Credit Course Repetition Are we there yet? Credit Course Repetition Michelle Goldberg, Attorney California Community Colleges Chancellor’s Office September 2014 This presentation talks about enrollment and apportionment limits set forth in title 5. There may be other limits that need to be taken into consideration: Fed financial aid CA Community College Athletic Association on athletic courses Your district policy. Questions at end.

What we are going to cover today High level stuff Overview of the principles of repetition The exceptions in detail, excruciating detail Practical application Your non-weedy questions Ross’ dating woes

What we are not going to cover today Repeatability – there is no such thing Super weedy questions The merits of the credit course repetition policy

The Past and the Present The World Pre- July 2011: Repeats and withdrawal separated with result that students could seemingly enroll in the same course almost indefinitely Students could withdraw from a course four times and also repeat the course several times Post-July 2011 (3 rounds of changes): BOG adopted a series of changes to the regulations governing credit course repetition. Those changes fall into three categories: reduce the number of times a student can enroll in the same course, to clarify, and to provide an expanded definition section.

But wait, there’s more Approved by the Board of Governors – amendments to the regulations governing credit course repetition General work experience And then we wait --- DoF 30 days thereafter you may begin repeating

What you need when addressing repetition issues… Elias Regalado’s home number California Code of Regulations, title 5, section 55024 (withdrawals), sections 55040-45 (repetition), sections 58161-12 (money) The very clear and comprehensive Credit Course Repetition Guidelines! Your district’s policy Linda Miskovics’ home number

Clarification of Terms Enrollment in a course Repetition in (re-enrollment of) a course Repeatable courses – a narrow subset Enrollment in a credit course: occurs when a student receives an evaluative or NONevaluative symbol in a credit course, this includes withdrawals which are a nonevaluative symbol. Repetition of a credit course: if a student enrolls two time in a credit course and receives an evaluative or nonevalutive symbol both times then the student has repeated the course. Repeatable course: only three types may be properly designated as repeatable

In General what enrollments districts can claim apportionment for Student Enrollment Limits §§ 55024, 55040-46 District Apportionment Limits §§ 58161, 58162 what districts can and can’t let students do establishes the ceiling- district discretion to set a lower ceiling what enrollments districts can claim apportionment for District policy can be more restrictive. If the regulations don’t permit a student to enroll again in the same course, then obviously a district cannot get paid for that enrollment. Elias says… “These regulations go hand in hand… always refer to both!

Student Enrollment vs. Apportionment Can you allow a student to enroll in a credit course again even if the regulations don’t permit the repetition? NO! What if you don’t claim apportionment for that enrollment? Still NO! ... The regulations must specifically permit the additional enrollment for the student to be eligible to take the course again. Now sometimes, additional enrollment is permitted only if you don’t claim apportionment but that’s another story that we will discuss shortly.

Overview of Enrollment Limits One and Done Three and Done + One and Done No Specific Limit Additional Limitation for 4 types of courses - p.e., visual arts, performing arts and intercollegiate academic or vocational competition courses (related in content)

One and Done A student who receives a satisfactory grade in a credit course cannot enroll again in that course except in very limited circumstances (exceptions). The exceptions are: courses that have properly been designated as repeatable significant lapse of time variable unit courses offered on an open-entry/open-exit basis occupational work experience courses (but soon to change) extenuating circumstances students with disabilities repeating a special class legally mandated courses, and courses necessary as a result of a significant change in industry or licensure standards. But, the student must meet the requirements of the exception. We will go over these requirements.

Three and Done District policy may permit a student who does not receive a satisfactory grade (including Ws) on the previous enrollment, i.e., does NOT receive an A, B, C or P to enroll again in the same course up to three times. Limited to the original enrollment plus two more enrollments. EXCEPT – district policy may permit one more enrollment provided it does not claim apportionment. Remember, an enrollment occurs whenever a student receives an evaluative or nonevalutive symbol. Alleviation of substandard grades/withdrawals. With the exception of three types (MW, discriminatory treatment, extraordinary conditions) all withdrawals count toward limits. Thus, for example, a student cannot combine repetitions resulting in withdrawals and repetitions to alleviate substandard grades for more than three enrollments.

