Amended in Senate June 18, 2014

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1348

Introduced by Assembly Member John A. Pérez

February 22, 2013

An act to add Chapter 7.5 (commencing with Section 66550) to, and to repeal Chapter 11 (commencing with Section 66900) of, Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1348, as amended, John A. Pérez. Postsecondary education: California Higher Education Authority.

Existing law establishes the system of postsecondary education in this state, consisting of 4 segments: the University of California, the California State University, the California Community Colleges, and independent institutions of higher education, as defined. Existing law establishes the California Postsecondary Education Commission (CPEC) to be responsible for coordinating public, independent, and private postsecondary education in this state and to provide independent policy analyses and recommendations to the Legislature and the Governor on postsecondary education issues. The Budget Act of 2011 deleted funding and personnel from CPEC.

This bill would repeal the provisions establishing and providing for the duties of CPEC, and commencing July 1, begin delete 2014, end delete begin insert 2015, end insert would establish the California Higher Education Authority, under the administration of a 13-member board of directors. The bill would specify the appointing authorities and the length of the terms of the members of the board of directors. The bill would also set forth the responsibilities of the authority relating to public and private postsecondary education in this state begin insert , to be carried out by the authority in accordance with a specified schedule. The bill would require the board of directors to convene a technical working group, including specified persons, to advise on data and policy matters before the board of directors end insert .

Among other duties, the authority would be responsible for developing, presenting, and monitoring postsecondary education goals for the state, including, but not necessarily limited to, monitoring and reporting on the progress of the postsecondary segments toward their long-term goals; measuring, and reporting about, how efficiently and effectively the postsecondary segments are serving the state’s needs; making recommendations about how to improve the performance of the postsecondary segments; developing and recommending strategic finance policy to the Governor and the Legislature on topics including, but not necessarily limited to, the allocation of state appropriations among the postsecondary education segments, student fee policy, and student financial aid; developing and presenting basic policy parameters for capacity development or realignment, including, but not necessarily limited to, expansion or realignment of enrollment capacity among or within the postsecondary education segments, to meet the state’s higher education goals; reviewing, and making recommendations to the Governor and the Legislature relating to, major capacity decisions, such as changes in mission or the establishment of new campuses or centers, that are to be financed with state appropriations or state-approved student fees; and acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and succeeding to certain data management responsibilities of CPEC by developing and maintaining a comprehensive database in accordance with prescribed criteria.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 7.5 (commencing with Section 66550)
is added to Part 40 of Division 5 of Title 3 of the Education Code,
to read:

 

Chapter  7.5. California Higher Education Authority

 

66550.  

(a) The California Higher Education Authority is
hereby established. The authority shall be governed by a
13-member board of directors, who shall be appointed in
accordance with the following:

(1) (A) Nine representatives of the general public appointed as
follows:

(i) Three members appointed by the Governor subject to
confirmation by a majority of the membership of the Senate.

(ii) Three members appointed by the Speaker of the Assembly.

(iii) Three members appointed by the Senate Committee on
Rules.

(B) The members initially appointed to the board of directors
under this paragraph shall serve staggered terms. Each of the
appointing entities in subparagraph (A) shall use one of their three
appointments to appoint a member for a two-year term
commencing on July 1, begin delete 2014, end delete begin insert 2015, end insert and ending on June 30, begin delete 2016, end delete
begin insert 2017, end insert one of their appointments to appoint a member for a
four-year term commencing on July 1, begin delete 2014, end delete begin insert 2015, end insert and ending on
June 30, begin delete 2018, end delete begin insert 2019, end insert and one of their appointments to appoint a
member for a six-year term commencing on July 1, begin delete 2014, end delete begin insert 2015, end insert
and ending on June 30, begin delete 2020. end delete begin insert 2021. end insert After the terms specified in
this subparagraph have ended, all subsequent appointments to the
authority under this paragraph shall be for six-year terms.

(C) A member appointed to the board of directors under this
paragraph may be reappointed for an additional term or terms.

(D) No member appointed to the board of directors under this
paragraph may be an employee of a postsecondary institution in
this state or hold an official position, such as trustee or regent, with
a postsecondary institution in this state.

begin insert

(E) In making appointments under this paragraph, the Governor,
the Speaker of the Assembly, and the Senate Committee on Rules
shall consider the need for members to have skills, knowledge,
and experience related to postsecondary education, student
financial aid policy, statewide accountability, and workforce
development, and the value of the board of directors being broadly
reflective of the economic, cultural, and social diversity of the
state.

end insert

(2) (A) Four representatives of the students of the postsecondary
education segments appointed for one-year terms, commencing
on July 1, begin delete 2014, end delete begin insert 2015, end insert as follows:

(i) One student of a campus of the California Community
Colleges, who shall have at least second year standing at that
campus, selected by the Governor from lists of names of at least
two, but not more than five, persons furnished by the governing
board of any statewide student organization that represents the
students of the California Community Colleges and the student
body organizations of the campuses of the California Community
Colleges.

