Article 1. Admission Of Students of California Education Code >> Division 7. >> Title 3. >> Part 47. >> Chapter 1. >> Article 1.
The governing board of a community college district shall
admit to the community college any California resident, and may admit
any nonresident, possessing a high school diploma or the equivalent
thereof.
The governing board may admit to the community college any
apprentice, as defined in Section 3077 of the Labor Code, who, in the
judgment of the governing board, is capable of profiting from the
instruction offered.
The governing board may by rule determine whether there shall be
admitted to the community college any other person who is over 18
years of age and who, in the judgment of the board, is capable of
profiting from the instruction offered. If the governing board
determines to admit other persons, those persons shall be admitted as
provisional students and thereafter shall be required to comply with
the rules and regulations prescribed by the board of governors
pertaining to the scholastic achievement and other standards to be
met by provisional or probationary students, as a condition to being
readmitted in any succeeding semester. This paragraph shall not apply
to persons in attendance in special classes and programs established
for adults pursuant to Section 78401 or to any persons attending on
a part-time basis only.
(a) The governing board of a community college district may
admit to any community college under its jurisdiction as a special
part-time or full-time student in any session or term any student who
is eligible to attend community college pursuant to Section 48800 or
48800.5.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for a pupil
who is identified as highly gifted, the board shall record its
findings and the reasons for denial of the request in writing within
60 days. The written recommendation and denial shall be issued at the
next regularly scheduled board meeting that falls at least 30 days
after the request has been submitted.
(c) The attendance of a pupil at a community college as a special
part-time or full-time student pursuant to this section is authorized
attendance, for which the community college shall be credited or
reimbursed pursuant to Sections 48802 and 76002. Credit for courses
completed shall be at the level determined to be appropriate by the
school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may
enroll in up to, and including, 11 units per semester, or the
equivalent thereof, at the community college.
(e) (1) Except as provided in paragraph (2), the governing board
of a community college district shall assign a low enrollment
priority to special part-time or full-time students described in
subdivision (a) in order to ensure that these students do not
displace regularly admitted students.
(2) This subdivision does not apply to a student attending a
middle college high school as described in Section 11300, if the
student is seeking to enroll in a community college course that is
required for the student's middle college high school program.
(a) For the purposes of receiving state apportionments, a
community college district may include high school pupils who attend
a community college within the district pursuant to Sections 48800
and 76001 in the district's report of full-time equivalent students
(FTES) only if those pupils are enrolled in community college classes
that meet all of the following criteria:
(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in
one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda to the college catalog or regular schedule of
classes.
(B) If a decision to offer a class on a high school campus is made
after the publication of the regular schedule of classes, and the
class is solely advertised to the general public through electronic
media, the class shall be so advertised for a minimum of 30
continuous days prior to the first meeting of the class.
(3) If the class is offered at a high school campus, the class
shall not be held during the time the campus is closed to the general
public, as defined by the governing board of the school district
during a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10
percent of its enrollment may be comprised of special part-time or
full-time students. A community college district shall not receive
state apportionments for special part-time and full-time students
enrolled in physical education courses in excess of 5 percent of the
district's total reported full-time equivalent enrollment of special
part-time and full-time students.
(b) The governing board of a community college district may
restrict the admission or enrollment of a special part-time or
full-time student during any session based on any of the following
criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment
methods and procedures established pursuant to Chapter 2 (commencing
with Section 78210) of Part 48 and regulations adopted by the Board
of Governors of the California Community Colleges.
(c) (1) The Chancellor of the California Community Colleges shall
prepare and submit to the Department of Finance and the Legislature,
on or before March 1, 2004, and March 1 of each year thereafter, a
report on the amount of FTES claimed by each community college
district for special part-time and special full-time students for the
preceding academic year in each of the following class categories:
(A) Noncredit.
(B) Nondegree-applicable.
(C) Degree-applicable, excluding physical education.
(D) Degree-applicable physical education.
(2) The report prepared pursuant to paragraph (1) may include
information required to be reported pursuant to paragraph (4) of
subdivision (d) of Section 48800.
(d) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section.
(a) Notwithstanding Section 76001, the governing board of
the Long Beach Community College District may admit to any community
college under its jurisdiction, as a special part-time or full-time
student, in any session or term, any student who is participating in
the partnership established pursuant to Article 1.5 (commencing with
Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2.
(b) (1) For the purpose of receiving state apportionments pursuant
to Section 76002, the Long Beach Community College District may
include high school pupils who attend a community college within the
district and participate in the College Promise Partnership Act
pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5
of Part 27 of Division 4 of Title 2, provided that no school district
has received reimbursement for the same instructional activity.
