BILL NUMBER: AB 1348 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY MAY 24, 2013
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 5 segments:
the University of California, the California State University, the
California Community Colleges, and independent
institutions of higher education, and private postsecondary
educational institutions, 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, 2015, would establish
the California Higher Education Authority, under the administration
of a 13-member an 11-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 establish a 9-member student advisory committee to
advise the board of directors on all matters related to
student fees and policies, student financial aid, student
services, student life, and other appropriate educational policy.
The bill would also set forth the responsibilities of the
authority relating to public and private postsecondary education in
this state, 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.
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 state goals for
postsecondary education, and the development of appropriate metrics
that shall be used to monitor and report on the progress of the
postsecondary segments toward meeting those state goals, as specified
; 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
from specified funding sources ; 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, 2015, and ending on June 30, 2017,
2017; one of their appointments to appoint a member for a
four-year term commencing on July 1, 2015, and ending on June 30,
2019, 2019; and one of their
appointments to appoint a member for a six-year term commencing on
July 1, 2015, and ending on June 30, 2021. 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.
(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.
(2) (A) Four Two representatives of
the students of the postsecondary education segments appointed for
one-year terms, commencing on July 1, 2015, as follows:
each of whom shall be enrolled at a California
postsecondary education institution at the time of appointment and
during the term of service, except that a student member who
graduates from an institution with no more than six months of his or
her term remaining shall be permitted to serve for the remainder of
the term. The Governor shall appoint the student me mbers
from persons nominated by student organizations of each of the
postsecondary education segments. For each student member vacancy on
the board of directors, the student organizations may each submit a
list of not less than three and not more than five nominees. The
student organization for each segment shall be a composite group of
at least five representative student government associations, as
determined by the board of directors.
(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 student 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.
(C) A student member appointed to the board of directors under
this paragraph shall not be appointed from the same segment as the
outgoing student member or the other sitting student member.
(b) Each of the 13 11 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, 2015, 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, 2015.
(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.
(e) (1) A nine-member student advisory committee shall be
established to advise the board of directors on all matters related
to student fees and policies, student financial aid, student
services, student life, and other appropriate educational policy. The
advisory committee shall be appointed in accordance with the
following:
(A) Three students of campuses of the California Community
Colleges, who shall have at least second year standing at their
respective campuses, selected by the board of directors from a list
of names of at least four, 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.
(B) Two students of campuses of the California State University,
who shall have at least junior year standing at their respective
campuses, selected by the board of directors from a list of names of
at least three, 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.
(C) Two students of campuses of the University of California, who
shall have at least junior year standing at their respective
campuses, selected by the board of directors from a list of names of
at least three, 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.
(D) Two student members of institutions of the Association of
Independent California Colleges and Universities, selected by the
board of directors from a list of names of at least three, but not
more than five, persons furnished by the chief executive officer of
the Association of Independent California Colleges and Universities.
(2) The student advisory committee shall receive board of
directors' meeting agenda items and associated documents in a timely
manner for its consideration and comments in advance of the meeting.
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 carry out all of the following
responsibilities according to the schedule in subdivision (d):
(1) Developing, presenting, and monitoring the state goals
for 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 education as listed in Section 66010.91, and the
development of appropriate metrics pursuant to Section 66010.93 that
shall be used to monitor and report on the progress of the
postsecondary segments, as defined in Section 66010.95, toward
meeting the state 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.
(4) Developing information in order to assist state and local
policymakers and consumers students and
parents in making cost-effective investments in postsecondary
education and training to meet the long-term goal of a strong state
economy and vibrant communities.
(5) 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, public postsecondary student fee
policy, and student financial aid.
(6) 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.
(7) 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, centers, or programs
that are to be financed with state appropriations or
appropriations, state-approved student fees
, nonstate funds, or state authorized bonds, or any combination of
these sources of financing .
(8) (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.
(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 January 1, 2017 .
(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.
(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):
(2) (A) Commencing July 1, 2015, the authority shall carry out the
responsibilities in paragraph (8) of subdivision (b).
(B) Commencing July 1, 2016, the authority shall carry out the
responsibilities in paragraphs (1), (6) , and
(7) of subdivision (b).
(C) Commencing July 1, 2017, the authority shall carry out the
responsibilities in paragraphs (1) (2)
to (5), inclusive, of subdivision (b).
66552. (a) 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.
(b) The board shall prescribe rules for the transaction of its own
affairs in accordance with all the following requirements and
limitations:
(1) The votes of all members shall be recorded.
(2) Effective action shall require the affirmative vote of a
majority of all the duly appointed members of the board, not
including vacant seats on the board.
(3) The affirmative vote of two-thirds of all the duly appointed
members of the board, not including vacant seats on the board, shall
be required to appoint the executive officer.
66553. (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.
66554. Notwithstanding any other law:
(a) On and after July 1, 2015, 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 (8) of subdivision (b) of Section
66551. The authority may disclose data it receives or maintains under
this section only as specifically authorized to do so in paragraph
(8) of subdivision (b) of Section 66551, and shall dispose of data it
receives only in accordance with applicable state and federal law.
(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.
66555. This chapter shall become operative on July 1, 2015.
SEC. 2. Chapter 11 (commencing with Section 66900) of Part 40 of
Division 5 of Title 3 of the Education Code is repealed.
SEC. 3. 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).