BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 515
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          Date of Hearing:   March 29, 2011

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                AB 515 (Brownley) - As Introduced:  February 15, 2011
           
          SUBJECT  :   Public postsecondary education: community colleges: 
          extension program.

           SUMMARY  :   Authorizes California Community College (CCC) 
          districts to implement extension programs offering credit 
          courses without the approval of the CCC Board of Governors.  
          Specifically,  this bill  :  

          1)Codifies Legislative intent to provide local communities with 
            additional flexibility to meet community workforce needs in 
            areas such as advanced technology and workforce development; 
            to provide the public access to credit programs offered under 
            contracted arrangements with other agencies and companies; to 
            address existing limitations in access to extension programs 
            due to geographic issues; to augment use of local CCC 
            facilities; and to provide other benefits both tangible and 
            intangible.

          2)Authorizes the governing board of any CCC district to 
            establish and maintain an extension program offering credit 
            courses without the approval of the CCC Board of Governors 
            (BOG).

          3)Prohibits the CCC district governing boards from expending 
            General Fund moneys to establish and maintain extension 
            courses.

          4)Allows CCC district governing boards to charge students 
            enrolled in extension classes such fees as they deem 
            appropriate.

          5)Requires degree credit courses offered as extension courses to 
            meet all of the requirements of Title 5 of the California Code 
            of Regulations, as specified, which governs the development 
            and approval of new curriculum for CCC credit courses.

           EXISTING LAW  :

          1)Authorizes CCC districts, without the approval of the CCC BOG, 








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            to operate fee-based community service not-for-credit classes 
            in civic, vocational, literacy, health, homemaking, technical, 
            and general education, as specified.  CCC districts may not 
            receive General Funds to support these programs.

          2)Authorizes CCC districts to establish fee-based contract 
            education programs by agreement with any public or private 
            agency, corporation, association, or any other person or body, 
            to provide specific educational programs or training to meet 
            the specific needs of these bodies.  CCC districts may not 
            receive General Funds to support these programs, and the 
            programs are not open to the public. 

           FISCAL EFFECT  :   Unknown.  This bill is tagged nonfiscal by 
          Legislative Counsel.

           COMMENTS  :    Background  .  CCCs offer four basic types of 
          instruction, including credit, noncredit, community service, and 
          contract education.  Noncredit, community service, and contract 
          education courses do not generate maximum apportionment for CCC 
          districts as do credit courses.  Title 5 of the California Code 
          of Regulations provide a framework for the development and 
          approval of new curriculum at any CCC district or college, and 
          no course can be offered without thorough local review.

           Need for the bill .  According to the author, through extension 
          programs CCC could expand course offerings to meet local 
          workforce needs at no additional cost to the state, provide 
          additional credit courses to meet student demand, more fully 
          utilize facilities, and provide greater access to CCC courses 
          because they could be offered closer to home and work.  

           Budget cuts and course reductions  .  Ongoing budget shortfalls 
          and the economic downturn have combined to increase CCC 
          enrollment as the State has reduced CCC's budget, resulting in 
          greater student demand for CCC courses than the system can 
          accommodate.  Consequently, according to CCC Chancellor Jack 
          Scott, approximately 140,000 students have effectively been 
          denied CCC access, over 95% of all classes are at capacity, and 
          an estimated 10,000-15,000 students are on wait lists for 
          courses.  A proposed $400 million reduction in the Governor's 
          2011-12 Budget will likely result in more course reductions, 
          closing the doors to an anticipated 350,000 students.  In recent 
          years the Legislature has directed CCC to prioritize transfer, 
          basic skills, and career technical education courses in 








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          implementing budget reductions.  

           Extension is not defined  .  This bill does not define "extension 
          program" or the types of programs that an extension program may 
          offer.  While this bill includes language expressing legislative 
          intent that these programs would extend contract education 
          courses to the public, it also includes language that the 
          extension programs provide "other benefits both tangible and 
          intangible."  Staff suggests the intent language be removed, and 
          "extension program" be clearly defined and include greater 
          specificity about the courses that may be offered and the 
          requirement that the programs be open to the public. 
           
           What courses will be offered  ?  According to sponsors, Santa 
          Clarita Community College District and Santa Monica Community 
          College District, CCC extension programs would typically operate 
          in parallel with State-funded programs, either as separate 
          sections offered during the spring or fall semester or quarter, 
          or possibly as separate sessions during winter or summer.  The 
          sponsors also indicate that they would offer workforce training 
          and degree programs that are currently only available primarily 
          at for-profit institutions at a higher cost than CCCs would 
          charge.
           
           Will extension courses supplant State-supported courses  ?  
          According to the author, students in CCC extension programs 
          would not displace or compete with students enrolled in CCC 
          State-funded classes.  However, nothing in this bill would 
          preclude extension courses from supplanting State-supported 
          courses.  Staff recommends an amendment that would mirror 
          statute guiding the California State University's 
          self-supporting special session courses, as follows: "The 
          self-supporting extension courses shall not supplant regular 
          course offerings available on a non-self-supporting basis during 
          the regular academic year."

          Further, since CCC extension programs may be implemented without 
          CCC BOG approval or oversight, the Committee may wish to 
          consider whether this broad expansion of CCC district authority 
          should be more closely monitored.  Staff recommends an amendment 
          to establish a sunset date of December 31, 2019, and require the 
          Legislative Analyst's Office to report to the Legislature by 
          January 1, 2019, on the programs approved under this act. 

           Fee level  .  This bill allows CCC governing boards to charge 








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          students enrolled in extension courses "such fees as they deem 
          appropriate."  The Committee may wish to consider whether more 
          specificity should be provided.  For example, should fees be 
          tied to the cost of the course? 

           Financial aid  .  If the same programs were offered through 
          extension as those offered through the State-supported program, 
          students would likely be eligible for federal aid.  According to 
          the California Student Aid Commission, if the U.S. Department of 
          Education deems extension courses eligible for federal aid, they 
          would be eligible for Cal Grant awards, as well.  However, 
          extension courses would not be eligible for BOG Fee Waivers. 

           Applicability of existing statutes, regulations, and collective 
          bargaining agreements  .  Existing collective bargaining 
          agreements and the 75/25 full-time to part-time faculty ratio 
          would appear to apply to extension programs because faculty 
          would be teaching credit courses.  However, the 50% law, which 
          requires at least 50% of state expenditures to be spent on 
          instruction, would not.   

           Related legislation  .  AB 1029 (Lara), pending in this Committee, 
          would remove the sunset date on AB 1943 (Nava), Chapter 817, 
          Statutes of 2006, which deleted the requirement that the CCC BOG 
          approve stand-alone credit courses offered by CCCs and 
          authorized CCC districts to offer stand-alone credit courses 
          that are not part of an educational program without prior 
          approval by the CCC BOG.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          College of the Canyons 
          Santa Monica College (sponsor) 

           Opposition 
           
          California Federation of Teachers
          Faculty Association of the California Community Colleges

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916) 
          319-3960 









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