(2) The Long Beach Community College District shall report to the
Chancellor of the California Community Colleges the moneys utilized
for the partnership pursuant to Article 1.5 (commencing with Section
48810) of Chapter 5 of Part 27 of Division 4 of Title 2 by no later
than November 1 of each year the partnership is in operation.
(c) Credit for partnership courses completed shall be at the level
determined to be appropriate by the governing boards of the Long
Beach Unified School District and the Long Beach Community College
District pursuant to the terms of the partnership established
pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5
of Part 27 of Division 4 of Title 2.
(d) The Long Beach Community College District may assign priority
for enrollment and course registration to any of the following:
(1) Students pursuing and making satisfactory academic progress
toward a degree, certificate, transfer, or basic skills objective
that is declared or reaffirmed upon enrollment in each academic term.
(2) Students pursuing and making satisfactory academic progress
pursuant to an approved individual education plan toward a career
development objective that is declared or reaffirmed upon enrollment
in each academic term.
(3) Notwithstanding subdivision (e) of Section 76001, students
participating in a partnership in accordance with Article 1.5
(commencing with Section 48810) of Chapter 5 of Part 27 of Division 4
of Title 2.
(e) This section shall become inoperative on June 30, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
Notwithstanding Section 76001 or any other law:
(a) The governing board of a community college district may enter
into a College and Career Access Pathways (CCAP) partnership with the
governing board of a school district for the purpose of offering or
expanding dual enrollment opportunities for students who may not
already be college bound or who are underrepresented in higher
education, with the goal of developing seamless pathways from high
school to community college for career technical education or
preparation for transfer, improving high school graduation rates, or
helping high school pupils achieve college and career readiness.
(b) A participating community college district may enter into a
CCAP partnership with a school district partner that is governed by a
CCAP partnership agreement approved by the governing boards of both
districts. As a condition of, and before adopting, a CCAP partnership
agreement, the governing board of each district, at an open public
meeting of that board, shall present the dual enrollment partnership
agreement as an informational item. The governing board of each
district, at a subsequent open public meeting of that board, shall
take comments from the public and approve or disapprove the proposed
agreement.
(c) (1) The CCAP partnership agreement shall outline the terms of
the CCAP partnership and shall include, but not necessarily be
limited to, the total number of high school students to be served and
the total number of full-time equivalent students projected to be
claimed by the community college district for those students; the
scope, nature, time, location, and listing of community college
courses to be offered; and criteria to assess the ability of pupils
to benefit from those courses. The CCAP partnership agreement shall
also establish protocols for information sharing, in compliance with
all applicable state and federal privacy laws, joint facilities use,
and parental consent for high school pupils to enroll in community
college courses.
(2) The CCAP partnership agreement shall identify a point of
contact for the participating community college district and school
district partner.
(3) A copy of the CCAP partnership agreement shall be filed with
the office of the Chancellor of the California Community Colleges and
with the department before the start of the CCAP partnership. The
chancellor may void any CCAP partnership agreement it determines has
not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP
partnership shall not provide physical education course opportunities
to high school pupils pursuant to this section or any other course
opportunities that do not assist in the attainment of at least one of
the goals listed in subdivision (a).
(e) A community college district shall not enter into a CCAP
partnership with a school district within the service area of another
community college district, except where an agreement exists, or is
established, between those community college districts authorizing
that CCAP partnership.
(f) A high school pupil enrolled in a course offered through a
CCAP partnership shall not be assessed any fee that is prohibited by
Section 49011.
(g) A community college district participating in a CCAP
partnership may assign priority for enrollment and course
registration to a pupil seeking to enroll in a community college
course that is required for the pupil's CCAP partnership program that
is equivalent to the priority assigned to a pupil attending a middle
college high school as described in Section 11300 and consistent
with middle college high school provisions in Section 76001.
(h) The CCAP partnership agreement shall certify that any
community college instructor teaching a course on a high school
campus has not been convicted of any sex offense as defined in
Section 87010, or any controlled substance offense as defined in
Section 87011.
(i) The CCAP partnership agreement shall certify that any
community college instructor teaching a course at the partnering high
school campus has not displaced or resulted in the termination of an
existing high school teacher teaching the same course on that high
school campus.
(j) The CCAP partnership agreement shall certify that a qualified
high school teacher teaching a course offered for college credit at a
high school campus has not displaced or resulted in the termination
of an existing community college faculty member teaching the same
course at the partnering community college campus.
