BILL ANALYSIS Ó
AB 404
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
404 (Chiu)
As Amended June 10, 2015
Majority vote
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|ASSEMBLY: |78-0 |(May 14, 2015) |SENATE: |40-0 |(September 2, |
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Original Committee Reference: HIGHER ED.
SUMMARY: Requires the regional 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.
The Senate amendments add coauthors and make non-substantive
changes.
AB 404
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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);
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 Senate Appropriations
Committee, the California Community Colleges Chancellor's Office
AB 404
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indicates that this bill would require 0.5 position and $55,000
General Fund.
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
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.
AB 404
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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:
0001843