+ One and Then Done (really we mean it this time) Significant lapse of time – districts may allow students meeting the requirements (discussed later) for SLT to enroll in the same course one more time Extenuating circumstances – if a district determines a student has met the requirements for extenuating circumstances the district may allow the student to enroll in the same course one more time It is possible for a student to enroll +1 for SLT and +1 for extenuating circumstances – but this is truly should be a very rare experience!!! Extenuating circumstances: district policy, verified cases of accidents, verified cases of illness, or other circumstances beyond the control of the student (related course limitation – can’t go beyond) must be a prior grade, but can be substandard or satisfactory.

No Specified Student Limit Students with disabilities repeating a special class Legally mandated Significant change in industry or licensure standards

Another Limit – Courses Related in Content General Rule: One satisfactory grade and done. Additional limitation: Students are limited to four enrollments in courses that are “related in content” for the following courses types (section 55040(c)): Physical education courses, Visual arts courses, Performing arts courses, AND Intercollegiate academic and vocational courses designated as repeatable pursuant to section 55041(a)(3). Limit of four applies even if substandard grade or “W” received, or the district grants a petition for extenuating circumstances. Review: same course vs. courses related in content Does not apply to CTE courses, English courses, mathematics courses etc…

General Principles Applicable to all Types of Credit Course Repetition Retroactive application District-wide application Affect of method of delivery of course Audit documentation requirements Grades/credits

Retroactive Application In determining the total number of enrollments, the district must count all enrollments by a student in a course, even those enrollments that occurred before the effective date of the revised regulations.

District-wide Application A district must also count all enrollments in the same course, or courses that are equated, at all colleges in the district. Courses may be able to be equated, i.e., the same course, even if the units for the courses are not the same or the courses have different titles. Courses that are divided into levels should be examined closely by curriculum committees to determine whether the levels of the course should be equated. Courses must be distinct courses and have different student learning outcomes or they are (or should be) the same course. But you don’t have to count courses taken at another district.

Method of Delivery Courses that have the same or substantially similar content, titles, outcomes and objectives, but are offered through different delivery methods are still considered the same course. Thus if a student enrolls in a course through independent study after having enrolled in the same course via more traditional delivery methods, the subsequent enrollment would be a repetition of the first and prohibited unless an exception applies. (And, b/c Elias is here, remember of course that there are separate rules governing independent study courses in general.)

Audit Documentation Requirements Must maintain adequate support documents so third parties can verify that the apportionment claimed for a student’s repetition of the course was allowable. Some simple (alleviation of substandard grade), some a bit more complex (legally mandated, significant change in industry standards, courses designated as repeatable as necessary to major requirements of CSU/UC for completion of a bachelor’s degree).

Grades/Credit - Generally The district’s grading policy must require that all work in all credit courses be graded consistent with section 55023. Some prior grades may be disregarded in calculating a student’s GPA (e.g., alleviation of substandard grade). The student’s permanent academic record must clearly indicate any course repeated using an appropriate grading symbol and be annotated in such a manner that all work remains legible insuring a true and complete academic history. (§ 55040(d)) Except: withdrawals due to discriminatory treatment or extraordinary conditions (§ 55024) Except: withdrawal resulting from discriminatory treatment or extraordinary conditions. Have to meet the requirements.

Now, the Exceptions (i.e., the circumstances where repetition might be permitted) Courses that are properly designated as repeatable (3 types) Occupational work experience Alleviation of substandard grades Special classes Significant lapse of time Extenuating circumstances Legally mandated courses Significant change in industry or licensure standards Variable unit open entry/open exit courses

Hypothetical A student named Jasmine is enrolled in your multi-college district took your Introduction to Nursing Course and received a “C”. Can Jasmine, pursuant to any of the exceptions, enroll in this credit course again?

