BILL NUMBER: AB 2382	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member Blumenfield
   (Coauthors: Assembly Members Adams, Buchanan, Galgiani, Saldana,
 Smyth,  and Audra Strickland)
   (Coauthors: Senators  Strickland   Padilla,
  Strickland,  and Wyland)

                        FEBRUARY 19, 2010

   An act to add Article 4.7 (commencing with Section 66042) to
Chapter 2 of Part 40 of Division 5 of Title 3  of, and to repeal
Section 66042.3 of,  of the Education Code, relating to public
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2382, as amended, Blumenfield. California State University:
Doctor of Physical Therapy degrees.
   Existing law, known as the Donahoe Higher Education Act, sets
forth, among other things, the missions and functions of California's
public and independent segments of higher education, and their
respective institutions of higher education. Provisions of the act do
not apply to the University of California unless the regents of the
university act, by resolution, to make them applicable.
   Among other things, the act provides that the University of
California has exclusive jurisdiction in public higher education to
award the doctoral degree in all fields of learning, except that it
may agree with the California State University to award joint
doctoral degrees in selected fields. With respect to doctoral
degrees, the act limits the California State University to awarding
these degrees jointly with the University of California, as described
above, or jointly with independent institutions of higher education,
provided that the proposed doctoral program is approved by the
California Postsecondary Education Commission.
   This bill would instead authorize the California State University
to award the Doctor of Physical Therapy degree. This bill would
require the degree to be distinguished from doctoral degree programs
at the University of California.
   The bill would require that the Doctor of Physical Therapy degree
offered by the California State University be focused on preparing
physical therapists to provide health care services and shall be
consistent with meeting requirements of the Commission on
Accreditation in Physical Therapy Education. The bill would require
that each student in the programs authorized by the bill be charged
fees no higher than the rate charged for students in state-supported
programs in physical therapy at the University of California.
   The bill would require the California State University, the
Department of Finance, and the Legislative Analyst's Office to
jointly conduct a statewide evaluation of the new programs
implemented under the bill. The bill would specify topics to be
included in this evaluation, and would require that the evaluation be
submitted to the Legislature and the Governor on or before January
1, 2015.  This provision would be repealed on January 1, 2019.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares
both of the following:
   (a) Since its adoption in 1960, the Master Plan for Higher
Education has served the state well, allowing California to create
the largest and most distinguished higher education system in the
nation.
   (b) Because of the need to prepare and educate increased numbers
of physical therapists, it is the intent of the Legislature to grant
the California State University authority to offer the Doctor of
Physical Therapy degree as an exception to the Master Plan for Higher
Education. 
   SEC. 2.   SECTION 1.   Article 4.7
(commencing with Section 66042) is added to Chapter 2 of Part 40 of
Division 5 of Title 3 of the Education Code, to read:

      Article 4.7.  Doctoral Programs in Physical Therapy


   66042.  Notwithstanding 
    66042.   (a) The Legislature finds and declares both
of the following:  
   (1) Since its adoption in 1960, the Master Plan for Higher
Education has served to create the largest and most distinguished
higher education system in the nation. A key component of the Master
Plan for Higher Education is the differentiation of mission and
function, whereby doctoral and identified professional programs are
limited to the University of California, with the provision that the
California State University can provide doctoral education in joint
doctoral programs with the University of California and independent
California colleges and universities. The differentiation of function
has allowed California to provide universal access to postsecondary
education while preserving quality.  
   (2) Because of the need to prepare and educate increased numbers
of physical therapists, the State of California is granting the
California State University authority to offer the Doctor of Physical
Therapy degree as an exception to the differentiation of function in
graduate education that assigns sole authority among the California
higher education segments to the University of California for
awarding doctoral degrees independently. This exception to the Master
Plan for Higher Education recognizes the distinctive strengths and
respective missions of the California State University and the
University of California. 
    (b)     Pursuant to subdivision (a), and
notwithstanding  Section 66010.4, in order to meet specific
physical therapy education needs in California, the California State
University may award the Doctor of Physical Therapy (D.P.T.) degree.
The authority to award degrees granted by this article is limited to
the discipline of physical therapy. The Doctor of Physical Therapy
degree offered by the California State University shall be
distinguished from doctoral degree programs at the University of
California.
   66042.1.  In implementing Section 66042, the California State
University shall comply with all of the following requirements:
   (a) Funding on a per full-time equivalent student (FTES) basis for
each new student in these degree programs shall be from within the
California State University's enrollment growth levels as agreed to
in the annual Budget Act. Enrollments in these programs shall not
alter the California State University's ratio of graduate instruction
to total enrollment, and shall not diminish enrollment growth in
university undergraduate programs. Funding provided from the state
for each FTES shall be at the agreed-upon marginal cost calculation
that the California State University receives.
   (b) The Doctor of Physical Therapy (D.P.T.) degree offered by the
California State University shall be focused on preparing physical
therapists to provide health care services, and shall be consistent
with meeting the requirements of the Commission on Accreditation in
Physical Therapy Education (CAPTE).
   (c) Nothing in this article shall be construed to limit or
preclude the California Postsecondary Education Commission from
exercising its authority under Chapter 11 (commencing with Section
66900) to review, evaluate, and make recommendations relating to any
and all programs established under this article.
   (d) Each student in the programs authorized by this article shall
be charged fees no higher than the rate charged for students in
state-supported doctoral degree programs in physical therapy at the
University of California, including joint D.P.T. programs of the
California State University and the University of California.
   (e) The California State University shall provide any startup
funding needed for the programs authorized by this article from
within existing budgets for academic programs support, without
diminishing the quality of program support offered to California
State University undergraduate programs. Funding of these programs
shall not result in reduced undergraduate enrollments at the
California State University.
   66042.3.   (a)    The California State
University, the Department of Finance, and the Legislative Analyst's
Office shall jointly conduct a statewide evaluation of the new
programs implemented under this article. The results of the
evaluation shall be reported, in writing, to the Legislature and the
Governor on or before January 1, 2015. The evaluation required by
this section shall consider all of the following: 
   (a) 
    (1)  The number of new doctoral programs in physical
therapy implemented, including information identifying the number of
new programs, applicants, admissions, enrollments, and degree
recipients. 
   (b) 
    (2)  The extent to which the programs established under
this article are fulfilling identified needs for physical therapists,
including statewide supply and demand data that considers capacity
at the University of California and in California's independent
colleges and universities. 
   (c) 
    (3)  Information on the place of employment of students
and the subsequent job placement of graduates. 
   (d) 
    (4)  Program costs and the fund sources that were used
to finance these programs, including a calculation of cost per degree
awarded. 
   (e) 
    (5)  The costs of the programs to students, the amount
of financial aid offered, and student debt levels of graduates of the
programs. 
   (f) 
    (6)  The extent to which the programs established under
this article are in compliance with the requirements of this article.

   (b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
 
   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2019.