BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 386
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          Date of Hearing:   April 23, 2013

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 386 (Levine) - As Amended:  April 15, 2013
           
          SUBJECT  :   Public postsecondary education: cross-enrollment:  
          online education at the California State University.

           SUMMARY  :   Expresses the intent of the Legislature that by the  
          beginning of the 2015-16 academic year, students enrolled at the  
          California State University (CSU) be provided an opportunity to  
          enroll in online courses available at other CSU campuses,  
          authorizes any CSU student enrolled at a CSU campus to enroll in  
          an online course provided by another CSU campus, and requires  
          the CSU Trustees, on or before January 1, 2015, to establish an  
          easily accessible online database of online courses available at  
          the CSU.  Specifically,  this bill  :  

          1)Requires the CSU Trustees, on or before January, 1, 2015, to  
            establish the following:

             a)   An easily accessible online database of online courses  
               available at all CSU campuses in order to provide CSU  
               students with a streamlined process within the CSU system  
               to allow students to find and enroll in courses that will  
               earn them credit toward graduation, general education, and  
               major requirements; and,

             b)   Plans for an intrasystem cross-enrollment process to  
               expedite student learning that will be operational at the  
               beginning of the 2015-16 academic year.

          2)Allows, by the beginning of the 2015-16 academic year, any  
            student enrolled in a CSU who meets the requirements of this  
            measure to enroll, without formal admission, and without  
            payment of additional tuition or fees, except specified, in a  
            course provided entirely online by another campus of the CSU  
            on a space-available basis.  

          3)Specifies that nonresident and international CSU students who  
            meet the conditions of this measure may also enroll in an  
            online course provided by another CSU campus and that they  
            shall pay their unit fees for the online course at the host  
            campus.








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          4)Specifies that a student is qualified to participate in the  
            program established by this measure if he/she is enrolled in a  
            CSU campus and meets the following requirements:

             a)   The student has attained a grade point average of 2.0 on  
               a 4-point scale for work completed; and,

             b)   The student has paid appropriate tuition or fees, or  
               both, required by the home campus for full-time enrollment  
               for the academic term in which the student seeks to  
               cross-enroll and the student has no outstanding tuition or  
               fees owed to the home campus.  

          5)Specifies that the host campus may charge participating  
            students an administration fee and specific course-based fees,  
            not to exceed an amount sufficient for the campus to recover  
            administrative costs it incurs pursuant to this measure.  

          6)Requires the CSU Chancellor's Office to establish a convenient  
            online methodology so that students meeting the requirements  
            of this measure may do both of the following:

             a)   Be informed of the opportunity to access courses  
               provided entirely online by another CSU; and,

             b)   Simultaneously enroll in courses at their home campus  
               and enroll in courses provided entirely online at another  
               CSU campus, as provided for in this measure.  

          7)Stipulates that a matriculated CSU student will have priority  
            access to courses provided at his/her home campus, and a CSU  
            student, meeting the requirements of this measure, seeking to  
            enroll in courses provided entirely online by another CSU  
            campus shall be able to enroll. 

          8)Specifies that cross-enrollment students have an opportunity  
            to enroll in these online courses at any time after the  
            priority enrollment period for continuing students, as  
            determined by each host campus, and that the host campus  
            enrollment policy, to the extent possibly, shall encourage  
            cross-enrollment.

          9)Stipulates that courses provided entirely online pursuant to  
            this measure shall be accepted for credit at the student's  








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            home campus on the same basis as it would be for a student  
            matriculated at the host campus.  

          10)Stipulates that the enrollment of a student at a host campus  
            pursuant to this measure may be counted in the calculation of  
            headcount or full-time equivalent student enrollment at the  
            host campus and that the home campus and the host campus at  
            which the student is cross-enrolled may count in the  
            calculation of headcount or full-time equivalent student  
            enrollment only those units for which the student is enrolled  
            at each respective campus.

          11)Defines "Chancellor" to mean the Chancellor of the CSU; "CSU"  
            to mean the California State University; "Home campus" to mean  
            the CSU campus at which the student is matriculated; and,  
            "Host campus" to mean the campus to which the student seeks  
            access.  

           EXISTING LAW  :

          1)Establishes the California Distance Learning Policy, which  
            sets forth the guiding goals and principles for the  
            utilization of technology in California postsecondary  
            education (Education Code  66940).

          2)Establishes, until January 1, 2014, the California Virtual  
            Campus, under the stewardship of the CCC Board of Governors  
            and pursuant to annual Budget Act funding to, among other  
            things, enhance the awareness of, and access to, highly  
            engaging online courses of study,  increase access to next  
            generation Internet services, 21st century workforce  
            development programs, and e-government services for students  
            and staff served or employed by education entities and  
            students served primarily online through partnerships with  
            public libraries and community-based organizations (EC   
            78910.10).

          3)Allows any student enrolled in any campus of the three public  
            segments who meet certain criteria, to enroll without formal  
            admission to any of the segments, with certain specified  
            conditions (EC  66750 et seq.).

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    Background  .  According to the Legislative Analyst's  








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          Office (LAO) 2013-2014 Analysis of the Higher Education Budget,  
          distance learning offers numerous benefits.  These include  
          providing greater access to educational and training  
          opportunities due to increased scheduling flexibility, as well  
          as allowing campuses to serve more students without needing  
          additional physical infrastructure.

