Dual Enrollment and Assembly Bill 288 (CCAP) Legal Opinion 16-02

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Dual Enrollment and Assembly Bill 288 (CCAP) Legal Opinion 16-02

Assembly Bill 288 (Holden) was enacted January 1, 2016 and added to the California Education Code section 76004.  Assembly Bill 288 enables the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district.  For the first time in California’s Education Code, the term “dual enrollment” is identified to define “special part-time” or “special full-time” students – that is, high school or other eligible special admit students enrolling in community college credit courses.

Legal Opinion 16-02 Dual Enrollment and AB 288 (CCAP)

AB_288_College_and_Career_Access_Pathways_Apportionment_Eligibility_Guidelines_3-11-16

The purpose of this Legal Opinion is two-fold: to opine on the key legal issues regarding:

  •  CCAP partnerships under AB 288; and
  • Districts’ ability to operate outside of the CCAP framework (that is, either develop or continue existing non-CCAP partnership agreements and other dual enrollment, non-cohort programs in general).

This Legal Opinion represents the judgment of the Chancellor’s Office and reflects experience in audits and minimum condition reviews on the subject of dual enrollment.  It also provides legal analysis and opines on areas that require statutory interpretation.  The policies and procedures discussed here are not binding on districts.  However, districts that follow the advice given here will generally be deemed to comply with the law in the event of a review by the Chancellor’s Office or as it relates to the authority granted to the Chancellor to void any CCAP Partnership Agreement it determines has not complied with the intent of the requirements of Education Code section 76004.

In April 2005, the Chancellor’s Office issued a Legal Advisory to address questions regarding the interpretation and implementation of the law on dual enrollment as amended by SB 338, which was passed by the Legislature and signed by the governor in 2003.  Then in April 2015, the Chancellor’s Office issued an update on some of the issues addressed in the 2005 Legal Advisory.

This Legal Opinion incorporates both the 2005 Legal Advisory and its 2015 update, and addresses the subsequent enactment of AB 288. This Legal Opinion is organized in the following manner:

  1. Introduction of Two Tracks: CCAP and Non-CCAP
  2. CCAP Track

Non-CCAP Track: by Partnership Agreement or Individual Special Admit Enrollment

  1. Major Attributes of Each Track

Addendum:      Assembly Bill 288 (full text)

 

Thuy Thi Nguyen

Interim General Counsel │ Legal Affairs Division

California Community Colleges Chancellor’s Office

1102 Q Street│ Sacramento, CA 95811-6549

916.445-6272tnguyen@cccco.edu

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Posted on

March 23, 2016