Amended in Senate May 1, 2013

Senate Bill No. 547

Introduced by Senator Block

February 22, 2013

An act to begin insert amend Sections 78910.10 and 78910.30 of, and to end insert add Chapter 11.5 (commencing with Section 66950) to Part 40 of Division 5 of Title 3 begin delete of end delete begin insert of, end insert the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 547, as amended, Block. Public postsecondary education: online courses.

(1) Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. Provisions of the act are applicable to the University of California only to the extent that the regents, by appropriate resolution, make them applicable.

Existing law requires the begin delete Board end delete begin insert board end insert of begin delete Governors, end delete begin insert governors, end insert the begin delete Trustees, end delete begin insert trustees, end insert and the begin delete Regents, end delete begin insert regents, end insert 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 purpose of transfer. Existing law deems any person who completes this transfer core curriculum as having completed all lower division general education requirements for the University of California and the California State University.

This bill would require the academic senates of the University of California, the California State University, and the California Community Colleges to jointly develop and identify online courses that would be made available to students of each of the 3 segments for enrollment by the fall of 2014. The bill would require the online courses to be in areas defined as high demand transferable lower division courses under the Intersegmental General Education Transfer Curriculum and to be deemed to meet the lower division transfer and degree requirements for the 3 segments. The bill would require the board of governors to create an Internet portal through the California Virtual Campus that facilitates enrollment in the online courses. The bill would require funding for implementation of the bill to be provided for in the annual Budget Act, and would state the intent of the Legislature that the University of California’s receipt of this funding be contingent upon its compliance with the bill’s requirements. begin insert The bill would require the academic senates to submit a progress report to the Legislature by January 31, 2014, and would require the Legislative Analyst’s Office to submit a summary and analysis of the implementation of the bill’s provisions to the appropriate policy and fiscal committees of the Legislature by October 31, 2015. end insert

Pursuant to existing law, this bill would be applicable to the University of California only upon the adoption of an appropriate resolution by the begin delete Regents end delete begin insert regents end insert .

By placing additional requirements on community college districts, the bill would impose a state-mandated local program.

begin insert

(2) Existing law, until January 1, 2014, establishes the California Virtual Campus for various purposes, including, among others, to enhance the awareness of, and access to, online courses of study.

end insert begin insert

This bill would extend the provisions establishing the California Virtual Campus until January 1, 2017, and would expand the purposes of the California Virtual Campus to include accomplishing the objectives established by the bill relating to online courses.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature to provide a
means by which students at public postsecondary educational
institutions can successfully access and complete courses that meet
their degree objectives, and that the online courses developed
pursuant to the provisions of this act provide a viable means for
increasing persistence, completion, and graduation rates. end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Chapter 11.5 (commencing with Section 66950) is
added to Part 40 of Division 5 of Title 3 of the Education Code,
to read:

 

Chapter  11.5. Online Courses

 

66950.  

(a) The Academic Senates of the University of
California, the California State University, and the California
Community Colleges shall jointly develop and identify online
courses that shall be made available to students of each of the three
segments for enrollment by the fall of 2014. The online courses
shall be in areas defined as high demand transferable lower division
courses under the Intersegmental General Education Transfer
Curriculum.

(b) The online courses developed pursuant to subdivision (a)
shall be deemed to meet the lower division transfer and degree
requirements for the University of California, the California State
University, and the California Community Colleges.

(c) The Board of Governors of the California Community
Colleges shall create an Internet portal through the California
Virtual Campus that facilitates enrollment in the courses developed
pursuant to subdivision (a).

(d) The University of California, the California State University,
and the California Community Colleges shall do both of the
following:

(1) Develop a process for determining and identifying which
students are most likely to succeed in the online courses developed
pursuant to subdivision (a) and target enrollment efforts toward
those students.

(2) Inform students of the technical requirements a student must
satisfy in order to successfully participate in and complete the
online courses developed pursuant to subdivision (a).

(e) (1) Funding for the implementation of this section shall be
provided for in the annual Budget Act.

(2) It is the intent of the Legislature that the University of
California’s receipt of funding for the implementation of this
section be contingent upon its compliance with the requirements
of this section, notwithstanding Section 67400.

begin insert

(f) (1) By January 31, 2014, the academic senates of the
respective segments shall submit a progress report to the
Legislature that includes a timeline and goals for fulfilling the
requirements of this chapter. The report shall be submitted in
compliance with Section 9795 of the Government Code.

end insert begin insert

(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 31, 2018, pursuant to Section
10231.5 of the Government Code.

end insert

begin insert

begin insert 66951. end insert   

(a) By October 31, 2015, the Legislative Analyst’s
Office shall submit a summary and analysis of the implementation
of the provisions of this chapter to the appropriate policy and
fiscal committees of the Legislature. The report shall include
information on enrollment, retention, and completion of online
courses identified pursuant to subdivision (a) of Section 66950.
The data shall be disaggregated by ethnicity, age, gender, and
socioeconomic status.

