School and College Partnerships Will Expand Dual Enrollment Options (CCD)

Governor Brown recently signed Assembly Bill (“AB”) 288, which creates a new law that allows school and community college districts to establish a College and Career Access Pathways (“CCAP”) partnership. AB 288 adds new Education Code, section 76004 and takes effect January 1, 2016. The purpose of the partnerships is to expand dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education. Dual enrollment, or concurrent enrollment, is the enrollment by a student in postsecondary coursework while also enrolled in the K-12 system.

LEGAL UPDATE

December 18, 2015

To:  Superintendents/Presidents/Chancellors, Member Community Colleges

From: Steven P. Reiner, Assistant General Counsel

Subject:  School and College Partnerships Will Expand Dual Enrollment Options               

Memo No. 17-2015(CC)

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Governor Brown recently signed Assembly Bill (“AB”) 288, which creates a new law that allows school and community college districts to establish a College and Career Access Pathways (“CCAP”) partnership. AB 288 adds new Education Code, section 76004 and takes effect January 1, 2016.   The purpose of the partnerships is to expand dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education.   Dual enrollment, or concurrent enrollment, is the enrollment by a student in postsecondary coursework while also enrolled in the K-12 system.

Background

Current law allows the governing board of a school district to select a limited number of pupils who would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students. [1]  

The intent of the existing law includes providing high-performing students with a smoother transition from high school to college “by providing them with greater exposure to the collegiate atmosphere.” Various conditions apply to dual enrollment, particularly in college summer session courses.[2]

AB 288

The new law expands dual enrollment to a broader range of students beyond those high-achievers who have historically been involved.   The expansion of dual enrollment to a greater and more varied segment of high school pupils has the objective of “reducing the number of high school dropouts, increasing the number of community college students who transfer and complete a degree, shortening the time to completion of educational goals, and improve the level of preparation of students to successfully complete for-credit, college-level courses.”[3]

The expansion of dual enrollment through AB 288 provides “critical support for underachieving students” and “those who are underrepresented in postsecondary education.”  The expansion also provides support to “those seeking advanced studies while in high school, and those seeking a career technical education credential or certificate.” The goal is to develop a seamless pathway from high school to community college through the reduction of fiscal and policy barriers.

Each CCAP partnership requires an agreement between a school district and the community college district within the service area of that school district.  In establishing CCAP partnerships, 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.”

High school students can enroll in up to 15 community college units per term provided that:

(1)  No more than four community college courses are taken per term.

(2) The units are part of an academic program that is part of the CCAP partnership.

(3) Students may be able to receive a high school degree or certificate through the CCAP partnership. 

Participating colleges “may limit enrollment in a community college course solely to eligible high school students if the CCAP course is offered at a high school campus during the regular school day and the community college course if offered pursuant to a CCAP partnership agreement.”   Although the general rule for the collection of apportionment is that the college courses must be open for all students, courses covered by a CCAP agreement may be eligible for apportionment even if they are closed courses on a high school campus. 

High schools cannot charge high school pupils enrolled in a course offered through CCAP fees that are prohibited by Education Code, section 49011, and community colleges must exempt such students from enrollment fees, nonresident tuition, transcript fees, student representation fees, apprenticeship fees, and child development center fees.

The CCAP partnership and courses offered may not displace teachers, faculty, or reduce access to courses offered at a community college.  As such, a community college course that has a waiting list may not be offered in the CCAP partnership.

The law limits the number of full-time equivalent students (“FTES”) as special admits in CCAP to 10 percent of the total number of FTES claimed statewide and includes a sunset date of January 1, 2022. 

CCAP partnership agreements must satisfy a number of conditions that are beyond the scope of this Legal Update.  We attach a copy of new Education Code, section 76004 for your information.  We encourage you to contact our office if you are considering a CCAP partnership so that we may assist you in structuring a partnership agreement that meets the requirements of the new law.

U.S. Department of Education Experimental Pell Grants for Dual Enrollment.

The U.S. Department of Education has also recognized the benefits of dual enrollment and has recently announced an experiment to provide Federal Pell Grant funds to high school students taking college courses for credit.[4] We will keep you advised as this issue develops. 

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 

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