BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       SB 520
          AUTHOR:        Steinberg
          AMENDED:       April 17, 2013
          FISCAL COMM:   Yes            HEARING DATE:  April 24, 2013
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  California Online Student Access Platform.
          
           SUMMARY  

          This bill requires the President of the University of  
          California, the Chancellor of the California State  
          University, and the Chancellor of the California Community  
          Colleges, jointly with each of their academic senates to  
          solicit, develop, and promote appropriate partnerships  
          between online course providers and faculty members of the  
          three systems to develop and deploy high-quality online  
          options for strategically selected lower division courses  
          under the Intersegmental General Education Transfer  
          Curriculum, as specified, and provides that funding for  
          this purpose be required in the Budget Act.

           BACKGROUND  

          Current law requires the California Community Colleges, the  
          University of California, and the California State  
          University, with appropriate consultation with the Academic  
          Senates of the respective segments, to jointly develop,  
          maintain, and disseminate a common core curriculum in  
          general education courses for the purposes of transfer.  
          Current law also provides that any person who has  
          successfully completed the transfer core curriculum is  
          deemed to have completed all lower division general  
          education requirements for the UC and the CSU. This  
          transfer core curriculum is commonly referred to as "IGETC"  
          - the Intersegmental General Education Transfer Curriculum.  

          (Education Code � 66721)

          Current law establishes the California Virtual Campus  
          (CVC), until January 1, 2014, and outlines the purposes  




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          that it may pursue. Among other things, the CVC issues  
          grants and recipients may use the grants to lead efforts to  
          make online courses available to students across the state.  
          (EC � 78910.10)

           ANALYSIS
           
           This bill  :

          1)   Establishes the California Online Student Access  
               Platform and provides that it:

                    a)             Be developed and administered  
                    jointly by the President of the University of  
                    California (UC), the Chancellor of the California  
                    State University (CSU), and the Chancellor of the  
                    California Community Colleges (CCC), jointly with  
                    each of their academic senates.

                    b)             Solicit, develop, and promote  
                    appropriate partnerships between online course  
                    providers and faculty members of the UC, CSU, and  
                    CCC to develop and deploy high-quality online  
                    options for strategically selected lower division  
                    courses.

                    c)             Provide an efficient statewide  
                    mechanism for online course providers, in  
                    partnership with UC, CSU, and CCC faculty, to  
                    offer transferable courses for credit.

                    d)             Create a pool of approved and  
                    transferable online credit courses through which  
                    students seeking to enroll may easily access  
                    those courses and related content.

                    e)             Provide a faculty-led process that  
                    places the highest priority on educational  
                    quality through which online courses can be  
                    subjected to high-quality standards and review.

                    f)             Allow the state, the public,  
                    students, faculty, and other stakeholders to  
                    examine student success rates within the  
                    platform.





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          2)   In order to accomplish the objectives outlined in (1):

                    a)             Requires the President of the UC,  
                    the Chancellor of the CSU, and the Chancellor of  
                    the CCC, jointly with each of their academic  
                    senates to develop a list of the 50 most impacted  
                    lower division courses at each of the segments  
                    that are deemed necessary for program completion  
                    or meeting general education requirements in  
                    high-demand transferable lower division courses  
                    under Intersegmental General Education Transfer  
                    Curriculum (IGETC) and, through the partnerships  
                    required by the provisions of the bill, make  
                    these multiple high quality online course options  
                    available for student enrollment by fall term of  
                    the 2014-15 academic year.

                    b)             Requires that an online course  
                    developed under these provisions be deemed to  
                    meet the lower division transfer and degree  
                    requirements at the UC, CSU, and CCC.

                    c)             Requires, and outlines the  
                    elements of, a review and approval process for  
                    these courses that, at a minimum, considers the  
                    extent to which the course provides instructional  
                    support, retention and success services, student  
                    and instructor interaction, proctored student  
                    assessments and secure examination processes,  
                    pre-enrollment assessment of student suitability,  
                    the use of texts from the California Digital Open  
                    Source Library, and the inclusion of adaptive  
                    learning technologies.

                    d)             Specifies that the courses  
                    developed pursuant to (c) are for matriculated  
                    students at the University of California (UC),  
                    California State University (CSU), California  
                    Community Colleges (CCC), or for California high  
                    school students.

                    e)             Prohibits the approval of any  
                    course for this purpose unless it is associated  
                    with a faculty sponsor who is a member of the  
                    faculty at the UC, CSU, or CCC. 





