BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 760 (Alquist) Hearing Date: 05/23/2011 Amended: 05/09/2011 Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 9-0 _________________________________________________________________ ____ BILL SUMMARY: SB 760 would define and further specify reporting requirements enacted in SB 70 (Chapter 7, Statutes of 2011) for institutions that participate in the voluntary Cal Grant program. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Delay reporting requirements ---- Cost pressure*---- General Increased reporting Potentially significant ongoing cost pressure; General Potentially significant savings *Ongoing cost pressure created by SB 70 is delayed to 2012-13. _________________________________________________________________ ____ STAFF COMMENTS: This bill may meet the criteria for referral to the Suspense File. The Cal Grant Program is administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students in order for them to attend college. These grants are awarded to assist with the costs of a program of study that result in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or results in eligibility to transfer from a community college to a baccalaureate degree program. (EC § 69430 et. seq.) Recently enacted law, under SB 70 (Chapter 7, Statutes of 2011), SB 760 (Alquist) Page 1 requires as a condition of voluntary participation in the Cal Grant program, each Cal Grant participating institution to provide the CSAC with enrollment, persistence, and graduation data for all students and job placement rate and salary data and wage information for each program that is either: 1) designed or advertised to lead to a particular type of job; or 2) advertised or promoted with any claim regarding job placement. (Education Code § 69433.2) The Cal Grant reporting requirements enacted in SB 70 will be very costly for institutions that participate in the Cal Grant program. In order to collect data required for the report, institutions may require increased staff time, upgraded technology and programming, and new processes for data collection and reporting. Implementing the reporting requirements of SB 70 in California Community Colleges (CCCs) alone will likely incur tens of millions of dollars in upfront costs to upgrade processes and infrastructure, as well as millions of dollars in annual ongoing costs. While SB 70 is not a mandate, because participation in the Cal Grant program is voluntary, it is unlikely that CCCs, California State University, and the University of California would stop participating in a program that provides substantial support the students attending those institutions. SB 70 created substantial cost pressure to incur reporting costs to comply with Cal Grant regulations. This bill is intended to be a clean-up bill to implement SB 70. However, in attempting to define the terms used in SB 70 and elaborating on its reporting requirements, this bill creates more extensive reporting requirement in certain respects. In other respects, this bill may reduce reporting requirements. For example, SB 70 (existing law) requires that Cal Grant participating institutions report to CSAC "Enrollment, persistence, and graduation data for all students, including aggregate information on Cal Grant recipients." This bill expands a single, vague sentence in existing law to require: (a) Enrollment data, including enrollment status and whether the student is a first-time student, continuing or returning student, transfer student, or other student; (b) Persistence data, including a student's educational level; (c) Graduation data, including whether a degree or certificate was conferred and the on-time completion rate by cohort based on date of SB 760 (Alquist) Page 2 initial enrollment and by degree and certificate, for each California campus identified under the same six-digit federal Office of Postsecondary Education identification number, and in the aggregate for all the institution's campuses and locations. This bill's requirements potentially exceed the requirements of SB 70, because it is unclear what "enrollment, persistence, and graduation data" would have encompassed absent further explanation, and participating institutions could have provided less data than what this bill requires. However, absent statutory clarification, interpreting the requirements of SB 70 would be left up to the CSAC as the program administrator. The CSAC has indicated that it views these provisions as clarifying; thus, in the absence of this bill, the CSAC may interpret and enforce vague reporting requirements in the same manner as this bill does. SB 70 also required that participating institutions report the job placement rate and salary and wage information for "each program that is either (1) designed or advertised to lead to a particular type of job; or (2) advertised or promoted with any claim regarding job placement." This bill requires that same type of information, but in both aggregate and disaggregate forms across campuses and programs. While this bill does require more extensive reporting, the primary costs will be driven by collecting information that institutions may not currently collect on students who have completed their studies. For example, the CCCs do not systematically collect information in future years on students who have completed career technical training at their institutions. There will likely be additional costs to reporting the information in a more extensive way, but the most substantial costs will come from the SB 70 requirements to collect that information. The state primarily funds the CCCs, and cost pressure to comply with these requirements to allow CCC students the opportunity for financial aid is direct cost pressure on the state General Fund (Prop 98). This bill further specifies that the CSAC may use data already available from federal agencies and other state agencies in lieu of requiring institutions to report, if the CSAC determines that the data is sufficient. That allowance is not permitted under SB 70. To the extent that data from federal agencies can be used in lieu of requiring institutional reporting, there will be reduced costs for participating institutions. This bill also delays to SB 760 (Alquist) Page 3 July 1, 2013 all reporting requirements that would otherwise go into effect July 1, 2012. In the absence of this bill, the SB 70 reporting requirements and expense to comply will be realized a year earlier and concentrated in a single fiscal year. To the extent that this bill does, in fact, increase reporting requirements above those enacted in SB 70, it could reduce Cal Grant participation by both public and private institutions. This would result in state savings from reducing grant amounts paid, but could result in a variety of unintended consequences for financially needy students and the educational institutions that serve them.