Repeatable Courses (§ 55041) Course repetition (§ 55040) vs. repeatable course (§ 55041) Only three types of courses can properly be designated as repeatable: where repetition is necessary to meet the major requirements of CSU or UC for completion of a bachelor’s degree, intercollegiate athletic courses, and (includes related conditioning courses) intercollegiate academic or vocational competition. Repeatable – any student eligible to enroll in that course can enroll in that course multiple times. These terms are defined in section 55000. Folks, this is it. No other courses can be designated as repeatable…no what about this kind of class, nada. Independent study – is a mode of delivery not a course type. It cannot be designated as repeatable unless it is one of the three types here.

Courses Necessary to Meet Major Req. Districts may designate a course as repeatable if CSU or UC (not a private college) requires their students to repeat that course as part of the major requirements. A district will only be paid for four enrollments, but the regulations do not set a student limit. The student limit is whatever is “necessary to meet the major requirements of CSU or UC for completion of a bachelor’s degree.” HOWEVER

BUT, and it is a big one… State law sets forth the primary mission of the community colleges as providing instruction through the first TWO years of undergraduate education (lower division). Thus, the applicable enrollment limitation is NOT completion of the undergraduate requirements for graduation from CSU or UC, but rather completion of the first two years of those requirements.

Courses Necessary to Meet Major Req. cont… If the course is an active participatory course in physical education, visual arts, or performing arts then the related course limitation applies (more in a minute). Audit documentation requirements: districts need to maintain those records for the Chancellor’s Office (and other third parties) to independently determine the adequacy of the course enrollment, attendance, and disenrollment claimed. For these courses districts must maintain a copy of the documentation supporting the claim that the course was necessary to meet the major requirements, such as the applicable CSU/UC catalog. A letter from a faculty member is not sufficient, nor is inclusion in Transfer Model Curriculum requirements alone sufficient.

Intercollegiate Athletics Districts may designate two types of courses as repeatable pursuant to this section: Those courses in which the student athletes are enrolled to participate in an organized competitive sport sponsored by the district. A conditioning course which supports the organized sport. Intercollegiate athletics courses are NOT considered p.e. courses for the related content limitations. Conditioning courses do not include sports theory courses. Defined in section 55000. Variable unit and intercollegiate athletics. Unit value of the course is not relevant in determining the number of enrollments. But watch apportionment limit (4).

Intercollegiate Athletics & Apportionment Title 5 regulations do not place a limit on student enrollment, but do limit apportionment. As with any other course designated as repeatable apportionment is limited to up to four enrollments in that course, regardless of the unit value of each course. (§ 58161(d).) However, section 58162 additionally limits a district to claiming no more than 175 contact hours per student, per sport, per FISCAL year for each type: the intercollegiate athletic course dedicated to the sport AND the courses that focus on conditioning or skill development for the sport. District may distribute the 175 contact hours in intercollegiate courses that focus on conditioning or skill development for the sport for an eligible student as they wish throughout the fiscal year, whether in the same semester as the sport, in a different semester, or in summer, so long as they do not exceed the 175 hour total. BUT…. The CA Community College Athletic Association regulations do place enrollment limits on students. But, be aware…. The California Community College Athletic Association further restricts how these hours may be distributed. See bylaw 3.19. For example sport theory course (chalk talk) not properly designated as repeatable, but doesn’t count toward limit of 4 or hour limit for apportionment, but may count for CCCAA limits

Intercollegiate Academic/Vocational Competition One of the three types of courses that may be designated repeatable pursuant to district policy, if the following conditions are met: the course must be designed specifically for participation in a non-athletic competitive event, the competition must be between students from different colleges, the competition must be sanctioned by a formal collegiate or industry governing body, AND the participation in the event must be a course requirement and that requirement must be specified in the course content and objectives pursuant to section 55002 (a) or (b). Related course limitations apply e.g., American College Theater Festival, Students in Free Enterprise, Music competitions, Student Government, or Model United nations. Related course limitation applies. BUT, what this doesn’t mean is a course in which students might end up participating in a competition can be designated as repeatable. The competition has to be an essential element of the course and therefore must be required for all students enrolled. Related course, can’t go beyond 4 for extenuating circumstances. Nursing course?

