BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1456
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          Date of Hearing:   June 19, 2012

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                   SB 1456 (Lowenthal) - As Amended:  June 11, 2012

           SENATE VOTE  :   35-1
           
          SUBJECT  :   Community colleges:  Seymour-Campbell Student Success 
          Act of 2012.

           SUMMARY  :   Establishes new requirements to be met by low-income 
          students in order to receive a Board of Governor's (BOG) fee 
          waiver at the California Community Colleges (CCC), revises and 
          recasts the Seymour-Campbell Matriculation Act of 1986 as the 
          Seymour-Campbell Success Act of 2012, and establishes new 
          requirements to be met in order for CCC districts to receive 
          matriculation funds.  Specifically,  this bill  :   

          1)Finds that the Student Success Task Force (SSTF), established 
            pursuant to SB 1143 (Liu), Chapter 401, Statutes of 2010, 
            issued 22 recommendations to improve CCC student outcomes-two 
            of which are contained in this bill-and full 
            scale-implementation of the SSTF recommendations will require 
            greater state investment in student support services, more 
            faculty, and increased support for part-time faculty.

          2)Establishes new requirements to be met by students in order to 
            be eligible for a waiver of the community college per unit fee 
            BOG fee waiver, as follows:

             a)   Requires CCC students to meet academic and progress 
               standards as defined by the BOG and to demonstrate 
               financial need, as specified in order to be eligible for a 
               BOG fee waiver.

             b)   Requires the BOG, in consultation with students, 
               faculty, and other key stakeholders to develop policies for 
               determination of the conditions outlined in (1) above and 
               specifically directs that the BOG consider the following:

               i)     Minimum uniform academic performance and progress.

               ii)    Criteria for reviewing extenuating circumstances and 
                 granting appeals.








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               iii)   A process for reestablishing fee waiver eligibility.

             c)   Requires the BOG to establish a reasonable phased-in 
               implementation period for the policies outlined above to 
               ensure that students are not unfairly impacted by the new 
               requirements and to provide students with adequate 
               notification of requirements and information about support 
               services. 

             d)   States legislative intent that academic and progress 
               standards defined above be implemented only as campuses 
               develop and implement the student support services and 
               interventions necessary to ensure no disproportionate 
               impact to students based on ethnicity, gender, or 
               socioeconomic status. 

          3)Renames and revises the Seymour-Campbell Matriculation Act of 
            1986 as the Seymour-Campbell Student Success Act of 2012 and 
            changes the requirements to be met in order to receive 
            matriculation funds as follows:

             a)   Revises the declaration of the Legislature's intent to 
               provide students with resources and support to establish 
               informed educational goals, optimize student's success in 
               completing their goals/studies, recognize the shared 
               responsibility of the institution and student for success, 
               and target state resources to provide critical student 
               services and identify delivery mechanisms to reach a 
               greater number of students. 

             b)   Redefines matriculation services and the purposes of the 
               Act to be:

               i)     Increased student access and success by providing 
                 orientation, assessment and placement, counseling and 
                 education planning and academic intervention services. 

               ii)    Focus on entering students' transition into college 
                 with a priority toward serving students who enroll to 
                 earn degrees, career technical certificates, or transfer 
                 preparation or career advancement.

               iii)   Target state resources on core matriculation 
                 services critical to increasing student ability to reach 








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                 their academic and career goals.

               iv)    Focus funding on core areas and leverage technology 
                 to more efficiently and effectively serve and provide a 
                 greater number of students with a solid foundation and 
                 opportunity for success in the community colleges. 

             c)   Establishes the institution's responsibility to include 
               the provision of student services to support their academic 
               success and ability to achieve their educational goals and 
               to include, but not be limited to:

               i)     Orientation services, as specified.

               ii)    Administration of assessments, as specified.

               iii)   Counseling and education planning services, as 
                 specified. 

