October 20, 1998
To:
Superintendents and Presidents
Chief Instructional Officers
Chief Student Services Officers
Chief Business Officials
Admissions Officers and Registrars
Other Interested Parties
From:
Ralph Black
Vice Chancellor and General Counsel
Subject:
Admission of Minors to Community Colleges
Synopsis: Questions have been asked by community college district personnel and
members of the public regarding the admission of minors, special kindergarten through
12th grade (K-12) students, enrolled part-time or full-time in classes offered by
community colleges. In order to provide guidance on this subject, we have prepared the
attached advisory which provides a summary of current requirements for the admission
and attendance of K-12 students at community colleges.
Action/Date: Please review and distribute as necessary.
cc: Thomas Nussbaum
Patrick Lenz
Victoria Morrow
Edward Gould
Christopher Cabaldon
Kaylene Hallberg
Gary Cook
Helen Simmons
Provisions Related to the Admission and Attendance of K-12 Students
(Legal Opinion M 98-17)
Minors (those under 18 years of age) who have received a high school diploma or an
equivalency such as the Certificate of Proficiency from the Board of Education or the
California High School Equivalency Certificate are guaranteed admission to a
community college pursuant to Education Code1 Section 76000. However, minors
without high school diplomas or an equivalency may be admitted to a community
college if the statutory requirements governing such admissions are followed. Such
students may take credit, noncredit, and community service courses at a community
college. The requirements for the admission of minors who do not hold high school
diplomas, or equivalent, in each of these course categories is discussed below.
A. Credit Courses
A community college district may admit minors who do not hold high school diplomas, or
equivalent, to its credit courses as special part-time or special full-time students; or, to
its summer session, pursuant to Sections 48800, 48800.5 and 76001. State
apportionment may be claimed for the minors’ attendance if the requirements set forth
in these statutes, and the applicable attendance accounting regulations of the Board of
Governors are met. (See California Code of Regulations, Title 5, § 58050 et seq.)
The current version of Section 76001 authorizes special part-time and full-time students
to receive credit at the level determined to be appropriate by the school districts and
community college governing boards. This is a change from an earlier version of
Section 76001 which stated that “the student receives credit for community college
courses which he completes in the same manner as if he were a regularly enrolled
community college student unless, upon agreement between the two districts, the
student receives high school credit for the courses completed.” We are of the opinion
that the change in the wording of the statute reflects the Legislature’s intent to afford
high school and community college districts the flexibility to enter into agreements which
would allow students to receive both high school and college credit. (See Legal Opinion
L 89-19.)
However, Title 5, Section 1630, which is based upon the earlier version of Section
76001, remains unchanged by the Department of Education. This regulation provides
that high school credit may be received for a college course if the credit, at the request
of the student, is disallowed by the college as credit toward graduation from college.
Although, in our view, this regulation is at odds with the current law as expressed in
Section 76001, Section 1630 is still in effect and applies to K-12 districts. As a result,
until the regulation is changed by the State Board of Education, some high school
districts may not agree to permit dual credit.
1
All references are to the Education Code unless otherwise indicated.
M 98-17
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October 20, 1998
We have previously held that where the minor takes a class only for high school credit,
no enrollment fee or nonresident fee should be charged. (See Legal Opinions L 84-09
and M 97-27.) This is in keeping with California’s free school guarantee for K-12
education. (Cal. Const. art. IX, § 5.) Where the minor takes the class for college credit,
the enrollment fee and, where appropriate, nonresident fee should be charged.
However, the enrollment fee may be waived for special part-time students. (§ 76300(f).)
1. Special Part-Time Student (in the regular academic year)
A community college district may admit minors who do not hold high school diplomas, or
equivalent, to its credit classes as special part-time students (§§ 48800 and 76001(a)).
The minor student must:
(a)
enroll in 12 or fewer units per semester.
(b)
be able to benefit from advanced scholastic or vocational work, as determined by
the district governing board of the school district in which the student is enrolled.
(c)
be recommended by the principal of the school of attendance.
(d)
have parental consent to attend the community college.
A parent or guardian of a pupil who is not enrolled in a public school may directly
petition the president of a community college to authorize the attendance of a special
part-time student on the ground that the pupil would benefit from advanced scholastic or
vocational work in courses that would thereby be available.
2. Special Full-Time Students (in the regular academic year)
A community college district may admit minors who do not hold high school diplomas, or
equivalent, for enrollment in its credit classes as special full-time students (§§ 48800.5
and 76001(b)), if the following conditions are met:
(a)
Upon petition of the minor’s parents to the governing board, and authorization of
the school district in which the minor is enrolled, the minor may attend the
community college as a special full-time student if it is determined by the governing
board that the minor would benefit from advanced scholastic or vocational work in
courses that would thereby be available.
(b)
The college president determines that the student could benefit from the course or
courses in which he or she seeks to enroll.