(k) The CCAP partnership agreement shall include a certification
by the participating community college district of all of the
following:
(1) A community college course offered for college credit at the
partnering high school campus does not reduce access to the same
course offered at the partnering community college campus.
(2) A 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 remedial
course taught by community college faculty at a partnering high
school campus shall be offered only to high school students who do
not meet their grade level standard in math, English, or both on an
interim assessment in grade 10 or 11, as determined by the partnering
school district, and shall involve a collaborative effort between
high school and community college faculty to deliver an innovative
remediation course as an intervention in the student's junior or
senior year to ensure the student is prepared for college-level work
upon graduation.
(o) (1) A community college district may limit enrollment in a
community college course solely to eligible high school students if
the course is offered at a high school campus during the regular
school day and the community college course is offered pursuant to a
CCAP partnership agreement.
(2) For purposes of allowances and apportionments from Section B
of the State School Fund, a community college district conducting a
closed course on a high school campus pursuant to paragraph (1) of
subdivision (p) shall be credited with those units of full-time
equivalent students attributable to the attendance of eligible high
school pupils.
(p) A community college district may allow a special part-time
student participating in a CCAP partnership agreement established
pursuant to this article to enroll in up to a maximum of 15 units per
term if all of the following circumstances are satisfied:
(1) The units constitute no more than four community college
courses per term.
(2) The units are part of an academic program that is part of a
CCAP partnership agreement established pursuant to this article.
(3) The units are part of an academic program that is designed to
award students both a high school diploma and an associate degree or
a certificate or credential.
(q) The governing board of a community college district
participating in a CCAP partnership agreement established pursuant to
this article shall exempt special part-time students described in
subdivision (p) from the fee requirements in Sections 76060.5, 76140,
76223, 76300, 76350, and 79121.
(r) A district shall not receive a state allowance or
apportionment for an instructional activity for which the partnering
district has been, or shall be, paid an allowance or apportionment.
(s) The attendance of a high school pupil at a community college
as a special part-time or full-time student pursuant to this section
is authorized attendance for which the community college shall be
credited or reimbursed pursuant to Section 48802 or 76002, provided
that no school district has received reimbursement for the same
instructional activity.
(t) (1) For each CCAP partnership agreement entered into pursuant
to this section, the affected community college district and school
district shall report annually to the office of the Chancellor of the
California Community Colleges all of the following information:
(A) The total number of high school pupils by schoolsite enrolled
in each CCAP partnership, aggregated by gender and ethnicity, and
reported in compliance with all applicable state and federal privacy
laws.
(B) The total number of community college courses by course
category and type and by schoolsite enrolled in by CCAP partnership
participants.
(C) The total number and percentage of successful course
completions, by course category and type and by schoolsite, of CCAP
partnership participants.
(D) The total number of full-time equivalent students generated by
CCAP partnership community college district participants.
(2) On or before January 1, 2021, the chancellor shall prepare a
summary report that includes an evaluation of the CCAP partnerships,
an assessment of trends in the growth of special admits systemwide
and by campus, and, based upon the data collected pursuant to this
section, recommendations for program improvements, including, but not
necessarily limited to, both of the following:
(A) Any recommended changes to the statewide cap on special admit
full-time equivalent students to ensure that adults are not being
displaced.
(B) Any recommendation concerning the need for additional student
assistance or academic resources to ensure the overall success of
the CCAP partnerships.
(3) The chancellor shall ensure that the number of full-time
equivalent students generated by CCAP partnerships is reported
pursuant to the reporting requirements in Section 76002.
(u) The annual report required by subdivision (t) shall also be
transmitted to all of the following:
(1) The Legislature, in compliance with Section 9795 of the
Government Code.
(2) The Director of Finance.
(3) The Superintendent.
(v) A community college district that violates this article,
including, but not necessarily limited to, any restriction imposed by
the board of governors pursuant to this article, shall be subject to
the same penalty as may be imposed pursuant to subdivision (d) of
Section 78032.
(w) The statewide number of full-time equivalent students claimed
as special admits shall not exceed 10 percent of the total number of
full-time equivalent students claimed statewide.
(x) Nothing in this section is intended to affect a dual
enrollment partnership agreement existing on the effective date of
this section under which an early college high school, a middle
college high school, or California Career Pathways Trust existing on
the effective date of this section is operated. An early college high
school, middle college high school, or California Career Pathways
Trust partnership agreement existing on the effective date of this
section shall not operate as a CCAP partnership unless it complies
with the provisions of this section.
(y) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.