BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: AB 1348 AUTHOR: John A. Perez AMENDED: June 18, 2014 FISCAL COMM: Yes HEARING DATE: June 25, 2014 URGENCY: No CONSULTANT:Daniel Alvarez SUBJECT : Postsecondary education: California Higher Education Authority. SUMMARY This bill establishes the California Higher Education Authority (Authority), its governing board and its responsibilities, as specified, phased-in over a three-year period. BACKGROUND Current law establishes the California Postsecondary Education Commission (CPEC) to be responsible for coordinating public, independent, and private postsecondary education in California and providing independent policy analysis and recommendations to the Legislature and the Governor on postsecondary education issues. Current law also requires the CPEC to (1) act as a clearinghouse for postsecondary education information and to serve as a primary source of information for the Legislature, Governor, and other agencies and, (2) develop and maintain a comprehensive database that supports longitudinal studies of individual students as they progressed through the state's postsecondary educational institutions through the use of a unique student identifier. Additionally, the CPEC was to provide each of the educational segments access to the data made available to the CPEC for purposes of the database in order to support statewide, segmental and individual campus educational research needs. (Education Code § 66900 et. AB 1348 Page 2 seq.) The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Generally, schools must have written permission from the parent or "eligible student, as specified, in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under some of the following conditions: a) School officials with legitimate educational interest. b) Other schools to which a student is transferring. c) Appropriate parties in connection with financial aid to a student. d) Organizations conducting certain studies for or on behalf of the school. e) Accrediting organizations. f) State and local authorities, within a juvenile justice system, pursuant to specific State law. ANALYSIS This bill establishes the California Higher Education Authority, its governing board and its responsibilities, as specified, phased-in over a three-year period. Specifically, this bill : 1) Establishes the California Higher Education Authority (Authority) to be governed by a voting 13-member board AB 1348 Page 3 of directors as follows: a) Nine representatives of the general public, excluding employees and governing board members of a California postsecondary education institution, appointed to staggered six-year terms, 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, and, iii) Three members appointed by the Senate Committee on Rules. b) Four student representatives, representing the three public segments of postsecondary education and one representing a member institution of the Association of Independent California Colleges and Universities (AICCU), appointed for one-year terms, commencing on July 1, 2015. 2) Requires in making appointments, consideration of the need for members to have skills, knowledge, and experience related to postsecondary education and workforce development, as specified, and the board to be broadly reflective of the economic, cultural, and social diversity of the state, and specifies legislative intent that appointment of the first members of the board of directors be completed before July 1, 2015. 3) Authorizes the board of directors to elect a chairperson from its membership and 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. AB 1348 Page 4 4) Requires the board of directors to appoint an executive officer of the Authority, who shall serve at the pleasure of the board of directors and is authorized to appoint additional staff of the Authority as necessary. 5) Requires the Authority to carry out all of the following responsibilities: a) 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; b) Measuring and reporting on the efficiency and effectiveness of the postsecondary education segments in serving the state's needs; c) Making recommendations about how to improve the performance of the postsecondary education segments; d) 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 goals of a strong state economy and vibrant communities; e) 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; f) Developing and presenting basic policy AB 1348 Page 5 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; g) 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 state-approved student fees; and, h) 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 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. AB 1348 Page 6 6) Requires compliance with the federal Family Educational Rights and Privacy Act of 1974 (FERPA) relating to the disclosure of personally identifiable information concerning students; and prohibits the authority from making available any personally identifiable information concerning students, unless as specified. 8) Requires the Authority to provide a freshman eligibility report, as specified, no later than January 1, 2016. 9) Requires the Authority to pursue an integrated approach to the state's postsecondary education policy by collaborating with public and private institutions to address the state's postsecondary education needs and goals. 10) Provides for a phase-in of the responsibilities of the Authority as follows: a) Beginning July 1, 2015, the Authority shall carry out the responsibilities specified in (5) (h) above dealing with the clearing house of information, as specified; b) Beginning July 1, 2016, the Authority shall begin carrying out responsibilities specified in (5) (f) and (g) above dealing with basic policy parameters and major capacity decisions, as specified. c) Beginning July, 2017, the Authority shall carry out the remaining responsibilities as specified in (5) (a) through (d) above. 