Amended in Senate May 1, 2013

Senate BillNo. 547


Introduced by Senator Block

February 22, 2013


An act tobegin insert amend Sections 78910.10 and 78910.30 of, and toend insert add Chapter 11.5 (commencing with Section 66950) to Part 40 of Division 5 of Title 3begin delete ofend deletebegin 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 thebegin delete Boardend deletebegin insert boardend insert ofbegin delete Governors,end deletebegin insert governors,end insert thebegin delete Trustees,end deletebegin insert trustees,end insert and thebegin delete Regents,end deletebegin 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 thebegin delete Regentsend deletebegin insert regentsend 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
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(2)

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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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature to provide a
2means by which students at public postsecondary educational
3institutions can successfully access and complete courses that meet
4their degree objectives, and that the online courses developed
5pursuant to the provisions of this act provide a viable means for
6increasing persistence, completion, and graduation rates.end insert

7

begin deleteSECTION 1.end delete
8begin insertSEC. 2.end insert  

Chapter 11.5 (commencing with Section 66950) is
9added to Part 40 of Division 5 of Title 3 of the Education Code,
10to read:

11 

12Chapter  11.5. Online Courses
13

 

14

66950.  

(a) The Academic Senates of the University of
15California, the California State University, and the California
16Community Colleges shall jointly develop and identify online
17courses that shall be made available to students of each of the three
18segments for enrollment by the fall of 2014. The online courses
19shall be in areas defined as high demand transferable lower division
20courses under the Intersegmental General Education Transfer
21Curriculum.

22(b) The online courses developed pursuant to subdivision (a)
23shall be deemed to meet the lower division transfer and degree
24requirements for the University of California, the California State
25University, and the California Community Colleges.

26(c) The Board of Governors of the California Community
27Colleges shall create an Internet portal through the California
28Virtual Campus that facilitates enrollment in the courses developed
29pursuant to subdivision (a).

30(d) The University of California, the California State University,
31and the California Community Colleges shall do both of the
32following:

P4    1(1) Develop a process for determining and identifying which
2students are most likely to succeed in the online courses developed
3pursuant to subdivision (a) and target enrollment efforts toward
4those students.

5(2) Inform students of the technical requirements a student must
6satisfy in order to successfully participate in and complete the
7online courses developed pursuant to subdivision (a).

8(e) (1) Funding for the implementation of this section shall be
9provided for in the annual Budget Act.

10(2) It is the intent of the Legislature that the University of
11California’s receipt of funding for the implementation of this
12section be contingent upon its compliance with the requirements
13of this section, notwithstanding Section 67400.

begin insert

14(f) (1) By January 31, 2014, the academic senates of the
15respective segments shall submit a progress report to the
16Legislature that includes a timeline and goals for fulfilling the
17requirements of this chapter. The report shall be submitted in
18compliance with Section 9795 of the Government Code.

end insert
begin insert

19(2) The requirement for submitting a report imposed under this
20subdivision is inoperative on January 31, 2018, pursuant to Section
2110231.5 of the Government Code.

end insert
begin insert
22

begin insert66951.end insert  

(a) By October 31, 2015, the Legislative Analyst’s
23Office shall submit a summary and analysis of the implementation
24of the provisions of this chapter to the appropriate policy and
25fiscal committees of the Legislature. The report shall include
26information on enrollment, retention, and completion of online
27courses identified pursuant to subdivision (a) of Section 66950.
28The data shall be disaggregated by ethnicity, age, gender, and
29socioeconomic status.

30(b) The academic senates of the University of California, the
31California State University, and the California Community
32Colleges shall provide any information necessary to the Legislative
33Analyst’s Office to meet the reporting requirement specified in
34this section.

end insert
35begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 78910.10 of the end insertbegin insertEducation Codeend insertbegin insert is amended
36to read:end insert

37

78910.10.  

(a) (1) The California Virtual Campus, pursuant
38to funding provided to the Board of Governors of the California
39Community Colleges for this purpose in the annual Budget Act,
P5    1may pursue all of the following purposes, to the extent funding is
2available:

3(A) To enrich formal and informal educational experiences and
4improve students’ academic performance by supporting the
5development of highly engaging, research-based innovations in
6teaching and learning in K-12 public schools and the California
7Community Colleges, the California State University, and the
8University of California.

9(B) To enhance the awareness of, and access to, highly engaging
10online courses of study, emphasizing courses of study that support
11a diverse and highly skilled science, technology, engineering, and
12mathematics workforce.