(b) The academic senates of the University of California, the
California State University, and the California Community
Colleges shall provide any information necessary to the Legislative
Analyst’s Office to meet the reporting requirement specified in
this section.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 78910.10 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

78910.10.  

(a) (1) The California Virtual Campus, pursuant
to funding provided to the Board of Governors of the California
Community Colleges for this purpose in the annual Budget Act,
may pursue all of the following purposes, to the extent funding is
available:

(A) To enrich formal and informal educational experiences and
improve students’ academic performance by supporting the
development of highly engaging, research-based innovations in
teaching and learning in K-12 public schools and the California
Community Colleges, the California State University, and the
University of California.

(B) To enhance the awareness of, and access to, highly engaging
online courses of study, emphasizing courses of study that support
a diverse and highly skilled science, technology, engineering, and
mathematics workforce.

(C) To support education research, the implementation of
research-based practices, and promote economic development
through the use of next generation advanced network infrastructure,
services, and network technologies that enable collaboration and
resource sharing between formal and informal educators in K-12
public schools, the California Community Colleges, the California
State University, the University of California, independent colleges
and universities, public libraries, and community-based
organizations at locations across the state.

(D) To increase access to next generation Internet services, 21st
century workforce development programs, and e-government
services for students and staff served or employed by education
entities and students served primarily online through partnerships
with public libraries and community-based organizations.

(E) To enhance access to health care education and training
programs to current or future health care workers.

(F) To manage digital assets and develop contracts for services
necessary to provide the technical and management support needed
to maximize the benefits of the high-speed, high-bandwidth
network infrastructure available to public higher education entities
in California.

(G) Through the aggregation of demand for network enabled
technologies and related services from public education entities,
and through partnerships with the private sector, to provide
education entities with access to technical support and staff who
can facilitate statewide efforts that support innovations in teaching
and learning that are necessary to provide for a well-educated
citizenry, and economic and 21st century workforce development.

begin insert

(H) To accomplish the objectives set forth in Chapter 11.5
(commencing with Section 66950) of Part 40 of Division 5.

end insert

(2) To accomplish the purposes of paragraph (1), the California
Virtual Campus may partner with local educational agencies, the
State Department of Education, the 11 regional California
Technology Assistance Projects, the California Community
Colleges, the California State University, the University of
California, independent colleges and universities, public libraries,
and community-based organizations to facilitate ongoing
collaboration and joint efforts relating to the use of technology
resources and high-speed Internet connectivity to support teaching,
learning, workforce development, and research.

(3) Efforts conducted as a result of this chapter shall not prohibit
or otherwise exclude the ability of existing or new educational
technology programs from being developed, expanded, or
enhanced.

(b) For purposes of this article, the following terms have the
following meanings:

(1) “Online courses of study” means any of the following:

(A) Online teaching, learning, and research resources, including,
but not necessarily limited to, books, course materials, video
materials, interactive lessons, tests, or software, the copyrights of
which have expired, or have been released with an intellectual
property license that permits their free use or repurposing by others
without the permission of the original authors or creators of the
learning materials or resources.

(B) Professional development opportunities for formal and
informal educators who desire to use the resources in subparagraph
(A).

(C) Online instruction.

(2) “Online instruction” means technology enabled online real
time (synchronous) interaction between the instructor and the
student, near time (asynchronous) interaction between the instructor
and the student, or any combination thereof.

(c) The California Virtual Campus grant recipient may
accomplish all of the following:

(1) Convene at least four leadership stakeholder group meetings
annually comprised of representatives from the State Department
of Education, the California Technology Assistance Project, and
other related programs administered through the department, local
begin delete education end delete begin insert educational end insert agencies, including adult education, the
California Community Colleges, the California State University,
the University of California, independent colleges and universities,
the California State Library, and representatives from
community-based organizations to ensure the efforts affecting
segments represented are appropriately meeting the needs of those
segments. The leadership stakeholder group shall also coordinate
and obtain assistance with the implementation of efforts delineated
in this article, to identify and maintain an up-to-date list of the
technology resources and tools that are necessary to support
innovation in teaching and learning, and to identify opportunities
for leveraging resources and expertise for meeting those needs in
an efficient and cost-effective manner.