Courses Related in Content and Repeatable Courses Even if the course has been properly designated as repeatable, if the course is an active participatory course in physical education, visual arts or performing arts, the related content limitation applies. The difference is, if the course is repeatable, the student can take the same course more than once, OR a combination of courses that are related in content four times, including the repeatable course. So what this does not say is that all repeatable course must be placed in families. They may be if appropriate, but it depends on the specific course and the specific family grouping as determined by the college.

An example of the intersection of repeatable courses and the related content limitation Tragedy Ensemble Tragedy Supporting Role Tragedy Starring Role Comedy Ensemble Comedy Supporting Role Comedy Starring Role Properly designated as repeatable pursuant to 55041(a)(1) Performing arts courses Active participatory courses that are related in content

Grandfathering Much like the rule regarding retroactive application, a student who previously enrolled in a repeatable course (the old activity courses) four times (as was allowed), cannot enroll in the course that has now been “leveled”. E.g., the student took swimming 101 four times prior to 2012. Swimming now has been leveled into four courses, beginning (102), intermediate (103), advanced (104) and elite (105). The student cannot take the new swimming courses because they are P.E. courses related in content to the course previously repeated. And if you are leveling the swimming course, make sure that it is four separate courses, with four separate learning objectives etc… not swimming at a beginning level, swimming at an intermediate level etc…

Jasmine’s Nursing Course Hypo Can your college properly designate your Intro to Nursing Course as repeatable? Repetition necessary to met the major requirements for CSU/UC for completion of a bachelor’s degree? Intercollegiate athletic course? Intercollegiate academic/vocational competition? What if it was a dance class?

Occupational Work Experience (§ 55040(b)(6)) If specified requirements are met, an occupational work experience course can be repeated. Currently, this is not all cooperative work experience, this exception that permits repetition of a credit course currently only applies to occupational work experience. (But watch the change to the regulation.)

Cooperative Work Experience General Work Experience Supervised employment that does not have to be related to student goals (focused on desirable general work habits, attitudes, and career awareness) May not be taken more than once When combined with Occupational Work Experience, cannot exceed 16 semester or 24 quarter hours Occupational Work Experience Supervised employment that must be related directly to student goals May re-enroll if: there is only one course in a field, not offered as a variable unit open entry/open-exit course, and not more than 8 credit hours or 12 quarter hours in one enrollment period When combined with General Work Experience, cannot exceed 16 semester or 24 quarter hours Only occupational work experience can be repeated pursuant to this exception. Not general.

Jasmine’s Nursing Course Hypo Is the Intro to Nursing course an occupational work experience course, and if so can Jasmine repeat it? No, it’s not supervised employment, so it’s not even cooperative work experience, much less an occupational work experience course meeting all of these requirements. It is possible that a nursing course might be an occupational work experience course.

Alleviation of Substandard Grades (§ 55042) Substandard academic work – D, F, FW, NP or NC If student received a substandard grade then student can seek to alleviate that as long as three enrollments is not exceeded, this total INCLUDES Ws. A student can petition for a fourth enrollment. District cannot claim apportionment for the enrollment. The first two enrollments can be excluded in computing GPA. Repeatable – only most recent substandard grade can be excluded. Read the Guidelines for more information and interplay between repeatable and alleviation.

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the exception that permits repetition to alleviate substandard grades? No, a C is not a substandard grade. (§ 55000(y).)

Special Classes (§ 55040(b)(7)) Students with disabilities can repeat a special class as special class is defined in § 56028 if: One of the circumstances set forth in section § 56029 is met: student’s success in other classes is dependent upon the repetition of the special class, the student needs to enroll in the special class to be prepared for enrollment in another regular or special class, OR the student’s educational contract specifies a goal in which additional enrollments in the special class will help further that goal. Special classes can no longer be designated as repeatable because they are special classes. Special classes are designed to address educational limitations of students with disabilities…. And yes, we know title 5 refers to them as repeatable, that is a technical glitch that it being fixed. Issues have arisen re: APE and repetition of those classes by “community members”. Really the reason for the repetition has to be tied to an educational need. Personal, physical and mental development and wellbeing alone without more probably isn’t sufficient to be considered “specific educational needs.”