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                    f)             Requires the regular solicitation  
                    and consideration of advice and guidance on  
                    implementation of the platform from the statewide  
                    student associations of each segment.

                    g)             Requires the collection, review  
                    and public availability of data and information  
                    related to student success including enrollment,  
                    retention and completion.

                    h)             Requires utilization of the state  
                    common course numbering system for approved  
                    courses.

                    i)             Requires the placement of these  
                    courses in the California Virtual Campus.

                    j)             Requires that matriculated  
                    students at the UC, CSU, CCC or California high  
                    school students who complete these courses and  
                    achieve a passing score on a related exam be  
                    granted credit for an equivalent course at the  
                    UC, CSU or CCC as applicable.

          3)   Requires that funding for implementation of these  
               provisions be provided in the Annual Budget Act. 

          4)   Declares the Legislature's intent that receipt of  
               funding for implementing these provisions by the UC is  
               contingent upon its compliance with the bill's  
               requirements. 

          5)   Extends the sunset on the California Virtual Campus  
               until January 1, 2017.
           
          STAFF COMMENTS  

           1)   In summary  .  This bill would provide public funding to  
               faculty and the administration at the UC, CSU, and CCC  
               and require the use of that funding to work with  
               private online providers to develop 50 courses that  
               would be offered by the  private online providers  to  
               matriculated students at the public segments and to  
               California high school students through the California  
               Virtual Campus by the fall of 2014 for purposes of  
               meeting lower division degree and transfer  




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               requirements. It also provides that in order to be  
               granted credit for these courses, students would have  
               to achieve a passing score on a related exam.

               The committee may wish to consider the following  
               questions:

                    a)             Is it envisioned that the private  
                         entity offer technology services for the  
                         delivery of these courses, or that the  
                         private entity offer educational services,  
                         i.e. courses, developed with the assistance  
                         of public resources?

                    b)             Is it an appropriate use of public  
                         dollars and publicly employed faculty to  
                         develop educational services to be offered  
                         by a private entity? 

                    c)             Who owns the course content that  
                         is developed with public dollars? Would the  
                         faculty who developed the courses lose all  
                         control or access to the content, or be  
                         required to pay to use the curriculum they  
                         developed?

                    d)             Would the private online provider  
                         be able to offer courses to individuals  
                         other than matriculated students and  
                         California high school students and/or  
                         profit from the courses developed with  
                         public funding?

                    e)             Are matriculated students who are  
                         already paying fees and tuition to our  
                         public universities, and whose parents  
                         provide the tax revenue for general fund  
                         resources provided in the budget, expected  
                         to "pay again" for a class that was  
                         developed with/by public employees  
                         (faculty)? 

                    f)             Is 50 courses the right number?  
                         Would this statutory requirement compel the  
                         creation of courses whether they are  
                         appropriate for online delivery or not?




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                    g)             This bill requires that any course  
                         that might be approved for this purpose must  
                         have a faculty sponsor. What real, or  
                         perceived, conflicts of interest might this  
                         create? 

                    h)             This bill requires "appropriate"  
                         partnerships with private online providers  
                         but does not outline what appropriate means.  
                         What would be appropriate? What would be  
                         inappropriate? Should the bill outline  
                         contractual conditions that must be met by  
                         contractors in order to partner with the  
                         faculty and institutions?

           2)   Why is it necessary to require partnership with  
               private online course providers  ? This bill  requires   
               the public segments of higher education to solicit,  
               develop, and promote partnerships with private online  
               course providers to increase enrollment opportunities  
               in lower division transfer and degree courses. 