13(C) To support education research, the implementation of
14research-based practices, and promote economic development
15through the use of next generation advanced network infrastructure,
16services, and network technologies that enable collaboration and
17resource sharing between formal and informal educators in K-12
18public schools, the California Community Colleges, the California
19State University, the University of California, independent colleges
20and universities, public libraries, and community-based
21organizations at locations across the state.

22(D) To increase access to next generation Internet services, 21st
23century workforce development programs, and e-government
24services for students and staff served or employed by education
25entities and students served primarily online through partnerships
26with public libraries and community-based organizations.

27(E) To enhance access to health care education and training
28programs to current or future health care workers.

29(F) To manage digital assets and develop contracts for services
30necessary to provide the technical and management support needed
31to maximize the benefits of the high-speed, high-bandwidth
32network infrastructure available to public higher education entities
33in California.

34(G) Through the aggregation of demand for network enabled
35technologies and related services from public education entities,
36and through partnerships with the private sector, to provide
37education entities with access to technical support and staff who
38can facilitate statewide efforts that support innovations in teaching
39and learning that are necessary to provide for a well-educated
40citizenry, and economic and 21st century workforce development.

begin insert

P6    1(H) To accomplish the objectives set forth in Chapter 11.5
2(commencing with Section 66950) of Part 40 of Division 5.

end insert

3(2) To accomplish the purposes of paragraph (1), the California
4Virtual Campus may partner with local educational agencies, the
5State Department of Education, the 11 regional California
6Technology Assistance Projects, the California Community
7Colleges, the California State University, the University of
8California, independent colleges and universities, public libraries,
9and community-based organizations to facilitate ongoing
10collaboration and joint efforts relating to the use of technology
11resources and high-speed Internet connectivity to support teaching,
12learning, workforce development, and research.

13(3) Efforts conducted as a result of this chapter shall not prohibit
14or otherwise exclude the ability of existing or new educational
15technology programs from being developed, expanded, or
16enhanced.

17(b) For purposes of this article, the following terms have the
18following meanings:

19(1) “Online courses of study” means any of the following:

20(A) Online teaching, learning, and research resources, including,
21but not necessarily limited to, books, course materials, video
22materials, interactive lessons, tests, or software, the copyrights of
23which have expired, or have been released with an intellectual
24property license that permits their free use or repurposing by others
25without the permission of the original authors or creators of the
26learning materials or resources.

27(B) Professional development opportunities for formal and
28informal educators who desire to use the resources in subparagraph
29(A).

30(C) Online instruction.

31(2) “Online instruction” means technology enabled online real
32time (synchronous) interaction between the instructor and the
33student, near time (asynchronous) interaction between the instructor
34and the student, or any combination thereof.

35(c) The California Virtual Campus grant recipient may
36accomplish all of the following:

37(1) Convene at least four leadership stakeholder group meetings
38annually comprised of representatives from the State Department
39of Education, the California Technology Assistance Project, and
40other related programs administered through the department, local
P7    1begin delete educationend deletebegin insert educationalend insert agencies, including adult education, the
2California Community Colleges, the California State University,
3the University of California, independent colleges and universities,
4the California State Library, and representatives from
5community-based organizations to ensure the efforts affecting
6segments represented are appropriately meeting the needs of those
7segments. The leadership stakeholder group shall also coordinate
8and obtain assistance with the implementation of efforts delineated
9in this article, to identify and maintain an up-to-date list of the
10technology resources and tools that are necessary to support
11innovation in teaching and learning, and to identify opportunities
12for leveraging resources and expertise for meeting those needs in
13an efficient and cost-effective manner.

14(2) Lead efforts to make online courses of study available across
15the state that include, but are not limited to, the following:

16(A) Developing online courses of study that are pedagogically
17sound and fully accessible, in compliance with the federal
18Americans with Disabilities Act (Public Law 101-336), by students
19with varying learning styles and disabilities.

20(i) The development of K-12 online courses pursuant to this
21subparagraph shall be achieved in partnership with localbegin delete educationend delete
22begin insert educationalend insert agencies and the California Technology Assistance
23 Project.

24(ii) Online courses developed for grades K-12 pursuant to this
25subparagraph shall be aligned to the California academic content
26standards and guidelines for online courses.

27(B) Overseeing the development of at least 12 model online
28courses of study that, collectively, would allow students to meet
29the requirements of the Intersegmental General Education Transfer
30Curriculum (IGETC) and at least two courses that support basic
31skills education courses in English, English as a second language,
32or mathematics.

