BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 404              
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          |Author:     |Chiu                                                 |
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          |Version:    |June 10, 2015                           Hearing      |
          |            |Date:    July 1, 2015                                |
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          |Urgency:    |No                    |Fiscal:    |Yes              |
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          |Consultant: |Olgalilia Ramirez                                    |
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          Subject:  Community colleges:  accreditation

            SUMMARY
          
          This bill requires the regional accrediting agency for the  
          California Community Colleges (CCC) to report to the CCC Board  
          of Governors (BOG) the date by which the agency's application  
          for continued recognition is due and requires the CCC BOG to  
          conduct a survey of community colleges, as specified, to develop  
          a report, transmitted to specified entities, that reflects a  
          systemwide evaluation of the regional accrediting agency.

            BACKGROUND
          
          Existing law confers upon the CCC BOG the ability to prescribe  
          minimum standards for the formation and operation of community  
          colleges and exercise general supervision over the community  
          colleges.  (Education Code § 66700 and § 70901)  

          As such, regulations (Title 5 California Code of Regulations  
          (CCR) § 51016) have been adopted to require each community  
          college within a district to be an accredited institution - with  
          the Accrediting Commission for Community and Junior Colleges  
          (ACCJC) determining accreditation. 

            ANALYSIS
          
          This bill:

       1)Requires the regional accrediting agency for the community  
            colleges to report, as specified, to the CCC BOG the date by  







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            which the agency's application for continued recognition is  
            due.

       2)Requires the CCC BOG to conduct a survey of community colleges  
            including faculty and classified personnel to develop a report  
            that reflects a systemwide evaluation of the regional  
            accrediting agency based on the criteria use to determine an  
            accreditor's status.

       3)Specifies that the report shall be transmitted to the United  
            States Department of Education (USDE) and the National  
            Advisory Committee on Institutional Quality and Integrity  
            (NACIQI). 




          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, current law provides  
            no mechanism for a CCC system-wide performance review of the  
            CCC's regional accrediting body and providing the overseeing  
            federal entities with such a review increases accountability  
            of the accrediting agency and improves participation by CCC  
            faculty and personnel in the process.  This bill seeks to  
            provide a method for collecting stakeholder feedback during an  
            accrediting agency's performance review. 
               
       2)Accreditation, how it works.  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 United States Department of Education  
            (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.  There are three basic types of accreditation:

             a)   Regional Accreditation.  There are six USDE-recognized  








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               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: the Accrediting Commission for Community  
               and Junior Colleges (ACCJC) and the Senior College and  
               University Commission (WASC-Sr.). 

             b)   National Accreditation.  National accreditation is not  
               based on geography, but more focused to evaluate specific  
               types of schools and programs.  National accreditation is  
               designed to allow nontraditional colleges (trade schools,  
               religious schools, certain online schools) to be compared  
               against similarly designed institutions.  Different  
               standards and categories are measured, depending on the  
               type of institution.  

             c)   Specialized/Programmatic Accreditation.  Offered by  
               accrediting agencies that represent specific fields of  
               study, these agencies do not accredit entire colleges but  
               instead accredit the programs within colleges that prepare  
               students for the specific field or industry.  In most  
               cases, specialized accreditation alone does not enable  
               participation in state and federal financial aid programs.

       3)Accreditation of California community colleges.  After an initial  
            accreditation, colleges must have their accreditation  
            reaffirmed every six years.  This process includes a  
            self-study, a site visit by a team of peers, a recommendation  
            by the visiting team and an action by the Accrediting  
            Commission for Community and Junior Colleges (ACCJC).  In  
            addition to these core components, colleges must submit a  
            midterm report every three years and annual progress reports.   
            The college/district may also have to submit follow-up reports  
            and host visits as required by the Commission.  There are  
            three levels of sanction prior to termination of  
            accreditation:  Warning, Probation, and Show Cause.  Follow up  
            reports and accreditation visits are required to retain full  
            accreditation.

            Many California community colleges have faced various levels  
            of accreditation sanctions.  Most recently the sanctions  
            imposed on City College of San Francisco have drawn attention  








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            to ACCJC and its accreditation process.  The heightened  
            attention lead to an audit by the California State Auditor,  
            who on June 26, 2014, issued a report on California Community  
            Colleges Accreditation.  This audit report provided both a  
            review of the ACCJC and the accreditation process in general,  
            as well as a more in-depth examination of recent events  
            related to City College of San Francisco.  The report raised  
            some concerns of the ACCJC and the accreditation process and  
            made a series of recommendations to address the identified  
            concerns. After the release of the State Auditor's report, the  
            Chancellor's Office reconvened its Accreditation Task Force  
            consisting of community college stakeholders.  The  
            Accreditation Task Force is charged with providing input  
            through a report to the Chancellor's Office regarding the  
            accreditation process, including addressing the State  
            Auditor's recommendations.  The Accreditation Task Force held  
            its final meeting at the end of May and is in the process of  
            finalizing and submitting its final report later this year. 

            This bill collects and processes information that may  
            compliment the work of the Accreditation Task Force.

       4)National Advisory Committee on Institutional Quality and  
            Integrity (NACIQI). NACIQI advises the United State Department  
            of Education on matters related to postsecondary accreditation  
            and the eligibility and certification process for higher  
            education institutions to participate in Federal student aid  
            programs.  Its primary function is to provide recommendations  
            to the U.S. Secretary of Education concerning whether  
            accrediting entities' standards are sufficiently rigorous and  
            effective in their application to ensure the entity is a  
            reliable authority regarding the quality of the education  
            provided by the institutions or programs it accredits.  To  
            meet that standard, accrediting entities must demonstrate  
            compliance with all the criteria for recognition.  Once a  
            recommendation is made, this process allows for public  
            comment.  This bill seeks to provide California Community  
            College (CCC) faculty and personnel a method for providing  
            feedback and remain anonymous during the accrediting agencies  
            performance review. 

       5)Related and prior legislation.

            AB 1385 (Ting, 2015) requires notification to the California  








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            Community College (CCC) Board of Governors (BOG) before an  
            accrediting agency increases membership fees, special  
            assessments, or other payments charged to a community college.  
             AB 1385 is pending in this Committee. 

            AB 1397 (Ting, 2015) requires the accrediting agency for the  
            CCC to meet specified operational standards.  AB 1397 is  
            pending in this Committee. 

            SB 1068 ( Beall, 2014) would have required the BOG CCC, by  
            January 1, 2016, to report on the feasibility of creating an  
            independent accrediting agency to accredit the California  
            Community Colleges (CCC) and other 2-year private  
            postsecondary educational institutions, and to make  
            recommendations relative to CCC accreditation.  SB 1068 was  
            held on the Senate Appropriations suspense file. 

            SUPPORT
          
          American Federation of Teachers, Local 2121 
          California Community College Independents 
          California Federation of Teachers
          California School Employees Association  
          California Teachers Association 
          Faculty Association of California Community Colleges

           OPPOSITION
           
           None received.

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