               Several examples exist of how these types of  
               partnerships are already voluntarily happening at  
               public higher education institutions in California.  
               Udacity, a private educational organization funded  
               through venture capital, offers a select number of  
               online courses for college credit in partnership with  
               San Jose State University. San Jose State also  
               recently announced an expansion of its collaboration  
               with EdX, a not-for-profit online learning enterprise  
               founded by Harvard and MIT, to serve up to 11 more  
               California State University (CSU) campuses through a  
               collaboratively established Center for Excellence in  
               Adaptive and Blended Learning at the campus. UC  
               Berkeley also participates with EdX to offer online  
               courses and currently offers six noncredit Massive  
               Open Online Courses (MOOCs), but reports that it also  
               offers nearly 30 undergraduate online courses for  
               credit. 
                
                Much of the publicity and enrollment in MOOCs began in  
               the fall of 2011 with the offering of three such  
               courses at Stanford University. MOOCs are a relatively  
               new phenomenon and the features of, and conditions  




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               surrounding the use of these courses, platforms, and  
               related contractual issues are still evolving. 

               Is it prudent to require the use of public dollars to  
               partner with private entities in a field that is new  
               and changing? Are there existing obstacles that  
               prevent or discourage faculty and institutions from  
               partnering voluntarily? How do we facilitate or  
               incentivize, rather than require, engagement with  
               technology and education vendors? Would it be better  
               to simply legislatively endorse and encourage  
               partnerships as an option among several for developing  
               online courses to meet enrollment demands? 

               SB 547, also on today's agenda, directs the academic  
               senates to develop and identify online courses to meet  
               the same objectives outlined in this bill.  SB 547  
               does not preclude the academic senates from endorsing  
               partnerships with education or technology vendors as a  
               means of developing online coursework to meet its  
               requirements. Should this bill refer to the process  
               outlined in SB 547 and provide incentives or guidance  
               for using private online providers as one means of  
               achieving the goals outlined in that bill? 

           3)   What else is already being done  ?  All three segments  
               currently make online courses available to students  
               for degree credit. According to a 2010 Legislative  
               Analyst Office report, Using Distance Education to  
               Increase College Access and Efficiency, distance  
               education courses (generally defined as using  
               internet, television or other modes of technology to  
               deliver instruction) are offered at virtually all 112  
               California Community Colleges and some report serving  
               over 40 percent of their students via the distance  
               education medium. The CSU reports that it offers 84  
               undergraduate and master's programs online, over  
               13,000 full online and hybrid courses, and 150  
               professional development certificate programs online.  
               In addition, individual faculty and institutions  
               throughout the public postsecondary education system  
               have voluntarily partnered with private online  
               providers to develop courses, some of which are  
               available for credit. 
                
                If online courses are a viable means for increasing  




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               access would it be more reasonable to first leverage  
               these existing efforts before requiring that faculty  
               and the institutions use outside, non-public entities  
               to meet student needs?

           4)   To what end  ?  Online education is one of many  
               strategies possible for successfully meeting the  
               increasing demand for higher education opportunity in  
               California.  But is online education the objective or  
               is it simply a tool?  Recent policy discussion around  
               our public institutions has acknowledged that while  
               California has traditionally been committed to access,  
               we have not always ensured student success.  

               According to a study by the Columbia University  
               College Research Center, "Adaptability Online  
               Learning: Differences Across Types of Students and  
               Academic Subject Areas", all students who take more  
               online courses, no matter the demographic, are less  
               likely to attain a degree, and some groups, including  
               black, male, younger and lower grade-point-average  
               students are particularly susceptible to this pattern.  
               The study was based on a dataset of nearly 500,000  
               courses taken by over 40,000 community and technical  
               college students in Washington State in fall 2004.  
               According to the researchers, their findings support  
               the notion that students are not homogenous in their  
               adaptability to the online delivery format and may  
               have substantially different outcomes for online  
               learning, and that these patterns suggest that  
               performance gaps between key demographic groups  
               already observed in face-to-face settings are  
               exacerbated in online courses.

