BILL NUMBER: AB 2610 AMENDED BILL TEXT AMENDED IN SENATE JULY 2, 2014 AMENDED IN SENATE JUNE 11, 2014 AMENDED IN ASSEMBLY MAY 12, 2014 AMENDED IN ASSEMBLY APRIL 1, 2014 INTRODUCED BY AssemblyMemberWilliamsMembers Williams and Gray FEBRUARY 21, 2014 An act to amend Section 89708 of the Education Code, relating to the California State University. LEGISLATIVE COUNSEL'S DIGEST AB 2610, as amended, Williams. California State University: special sessions. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law requires that tuition fees adequate to meet the cost of maintaining special sessions, as defined, in the California State University be collected from students enrolled in each special session pursuant to rules and regulations prescribed by the trustees, and further provides that self-supporting special sessions shall not supplant regular course offerings available during the academic year, as specified. This bill woulddefineexplain the use of the term "supplant" for those purposes. The bill would prohibit a campus from requiring a state-supported matriculated student to enroll in a special session course to fulfill graduation requirements. The bill would express various legislative findings and declarations relating to self-supporting courses and programs. The bill would authoriz e a campus to, with approval from the Office of the Chancellor, add a self-supporting section of a course in a state-supported undergraduate degree program, add a self-supported undergraduate degree program, or increase the number of self-supporting sections of an undergraduate course offering only if certain conditions are satisfied. The bill would require the chancellor to provide guidance to each campus on how to comply with the requirements of this bill. The bill would, commencing in the 2016-17 academic year, require the trustees to receive an annual report at a noticed public meeting on the status of undergraduate self-supported courses and programs, as specified. The bill would make conforming and technical changes. 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. (a) The Legislature finds and declares all of the following: (1) In addition to providing state-supported courses and programs, the campuses of the California State University offer self-supporting courses and programs, known as special sessions. (2) Special sessions are designed and used to provide increased access to the educational resources of the system and to otherwise facilitate the use of those resources. (3) The campuses of the California State University are prohibited from supplanting regular course offerings with self-supporting special sessions. However, the State Auditor has determined that existing state law does not define "supplant." (b) It is the intent of the Legislature to provide sufficient direction to the Chancellor of the California State University and to the campuses of the California State University by clarifying this statutory language regarding the prohibition to "supplant." (c) It is the intent of the Legislature that the California State University shall receive funding sufficient to provide core curriculum through state-supported academic programs, that a matriculated student of the California State University is entitled to a postsecondary education within the bounds of a state-supported tuition and fee structure, and that every campus of the California State University is able to ensure that a student is not required to enroll in a special session program, section, or course in order to receive his or her postsecondary education in a timely manner. SEC. 2. Section 89708 of the Education Code is amended to read: 89708. (a) Tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session under and pursuant to rules and regulations prescribed by the trustees."Special(b) (1) "Special sessions," as used in this division, means self-supporting instructional programs conducted by the California State University. The special sessions shall include, but not be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions.The self-supporting(2) Self-supporting special sessions shall not supplant regular course offerings available on a non-self-supporting basis during the regular academic year. To the extent possible, each campus shall ensure that any course required as a condition of undergraduate degree completion for a state-supported matriculated undergraduate student shall be offered as a state-supported course. A campus shall not require a state-supported undergraduate matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program. (3) In order to ensure that "supplanting" of regular session course or program offerings with self-supporting special session offerings does not occur, a special session offering shall satisfy the following requirements: (A) Except as provided in subdivision (c), officials of a campus shall not reduce the number of state-supported undergraduate course offerings while increasing the number of self-supporting versions of that course. (B) A campus shall not offer special session programs at times or in locations on the campus that limit the number of regular course offerings that receive state funding. (C) For a special session course or program leading to a degree, at least one of the following shall be satisfied: (i) Appropriations from the General Fund to support the program are either unavailable or inappropriate. (ii) The course or program is designed primarily for career enrichment or retraining. (iii) The location of the course offering is significantly removed from permanent state-supported facilities in order to accommodate state-supported courses or programs. (iv) For a new course or program only, the client group for the course or program receives educational or other services at a cost greater than could be reasonably provided with state funds of the California State University. (v) Delivery is accomplished in an innovative or accelerated manner. (vi) The course or program is developed in collaboration with employers or nonstate entities for purposes of meeting specialized workforce needs not satisfied by a state-supported course or program. (c) With approval from the office of the chancellor, a campus may add a self-supporting section of a course in a state-supported undergraduate degree program, add a self-supported undergraduate degree program, or increase the number of self-supporting sections of an undergraduate course offering, only if all of the following conditions are satisfied: (1) The campus has made the determination that state resources are inadequate to provide for additional state-supported sections. (2) There is no corresponding reduction in the aggregate number of state-supported course offerings on that campus. This paragraph applies only to an academic year for which the annual Budget Act has not reduced the budget of the California State University from the prior year's funding level. (3) The self-supporting section or sections comply with all applicable state laws and systemwide and campus policies. (d) The chancellor shall provide guidance to each campus on how to comply with the requirements of this section. (e) Commencing in the 2016-17 academic year, and each academic year thereafter, the trustees shall receive an annual report at a noticed public meeting on the status of undergraduate self-supported courses and programs. This report shall include all of the following information: (1) Full-time equivalent student undergraduate enrollment in state-supported courses and programs in the academic year. (2) Full-time equivalent student undergraduate enrollment in self-supported courses and programs in the academic year. (3) The number of matriculated undergraduate state-supported full-time equivalent students enrolling in self-supported instruction during the academic year. (4) The proportion of state-supported matriculated undergraduate students enrolling in self-supported instruction during the academic year.SECTION 1.(a) The Legislature finds and declares all of the following: (1) In addition to providing state-supported courses and programs, California State University campuses offer self-supporting courses and programs, known as special sessions. (2) Special sessions are designed and used to provide increased access to the educational resources of the system and to otherwise facilitate the use of those resources. (3) California State University campuses are prohibited from supplanting regular course offerings with self-supporting special sessions. However, the State Auditor has determined that existing state law does not define "supplant." (b) It is the intent of the Legislature to provide sufficient direction to the Chancellor of the California State University and to campuses of the university by clarifying statutory language and defining "supplant."SEC. 2.Section 89708 of the Education Code is amended to read: 89708. (a) Tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. (b) "Special session," as used in this division, means a self-supporting instructional program conducted by the California State University. The special sessions shall include, but not be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions. The self-supporting special sessions shall not supplant regular course offerings available on a non-self-supporting basis during the regular academic year. (c) For purposes of this section, and except as provided in subdivision (d), to "supplant" regular course offerings available on a non-self-supporting basis means to eliminate entirely a state-supported degree program and replace it with a self-supporting instructional program. A campus shall not require a state-supported matriculated student to enroll in a special session course in order to fulfill graduation requirements for a state-supported degree program. (d) After appropriate review and approval by the Office of the Chancellor, a degree may be offered only through a self-supporting instructional program if the program is shown to meet existing student demand and workforce needs.