11) Requires the board to convene a 10-member technical working group to advise on data and policy matters. The working group shall include executives, or their designees, of the public segments of postsecondary AB 1348 Page 7 education, AICCU, Bureau for Private Postsecondary Education, the California Student Aid Commission, the academic senate of the public segment s of postsecondary education, and, the State Superintendent of Public Instruction. 12) Transfers to the Authority, on or after July 1, 2015, data management responsibilities granted to the former California Postsecondary Education Commission (CPEC), as specified in existing law, and authorizes the Authority to disclose or dispose of data it receives or maintains under this section only as specifically authorized to do so in accordance with existing state and federal law, as specified. 13) Authorizes the Authority 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. STAFF COMMENTS 1) Need for the bill . California's education and workforce needs cannot be addressed by any single segment. The state's approach to higher education must become more comprehensive if it is to ensure state-level workforce needs and priorities are being met. Numerous reports, including legislative reviews of the Master Plan for Higher Education and more recent reports from higher education experts, have called for California to establish a central higher education body. This central body is an important element of the state's ability to honor its promise of affordable, high quality postsecondary education for all high AB 1348 Page 8 school graduates and adults who could benefit from instruction offered at California's colleges and universities. Without such an entity, California cannot systematically plan to address the current and future needs of all its students and the overall economy. 2) Defunding of CPEC leads to weakened State capacity for data review of California's postsecondary education . In 2011, the governor vetoed CPEC funding resulting in its closure in November 2011. Prior to its closure, the CPEC transferred its data warehouse to the CCC Chancellor's Office where the existing data is being housed and stored under an interagency agreement between the UC, CSU, and the CCC. According to the Chancellor's office, the existing database is being maintained, and the CPEC website is available to the public for purposes of access existing reports posted on the website. Although, the Governor eliminated all general fund support for CPEC, its statutory authority remains intact. The 2011 veto message acknowledged the need for higher education coordination, but characterized the CPEC's work as ineffective and directed stakeholders to explore alternatives. Yet, in a 2012 Legislative Analyst oversight report, data functions, including the maintenance of a public website for data access, were the CPEC functions most highly valued by stakeholders including the segments, policymakers, analysts and researchers. a) Data management. CPEC was able to obtain and maintain individual student records from the public higher education systems and to link this data across the three segments using unique student identifiers and, used this information and the aggregated student data, as well as other public available datasets, to create useful data for the public and to respond to policymaker and legislative inquiries. AB 1348 Page 9 Perhaps most importantly CPEC functioned as a data management entity independent of the public segments, enabling the CPEC to perform analyses and provide information on behalf of and in response to requests from the Legislature or others, without relying on the "approval" or framing of information by the entity whose performance was being studied, analyzed, or evaluated. Further, under the current arrangement access to the data is limited, since each segment has control over access to its own student records contained within the database, and currently, outside entities wishing to use the information for state policy purposes would need to secure the approval of each of the segments involved. b) Program review. The CPEC's role in program review was to coordinate the long-range planning of the state's public higher education systems as a means to ensure that they were working together to carry out their individual missions while serving the state's long-range workforce and economic needs. In its oversight report, the LAO noted that no office or committee has the resources to devote to review of programs to identify long-term costs, alignment with state needs/institutional missions, duplication and priority relative to other demands. 3) Why is a postsecondary education coordinating body important ? A coordinated approach can help policymakers consider the higher education system as a whole and develop policies and budgets that maximize the system's value to the state, which becomes increasingly critical in times of limited resources. If the segments' activities are complementary and they operate as an integrated system in which each part adds value that is unique to its role, then their AB 1348 Page 10 combined efforts may produce more than what the institutions can achieve independently. In addition, independent and thoughtful analysis about current and future issues can assist the Legislature in prioritizing resources and clarify statewide policy. 