BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 834
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 834 (Williams)
          As Amended  May 12, 2014
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |     |(May 24, 2013)  |SENATE: |34-0 |(June 19,      |
          |           |     |                |        |     |2014)          |
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                            (vote not relevant)

          Original Committee Reference:    NAT. RES.  

           SUMMARY  :  Authorizes a law school accredited by the American Bar  
          Association, and owned by an institution operating under the  
          Bureau of Private Postsecondary Education (BPPE) within the  
          Department of Consumer Affairs (DCA), to satisfy the disclosure  
          requirements of the School Performance Fact Sheet (SPFS) through  
          alternative means. 

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:

          1)Authorize a law school to satisfy the SPFS disclosure through  
            alternative means if the law school meets all of the following  
            requirements:

             a)   Accredited by the Council of the Section of Legal  
               Education and Admissions to the Bar of the American Bar  
               Association (ABA); 

             b)   Owned by an institution authorized to operate by the  
               BPPE; 

             c)   Reports graduate salary information and other  
               information to the National Association for Law Placement  
               (NALP); and, 

             d)   Approved to operate by the BPPE.

          2)Require disclosures per the alternative SPFS to students  
            pursuant to all of the following:

             a)   The law school must comply with disclosure requirements  
               of Standard 509 of the ABA Standards and Rules of Procedure  








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               for Approval of Law Schools;

             b)   The law school must provide completion rates, placement  
               rates, bar passage rates, and salary and wage information  
               of graduates to prospective students prior to enrollment  
               through the law school application process administered by  
               the Law School Admission Council (LSAC);

             c)   The law school must provide to prospective students any  
               additional information required to be reported on the SPFS  
               that is not reported pursuant to the aforementioned,  
               including, but not limited to, the most recent three-year  
               cohort default rate (disaggregated) reported by the United  
               States Department of Education (USDE) for the law school  
               and the percentage of enrolled students receiving federal  
               student loans; and

             d)   The law school must provide the information to  
               prospective students by clearly posting the information in  
               a conspicuous location on the law school's Internet Web  
               site; and must annually provide the information to the  
               BPPE.
           EXISTING LAW  requires institutions approved by the BPPE to  
          provide prospective students a SPFS that contains specified  
          information, including:  completion rates; placement rates;  
          license examination passage rates; salary and wage information;  
          a description of how this information is calculated; a statement  
          as to where a reader can obtain a list of employment positions  
          and salary sources; specified statements; and, if the  
          institution participates in federal financial aid programs, the  
          institutions cohort default rate and percentage of enrolled  
          students receiving federal loans.

          AS PASSED BY THE ASSEMBLY  , this bill would have expanded the  
          California Energy Commission's administrative civil penalty  
          enforcement authority to include energy efficiency and water  
          efficiency standards for buildings.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  The USDE requirement that an institution have "state  
          authorization" in order to be eligible for Title IV federal  
          student financial aid is prompting at least one law school in  
          California, currently exempt from BPPE approval, to seek BPPE  








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          approval to maintain Title IV eligibility.  As a result, that  
          school will be subject to the SPFS requirements.  The SPFS was  
          designed to ensure that prospective students could make informed  
          decisions when enrolling in an institution; by requiring every  
          BPPE-approved institution to provide similarly calculated data  
          in an established format, students would be able to make  
          apples-to-apples comparisons of educational program outcomes. 

          This bill is designed to address an unanticipated problem for  
          Western State College of Law at Argosy University, owned by the  
          Education Management Corporation (EDMC), and ensure that  
          students attending this institution do not receive duplicative  
          and potentially conflicting data regarding enrollment and  
          outcomes, simply because the institution is no longer exempt  
          like all other law schools.  According to the author, the SPFS  
          requirements would require different calculations than those  
          established by the ABA and NALP and would ultimately provide  
          less data to students than they are already provided through the  
          LSAC application process.

          Under ABA Standard 509, ABA accredited law schools are required  
          to provide detailed student enrollment and graduate outcome  
          information to prospective students and to the general public.   
          Law schools also report employment and salary outcomes for  
          graduates to NALP.  Prospective students access this data  
          through the law school application process administered by the  
          LSAC.  Through the LSAC Web site, students are provided a single  
          point of entry to access this data in order to make comparative  
          analysis of the law schools to which they are considering  
          applying.  According to the author, if Western State College of  
          Law becomes the only law school to seek BPPE approval, the  
          school would be the only law school providing students with a  
          Fact Sheet, potentially undermining a primary purpose of the  
          SPFS which is to allow students to make apples-to-apples  
          comparisons of institutional outcomes prior to enrollment. 


           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960


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