BILL ANALYSIS Ó
AB 404
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ASSEMBLY THIRD READING
AB
404 (Chiu)
As Amended April 13, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Higher |12-0 |Medina, Baker, Bloom, | |
|Education | |Harper, Irwin, | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, Santiago, | |
| | |Weber, Williams | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires the regional accrediting agency for the
California Community Colleges (CCC) to report to the CCC Board of
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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:
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 (EDC) 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 Section 72208);
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4)BOG regulations (5 California Code of Regulations 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: According to the Assembly Appropriations
Committee, 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: 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 United States Secretary of Education, United States House of
Representatives, and the United States Senate, to review
accrediting agencies and advise the Secretary on whether an
accrediting agency is a reliable authority regarding the quality
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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. 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.
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 review process will increase
accrediting agency accountability.
Analysis Prepared by:
Laura Metune / HIGHER ED. / (916) 319-3960 FN:
0000320
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