BILL ANALYSIS Ó
AB 404
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Date of Hearing: April 7, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 404
(Chiu) - As Introduced February 19, 2015
SUBJECT: Community colleges: accreditation
SUMMARY: Requires the accrediting agency for the California
Community Colleges (CCC) to report to the CCC Board of Governors
(BOG) as soon as practicable after the National Advisory
Committee on Institutional Quality and Integrity (NICIQI) has
notified the agency of the date by which their application for
continued recognition is due; and, requires the CCC BOG to
conduct a survey of the CCC, including faculty and classified
personnel, to develop a report to be transmitted to the United
States Department of Education (USDE) and NICIQI that reflects a
systemwide evaluation of the agency based on criteria used to
determine an accreditor's status.
EXISTING LAW:
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1)Establishes the BOG to provide general supervision over the
CCC and requires the BOG to prescribe minimum standards for
CCC formation and operation (Education Code Section 66700);
2)Requires the BOG to develop minimum standards governing
academic standards, employment policies and shared governance;
evaluate CCC fiscal and educational effectiveness and provide
assistance when districts encounter management difficulties;
administer state funding and establish minimum conditions
entitling CCC districts to receive state funds; requires the
CCC BOG, in determining if a CCC district satisfies the
minimum conditions for receipt of apportionment funding, to
review the accreditation status of the CCCs within that
district review and approve educational programs (EDC Section
70901);
3)Requires the accrediting agency for CCCs to report to the
appropriate policy and budget subcommittees of the Legislature
upon the issuance of a decision that affects the accreditation
status of a community college and, on a biannual basis, any
accreditation policy changes that affect the accreditation
process or status for a CCC; and, requires the CCC
Chancellor's Office to ensure that the appropriate policy and
budget subcommittees are provided the aforementioned required
information (EDC Sections 72208);
4)BOG regulations (5 CCR Section 51016) require CCCs to be
accredited by the Accrediting Commission for Community and
Junior Colleges (ACCJC). However, BOG recently approved
regulatory changes that would continue the requirement for
accrediting, but remove the explicit requirement of
accreditation by the ACCJC.
FISCAL EFFECT: Unknown.
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COMMENTS: Background on Accreditation. Accreditation is a
voluntary, non-governmental peer review process used to
determine academic quality. Accrediting agencies are private
organizations that establish operating standards for educational
or professional institutions and programs, determine the extent
to which the standards are met, and publicly announce their
findings. Under federal law, the USDE establishes the general
standards for accreditation agencies and is required to publish
a list of recognized accrediting agencies that are deemed
reliable authorities on the quality of education provided by
their accredited institutions. Institutional accreditation is a
requirement for participation in federal financial aid programs.
Under federal regulations, accrediting agencies are required to
meet general outlined standards, but specific processes and
quality standards are left to each accrediting agency to
determine.
Role of NACIQI. USDE relies on NACIQI, an 18-member committee
appointed equally by the Secretary of Education, House of
Representatives, and the Senate, to review accrediting agencies
and advise the Secretary on whether an accrediting agency is a
reliable authority regarding the quality of the education
provided by the institutions it accredits. NACIQI is charged
with determining whether an accrediting agency complies with
various criteria for recognition, which include, among other
requirements: appropriate accreditation standards; fair and
consistent application of accreditation standards; proper
monitoring and reevaluation of accredited institutions; and,
immediate enforcement to ensure compliance with standards.
Role of public comment. During the initial application or
continued recognition review process, USDE staff publishes a
notice in the Federal Register, inviting the public to comment
on the agency's compliance with the criteria for recognition and
establishing a deadline for receipt of public comment. Public
comments are reviewed by NICIQI and USDE staff prior to the USDE
decision regarding initial or continued recognition of the
accrediting agency. USDE determines the recognition period, up
to five years.
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CCC accrediting agency. There are six USDE-recognized regional
accrediting agencies. Each regional accreditor encompasses
public, the vast majority of non-profit private (independent),
and some for-profit postsecondary educational institutions in
the region it serves. California's regional accrediting agency
is separated into two commissions; ACCJC is the regional
accrediting agency for community colleges in the western region
(California, Hawaii, and U.S. territories). ACCJC membership
consists of the institutions ACCJC has accredited in California,
Hawaii and numerous Pacific island nations and territories; the
19 ACCJC commissioners are elected by a vote of the presidents
of the member-colleges and serve up to two three-year terms.
ACCJC bylaws govern, among other areas, commission meetings,
responsibilities of commissioners, and the appeal process for
institutions appealing a denial or termination of accreditation.
ACCJC bylaws may be amended by a majority vote of the
Commissioners. Under ACCJC bylaws, the president, appointed by
the Commissioners, is responsible for general supervision,
direction, and control of ACCJC operations.
