BILL ANALYSIS                                                                                                                                                                                                    Ó






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

          BILL NO:       SB 850
          AUTHOR:        Block
          AMENDED:       April 10, 2014
          FISCAL COMM:   Yes            HEARING DATE:  April 24, 2014
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Baccalaureate Degree Pilot Program.
          
           SUMMARY 

          This bill authorizes the Board of Governors (BOG) of the  
          California Community Colleges (CCC), in consultation with  
          the California State University (CSU) and the University of  
          California (UC), to establish baccalaureate degree pilot  
          programs at up to 20 community college districts, as  
          specified, to be determined by the Chancellor of the CCC.
           
           BACKGROUND  

          Current law differentiates the missions and functions of  
          public and independent institutions of higher education.   
          Under these provisions:

                 The primary mission of the CSU is required to offer  
               undergraduate and graduate instruction through the  
               master's degree. The CSU is authorized to establish  
               two-year programs only when mutually agreed upon by  
               the Trustees and the CCC Board of Governors.  The CSU  
               is also authorized to jointly award the doctoral  
               degree with the UC and with one or more independent  
               institutions of higher education. 

                 The UC is authorized to provide undergraduate and  
               graduate instruction and has exclusive jurisdiction in  
               public higher education over graduate instruction in  
               the professions of law, medicine, dentistry and  
               veterinary medicine.  The UC is also the primary  
               state-supported academic agency for research. 

                 The independent institutions of higher education  
               are required to provide undergraduate and graduate  




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               instruction and research in accordance with their  
               respective missions.

                 The mission and function of the California  
               Community Colleges is the offering of academic and  
               vocational instruction at the lower division level and  
               the CCC are authorized to grant the associate in arts  
               and the associate in science degree. The community  
               colleges are also required to offer remedial  
               instruction, English as a Second Language instruction,  
               and adult noncredit instruction, and support services  
               which help students succeed at the postsecondary  
               level.  (Education Code § 66010.4)

           ANALYSIS
           
           This bill  :

          1)   Authorizes the Board of Governors of the CCC, in  
               consultation with the CSU and the UC, to authorize  
               establishment of baccalaureate degree pilot programs  
               at selected districts, to be determined by the  
               Chancellor of the CCC and further:

                    a)             Requires that the pilot program be  
                    limited to no more than 20 districts.

                    b)             Requires that a pilot program  
                    established under these provisions expire after 8  
                    years.

                    c)             Sets the start time for the 8  
                    years as the date that the first class of  
                    students begins the program.

          2)   Establishes the following eligibility requirements for  
               a district to be  considered for authorization by the  
               BOG:

                    a)             Requires the district be  
                    authorized to offer baccalaureate degree programs  
                    through an appropriate accrediting body.

                    b)             Requires the district maintain, as  
                    its primary mission, the offering of lower  
                    division academic and vocational instruction.




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                    c)             Requires the district's new  
                     additional  mission to be to provide high-quality  
                    undergraduate education at an affordable price  
                    for students and the state.

                    d)             Limits a district to offering only  
                    one type of baccalaureate degree per campus, as  
                    determined by the local governing board and  
                    approved by the Board of Governors. 

                    e)             Requires, in identifying the  
                    degree programs to be offered at its campuses,  
                    that the district:

                           i)                  Identify and document  
                         unmet workforce needs in the subject areas  
                         of the baccalaureate degrees and offer that  
                         program in that community or region.

                           ii)     Be prohibited from duplicating  
                         similar programs offered by public  
                         postsecondary educational institutions,  
                         unless approved by the Chancellor of the  
                         CSU.

                           iii)    Requires that a district have the  
                         expertise, resources, and student interest  
                         to offer a quality baccalaureate degree in  
                         the chosen field of study.

                    f)             Requires that the district  
                    maintain separate records for students enrolled  
                    in the upper and lower divisions of a  
                    baccalaureate degree program and that the student  
                    be reported as a community college student for  
                    enrollment in lower division and as a BA degree  
                    program student in upper division.

                    g)             Requires the district to submit  
                    the proposed governance system, curriculum,  
                    faculty, facilities, and the level of  
                    matriculation for the baccalaureate degree  
                    program for review and approval by the Chancellor  
                    and BOG.





