | | (a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study. |
|---|
| 874 | 886 | | |
|---|
| 875 | 887 | | (b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities. |
|---|
| 876 | 888 | | |
|---|
| 877 | 889 | | (c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently. |
|---|
| 878 | 890 | | |
|---|
| 879 | 891 | | (d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. |
|---|
| 880 | 892 | | |
|---|
| 881 | 893 | | SEC. 12. Section 89005.5 of the Education Code is amended to read:89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor. |
|---|
| 882 | 894 | | |
|---|
| 883 | 895 | | SEC. 12. Section 89005.5 of the Education Code is amended to read: |
|---|
| 884 | 896 | | |
|---|
| 885 | 897 | | ### SEC. 12. |
|---|
| 886 | 898 | | |
|---|
| 887 | 899 | | 89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor. |
|---|
| 888 | 900 | | |
|---|
| 889 | 901 | | 89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor. |
|---|
| 890 | 902 | | |
|---|
| 891 | 903 | | 89005.5. (a) (1) All of the following names are the property of the state:(A) California State University.(B) The names of all educational institutions in the state with names containing the words California State University.(C) All of the following names:(i) California Polytechnic State University, San Luis Obispo.(ii) California State Polytechnic University, Humboldt.(iii) California State Polytechnic University, Pomona.(iv) California Maritime Academy.(v) Humboldt State University.(vi) Sonoma State University.(vii) San Francisco State University.(viii) San Jose State University.(ix) San Diego State University.(D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following:(i) Cal State.(ii) Cal Maritime.(iii) Humboldt State.(iv) Sonoma State.(v) San Francisco State.(vi) San Jose State.(vii) San Diego State.(viii) Cal Poly.(ix) CSU.(2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:(A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.(B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.(c) Every person violating this section is guilty of a misdemeanor. |
|---|
| 892 | 904 | | |
|---|
| 893 | 905 | | |
|---|
| 894 | 906 | | |
|---|
| 895 | 907 | | 89005.5. (a) (1) All of the following names are the property of the state: |
|---|
| 896 | 908 | | |
|---|
| 897 | 909 | | (A) California State University. |
|---|
| 898 | 910 | | |
|---|
| 899 | 911 | | (B) The names of all educational institutions in the state with names containing the words California State University. |
|---|
| 900 | 912 | | |
|---|
| 901 | 913 | | (C) All of the following names: |
|---|
| 902 | 914 | | |
|---|
| 903 | 915 | | (i) California Polytechnic State University, San Luis Obispo. |
|---|
| 904 | 916 | | |
|---|
| 905 | 917 | | (ii) California State Polytechnic University, Humboldt. |
|---|
| 906 | 918 | | |
|---|
| 907 | 919 | | (iii) California State Polytechnic University, Pomona. |
|---|
| 908 | 920 | | |
|---|
| 909 | 921 | | (iv) California Maritime Academy. |
|---|
| 910 | 922 | | |
|---|
| 911 | 923 | | (v) Humboldt State University. |
|---|
| 912 | 924 | | |
|---|
| 913 | 925 | | (vi) Sonoma State University. |
|---|
| 914 | 926 | | |
|---|
| 915 | 927 | | (vii) San Francisco State University. |
|---|
| 916 | 928 | | |
|---|
| 917 | 929 | | (viii) San Jose State University. |
|---|
| 918 | 930 | | |
|---|
| 919 | 931 | | (ix) San Diego State University. |
|---|
| 920 | 932 | | |
|---|
| 921 | 933 | | (D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following: |
|---|
| 922 | 934 | | |
|---|
| 923 | 935 | | (i) Cal State. |
|---|
| 924 | 936 | | |
|---|
| 925 | 937 | | (ii) Cal Maritime. |
|---|
| 926 | 938 | | |
|---|
| 927 | 939 | | (iii) Humboldt State. |
|---|
| 928 | 940 | | |
|---|
| 929 | 941 | | (iv) Sonoma State. |
|---|
| 930 | 942 | | |
|---|
| 931 | 943 | | (v) San Francisco State. |
|---|
| 932 | 944 | | |
|---|
| 933 | 945 | | (vi) San Jose State. |
|---|
| 934 | 946 | | |
|---|
| 935 | 947 | | (vii) San Diego State. |
|---|
| 936 | 948 | | |
|---|
| 937 | 949 | | (viii) Cal Poly. |
|---|
| 938 | 950 | | |
|---|
| 939 | 951 | | (ix) CSU. |
|---|
| 940 | 952 | | |
|---|
| 941 | 953 | | (2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways: |
|---|
| 942 | 954 | | |
|---|
| 943 | 955 | | (A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise. |
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| 944 | 956 | | |
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| 945 | 957 | | (B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose. |
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| 946 | 958 | | |
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| 947 | 959 | | (C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program. |
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| 948 | 960 | | |
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| 949 | 961 | | (b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever. |
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| 950 | 962 | | |
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| 951 | 963 | | (c) Every person violating this section is guilty of a misdemeanor. |
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| 952 | 964 | | |
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| 953 | 965 | | SEC. 13. Section 89030.5 of the Education Code is amended to read:89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 954 | 966 | | |
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| 955 | 967 | | SEC. 13. Section 89030.5 of the Education Code is amended to read: |
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| 956 | 968 | | |
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| 957 | 969 | | ### SEC. 13. |
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| 958 | 970 | | |
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| 959 | 971 | | 89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 960 | 972 | | |
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| 961 | 973 | | 89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 962 | 974 | | |