ACCJC controversy. Between 2003 and 2008, ACCJC had placed 37%
of CCCs on "sanction" (at risk of losing accreditation). A
study of other regional accreditors showed that during this same
time, the percentage of community colleges being sanctioned
ranged from 0 to 6%. The large number of penalties for
community colleges under ACCJCs jurisdiction led community
college leaders, faculty, and staff to, through the CCC
Chancellor's Office (CCCCO) Consultation Council, review and
make recommendations regarding ACCJC's actions. Under the
leadership of then-Chancellor Jack Scott, the group made a
series of recommendations largely designed to focus ACCJC on
institutional improvement rather than compliance. In a written
response to Chancellor Scott's recommendations, ACCJC defended
current standards and practices and made suggestions of how the
CCCCO could assist colleges in meeting ACCJC's requirements.
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Bureau of State Audits (BSA) review of ACCJC. In June of 2014,
the BSA released an audit of ACCJC's application of the
accreditation process. The audit was conducted at the request
of the Joint Legislative Audit Committee (JLAC) following
concerns among several legislators over the ACCJC decision to
terminate accreditation for City College of San Francisco
(CCSF). The BSA audit includes a series of recommendations to
improve CCC accreditation; among the recommendations supported
by CCCCO, BSA recommended the CCCCO facilitate improved
communication between CCCs and ACCJC. BSA also recommended
allowing CCCs flexibility to choose an accrediting agency; the
CCCCO responded that this recommendation should not be pursued
as it could lead to reduced transparency, reduced employee
mobility within CCCs, and added challenges in overseeing
colleges effectively.
Purpose of this bill. According to the author, "there has been a
historical lack of accountability for an accrediting agency
overseeing the CCCs. This deficiency is due to fear of
retribution, scarce local resources, and the absence of a
pathway for CCC and other local stakeholders to provide
meaningful feedback during an accrediting agency's performance
review process for continued accreditation recognition." The
author notes that in past NACIQI reviews of ACCJC, there has not
been a strong voice for the CCC system as a whole; further, the
CCC system does not currently have a method for soliciting
feedback from colleges, faculty, and other stakeholders. The
author believes that increasing participation in the accrediting
agency review process will increase accrediting agency
accountability.
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Regional and national accreditation. In response to the BSA
audit recommendation regarding allowing CCCs to choose an
accrediting agency, the CCC BOG took action to remove ACCJC from
the regulatory requirement for CCC accreditation. The change
initially proposed to authorize the Chancellor to approve only a
regional accrediting agency recognized by USDE. However, the
regulation approved by the BOG did not include the requirement
for a regional accrediting agency. The CCCCO argued that the
term "regional" had no meaning because accrediting agencies are
nationally recognized by USDE and can either be national or
regional. However, as noted by NACIQI, because regional
commissions have accredited under one tent, research
universities, state colleges, liberal arts institutions,
community colleges, and special purpose institutions. This
system keeps these very different institutions accountable to a
single set of standards within each region, promoting mobility
for transfer students, and students seeking a higher degree, as
well as reasonable consistency for the various degree levels.
Further, the universities that primarily receive CCC transfer
students have largely established a standard of requiring
regional accreditation for transfer credits. For example,
according to the California State University (CSU) website,
generally college level credits earned from an institution of
higher education accredited by a regional accrediting agency are
accepted for transfer to campuses. CSU specifies that "campuses
may enter into course-to-course or program-to-program
articulation agreements with other CSU campuses and any or all
of the California community colleges, and other regionally
accredited institutions." According to the University of
Southern California website, coursework completed at, or degrees
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from, U.S. institutions accredited by the six regional
accrediting agencies are generally accepted for transfer.
Moving forward, the author may wish to consider clarifying that
the accrediting agency of community colleges, with which the
CCC, the CCCCO, and the campus community must engage, review,
and provide feedback regarding, must be a regional accrediting
agency.
Related legislation.
AB 1385 (Ting) is pending in the Assembly Higher Education
Committee. This bill would require notification to the CCC BOG
before an accrediting agency increases membership fees, special
assessments, or other payments charged to a community college.
AB 1397 (Ting) is pending in the Assembly Higher Education
Committee. This bill would require the accrediting agency for
CCC to provide an opportunity for public comment prior to taking
action related to the accreditation status of a community
college.
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Prior legislation.
AB 1942 (Bonta), Chapter 382, Statutes of 2014, required the CCC
BOG, in determining if a CCC district satisfies the minimum
conditions for receipt of apportionment funding, to review the
accreditation status of the CCCs within that district; required
the accrediting agency for CCCs to report to the appropriate
policy and budget subcommittees of the Legislature upon the
issuance of a decision that affects the accreditation status of
a CCC and, on a biannual basis, any accreditation policy changes
that affect the accreditation process or status for a CCC; and,
required the CCCCO to ensure that the appropriate policy and
budget subcommittees are provided the aforementioned required
information.
AB 2247 (Williams), Chapter 388, Statutes of 2014, required all
campuses serving California students of public and private
postsecondary educational institutions that receive state or
federal financial aid funding to post institutional
accreditation documents on the institution's website.
SB 1068 (Beall) of 2014, which was held in the Senate
Appropriations Committee, would have required CCC BOG, by
January 1, 2016, to report on the feasibility of creating an
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independent accrediting agency to accredit the CCCs and other
2-year private postsecondary educational institutions, and to
make recommendations relative to CCC accreditation.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
Faculty Association of California Community Colleges
Opposition
None on File
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Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960