BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 515
                                                                  Page  1

          Date of Hearing:   April 12, 2011

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                    AB 515 (Brownley) - As Amended:  April 5, 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)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).

          2)Requires an extension program to meet the following 
            requirements:

             a)   Self-supporting, and all costs associated with the 
               program must be recovered;

             b)   Open to the public;

             c)   Developed in conformance with the Education Code and 
               Title 5 of the California Code of Regulations governing CCC 
               credit courses; and,

             d)   Subject to collective bargaining agreements.

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

          4)Prohibits credit extension courses from supplanting courses 
            funded with state apportionments or reducing state-funded 
            course sections needed by students to achieve basic skills, 
            workforce training, or transfer goals, with the intent of 
            reestablishing those course sections as part of the extension 
            program, and requires CCC district governing boards to 
            annually certify compliance with these requirements by board 
            action taken at a regular session of the district governing 
            board.








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          5)Allows CCC district governing boards to charge students 
            enrolled in extension classes a fee not to exceed the cost of 
            maintaining extension courses, which shall include the actual 
            cost of instruction, the cost of necessary equipment and 
            supplies, student services and institutional support costs, 
            and other costs of the district used in calculating the costs 
            of education for nonresident students.

          6)Requires degree credit courses offered as extension courses to 
            meet all of the requirements in subdivision (a) of Section 
            55002 of Title 5 of the California Code of Regulations, as 
            specified, which governs the development and approval of new 
            curriculum for CCC credit courses.

          7)Requires each CCC district maintaining an extension program to 
            do the following:

             a)   Collect and keep records that measure student 
               participation, student demographics, and student outcomes 
               in a manner consistent with measures collected by CCC 
               districts in regular credit programs supported through 
               state apportionment, including an analysis of program 
               effects, if any, on district workload and district 
               financial status. 

             b)   Submit this information to the CCC Chancellor's office 
               by October 1 of each year for each participating college.

          8)Requires the CCC Chancellor to submit all CCC district 
            information to the Legislative Analyst by November 1 of each 
            year.  

          9)Requires the Legislative Analyst to submit to the Legislature, 
            by January 1, 2015, a written report that includes a summary 
            of the information provided to the CCC Chancellor, an 
            assessment of the extent to which CCC extension programs are 
            operated in a manner consistent with the provisions of this 
            bill, and suggestions to the Legislature for needed statutory 
            improvements.

          10)Sunsets and repeals these provisions on January 1, 2019, 
            unless a later-enacted statute deletes or extends that date.

           EXISTING LAW  :








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

           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 provides 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, 








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          basic skills, and career technical education courses in 
          implementing budget reductions.  

          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 available primarily at 
          for-profit institutions at a higher cost than CCCs would charge.
           
           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 the BOG Fee Waiver.  
          The author may wish to consider explicitly authorizing Cal Grant 
          eligibility for extension programs.

           Applicability of existing statutes, regulations, and collective 
          bargaining agreements  .  Existing collective bargaining 
          agreements and the 75/25 full-time to part-time faculty ratio 
          should 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 extend by one year the sunset date on AB 1943 (Nava), 
          Chapter 817, Statutes of 2006, which deleted the requirement 
          that the CCC Board of Governors 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 Board of Governors.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          College of the Canyons 
          Santa Monica College 








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

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