               This bill requires the use of private online providers  
               to increase enrollment opportunities in courses that  
               may move students toward their degree objectives.   
               While online courses in general have shown mixed  
               results as a tool for student success, private online  
               providers have had even less time to demonstrate that  
               the courses they offer are a viable means for  
               increasing persistence, completion and graduation  
               rates.  Should partnerships with private online  
               providers be required without sufficient evidence that  
               this tool not only increases enrollment opportunities,  
               but completion as well?  What authority or leverage  




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               would the Legislature have over private providers if  
               these courses do not yield the successful outcomes  
               anticipated?

           5)   California Virtual Campus  .   The California Virtual  
               Campus (CVC) began under the name the California  
               Virtual University in 1997 as an intersegmental effort  
               to establish and maintain a catalog of online courses  
               and to help faculty convert traditional courses into  
               an online format.  The name changed to the CVC in 1999  
               when stewardship of the intersegmental effort passed  
               to the California Community Colleges.  The CVC was  
               annually recognized in the annual Budget Act where it  
               was provided funding for the support of distance  
               education centers and for a grant program administered  
               by the Chancellor's office. Legislation placing the  
               California Virtual Campus (CVC) in statute and  
               outlining its purpose was enacted in 2008. Funded by a  
               grant from the California Community Colleges  
               Chancellor's Office, the Butte-Glenn Community College  
               currently administers the CVC.  The CVC does not  
               confer degrees or certificates, but provides links to  
               California campuses offering technology mediated  
               distance learning degrees and programs. According to  
               the CVC there are more than 16,000 courses and 1,200  
               degree programs offered at 167 accredited institutions  
               of higher education in the CVC Distance Education  
               Catalog. 

               This bill extends the sunset date for the CVC to 2017.  


           6)   Related budget proposal  .  The Governor's 2013-14  
               proposed budget includes funding to expand the  
               delivery of higher education courses through the use  
               of technology.  The proposal includes a $16.9 million  
               augmentation to the community colleges and a set aside  
               of $10 million each in the University of California  
               and California State University budget to increase the  
               number of online courses available to matriculated  
               undergraduates, specifically those courses that have  
               the highest demand, fill quickly, and are  
               prerequisites for many different degrees.  The  
               proposal also stipulates that courses must be aimed at  
               advanced students who are likely to succeed in these  
               types of courses.




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               For the community colleges, the Governor specifically  
               articulates a goal of 250 new courses, the creation of  
               a "virtual campus" to increase statewide student  
               access to these courses, and the creation of a single,  
               common, and centralized delivery and support  
               infrastructure for all courses delivered through  
               technology and for all community colleges. The  
               Governor also requires the expansion of options for  
               students to access instruction in other environments  
               and earn college credit for demonstrated knowledge and  
               skills through credit by exam.

           7)   Other similar legislation  . 

               AB 386 (Levine) declares the Legislature's intent  
               that, by 2015-16, students  enrolled at a CSU campus  
               be provided an opportunity to enroll in online courses  
               available at other CSU campuses, authorizes any CSU  
               student  who meets specified requirements to enroll in  
               these courses, without formal admission, and without  
               payment of additional tuition or fees, and requires  
               the trustees, to establish an easily accessible online  
               database of online credit courses that fulfill  
               graduation, general education and major requirements  
               before January 1, 2015.  AB 386 is currently awaiting  
               action in the Assembly Higher Education Committee. 

               AB 387 (Levine) requires the trustees to establish a  
               series of uniform definitions for online education,  
               for purposes of measuring and reporting performance  
               data to the Legislature, on or before January 1, 2015,  
               and further requires that not less than 10% of new  
               course offerings be online courses, as defined.   AB  
               387 is currently awaiting action in the Assembly  
               Higher Education Committee. 

               AB 895 (Redon) establishes the California  
               Postsecondary Online Education Task Force to evaluate  
                                                                                      and identify best practices for the implementation of  
               online education in California and to report  
               information and recommendations for innovative online  
               education methods every two years beginning January 1,  
               2016. 

           SUPPORT 




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          None received.

           OPPOSITION

           California Community College Independents
          California Faculty Association
          California Federation of Teachers
          California Labor Federation
          California School Employees Association
          California Teachers Association
          Faculty Association of California Community Colleges
          SEIU California
          UAW 5810