Jasmine’s Nursing Course Hypo Can an Intro to Nursing Course be a special class and if so can Jasmine repeat it? It is unlikely that an Introduction to Nursing Course would be a special class as it would not meet the requirements of section 56028. Thus, it could not be repeated.

Significant Lapse of Time (§ 55043) Recency as a prerequisite for another community college course or program, or Other higher education institution’s recency requirement, and Prior grade must be satisfactory No less than 36 months – your district policy may require more than 36 months, district policy will prevail Except - Other higher education institution requires less than 36 months Active participatory courses in p.e., visual arts or performing arts are still limited to four times within the related courses. Except - One more permitted if already exhausted limit of four. Can now only be used in connection with a recency pre-req. That is a very major change. If there is no recency pre-req involved, this exception cannot be used any more.

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the significant lapse of time exception? Maybe, if your college or CSU has a recency prereq. and the req. time has passed (not going to in the future pass). What if your district policy is 48 months? And only 36 months have passed….NOPE. What if prior grade was a D? Nope, no way, no how.

Extenuating Circumstances (§§ 55040(b)(5), 55045) Student must file a petition Prior grade (substandard or passing) must be was, at least in part, a result of extenuating circumstances. Extenuating circumstances are verified cases of: accidents Illness, or other circumstances beyond the control of the student If repetition approved, policy may allow previous grade and credit to be disregarded in computing the student’s GPA

Jasmine’s Nursing Course Hypo Can John repeat the Intro to Nursing Course pursuant to the extenuating circumstances exception? What if, hypothetically, he was dating Julie B., and Julie broke up with him (because as she admits - John was out of her league) and he was so devastated he was unable to do his best work?

Legally Mandated (§ 55040(b)(8)) A student may repeat a course pursuant to the legally mandated exception if BOTH of the following conditions are met: the specific course or type of course is required by statute or regulation as a condition of employment, AND the student is employed or seeking to be employed for a paid or volunteer job for which the course is required. Maintain sufficient documentation to prove both conditions have been met.

An Example Waste water engineer – California Code of Regulations, title 22, section 63775 et seq., requires Water Treatment Operators to complete specialized training courses in drinking water safety in order to be issued or to renew his or her operator certificate. The certificate is required as a condition of employment as a waste water engineer and must be renewed every three years. (Cal. Code Regs., tit. 22, § 63840(d).) Can a student repeat a course which is “specialized training covering the fundamentals of drinking water treatment” within the meaning of section 63775 of title 22 of the California Code of Regulations, pursuant to the legally mandated exception? Yes. If a student successfully completing the course offered by your college would meet one or more of the regulatory requirements to obtain or renew his or her Water Treatment Operator Certificate, then the course is considered “legally mandated” and a student may repeat the course pursuant to that exception. It is not necessary that the course itself be specified by the regulation or statute as long as a fairly specific topic is identified for the course (specialized training course in drinking water safety) and that the regulating body accept the college course to fulfill that requirement. What documentation would you require? Copy of regulations Indicia of employment, or indicia that the student is seeking employment as a waste water engineer. And indicia that certificate is a requirement of the student’s employment.

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the legally mandated exception? Not likely, but the CPR course could certainly be repeated.

Significant Change in Industry or Licensure Standards (§ 55040(b)(9)) A student may repeat a course pursuant to the significant change in industry or licensure standards exception if BOTH of the following conditions are met: that there has been a significant change in the industry or licensure standards since the student previously took the course, AND the student must take the course again for employment or licensure. Maintain sufficient documentation to prove both conditions have been met. Building codes change – inspectors get told to take updated course or they don’t have a job and/or license. But, let’s say CPR standards change, even though old course not expired, if hospital requires sooner update, then the nurse can take that course.