(2) Lead efforts to make online courses of study available across
the state that include, but are not limited to, the following:

(A) Developing online courses of study that are pedagogically
sound and fully accessible, in compliance with the federal
Americans with Disabilities Act (Public Law 101-336), by students
with varying learning styles and disabilities.

(i) The development of K-12 online courses pursuant to this
subparagraph shall be achieved in partnership with local begin delete education end delete
begin insert educational end insert agencies and the California Technology Assistance
Project.

(ii) Online courses developed for grades K-12 pursuant to this
subparagraph shall be aligned to the California academic content
standards and guidelines for online courses.

(B) Overseeing the development of at least 12 model online
courses of study that, collectively, would allow students to meet
the requirements of the Intersegmental General Education Transfer
Curriculum (IGETC) and at least two courses that support basic
skills education courses in English, English as a second language,
or mathematics.

(C) Encouraging the entities listed in paragraph (1) to do both
of the following:

(i) Make accessible to each other their courses of study that are
funded by the state.

(ii) Allow their courses of study to be accessible to the general
public if they determine access would not inhibit their ability to
provide appropriate protection of the state’s intellectual property
rights.

(3) Ensure that the learning objects created as part of the
California Virtual Campus online courses of study with state
General Fund revenues are linked to digital content libraries that
include information about course content freely available to
California educators and students.

(4) Develop formal partnership agreements between the entities
listed in paragraph (1) and the California Virtual Campus, including
course articulation agreements that allow qualified high school
students to accelerate the completion of requirements for a high
school diploma and a two-year or four-year degree and agreements
that provide opportunities for part-time faculty teaching online to
obtain full-time employment teaching online.

(5) Develop formal partnership agreements with the entities
listed in paragraph (1) and others to enhance access to professional
development courses that introduce faculty, teachers, staff, and
college course developers to the conceptual development, creation,
and production methodologies that underlie the development of
online courses of study and support students’ successful completion
of those courses. The professional development opportunities may
include, but not necessarily be limited to, all of the following:

(A) Addressing issues relating to copyright, permission for the
use or reuse of material, use of resources in the public domain,
and other intellectual property concepts.

(B) Accessibility for students with disabilities.

(C) Factors to ensure that content is culturally relevant to a
diverse student body.

(D) Delivery options that incorporate multiple learning styles
and strategies.

(6) Develop formal partnership agreements with entities,
including, but not limited to, those listed in paragraph (1), to ensure
access to online professional learning communities that incorporate
the use of Internet-based collaboration tools and to support joint
discussions between K-12 educators, higher education faculty and
staff, and others to examine student performance data, student
learning objectives, curriculum, and other issues that relate to
students’ academic success and preparation for the workforce.

(7) In partnership with entities, including those listed in
paragraph (1), develop an e-portfolio system that allows
participating students to demonstrate their attainment of academic
learning objectives, skills and knowledge that relate to their career
interests, and completion of prerequisites for participation in
courses or training programs. The e-portfolio system may do all
of the following:

(A) Ensure that student privacy is protected in accordance with
existing law.

(B) Comply with accessibility laws for students with disabilities.

(C) Be designed in a manner that supports the use of e-portfolio
content in the accreditation requirements of schools, colleges, and
universities.

(8) In partnership with entities, including those listed in
paragraph (1), identify opportunities to enhance students’ access
to medical education and medical services through the use of
high-speed Internet connections to the campuses, and opportunities
for education programs and services to support the telehealth efforts
taking place within the state.

(d) The lead agency for the California Virtual Campus, in
consultation with the leadership stakeholder group described in
paragraph (1) of subdivision (c) if that group is convened by the
California Virtual Campus grant recipient, shall contract with an
independent third party with expertise in online teaching, learning,
and the development of online courses of study, as approved by
the board, to evaluate the California Virtual Campus. The
evaluation shall include, but not be limited to, an assessment of
the number of faculty, teachers, consortia, informal educators, and
students that use the online courses of study, the quality of students’
experiences, student grades earned, and the cost of the online
course content, comparing the online course content with traditional
textbooks. The board may require additional information that it
determines to be necessary to evaluate the effectiveness and
viability of the California Virtual Campus. This evaluation shall
be submitted to the Legislature no later than three years after the
enactment of this act.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 78910.30 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

78910.30.  

This article shall remain in effect until January 1,
begin delete 2014, end delete begin insert 2017, end insert and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2014, end delete begin insert 2017, end insert deletes or
extends that date.

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.