BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: AB 611
AUTHOR: Gordon
AMENDED: March 22, 2011
FISCAL COMM: Yes HEARING DATE: June 15, 2011
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Private postsecondary education: unaccredited
doctoral programs.
SUMMARY
This bill prohibits an institution from offering an
unaccredited doctoral degree program without making certain
disclosures to students, as specified.
BACKGROUND
Existing law, the Private Postsecondary Education Act (Act),
provides, among other things, for student protections and
regulatory oversight of private postsecondary schools in the
state and prohibits private postsecondary education
institutions from certain conduct, including conduct related
to false advertising and inappropriate student recruitment
activities. The Act establishes the Bureau for Private
Postsecondary Education (BPPE) within the Department of
Consumer Affairs (DCA) to oversee and regulate specified
private postsecondary institutions and to enforce the
provisions of the Act. (Business and Professions Code § 27
et. seq. and Education Code § 94897)
ANALYSIS
This bill prohibits a private postsecondary educational
institution from offering an unaccredited doctoral degree
program without disclosing to prospective students prior to
enrollment, that the degree program is unaccredited, whether
the degree issued is in a field that requires licensure in
California, and any known limitation of the degree,
including, but not limited to, whether the degree is
recognized for licensure or certification in California and
other states.
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STAFF COMMENTS
1) History : The Private Postsecondary and Vocational
Education Reform Act of 1989 established the Bureau for
Private Postsecondary and Vocational Education (BPPVE)
in the Department of Consumer Affairs for the purpose of
approving and regulating private postsecondary and
vocational educational institutions in California. The
provisions governing the operation and administration of
the BPPVE and the approval and regulation of the private
postsecondary and vocational institutions became
inoperative on July 1, 2007, and were repealed as of
January 1, 2008. AB 1525 (Cook, Chapter 67, 2007)
declared legislative intent to protect students, allowed
for the continuation of matters pending before Bureau
for Private Postsecondary and Vocational Education
(BPPVE), and provided for minimal oversight of
institutions by Department of Consumer Affairs (DCA)
until February 1, 2008. SB 45 (Perata, Chapter 635,
2007) extended limited DCA oversight of private
postsecondary schools from February 1, 2008 to July 1,
2008. AB 48 (Portantino, Chapter 310, 2009)
re-established the state regulation of private
postsecondary educational institutions in California by
a bureau within the DCA.
2) Purpose . According to the author's office, ensuring
unaccredited doctoral degree programs disclose certain
information, including any known limitations of the
unaccredited degree and whether the degree is recognized
for licensure or certification in other states will
further protect consumers who decide to participate in
these programs. Currently, unaccredited doctoral
programs are not required to disclose their
accreditation status and related limitations in
California or in other states. The purpose of this bill
is to improve access to information for potential
students before they make investments in their
education.
According to the Senate Business, Professions and Economic
Development Committee analysis, recent reports and
hearings on the abuses and pitfalls in the for-profit
postsecondary education industry provides a rationale
for greater transparency. According to information
provided by the author, from 1998 to 2008, enrollment in
for-profit schools jumped 236%, far outpacing growth in
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public and nonprofit private schools, which grew by
approximately 20%. On average, only 22% of students at
for-profit schools will earn degrees from those
institutions within six years, compared to 55% and 65%
at public and private nonprofit colleges and
universities, respectively. The author also notes that
a quarter of borrowers who attend for-profit colleges
and entered repayment on their loans in 2008 defaulted
within three years; a higher rate than any other sector
in postsecondary education. To the extent that
potential students will have more information about the
degree programs to which they apply, this bill could
help consumers make fully informed decisions about their
investment before entering into costly loan agreements
for programs that may not lead to employment in the
intended field.
3) Role of accreditation . Accreditation is a voluntary,
non-governmental peer review process utilized for the
purpose of determining academic quality of higher
education institutions and degree programs. The Western
Association of Schools and Colleges (WASC) is one of six
regional accrediting bodies recognized by the United
States Department of Education and the Council for
Higher Education Accreditation. Generally speaking,
professions that require certification or licensure as a
prerequisite for employment (such as education, health
care, or counseling), require degrees from an accredited
institution of higher education. This bill seeks to
increase transparency and student protections by
ensuring that students enrolling in unaccredited
doctoral degree programs at private postsecondary
institutions are aware of the limitations imposed by a
degree program that is unaccredited.
4) Related and prior legislation .
AB 1889 (Portantino, 2010) included similar provisions to AB
611, was vetoed by Governor Schwarzenegger due to
concerns over unrelated provisions in the bill regarding
bureau employment requirements.
AB 48 (Portantino, Chapter 310, 2009) re-established the
state regulation of private postsecondary educational
institutions in California by a bureau within the DCA.
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SUPPORT
California Psychological Association
OPPOSITION
None received.