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.  









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          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  










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               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.










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          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  










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                    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.










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          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  










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               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  










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               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. 










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                    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  










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               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  










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                    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,  










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                    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,  










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                      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  










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               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.