2005 California Education Code Sections 48800-48802 Article 1. Advanced Education

48800.  (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational enrichment
opportunities for a limited number of eligible pupils, rather than
to reduce current course requirements of elementary and secondary
schools, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere.  The governing board may authorize
those pupils, upon recommendation of the principal of the pupil's
school of attendance, and with parental consent, to attend a
community college during any session or term as special part-time or
full-time students and to undertake one or more courses of
instruction offered at the community college level.
   (b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for any
session or term for a pupil who is identified as highly gifted, the
board shall issue its written recommendation and the reasons for the
denial 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 students shall receive credit for community college
courses that they complete at the level determined appropriate by the
school district and community college district governing boards.
   (d) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets all of the
following criteria:
   (A) Demonstrates adequate preparation in the discipline to be
studied.
   (B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
   (2) For any particular grade level, a principal may not recommend
for community college summer session attendance more than 5 percent
of the total number of pupils who completed that grade immediately
prior to the time of recommendation.
   (3) A pupil recommended by his or her principal for enrollment in
a college-level advanced scholastic summer session course or in a
vocational community college summer session course shall not be
included in determining the 5 percent of pupils recommended if if all
of the following criteria are met:
   (A) The course is offered by a middle college high school or an
early college high school, as defined by paragraph (4).
   (B) The high school principal who makes the recommendation
provides data to the Chancellor of the California Community Colleges
at the request of that office for purposes of preparing the annual
report pursuant to paragraph (5).
   (C) The course meets one of the following criteria:
   (i) It is a for credit, lower division, college-level course that
is designated as part of the Intersegmental General Education
Transfer Curriculum or applies toward the general education breadth
requirements of the California State University.
   (ii) The course is a for credit, college-level, occupational
course assigned a Priority code of "A," "B," or "C," pursuant to the
Student Accountability Model, as defined by the Chancellor of the
California Community Colleges and reported in the management
information system, and the course is part of a sequence of
vocational or career technical education courses leading to a degree
or certificate in the subject area covered by the sequence.
   (4) For purposes of this section, a "middle college high school"
or an "early college high school" means a high school that meets all
of the following criteria:
   (A) The school has an enrollment of 400 or fewer pupils, and is
recognized by the department and by the Chancellor of the California
Community Colleges as a district school that has been assigned a
County-District-School code by the department.
   (B) The school's program is sponsored by a legally binding
memorandum of understanding or similar formal agreement between a
sponsoring local educational agency and a community college district
that establishes cogovernance and resource allocation policies and
procedures for the cosponsored school.(C) The school serves cohorts
of pupils in a coherent high school and community college program of
study that includes, as a clearly identified outcome for each pupil,
a high school diploma and achievement of, or preparation for,
completion of an associate degree, eligibility for transfer to a
four-year college or university, or completion of a community college
certificate program in a vocational, technical, or business
occupation.
   (5) On or before January 1, 2007, and on or before January 1 of
each year thereafter, the Chancellor of the California Community
Colleges shall report to the Department of Finance the number of
pupils recommended pursuant to paragraph (3) who enroll in community
college summer session courses.
   (6) The Board of Governors of the California Community Colleges
may not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
Colleges.
   (7) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this subdivision may not be
waived.
   (e) Paragraphs (3), (4), (5), and (6) of subdivision (d) shall
become inoperative on January 1, 2011.
48800.5.  (a) A parent or guardian of a pupil, regardless of the
pupil's age or class level, may petition the governing board of the
school district in which the pupil is enrolled to authorize the
attendance of the pupil at a community college as a special full-time
student on the ground that the pupil would benefit from advanced
scholastic or vocational work that would thereby be available.  If
the governing board denies the petition, the pupil's parent or
guardian may file an appeal with the county board of education, which
shall render a final decision on the petition in writing within 30
days.
   (b) A pupil who attends a community college as a special full-time
student pursuant to this section is exempt from compulsory school
attendance under Chapter 2 (commencing with Section 46100) of Part
26.
   (c) A parent or guardian of a pupil who is not enrolled in a
public school may directly petition the president of any community
college to authorize the attendance of the pupil at the community
college as a special part-time or full-time student on the ground
that the pupil would benefit from advanced scholastic or vocational
work that would thereby be available.
   (d) Any pupil authorized to attend a community college as a
special full-time student shall, nevertheless, be required to
undertake courses of instruction of a scope and duration sufficient
to satisfy the requirements of law.
   (e) For purposes of allowances and apportionments from the State
School Fund, a community college shall be credited with additional
units of average daily attendance attributable to the attendance of
special full-time students at the community college.
48801.  Any student authorized to attend a community college as a
special part-time student pursuant to Sections 48800 and 76001 shall,
nevertheless, be required to undertake courses of instruction of a
scope and duration sufficient to satisfy the requirements of law.
   The student shall also be required to attend school for the
minimum schoolday, except as provided for in Section 46145 or 46147.
However, the governing board of the school district may permit the
student to attend school for such a lesser period of time than the
minimum schoolday as the board shall find to be in the student's best
interests.
48802.  (a) For purposes of allowances and apportionments from
Section B of the State School Fund, a community college shall be
credited with additional units of average daily attendance
attributable to the attendance of pupils at the community college as
special part-time students pursuant to this article and as set forth
in Section 76002.
   (b) A school district whose pupils attend a community college as
special part-time students pursuant to this article shall, for
purposes of allowances and apportionments from Section A of the State
School Fund, continue to receive credit for attendance by those
pupils computed in the manner prescribed by law, and a pupil's
attendance at school for the minimum schoolday shall be deemed a day
of attendance for purposes of making the computation.