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          3)   Requires the BOG to develop and adopt a funding model  
               to support the baccalaureate degree pilot programs and  
               further:

                    a)             Requires the model be based on a  
                    calculation of the number of FTES enrolled in the  
                    program.  

                    b)             Requires that per FTES funding be  
                    based upon a marginal cost calculation that  
                    cannot exceed the marginal cost calculation of  
                    the CSU.

                    c)             Authorizes the program to charge  
                    fees up to the amount charged for BA programs at  
                    the CSU, subject to upper division coursework  
                    fees being set and approved by the Legislature.
               
          4)   Authorizes the board of the local district to enter  
               into agreement with local businesses and agencies to  
               provide educational services to students participating  
               in the program.

          5)   Requires a district authorized to offer the  
               baccalaureate degree pilot program to submit a report  
               to the Chancellor's Office one year prior to the  
               expiration of the pilot program or one year after the  
               first graduating class, whichever comes first,  
               evaluating the completion rate of the program, the  
               extent to which the program is self-supporting, any  
               challenges to finding/paying instructors, whether  
               there was a decline in enrollment at CSU or UC  
               campuses in the regions served by the district as a  
               direct result of the pilot program, and the number of  
               students who received jobs in the baccalaureate degree  
               field of study.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, the state  
               faces an urgent need to increase the number of  
               Californian's with four-year degrees by 2025,  
               necessitating an additional 60,000 BA degrees per  
               year. This bill seeks to find new methods for  
               addressing this skills gap by authorizing the offering  
               of baccalaureate degrees at California's community  




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               colleges. According to the author, this bill is  
               patterned after the applied baccalaureate degree model  
               offered in community colleges of more than twenty  
               other states.   

           2)   Related Study Group Report  .  In 2013, the CCC  
               Chancellor appointed a study group to review the  
               various aspects of bachelor degrees at community  
               colleges.  The  Report from California Community  
               Colleges Baccalaureate Degree Study Group  ,  
               acknowledges questions and reservations that community  
               college bachelor's degrees represent a further erosion  
               of the Master Plan, the potential for duplication of  
               programs, and concerns that broadening the CCC mission  
               would diminish attention to transfer, basic skills,  
               and career technical education, especially as the  
               system moves towards restoring access levels  
               compromised by recent economic conditions.  The study  
               group recommended that the Chancellor's Office and the  
               BOG conduct necessary research and policy analysis  
               related to offering CCC baccalaureates including; a  
               cost study, Chancellor's Office workload projections  
               for related reviewing, approving and reporting, and a  
               definition of the types of baccalaureates appropriate  
               for the CCC.  The group also recommended that further  
               work proceed with ongoing dialog with the CSU and UC,  
               and that further study should consider the potential  
               impact on the current mission of the CCC as well as on  
               existing programs at local campuses. 
                
            3)   Other options  ?  Currently, only the UC and CSU are  
               authorized to offer baccalaureate degrees.   
               Recognizing the need to expand access to these degree  
               programs, several collaborative efforts to respond to  
               workforce needs have evolved. Canada College, within  
               the San Mateo Community College District, currently  
               partners with San Francisco State University and  
               private postsecondary institutions to offer  
               baccalaureate degrees in psychology, business  
               administration, allied health and nursing on its  
               campus. College of the Canyons partners with CSU Los  
               Angeles, Bakersfield and Northridge, and private  
               institutions to offer bachelor's degrees in liberal  
               arts, engineering and other majors through its  
               University Center.





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               To the extent that existing collaborative efforts do  
               not meet demand or need, other options for the  
               committee to consider include:

               a)        Should additional funding be provided to  
                    public baccalaureate degree granting institutions  
                    to increase the number of degree slots available  
                    in high demand areas?

               b)        Should the process for developing  
                    collaborative efforts to address workforce needs  
                    be modified to facilitate greater proliferation  
                    of these programs?

               c)        Should a community college be required to  
                    demonstrate that existing avenues for partnering  
                    with other institutions are not possible or  
                    viable before seeking authorization to offer a BA  
                    degree?
                