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October 20, 1998
(c)
The student is able to undertake courses of instruction “of a scope and duration
sufficient to satisfy the requirements of law.” This requirement is not defined;
however, it seems likely that the intent of this provision is that the student should
take courses that at least satisfy the requirements in law for high school
graduation. The minor is exempt from compulsory school attendance.
(d)
The minor has parental consent to attend the community college.
A parent or guardian of a minor who is not enrolled in a public school may directly
petition the president of a community college to admit the minor as a special full-time
student on the ground that he or she would benefit from advanced scholastic or
vocational work in courses that would thereby be available.
3. Advanced Scholastic or Vocational Work
Questions have been raised regarding the practice of districts enrolling K-12 students in
physical education courses, such as football or physical conditioning classes, or in fine
arts courses, designed for high school students. In many instances, these classes are
held at the high school with a high school teacher conducting the class as an instructor
for the college district.
Sections 48800, 48800.5 and 76001(a) and (b), which permit minor students to enroll in
community college courses for college credit clearly intend that these students are to be
the exception and are to be enrolled strictly for the purpose of seeking advanced
scholastic or vocational work (i.e., college level courses). The intent of these sections is
to provide educational enrichment opportunities for a limited number of eligible minor
students, rather than to reduce current course requirements of elementary and
secondary schools.
California Code of Regulations, Title 5, Section 55002(a) sets forth the standards for
approval of degree-applicable credit courses. That regulation also requires that all
sections of all courses be taught according to the approved course outline of record.
Therefore, the fact that a course has been properly established as a credit course
pursuant to Section 55002(a) would provide prima facie evidence that each section of
that course is at college level and qualifies for apportionment purposes. However, a
given course section may in fact be taught at a level less demanding than that specified
in the course outline, and thus fail to meet the requirements of Section 55002(a).
Some exceptional high school students are able to successfully complete courses
conducted at the college level. However, a course designed specifically for high school
students normally would not meet the standards for approval as a degree-applicable
credit course. Moreover, even where the course has been properly established
pursuant to Section 55002, if the majority of students enrolled are minors, are typical of
that age, and are still able to successfully pass the course, then that course (or at least
that particular section of that course) is probably not being taught at college level in
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October 20, 1998
accordance with the course outline of record. Such circumstances could trigger an
attendance accounting review by the Chancellor’s Office and apportionment claims
could be rejected if it is determined that the course or course section is not being taught
with the requisite degree of rigor required of a degree-applicable course.
4. Summer Session
A community college may admit minors without high school diplomas for enrollment in
its credit courses in summer sessions pursuant to subdivisions (c), (d) and (e) of
Section 76001. The student must:
(a)
be recommended by the principal of the school that he or she attends. For the
summer session, the principal may not recommend more than five percent of the
students at any one grade level. The individual K-12 school is responsible for
monitoring the five percent limit.
(b)
have demonstrated adequate preparation in the discipline to be studied.
(c)
have availed himself or herself of all opportunities to enroll in an equivalent course
at his or her school of attendance.
(d)
have parental consent.
The requirements of Sections 48800 (advanced scholastic and vocational courses for
part- and full-time students), 48801 (mandatory minimum school day) and 76001 (a)
and (b) (special part- and full-time attendance), which apply to regular academic year
students, do not apply to minors who attend summer session courses at the community
college.
B. Noncredit
A community college district may admit minors without high school diplomas for
enrollment in its noncredit programs pursuant to Section 78401. The minor must be
qualified for admission in the judgment of the community college district’s governing
board.
C. Other Requirements
In addition, if apportionment is claimed for attendance of minors in credit or noncredit
courses:
1.
The courses must meet the Title 5 criteria for the design and conduct of courses
(Title 5, § 55002), which includes that instructors that teach the courses must
meet the State minimum qualifications established by the Board of Governors
regulations (Title 5, § 53400 et seq.).
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October 20, 1998
2.
The courses must be open to the general public and must be published in the
official catalog and/or schedule of classes with a description that would not
discourage enrollment by others who want to avail themselves of the instruction.
In addition, registration procedures may not have the purpose or effect of limiting
enrollment to K-12 students. (Title 5, §§ 58100-58110.)
3.
The students must be under the immediate supervision of an employee of the
district (Title 5, § 58056). Where college districts contract for instruction to be
provided by another public or private agency, the employees of the contracting
entity may also be deemed to be employees of the district if the contract specifies
that the district has the primary right of control over the activities of the person(s);
and the district enters into a separate written agreement with each of the
individuals furnished by the contractor (Title 5, § 58058). Please bear in mind
that such individuals, if they teach the courses approved for the college, must
also meet the State minimum qualifications to teach the curriculum.
4.
The courses must be otherwise eligible under all of the provisions of Title 5,
Section 58050 et seq.
D. Community Services
A community college district may admit minors without high school diplomas for
enrollment in its community service classes pursuant to Section 78300. In the judgment
of the governing board, the minors must be able to profit from the classes to which they
are admitted. Community services classes must be funded from fees for such classes,
and no General Fund moneys shall be expended for them. Nor may college credit be
awarded for attendance in community service classes.