          According to the, LAO there is no common definition of distance  
          learning among California's public postsecondary institutions,  
          making it impossible for the Legislature and segments to measure  
          workload and track enrollment trends.  

          Governor Brown has encouraged the University of California (UC),  
          the CSU and the California Community Colleges (CCC) to expand  
          their online offerings. The 2013-2014 budget allocates $16.9  
          million to CCC and $10 million to both the UC and CSU systems  
          for online education.

           Online education at the CSU  .  Launched in January 2013, CSU  
          Online is the newest platform of services that supports students  
          and faculty in teaching and learning through online programs.   
          CSU Online will host both graduate and undergraduate programs,  
          but has an initial focus on former students who have had to drop  
          out of the CSU and are looking to complete their degrees.

          CSU at San Jose (SJSU) recently launched a joint pilot program,  
          partnering with Udacity (an independent online education company  
          and innovators of massive open online courses [MOOCs]) and EdX  
          (a nonprofit MOOCs provider).  This joint pilot program creates  
          a major expansion of course offerings for students and plans to  
          expand its current enrollment of 300 students to 1,000.  The  
          joint pilot program used three entry-level courses that  
          typically have high failure rates, intermediate algebra, college  
          algebra, and elementary statistics and currently has an 85%  
          retention rate.  
           
          Need for the bill  .  According to the author, while the CSU does  
          permit students to concurrently enroll in courses at campuses  
          other than their home campus, the option is severely  
          underutilized.  According to the CSU, the average fall semester  
          enrollment in the last five years at the CSU system is 428,397  
          students (2007-2011).   The fall of 2012 found that there were  
          less than 3,600 'transitory' students at the CSU.  The  
          transitory definition includes, but is not limited to,  
          Intrasystem Concurrent Enrollment students.   








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          According to CSU Advocacy Office, each CSU campus currently  
          provides its students with an online registration portal that  
          allows students to easily enroll in courses provided at their  
          home campus, however, each portal currently operates as an  
          isolated entity and does not provide students the ability to  
          seek and enroll in online courses provided at other CSU  
          campuses.  


          The author states:

               "This bill is addressing an issue with existing online  
               resources that the CSU has neglected to address.   
               Legislation is necessary to direct the CSU to take action  
               and establish an online accessibility point for students.    
               Additionally, absent a legislative change in statute, an  
               administrative change at the CSU could detract from the  
               CSU's current pace of developing online education; [my] AB  
               386 in conjunction with AB 387 will establish minimum  
               standards for online education at the CSU."

           Suggested amendment  .  The measure states that the host campus  
          may charge participating students "an administration fee and  
          specific course based fees, not to exceed an amount sufficient  
          for the campus to recover administrative costs it incurs."

          To ensure that students are not over charged an administration  
          fee, staff recommend the following amendment, The host campus  
          may charge participating students   an    a reasonable  administration  
          fee and specific course-based fees, not to exceed an amount  
          sufficient for the campus to recover  reasonable  administrative  
          costs it incurs pursuant to this chapter.
           
          Other measures to address online education  .  There are several  
          online education related measures pending Legislative action  
          this session:  

          1)AB 387 (Levine), which will be taken up today in the committee  
            hearing, would require the CSU to have a uniform definition of  
            online education, beginning January 1, 2017; would require the  
            CSU Trustees to report performance data about online education  
            to the Legislature every two years until 2021; would require,  
            in the development of new programs and instruction at each CSU  
            campus, that not less than 10% of new course offerings be  








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            online courses; and, would require the CSU Trustees, on or  
            before January 1, 2015, to report to the Legislature on the  
            feasibility of developing an accelerated bachelor's degree  
            completion program consisting of online courses, aimed at  
            students who started college, but never obtained a degree.

          2)AB 895 (Rendon), which will be taken up today in the committee  
            hearing ,would establish the California Postsecondary Online  
            Education Task Force to evaluate and collect data on the  
            current status of postsecondary online education.

          3)AB 944 (Nestande), which will be taken up today in the  
            committee hearing, would require the Trustees of the CSU and  
            the Board of Governors of  CCC and request the Regents of the  
            UC, to report to the Legislature, by January 1, 2016, and  
            every two years thereafter, on workload and key performance  
            data on distance learning courses.

          4)SB 520 (Steinberg), will be taken up on April 24, 2013, in the  
            Senate Education Committee, would, among other things, create  
            the California Online Student Access Platform under the joint  
            administration of the UC President, the Chancellor of the CSU,  
            and the CCC Chancellor, with the academic senates of the  
            respective segments, and would require the platform to provide  
            an efficient statewide mechanism for online course providers  
            to offer transferable courses for credit and to create a pool  
            of these online courses. 

          5)SB 547 (Block), which will be taken up on April 24, 2013, in  
            the Senate Education Committee, would, among other things,  
            require the academic senates of the UC, the CSU, and the CCC  
            to jointly develop and identify online courses that would be  
            made available to students of each of the three segments for  
            enrollment by the fall of 2014.

           Prior legislation  .  AB 626 (Blumenfield, 2011), which remained  
          in this committee, would have established a definition for  
          "distance learning."  AB 851 (Nestande, 2011), which was similar  
          in nature to AB 944 (as described above), failed passage in the  
          Senate Appropriations Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








                                                                  AB 386
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          Bay Area Council
          California State Student Association
          California State University

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960