            4)   Similar, but not  ?  Notwithstanding the differentiation  
               of the mission envisioned by the Master Plan and  
               outlined in statute, the Legislature has authorized  
               the CSU to go beyond its original mission to offer  
               three doctoral degrees.  These include:

               a)        Authority to offer the Ed.D, an applied  
                    doctorate in education. 
               (EC 66040-66040.7)  Thirteen CSU campuses offer an  
                    Ed.D under this authority.

               b)        Authority to offer the Doctor of Physical  
                    Therapy (DPT) degree.  This degree was to focus  
                    on preparation of physical therapists to provide  
                    health care services and required to be  
                    consistent with meeting professional  
                    accreditation requirements.
                    (EC 66042-66042.3)

               c)        Authorization, until July 1, 2018, to offer  
                    a Doctor or Nursing Practice (DNP) through a  
                    pilot program at three CSU campuses. This degree  
                    was to focus on the preparation of clinical  
                    faculty, and was prohibited from replacing or  
                    supplanting CSU master's degree nursing programs.  
                     Enrollment was capped at 90 FTES for all three  




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                    campuses and enrollment of new students is  
                    prohibited on or after July 1, 2018.  In fall  
                    2012, the CSU launched two programs, a joint  
                    program with CSU Fresno and CSU San Jose, and a  
                    CSU Fullerton-Long Beach-Los Angeles joint  
                    program. 

               These programs were all subject to California  
               Postsecondary Education Commission (CPEC) review,  
               evaluation and recommendation.  Fees were capped at  
               the rate charged at the UC, no additional funding was  
               provided by the state, and these programs were to be  
               implemented without diminishing or reducing enrollment  
               in undergraduate programs. Statewide evaluations of  
               the new programs were to be jointly conducted by the  
               CSU, the LAO and the Department of Finance.

               These authorities were much more limited in scope than  
               that proposed by this bill.  The Committee may wish to  
               consider the following:

               d)        Should the bill be amended to identify  
                    specific areas of BA production not currently  
                    offered at the UC or CSU?

               e)        Should the bill be amended to define an  
                    "applied" baccalaureate, distinct from what may  
                    be offered at the CSU or UC?

               f)        In the absence of a CPEC, what structure is  
                    necessary to review, evaluate and recommend new  
                    baccalaureate degree programs at the CCC?

               g)        Should there be provisions that ensure that  
                    funding for baccalaureate degree programs does  
                    not occur at the expense of expansion of adult  
                    education programs, basic skills, CTE or  
                    undergraduate transfer programs?

               If it is the desire to advance the pilot proposed by  
               this bill, the Committee may want to consider the  
               amendments proposed in staff comment 5 through 8.

           5)   Too much too soon  ? This bill proposes a broad  
               departure from the                differentiation of  
               mission established by the Master Plan and by state  




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               statute.  Prior authorizations to depart from these  
               differentiated missions have been much more limited in  
               scope.  Additionally, the CPEC no longer exists to  
               provide an independent review, evaluation and  
               recommendations regarding a college's proposal for new  
               baccalaureate degree programs. 

               According to the author, the intent of the pilot  
               program is to authorize the offering of baccalaureate  
               degrees not currently offered by the UC or CSU in an  
               effort to meet workforce needs.  If it is the desire  
               of the committee to advance the pilot program proposed  
               by this bill staff recommends the bill be amended on  
               page 5, to delete lines 1-4 and to instead insert, "A  
               pilot program shall not include a baccalaureate degree  
               already offered by public postsecondary educational  
               institutions." 

               In addition, as currently drafted a participating  
               district could offer multiple degrees by implementing  
               programs at each of its campuses. If each  
               participating district has an average of 3 campuses,  
               this bill could result in community colleges offering  
               up to 60 different baccalaureate degrees. Is this an  
               appropriate size for a pilot? 

               Last year this committee heard AB 955 (Williams,  
               Chapter 710, Statutes of 2013) which proposed an  
               intersession extension program. That bill was amended  
               by this committee to authorize a very narrow pilot  
               program limited to 15 campuses.  Consistent with prior  
               actions of this committee staff recommends the bill be  
               amended to limit participation in the baccalaureate  
               degree pilot program to 15 campuses from 15 different  
               districts.

           6)   Independent evaluation necessary  .  This bill requires  
               districts to report specified information to the  
               Chancellor examining the program and evaluating  
               various factors.  However, an independent evaluation,  
               similar to that required of the CSU doctoral programs,  
               would be more appropriate. Staff recommends the bill  
               be amended to replace the current reporting  
               requirements on pages 6 and 7 with provisions that  
               parallel the reporting and evaluation requirements  
               outlined for the doctoral programs in physical therapy  




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               in Education Code section 66042.3, and to additionally  
               require that the review evaluate time-to degree and  
               completion rate. In addition, require participating  
               districts to submit the information necessary to  
               conduct the evaluation, as determined by the  
               evaluators, to the Chancellor. 