4) This measure holds promise for a rational phased-in approach to a postsecondary education coordinating body that can add value for the overall direction of higher education, provide the Legislature with meaningful analysis and recommendations, and ultimately assist parents and students of the State. However, there are a number of elements in this measure that need further refinement or modification, therefore staff recommends the following amendments: a) This bill establishes a 13-member board of directors, 4 of which are students from the specified segments of postsecondary education. The value of student input on policy and oversight board is necessary and important; however, this bill would seem to "tip the scales" in favor of student input. Therefore on page 3 and 4, reduce the total number of voting board of directors to 11-members (9 public and 2 students), with the two students being appointed by the governor (similar to EC section 66901 (f) and (g)); b) Add the requirement for establishment of a student advisory committee to the board made up of 9 students representatives selected from the respective statewide student organizations that represents the students to advise the board on all matters of student fees and policies, student financial aid, student services, student life, and other appropriate educational policy. However, 3 of the students shall be community college students, and 2 each from CSU, UC, and the AICCU. The advisory committee shall receive AB 1348 Page 11 board of directors meeting agenda items and associated documents in a timely manner for its consideration and comments in advance of the meeting. c) In 2013, the Legislature enacted Chapter 367 (SB 195, Liu) which established the goals of policy and budget decisions regarding postsecondary education - including improved student access and success, as specified, better alignment of degrees and credentials with the state economic, workforce, and civic needs, and ensure effective and efficient use of resources and specifies legislative intent appropriate metrics be identified, defined, and formally adopted for the purpose of monitoring progress. However, this measure enumerates the responsibilities of the Authority, which includes among them developing, presenting, and monitoring postsecondary education goals for the state, including, but not limited to progress of the segments toward their long-term goals. Building on the guidance and direction of Chapter 367, on page 5, strike lines 15-17, and insert: education goals for the state pursuant to Section 66010.91, and the development of appropriate metrics pursuant to Section 66010.93 that can be utilized to monitor and report on the progress of the postsecondary education segments, as defined in Section 66010.95, toward meeting the state goals. d) On page 5, line 30, strike "consumers" and insert: students and parents. e) On page 6, lines 10 and 11, part of the responsibilities of the Authority includes review and recommendation of major capacity decisions, including the establishment of new campuses, AB 1348 Page 12 centers, or programs financed with state funds or student fees - this should be expanded to include nonstate funds, as well as any statewide authorized bonds. In recent years, the Legislature has passed measures that allow for the review and analysis of new satellite campuses contingent on nonstate funds being available. f) On page 7, lines 8 through 13, deals with a freshman eligibility report requiring its delivery within 6 months (January 1, 2016) after the Authority is established. These reports require a review of representative sample of high school transcripts that takes more time for analysis and review. Therefore, this report should be provided "no later than 18 months from enactment of this provision." g) The development of state goals and associated metrics, suggested by staff in (c) above clearly are critical for the Authority to have clear goals and measurements of success, and should be implemented as quickly as possible given the phase-in approach of this measure. Therefore, on page 7, line 24 before "(6)" insert: (1), h) On page 7, beginning with line 28, provides for the board to appoint an executive officer. The importance of such a position requires careful consideration and deliberation not to be taken lightly if the vision of a robust and rigorous Authority is to be accomplished. i) Therefore, on page 7, line 28 before "The" insert (a) ii) On page 7, between lines 31 and 32, insert: (b) The board shall prescribe rules for transaction of its own affairs, AB 1348 Page 13 subject, however, to 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 board seats. (3) The affirmative vote of two-thirds of all the duly appointed members of the board, not including vacant board sets, shall be necessary to the appointment of the executive officer. a) Concerns have been raised by the University of California regarding the composition of the board, which lacks "appointed representatives of the systems who can speak with authority on the potential impacts of different approaches under consideration." b) The Assembly Appropriations Committee noted in its analysis of this bill: "In its last full year of operation, CPEC's General Fund operating budget was $1.9 million for the equivalent of 18 positions. The new authority established in this bill would likely have a budget of similar magnitude. In addition, the authority would incur one-time information technology costs in the range of $200,000." c) Related legislation . i) AB 2190 (John A. Pérez, 2012), which would have established a new state oversight and coordinating body for higher education, was held on the Assembly Committee Appropriations Suspense File. Related, recent legislative proposals to establish an accountability framework for higher AB 1348 Page 14 education include: ii) SB 195 (Liu, Chapter 367, Statutes of 2013), which establishes state goals for California's postsecondary education system; iii) SB 1196 (Liu, 2014), establishes a process for setting specific educational attainment goals for the State and a target date for their achievement. This measure is scheduled to be heard in Assembly Higher Education Committee June 24th. SUPPORT California Federation of Teachers California Teachers Association OPPOSITION None received.