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the significant change in industry or licensure standard? Again, not likely. But perhaps the CPR course… But, let’s say CPR standards change, even though old course not expired, if hospital requires sooner update, then the nurse can take that course.

Variable Unit OE/OE Course (§ 55044) For the exception to apply that allows repetition the variable unit course must be offered on an open-entry/open-exit basis. Student can enroll as many times as necessary to complete one time the entire curriculum of course. Repetition of a component of the variable unit course very limited! Cannot repeat p.e., visual arts or performing arts courses pursuant to this exception. -not occupational work experience

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the variable unit oe/oe exception? If the course were offered on an open entry open exit basis for variable units, yes, but very unlikely it ever would be.

Apportionment for Credit Course Enrollment (§ 58161) Limit of 3 enrollments, any which way the student gets there… +1 provision= If a student petitions and the district approves, a district may claim apportionment for 1 additional enrollment for: Extenuating circumstance Significant lapse of time Except (but all student requirements must be met): MW Legally mandated training Significant change in industry or licensure standards Disability related accommodation for special classes Variable unit open entry/open exit courses (note: evaluative/non-evaluative symbol must be recorded) Occupational work experience Extraordinary condition

Academic Renewal (§ 55046) Not an exception that permits repetition of a credit course. Districts may adopt a policy that permits the alleviation of previously recorded substandard academic work which is not reflective of a student’s demonstrated ability. Policies must comply with very specific requirements. All work, including prior work, must remain on transcript (legible).

Jasmine’s Nursing Course Hypo Can Jasmine repeat the Intro to Nursing Course pursuant to the academic renewal regulation? NO, this was a trick question. NO, this was a trick question.

“One and Done” Concept B A When a student obtains a satisfactory grade…they are done. B Additional Exception A Significant Lapse of Time (if previous grade is satisfactory and other requirements met)

“One and Done” Concept F A One (Satisfactory Grade) and Done Concept Alleviation of Substandard Grade F A One (Satisfactory Grade) and Done Concept

“One and Done” Concept F A A Alleviation of Substandard Grade Additional Exception A Significant Lapse of Time (if previous grade is satisfactory)

“One and Done” Concept W W W F A By Petition Alleviation of Substandard Grade or Withdrawals By Petition W W W GRADE Additional Exception F Significant Lapse of Time (if previous grade is satisfactory) A Extenuating Circumstances

What about Apportionment?

“One and Done” Concept + Apportionment When a student obtains a satisfactory grade…they are done. B Additional Exception A Significant Lapse of Time (if previous grade is satisfactory and other requirements have been met)

“One and Done” Concept + Apportionment Alleviation of Substandard Grade F A One (Satisfactory Grade) and Done Concept

“One and Done” Concept + Apportionment Alleviation of Substandard Grade F A Additional Exception A Significant Lapse of Time (if previous grade is satisfactory)

“One and Done” Concept + Apportionment Alleviation of Substandard Grade or Withdrawals By Petition By Petition W W W GRADE Additional Exception Significant Lapse of Time (if previous grade is satisfactory) F A Extenuating Circumstances

Parting Notes Limits were not put in place to compel colleges to find workarounds. The assumption is a student takes a course one time unless an exception permits the repetition. If an exception permits the repetition keep whatever records are needed to prove to a third party the repetition was permitted pursuant to that exception. Especially true of physical education.

Our Exec. VC took this picture at a college this summer Technically no prohibition, but these are still pe course, and limits applicable to pe courses still apply which we will be discussing in a bit.

Resources Credit Course Repetition Guidelines - START HERE! http://extranet.cccco.edu/Portals/1/AA/Credit/2013Files/CreditCourseRepetitionGuidelinesFinal.pdf FAQs – coming soon Credit course repetition team – first check the Guidelines and then route request through your CIO and/or your CSSO to courserep@cccco.edu And, of course, check your district policy.

Comments or Questions?