             d)   Expands the responsibilities to be met by students to 
               include, but not be limited to:

               i)     Declaration of a course of study after a specified 
                 time period or unit accumulation, as defined by the BOG.

               ii)    Maintenance of academic progress toward an 
                 educational goal and course of study as identified in the 
                 student's education plan.

             e)   Requires that funding for the Student Success and 
               Support program to be targeted to fully implement 
               orientation, assessment, counseling and advising, and other 
               education planning services, and to assist students in 
               making informed decisions about educational goals, courses 
               of study and the development of an education plan. 

             f)   Requires that districts and colleges use a system of 
               common assessment, as defined, once adopted by the BOG, and 
               authorizes districts and colleges to use supplemental 
               measures for course placement. 

             g)   Using accountability metrics, as specified, requires 
               participating districts to evaluate the effectiveness of 
               their programs and services in helping students: 









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               i)     Define goals and declare courses of study. 

               ii)    Assess student needs and valid course placement. 

               iii)   Support successful completion of degree certificate 
                 or transfer objectives. 

             h)   Requires the BOG, in consultation with students, 
               faculty, student services administrators, and other key 
               stakeholders, to establish policies and processes (to be 
               phased in over a reasonable period of time as determined by 
               the BOG and in consideration of the resources available to 
               provide core services to ensure students are not unfairly 
               impacted by these requirements) for:

               i)     Requiring all nonexempt students to complete 
                 orientation and assessment and to develop education 
                 plans.

               ii)    Exempting students from participation in 
                 orientation, assessment, or required education planning 
                 services.

               iii)   Requiring districts to adopt a student appeal 
                 process.

             i)   Requires the BOG to develop a formula for allocating 
               Student Success Act funds that considers, among other 
               things, the number of students who receive orientation 
               assessment, counseling and advising, and other education 
               planning services. 

             j)   Requires that a district that receives matriculation 
               funds agree to implement these provisions, common 
               assessment and the accountability scorecard.

             aa)  Authorizes the BOG to identify other non-instructional 
               support services that can be funded under matriculation, if 
               a district is able to fully implement in person or 
               technology strategies for orientation, assessment, and 
               education planning services.

             bb)  Requires the BOG to require participating colleges to 
               develop a Student Success and Support Program plan that 
               reflects, among other things:








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               i)     A description of the college's process to identify 
                 students at risk for academic or progress probation and 
                 the plan for student interventions or services.

               ii)    Coordination with college student equity plan to 
                 ensure identification of strategies to monitor and 
                 address equity issues and mitigate any disproportional 
                 impacts on student access and achievement.

               iii)   The extent to which the CCC is able to develop 
                 partnerships with feeder high school districts, workforce 
                 agencies, and other community partners to assist entering 
                 students in career and educational exploration and 
                 planning and leverage resources to support a successful 
                 transition to college and career.

             cc)  Makes the matriculation provisions of the bill 
               operative, beginning in 2012-13, contingent upon the 
               specific appropriation of funds for these purposes. 

             dd)  Repeals the requirements that the CCC maintain career 
               resource and placement centers, programs to instruct 
               staff/faculty on performance of matriculation services, 
               orientation programs, as specified, and publicity programs. 


             ee)  Requires the LAO to review and report to the Legislature 
               by July 1, 2014, as specified.

           EXISTING LAW  :

          1)Requires the BOG to charge each student a $46 per unit per 
            semester fee effective with the summer term of 2012, except 
            for students enrolled in noncredit courses, California State 
            University, and University of California students enrolled in 
            remedial courses offered by the CCC, and students enrolled in 
            credit contract education courses where the full cost of the 
            course is paid by the contracting entity.  Current law also 
            authorizes an exemption from these fees for special part-time 
            students. 

