BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 404


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          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          404 (Chiu) - As Amended April 13, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill:











                                                                     AB 404


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          1)Requires the regional accrediting agency for the California  
            Community Colleges (CCC) to report to the CCC Board of  
            Governors (BOG) after the National Advisory Committee on  
            Institutional Quality and Integrity (NICIQI) has notified the  
            agency of the date by which the its application for continued  
            recognition is due.



          2)Requires the CCC BOG to conduct a survey of the CCC, including  
            faculty and classified personnel, to develop a  
            report-reflecting a systemwide evaluation of the accrediting  
            agency based on criteria used to determine an accreditor's  
            status-to be transmitted to the United States Department of  
            Education (USDE) and NICIQI.



          FISCAL EFFECT:


          Minor one-time General Fund cost (around $50,000) for the  
          Chancellor's Office of the CCC to develop and conduct the  
          survey, summarize the survey data, and prepare the required  
          report.


          COMMENTS:


          1)Purpose. 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  








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            in past NACIQI reviews of CCC's accrediting agency, 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's accountability.



          2)Background. 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.  

            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.





            There are six USDE-recognized regional accrediting agencies.  








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            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; The Accrediting Commission for Community  
            and Junior Colleges (ACCJC) is the regional accrediting agency  
            for community colleges in the western region (California,  
            Hawaii, and U.S. territories).





            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. 





            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  








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            reduced transparency, reduced employee mobility within CCCs,  
            and added challenges in overseeing colleges effectively. The  
            CCC BOG took action to remove ACCJC from the regulatory  
            requirement for CCC accreditation, but will still require a  
            single accreditor for all colleges.





          3)Related Legislation. AB 1397 (Ting), pending in Assembly  
            Higher Education, requires 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.
           





          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081