(ii) One student of a campus of the California State University,
who shall have at least junior year standing at that campus, selected
by the Governor from lists of names of at least two, but not more
than five, persons furnished by the governing board of any
statewide student organization that represents the students of the
California State University and the student body organizations of
the campuses of the California State University.

(iii) One student of a campus of the University of California,
who shall have at least junior year standing at that campus, selected
by the Governor from lists of names of at least two, but not more
than five, persons furnished by the governing board of any
statewide student organization that represents the students of the
University of California and the student body organizations of the
campuses of the University of California.

(iv) One student of a member institution of the Association of
Independent California Colleges and Universities, selected by the
Governor from lists of names of at least two, but not more than
five, persons furnished by the chief executive officer of the
Association of Independent California Colleges and Universities.

(B) A member appointed to the board of directors under this
paragraph may be reappointed for an additional term, as long as
he or she remains a student enrolled at a campus of the
postsecondary education segment that he or she represents.

(b) Each of the 13 members of the board of directors shall be a
voting member. The members of the board of directors shall elect
a chairperson from their membership.

(c) It is the intent of the Legislature that the appointment process
of the first members of the board of directors be completed before
July 1, begin delete 2014, end delete begin insert 2015, end insert so that the first meeting of the board of directors
may be convened as soon as possible after the terms of the initial
members commence on July 1, begin delete 2014. end delete begin insert 2015. end insert

(d) Each member of the board of directors shall receive actual
and necessary travel expenses and one hundred dollars ($100) for
each day he or she is attending to the official business of the
authority.

66551.  

(a) The board of directors shall be authorized to enter
into agreements with any public or private agency, officer, person,
institution, corporation, association, or foundation for the
performance of acts or for the furnishing of services, facilities,
materials, goods, supplies, or equipment.

(b) The authority shall begin delete have end delete begin insert carry out end insert all of the following
responsibilities begin insert according to the schedule in subdivision (d) end insert :

(1) Developing, presenting, and monitoring postsecondary
education goals for the state, including, but not necessarily limited
to, monitoring and reporting on the progress of the postsecondary
segments toward their long-term goals.

(2) Measuring, and reporting about, how efficiently and
effectively the postsecondary education segments are serving the
state’s needs.

(3) Making recommendations about how to improve the
performance of the postsecondary education segments.

begin delete

(4) Pursuing an integrated approach to the state’s overall
postsecondary education policy by including private postsecondary
education within its jurisdiction.

end delete begin delete

(5) Exercising an oversight and advisory role in postsecondary
education capital outlay decisions.

end delete begin delete

(6)

end delete

begin insert (4) end insert  Developing information in order to assist state and local
policymakers and consumers in making cost-effective investments
in postsecondary education and training to meet the long-term goal
of a strong state economy and vibrant communities.

begin delete

(7)

end delete

begin insert (5) end insert  Developing and recommending strategic finance policy to
the Governor and the Legislature on topics including, but not
necessarily limited to, the allocation of state appropriations among
the postsecondary education segments, begin insert public postsecondary end insert
student fee policy, and student financial aid.

begin delete

(8)

end delete

begin insert (6) end insert  Developing and presenting basic policy parameters for
capacity development or realignment, including, but not necessarily
limited to, expansion or realignment of enrollment capacity among
or within the postsecondary education segments, to meet the state’s
higher education goals.

begin delete

(9)

end delete

begin insert (7) end insert  Reviewing, and making recommendations to the Governor
and the Legislature relating to, major capacity decisions, such as
changes in mission or the establishment of new begin delete campuses or end delete
begin insert campuses, end insert centers, begin insert or programs end insert that are to be financed with state
appropriations or state-approved student fees.

begin delete

(10)

end delete

begin insert (8) end insert  (A) Acting as a clearinghouse for postsecondary education
information and as a primary source of information for the
Legislature, the Governor, and other agencies, and developing and
maintaining a comprehensive database that does all of the
following:

(i) Ensures comparability of data from diverse sources.

(ii) Supports longitudinal studies of individual students as they
progress through the state’s postsecondary educational institutions,
based upon the authority’s existing student database through the
use of a unique student identifier.

(iii) Is compatible with the California School Information
System and the student information systems developed and
maintained by the public segments of higher education, as
appropriate.

(iv) Provides Internet access to data, as appropriate, to the
sectors of higher education.