          2)Existing law (Education Code § 76300) also requires a waiver 
            of these fees for students meeting specified criteria, 
            including:








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             a)   Students who meet specified income requirements;


             b)   Students who are the dependent or surviving spouse of a 
               National Guard member who die or was disabled as a result 
               of their service;


             c)   The surviving spouse or child of a deceased law 
               enforcement or fire suppression personnel, as specified; 
               or, 


             d)   The dependent of an individual killed on September 11, 
               2001, as specified. 

          3)Existing law requires that the colleges make available a 
            variety of "matriculation services" to students in order to 
            ensure that students receive educational services necessary to 
            optimize their opportunities for success.  Matriculation 
            requirements are only operative if funds are specifically 
            appropriated for these purposes.  (EC § 78210-78219)

           FISCAL EFFECT  :   The Senate Appropriations Committee determined 
          the following costs:

          1)BOG fee waiver mandate:  Potentially significant costs to 
            expand CCC administrative duties under the BOG fee waiver 
            program. The BOG fee waiver program is an existing 
            reimbursable state mandate on CCCs, and this bill would expand 
            the administrative activities related to that $21 million 
            mandate.

          2)Matriculation/Student Success changes:  Unlikely to result in 
            direct state costs.  The imposition of additional requirements 
            for students to receive BOG waivers may result in General Fund 
            savings if the total number of BOG fee waivers issued is 
            reduced.

           COMMENTS  :    Background  .  CCC is the educational gateway for 2.6 
          million students, representing nearly 25% of the nation's 
          community college student population.  However, students are 
          rapidly losing access as course offerings have been reduced due 
          to budget cuts, and numerous studies have noted that a 








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          significant percentage of students who are able to enroll in 
          courses do not complete in a timely fashion.  

          According to the report, "Divided We Fail: Improving Completion 
          & Closing Racial Gaps in California's Community Colleges" by the 
          Institute for Higher Education Leadership and Policy, 70% of 
          Latino first-time freshmen that enroll in a California public 
          college or university begin at a CCC.  Only two in ten of these 
          students complete a certificate, associate's degree, or transfer 
          after six years, compared to 37% of white students.  Two thirds 
          of African-American students who go to a public college in 
          California choose to start at a CCC.  Once there, only 25% earns 
          a certificate, associate degree, or transfers after six years. 

           CCC Student Success Task Force (SSFT)  .  These poor student 
          success rates led to the enactment of SB 1143 of 2010, requiring 
          the BOG to convene a task force of stakeholders to make 
          recommendations to the Legislature to improve CCC student 
          success.  The SSTF was comprised of 20 individuals (CCC chief 
          executive officers, faculty, students, researchers, staff and 
          external stake holders) who spent a year researching, studying 
          and debating the best methods to improve student outcomes at the 
          CCC. 

          According to the SSTF report, which was unanimously adopted by 
          the BOG in January 2012, it was their goal to identify best 
          practices for promoting student success and to develop statewide 
          strategies to take these approaches to scale while ensuring that 
          educational opportunity for historically underrepresented 
          students would not just be maintained but bolstered. The report 
          noted that while a number of disturbing statistics around 
          student completion reflect the challenges faced by the students 
          they serve, they also clearly demonstrate the need for the 
          system to recommit to finding new and better ways to serve its 
          students.

          The SSTF efforts resulted in 22 specific recommendations and the 
          report, per the requirements of the legislation, was presented 
          to the Legislature at a joint informational hearing of the 
          Assembly Higher Education Committee and the Senate Education 
          Committee in February 2012.  Implementation of these 
          recommendations will be accomplished through regulatory changes, 
          system-wide administrative policies, local best practices and 
          legislation. 









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           Similar study/findings  .  In February 2012, the Little Hoover 
          Commission issued a report, "Serving Students, Serving 
          California: Updating the California Community Colleges to Meet 
          Evolving Demands," which noted that its findings and conclusions 
          were consistent with many of the findings of the SSTF.  Similar 
          to this bill, the report called for, among other things, the 
          implementation of a student success scorecard, establishing 
          additional criteria for BOG fee waivers, and strengthening of 
          support for entering students. 