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| 963 | 975 | | 89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:(1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:(A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.(B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.(C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing.(D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.(E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change.(2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees.(3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.(4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.(b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.(c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.(d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 964 | 976 | | |
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| 965 | 977 | | |
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| 966 | 978 | | |
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| 967 | 979 | | 89030.5. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements: |
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| 968 | 980 | | |
|---|
| 969 | 981 | | (1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following: |
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| 970 | 982 | | |
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| 971 | 983 | | (A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting. |
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| 972 | 984 | | |
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| 973 | 985 | | (B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria. |
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| 974 | 986 | | |
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| 975 | 987 | | (C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing. |
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| 976 | 988 | | |
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| 977 | 989 | | (D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments. |
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| 978 | 990 | | |
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| 979 | 991 | | (E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the universitys final decision on the proposed change. |
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| 980 | 992 | | |
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| 981 | 993 | | (2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees. |
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| 982 | 994 | | |
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| 983 | 995 | | (3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor. |
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| 984 | 996 | | |
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| 985 | 997 | | (4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor. |
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| 986 | 998 | | |
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| 987 | 999 | | (b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors. |
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| 988 | 1000 | | |
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| 989 | 1001 | | (c) As used in this section, local service area means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended. |
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| 990 | 1002 | | |
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| 991 | 1003 | | (d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. |
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| 992 | 1004 | | |
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| 993 | 1005 | | SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative. |
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| 994 | 1006 | | |
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| 995 | 1007 | | SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative. |
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| 996 | 1008 | | |
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| 997 | 1009 | | SEC. 14. Section 4.5 of this bill incorporates amendments to Section 76004 of the Education Code proposed by both this bill and Assembly Bill 102. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 76004 of the Education Code, and (3) this bill is enacted after Assembly Bill 102, in which case Section 4 of this bill shall not become operative. |
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| 998 | 1010 | | |
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| 999 | 1011 | | ### SEC. 14. |
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| 1000 | 1012 | | |
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| 1001 | 1013 | | SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative. |
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| 1002 | 1014 | | |
|---|
| 1003 | 1015 | | SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative. |
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| 1004 | 1016 | | |
|---|
| 1005 | 1017 | | SEC. 15. Section 9.5 of this bill incorporates amendments to Section 84757 of the Education Code proposed by both this bill and Assembly Bill 1187. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 84757 of the Education Code, and (3) this bill is enacted after Assembly Bill 1187, in which case Section 9 of this bill shall not become operative. |
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| 1006 | 1018 | | |
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| 1007 | 1019 | | ### SEC. 15. |
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| 1008 | 1020 | | |
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| 1009 | 1021 | | SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1010 | 1022 | | |
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| 1011 | 1023 | | SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1012 | 1024 | | |
|---|
| 1013 | 1025 | | SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1014 | 1026 | | |
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| 1015 | 1027 | | ### SEC. 16. |
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| 1016 | 1028 | | |
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| 1017 | 1029 | | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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