BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 834
                                                                Page  1

        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)

         COMMITTEE VOTE  :     13-0           (June 24, 2014)  RECOMMENDATION  :   
        concur
        (Higher Ed.)

        Original Committee Reference:    JUD.  

         SUMMARY  :  Authorizes a law school accredited by the American Bar  
        Association (ABA), and owned by an institution operating under the  
        Bureau of Private Postsecondary Education (BPPE) within the  
        Department of Consumer Affairs, 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 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  








                                                                AB 834
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             Standard 509 of the ABA Standards and Rules of Procedure 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 approval to  








                                                                AB 834
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        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, 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)  
        319-3960FN: 0004109