           Need for this bill  .  This bill contains statutory changes 
          necessary for implementation of some of the recommendations of 
          the SSTF, specifically, repurposing existing Matriculation 
          Program funding for core matriculations services such as 
          orientation, assessment and placement, and counseling and 
          education planning. 

           Substantive author's amendments  .  Numerous concerns were raised 
          by faculty and others that the provisions of this bill would 
          limit access for low-income students, should require a broad 
          consultative process, that uniform policies be implemented 
          across districts and only as support services are provided, and 
          that the effect on students be monitored.  To address these 
          issues, the bill has been amended to do the following:  

          1)Remove language eliminating eligibility for the BOG fee waiver 
            when a student reached a maximum unit cap.

          2)Clarify that all policies related to the BOG fee waiver 
            eligibility shall be developed and adopted in consultation 
            with students, faculty, and other key stakeholders.

          3)Ensure that these policies will include consideration of 
            uniform academic performance and progress standards, criteria 
            for review of extenuating circumstances and granting of 
            appeals, and a process for reestablishing fee waiver 
            eligibility.

          4)Require the BOG to establish a reasonable and phased-in 
            implementation period, to provide students adequate 
            notification of the academic progress requirements and 
            information about available support services.

          5)Direct the BOG to phase in these policies as resources are 
            available to provide students with the core services outlined 








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            in matriculation (orientation, assessment and placement, 
            counseling and education planning, and academic 
            interventions). 

          6)Require campuses, as a condition of receiving matriculation 
            funds, to include in their plan a description of their 
            practices for identifying students at risk for academic or 
            progress probation, and the college's plan for intervention 
            services to these students 

          7)Require coordination with college student equity plans to 
            identify strategies for monitoring and addressing equity 
            issues and mitigating any disproportionate impacts on student 
            access and achievement. 

           Implementation of student provisions conditioned on support 
          services  .  This bill requires students to meet academic and 
          progress standards to be eligible for the BOG fee waiver and to 
          complete orientation and assessment and to develop education 
          plans.  According to information provided by the Chancellor's 
          office, several other financial aid programs establish academic 
          and progress standards to be met in order to continue to receive 
          grants/services including Extended Opportunity Programs and 
          Services, Cal Grants, and Pell Grants.  To ensure students 
          receive the guidance and support they need to meet these 
          academic standards and to meet the orientation, assessment, and 
          education plan requirements, this bill requires these provisions 
          be implemented only as campuses develop and implement the 
          student support services and interventions necessary for 
          students to successfully meet these requirements and to ensure 
          no disproportionate impact to students based on ethnicity, 
          gender, or socio-economic status.

           Author's amendments  .  The author has agreed to accept the 
          following amendments to address some of the concerns raised by 
          faculty, disabled students, and career technical education 
          advocates:

          1)Page 3, line 35:  success  .  In enacting this measure, the 
            Legislature acknowledges the commitment of the Board of 
            Governors of the California Community Colleges to, through its 
            regular budget process, evaluate resource needs and seek 
            funding for essential educational priorities that contribute 
            to student success, which include but are not limited to   by 
            investing in  counselors, advisors, and technology tools needed 








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            to assist students; increasing categorical funding for student 
            support services; hiring more full-time faculty; and 
            increasing support for part-time faculty.

          2)Page 5, line 36:  (3)  It is the intent of the Legislature 
            that academic and progress standards defined pursuant to 
            paragraph (1) be implemented only as campuses develop and 
            implement the student support services and interventions 
            necessary to ensure no disproportionate impact to students 
            based on ethnicity, gender,  disability,  or socioeconomic 
            status.

          3)Page 16, line 12:  (3)  The impacts of the Seymour-Campbell 
            Student Success Act of 2012 on student participation, 
            progress, and completion, disaggregated by ethnicity, age, 
            gender,  disability,  and socioeconomic status.