(v) Provides each of the postsecondary educational segments
access to the data made available to the authority for purposes of
the database, in order to support, most efficiently and effectively,
statewide, segmental, and individual campus educational research
information needs.

(B) The authority, in implementing this paragraph, shall comply
with the federal Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of personally
identifiable information concerning students.

(C) The authority may not make available any personally
identifiable information received from a postsecondary educational
institution concerning students for any regulatory purpose unless
the institution has authorized the authority to provide that
information on behalf of the institution.

(D) The authority shall provide 30-day notification to the
chairpersons of the appropriate legislative policy and budget
committees of the Legislature, to the Director of Finance, and to
the Governor before making any significant changes to the student
information contained in the database.

begin insert

(E) The authority shall use the data received from the state’s
postsecondary educational institutions to determine the percentage
of California high school graduates estimated to be eligible for
admission to the University of California and the California State
University. The authority shall first report this estimate no later
than January 1, 2016.

end insert begin insert

(c) The authority shall pursue an integrated approach to the
state’s postsecondary education policy by collaborating with public
and private postsecondary educational institutions in California
to address the state’s postsecondary education needs and goals.

end insert begin insert

(d) (1) It is the intent of the Legislature that the authority carry
out the responsibilities in subdivision (b) in accordance with the
schedule in paragraph (2):

end insert begin insert

(2) (A) Commencing July 1, 2015, the authority shall carry out
the responsibilities in paragraph (8) of subdivision (b).

end insert begin insert

(B) Commencing July 1, 2016, the authority shall carry out the
responsibilities in paragraphs (6) and (7) of subdivision (b).

end insert begin insert

(C) Commencing July 1, 2017, the authority shall carry out the
responsibilities in paragraphs (1) to (5), inclusive, of subdivision
(b).

end insert

66552.  

The board of directors shall appoint an executive officer
of the authority, who shall serve at the pleasure of the board of
directors. The executive officer shall be authorized to appoint
additional staff of the authority as necessary.

begin insert

begin insert 66553. end insert   

(a) The board of directors shall convene a technical
working group to advise on data and policy matters before the
board of directors. The working group shall include the following
persons:

(1) The chief executive officer of each of the segments of public
postsecondary education, or designee of the chief executive officer.

(2) The chair, or the designee of the chair, of the largest
association of the independent California colleges and universities
that are formed and operated as nonprofit corporations in this
state and are accredited by a regional accreditation agency
recognized by the United States Department of Education.

(3) The chair, or designee of the chair, of the Bureau for Private
Postsecondary Education advisory committee.

(4) The chair, or designee of the chair, of the California Student
Aid Commission.

(5) The chair, or designee of the chair, of the academic senate
for each of the segments of public postsecondary education.

(6) The Superintendent of Public Instruction, or designee of the
Superintendent.

(b) The technical working group shall receive board of directors
meeting agenda items and association documents in a timely
manner for its consideration and comments in advance of the
meeting.

end insert

begin delete 66553. end delete
begin insert 66554. end insert   

Notwithstanding any other law:

(a) On and after July 1, begin delete 2014, end delete begin insert 2015, end insert the authority shall succeed
to the data management responsibilities granted to the former
California Postsecondary Education Commission pursuant to
subdivision (m) of former Section 66903 as it existed on December
31, 2013, and as currently set forth in paragraph begin delete (10) end delete begin insert (8) end insert of
subdivision (b) of Section 66551. The authority may begin delete disclose, or
dispose of, end delete begin insert disclose end insert data it receives or maintains under this section
only as specifically authorized to do so in paragraph begin delete (10) end delete begin insert (8) end insert of
subdivision (b) of Section 66551 begin insert , and shall dispose of data it
receives only in accordance with applicable state and federal law end insert .

(b) The authority is authorized to require the governing boards
and the institutions of public postsecondary education to submit
data on plans and programs, costs, selection and retention of
students, enrollments, plant capacities, and other matters pertinent
to effective planning, policy development, and articulation and
coordination, and shall furnish information concerning these
matters to the Governor and to the Legislature as requested by
them.

begin delete 66554. end delete
begin insert 66555. end insert   

This chapter shall become operative on July 1, begin delete 2014. end delete
begin insert 2015. end insert

SEC. 2.  

Chapter 11 (commencing with Section 66900) of Part
40 of Division 5 of Title 3 of the Education Code is repealed.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The appointment to the technical working group of the
chair, or designee of the chair, of the Bureau for Private
Postsecondary Education advisory committee pursuant to
paragraph (3) of subdivision (a) of Section 66553 of this act shall
become operative only if an act that becomes operative on or
before January 1, 2015, amends or repeals Section 94950 of the
Education Code to delay or eliminate the January 1, 2015, repeal
date of the California Private Postsecondary Education Act of
2009 (Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code). end insert