33(C) Encouraging the entities listed in paragraph (1) to do both
34of the following:

35(i) Make accessible to each other their courses of study that are
36funded by the state.

37(ii) Allow their courses of study to be accessible to the general
38public if they determine access would not inhibit their ability to
39provide appropriate protection of the state’s intellectual property
40rights.

P8    1(3) Ensure that the learning objects created as part of the
2California Virtual Campus online courses of study with state
3General Fund revenues are linked to digital content libraries that
4include information about course content freely available to
5California educators and students.

6(4) Develop formal partnership agreements between the entities
7listed in paragraph (1) and the California Virtual Campus, including
8course articulation agreements that allow qualified high school
9students to accelerate the completion of requirements for a high
10school diploma and a two-year or four-year degree and agreements
11that provide opportunities for part-time faculty teaching online to
12obtain full-time employment teaching online.

13(5) Develop formal partnership agreements with the entities
14listed in paragraph (1) and others to enhance access to professional
15development courses that introduce faculty, teachers, staff, and
16college course developers to the conceptual development, creation,
17and production methodologies that underlie the development of
18online courses of study and support students’ successful completion
19of those courses. The professional development opportunities may
20include, but not necessarily be limited to, all of the following:

21(A) Addressing issues relating to copyright, permission for the
22use or reuse of material, use of resources in the public domain,
23and other intellectual property concepts.

24(B) Accessibility for students with disabilities.

25(C) Factors to ensure that content is culturally relevant to a
26diverse student body.

27(D) Delivery options that incorporate multiple learning styles
28and strategies.

29(6) Develop formal partnership agreements with entities,
30including, but not limited to, those listed in paragraph (1), to ensure
31access to online professional learning communities that incorporate
32the use of Internet-based collaboration tools and to support joint
33discussions between K-12 educators, higher education faculty and
34staff, and others to examine student performance data, student
35learning objectives, curriculum, and other issues that relate to
36students’ academic success and preparation for the workforce.

37(7) In partnership with entities, including those listed in
38paragraph (1), develop an e-portfolio system that allows
39participating students to demonstrate their attainment of academic
40learning objectives, skills and knowledge that relate to their career
P9    1interests, and completion of prerequisites for participation in
2courses or training programs. The e-portfolio system may do all
3of the following:

4(A) Ensure that student privacy is protected in accordance with
5existing law.

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

7(C) Be designed in a manner that supports the use of e-portfolio
8content in the accreditation requirements of schools, colleges, and
9universities.

10(8) In partnership with entities, including those listed in
11paragraph (1), identify opportunities to enhance students’ access
12to medical education and medical services through the use of
13high-speed Internet connections to the campuses, and opportunities
14for education programs and services to support the telehealth efforts
15taking place within the state.

16(d) The lead agency for the California Virtual Campus, in
17consultation with the leadership stakeholder group described in
18paragraph (1) of subdivision (c) if that group is convened by the
19California Virtual Campus grant recipient, shall contract with an
20independent third party with expertise in online teaching, learning,
21and the development of online courses of study, as approved by
22the board, to evaluate the California Virtual Campus. The
23evaluation shall include, but not be limited to, an assessment of
24the number of faculty, teachers, consortia, informal educators, and
25students that use the online courses of study, the quality of students’
26experiences, student grades earned, and the cost of the online
27course content, comparing the online course content with traditional
28textbooks. The board may require additional information that it
29determines to be necessary to evaluate the effectiveness and
30viability of the California Virtual Campus. This evaluation shall
31be submitted to the Legislature no later than three years after the
32enactment of this act.

33begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 78910.30 of the end insertbegin insertEducation Codeend insertbegin insert is amended
34to read:end insert

35

78910.30.  

This article shall remain in effect until January 1,
36begin delete 2014,end deletebegin insert 2017,end insert and as of that date is repealed, unless a later enacted
37statute, that is enacted before January 1,begin delete 2014,end deletebegin insert 2017,end insert deletes or
38extends that date.

P10   1

begin deleteSEC. 2.end delete
2begin insertSEC. 5.end insert  

If the Commission on State Mandates determines that
3this act contains costs mandated by the state, reimbursement to
4local agencies and school districts for those costs shall be made
5pursuant to Part 7 (commencing with Section 17500) of Division
64 of Title 2 of the Government Code.



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