          4)Page 10, line 24:  (iv)  Development of an education plan 
            leading to a course of study and guidance on course selection 
             that is informed by and related to a student's academic and 
            career goals  .

          5)Page 11, line 6:   but are not limited to, the identification 
            of  an   educational   the academic and career  goal

          6)Page 13, line 12:  (1)  Helping students to define their 
             educational   academic and career  goals and declare a course  of 
            study.

           Related legislation  .  AB 1741 (Fong), pending in the Senate, 
          would require the BOG to develop a plan to support the goals of 
          SB 1456 and the following priorities:  increasing the ratio of 
          counselors to students; increasing funding for categorical 
          programs that provide student support services; increasing the 
          percentage of hours of credit instruction that are taught by 
          full-time instructors consistent with existing law that sets a 
          goal of 75:25 full-time to part-time faculty; and expanding 
          part-time faculty office hours consistent with student needs.  
          SB 1062 (Liu), to be heard by this Committee on June 19, 2012, 
          would implement a SSFT recommendation to strengthen the 
          Chancellor's office to provide greater oversight and 
          accountability of efforts to increase student success.

           REGISTERED SUPPORT / OPPOSITION  :









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           Support 
           
          Academic Senate for California Community Colleges
          Accrediting Commission for Community Colleges, Western 
          Association of Schools and Colleges
          Advancement Project
          Association of Independent California Colleges and Universities
          AVID
          Alliance for a Better Community
          Association of California Community College Administrators
          Bay Area Council
          Barrio Logan College Institute
          Beverly Hills Picture Framing, Inc.
          Board of Governors of the California Community Colleges
          California Association of Sheet Metal and Air Conditioning 
          Contractors' National Association
          California Catholic Conference
          California Communities United Institute
          California Competes: Higher Education for a Strong Economy
                                             California Manufacturers and Technology Association
          California State Student Association
          California State University
          Californians for Justice Education Fund
          Campaign for College Opportunity
          College of the Canyons, Santa Clarita
          College OPTIONS
          Community College League of California
          EARN
          Education Trust-West
          Families in Schools
          Fresno State Associated Students, Inc.
          Girls Incorporated of Orange County
          Greater Long Beach Interfaith Community Organization
          Greater Sacramento Urban League
          Greenlining Institute
          Hispanas Organized for Political Equality
          Hispanic Foundation of Silicon Valley
          Hispanic Scholarship Fund
          Inland Empire Economic Partnership
          InnerCity Struggle
          Daniel Katz, Director of Development at One Voice
          Kern Community College District
          Little Hoover Commission
          Long Beach Community College District
          Los Angeles Chamber of Commerce








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          Los Angeles Community College District
          Los Rios Community College Districts
          Mexican American Legal Defense and Educational Fund
          Melinda Nish, Ed.D., Superintendent/President of Southwestern 
          Community College District
          North Bay Leadership Council
          Orange County Business Council
          Alex Pader, Past President, Student Senate for California 
          Community Colleges
          Parent Institute for Quality Education
          Progressive Christians Uniting
          Project GRAD Log Angeles
          Public Advocates Inc.
          Regional Economic Association Leaders Coalition
          San Bernardino Community College District
          San Diego Community College District
          San Diego Regional Chamber of Commerce
          San Diego Regional Economic Development Corporation
          San Francisco Chamber of Commerce
          San Gabriel Valley Economic Partnership
          San Jose Silicon Valley Chamber of Commerce
          Shasta-Tehama-Trinity Joint Community College District
          Silicon Valley Leadership Group
          Southern California College Access Network
          Stanislaus County Office of Education
          State Building and Construction Trades Council
          State Center Community College District
          Valley Industry and Commerce Association
          Violence Prevention Coalition of Greater Los Angeles
          Women's Foundation of California
          Youth Policy Institute
          2 Individuals
           
            Opposition 
           
          California Teachers Association's Community College Association


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