           7)   Clarification of program features  .  Several elements  
               of the program require clarification.  These include:

               a)        As currently drafted it is unclear whether  
                    the statewide program lasts eight years, or each  
                    individual pilot program is authorized to operate  
                    for eight years from the time it starts.  Staff  
                    recommends the bill be amended to clarify that  
                    the statewide pilot program is authorized for 8  
                    years beginning January 1, 2015, and sunsets on  
                    July 1, 2023, that authorized programs must begin  
                    no later than the 2017-18 academic year, and that  
                    participating campuses be required to notify  
                    students that their BA program must be completed  
                    by the end of the 2022-23 academic year.

               b)        Currently, the bill requires an institution  
                    to submit the "proposed governance system" for  
                    the program and the "level of matriculation" for  
                    enrolled students.  Based upon the author's  
                    intent, staff recommends the bill be amended to  
                    clarify these provisions by replacing them with  
                    requirements that the district submit the  
                    administrative plan for the degree program, and  
                    submit student enrollment projections.  

               c)        The bill currently authorizes agreements  
                    with local business and agencies to provide  
                    educational services to pilot program students.  
                    These provisions create confusion regarding who  
                    provides instruction and whether it authorizes a  
                    subsidy of contract education programs.  The  
                    intent of the author is to allow activities  
                    already possible under current law, making these  
                    provisions unnecessary.  Staff recommends the  
                    bill be amended to delete lines 15-18 on page 6.   


           8)   Fees and Funding  .  This bill would authorize  




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               differential fees for students enrolled in BA  
               programs.  Currently differential fees for California  
               residents at the community colleges are authorized for  
               only a very small intersession extension program  
               offered at a very limited number of campuses.  It is  
               unclear whether higher fees for upper division courses  
               are necessary to offer these programs.  However, staff  
               recommends the bill be amended to prohibit fees for  
               lower division coursework in a baccalaureate degree  
               program from exceeding the fees for other lower  
               division coursework.

               The bill also provides the potential for higher FTES  
               funding for courses within a baccalaureate degree  
               program than for other community college courses.   
               Would funding for these programs be provided in  
               addition to the funding already provided to the CCC in  
               the annual budget?  If additional funding is not  
               envisioned, how much would funding for basic skills,  
               career technical education and lower division transfer  
               and degrees be reduced for the system and at  
               participating districts?  How would the Chancellor's  
               Office related support activities be funded?  
           
            9)   Prior legislation  .  

               a)        AB 661 (Block, 2011) authorized  
                    Grossmont-Cuyamaca and the San Mateo CCDs to  
                    offer one baccalaureate degree pilot program per  
                    campus.  AB 661 as heard and passed in the  
                    Assembly Higher Education Committee by a vote of  
                    6-0 but was moved to the inactive file on the  
                    Assembly Floor.

               b)        AB 2400 (Block, 2010) authorized the San  
                    Diego, Grossmont-Cuyamaca and San Mateo CCDs to  
                    establish baccalaureate degree pilot programs.   
                    No vote was taken and AB 2400 was held in the  
                    Assembly Higher Education Committee. 

           SUPPORT  

          American Legion - Department of California
          AMVETS - Department of California
          Bakersfield College
          Barton Health Board of Directors




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          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          Citrus Community College District
          City of South Lake Tahoe
          Coastline Community College 
          CEO'S of the CCC Board of the California Community College  
                                                                            League
          Foothill-De Anza Community College District
          Gavilan College
          Golden West College
          Grossmont-Cuyamaca Community College District
          Kern Community College District
          Lake Tahoe South Shore Chamber of Commerce
          Lake Tahoe Visitor's Authority
          Los Angeles Community College District
          MiraCosta Community College District
          Napa Valley Community College District
          Oceanside Chamber of Commerce
          Pasadena Community College District
          San Diego and Imperial Counties Community Colleges  
          Association (SDICCCA)
          San Diego Community College District
          San Diego Regional Chamber of Commerce
          San Diego Unified School District
          San Jose Silicon Valley Chamber of Commerce
          Santa Monica Community College District
          Shasta-Tehama-Trinity Joint Community College District
          South Orange Community College District
          Tri-City Medical Center
          Veterans of Foreign Wars - Department of California (VFW)
          Vietnam Veterans of America - California State Council  
          (VVA)
          West Kern Community College District
          Yosemite Community College District
          Yuba Community College District
          Six individual letters

           OPPOSITION

           California Nurses Association
          California Teachers Association
          Faculty Association of the California Community Colleges








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