BILL ANALYSIS Ó
AB 573
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Date of Hearing: May 12, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 573
(Medina) - As Amended May 11, 2015
SUBJECT: Higher education: campus closures: Corinthian
Colleges.
SUMMARY: Provides financial and other assistance to students
impacted by recent closing of all Heald, Everest, and WyoTech
campuses in California, which were owned by Corinthian Colleges,
Inc. (CCI). Specifically, this bill:
1)Provides for the following with regards to California
Community Colleges (CCC):
a) Declares legislative intent that the CCC provide
matriculation services, including assessment, counseling,
and academic planning to students enrolled at CCI
institutions and harmed by the April 27, 2015 closure;
b) Appropriates $100,000 from the General Fund (GF) to the
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CCC Chancellor, from GF revenues appropriated for community
college districts (Prop 98), for the purposes of a CCC
district conducting a statewide media campaign to inform
students affected by the CCI closure of educational
opportunities available at CCCs; and,
c) Provides a CCC Board of Governors (BOG) Fee Waiver,
until July 1, 2018, to a student who was enrolled at a CCI
campus on April 27, 2015, or withdrew within 120 days (or
period determined) prior to the CCI closure on April 27,
2015, and did not complete their educational program.
2)Provides that Cal Grant recipient students enrolled at a CCI
campus that were unable to complete their educational program
due to the closure shall not have the award years utilized at
a CCI campus included in the limitation on the number of award
years of Cal Grant Awards eligibility.
3)Provides for the following regarding the Student Tuition
Recovery Fund (STRF) administered by the Bureau for Private
Postsecondary Education (BPPE):
a) Provides that a student enrolled at a California campus
of a CCI institution, including Heald College, or a
California student enrolled in an online program offered by
an out-of-state CCI campus, who meets all other eligibility
requirements, and was enrolled as of April 27, 2015, or
withdrew within 120 days of that date (or period
determined) is eligible for the STRF;
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b) Increases the maximum allowable fund balance in the STRF
from $25 million to $50 million, and requires the Bureau
for Private Postsecondary Education (BPPE), if it stops
collecting STRF assessments because the fund has approached
the new maximum balance, to resume collecting assessments
when the fund balance falls below $45 million (instead of
$20 million currently); and,
c) Establishes legislative intent that unencumbered
restitution funds awarded to students of this state from a
lawsuit involving CCI be used to repay any STRF funds
provided to those students pursuant to this act.
4)Requires the BPPE to establish and coordinate a standing
closed school task force:
a) Requires the task force to respond to the closure of
institutions that do not comply with the requirements, as
applicable, of the law.
b) Requires the task force to ensure that students affected
by a closed school receive accurate and timely information
regarding the school closure process and the students'
rights and responsibilities under federal and state law.
Requires the task force to ensure students are provided
assistance in all of the following:
i) Obtaining refunds, loan discharges, and tuition
recovery for which the student is eligible;
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ii) Obtaining information regarding the option to
transfer credits that the student earned while attending
the institution, including information necessary to help
the student make an informed decision about whether to
seek a loan discharge or to transfer credits; and,
iii) Other support deemed necessary by the task force in
accordance with the bureau's consumer protection mission.
c) Provides that the members of the task force should
include, but not necessarily be limited to, representatives
on behalf of the California Student Aid Commission (CSAC),
the Department of Justice (DOJ), the Office of the CCC
Chancellor, the Department of Veterans Affairs (CalVet),
and one or more legal aid organizations.
5)Provides for legal assistance for student loan related
purposes for students affected by a school closure, as
follows:
a) Requires BPPE, upon the unanticipated closure of an
institution, to provide timely (within 30 days) grant funds
to local legal aid organizations, which may include
organizations designed specifically to assist veteran
students, to assist students, for no less than one year
following the closure of the institution, with loan
discharge and tuition recovery related claims;
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b) Provides that the amount of grant funds shall be
calculated by multiplying the number of students affected
by the school closure by one hundred dollars ($100);
c) Provides that legal aid organizations that receive
grants should be located in the areas of the state affected
by the institutions closure and that legal aid
organizations that receive grants may give priority to low
income students if demand exceeds available grant funds;
d) Requires legal aid organizations that receive grants to
report to the BPPE at the end of the grant on the number of
students served from the date of the institution's closure;
and,
e) Appropriates one million three-hundred thousand dollars
($1,300,000) from the BPPE Administrative Fund to the BPPE
for the aforementioned purposes to assist students affected
by the closure of CCI.
6)Extends the suspension of the requirement that the BPPE
Administrative Fund reserve not exceed six months of operating
expenses for an additional year (to July 1, 2016).
7)Declares this bill an urgency statute to take effect
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immediately.
EXISTING LAW:
1)Establishes the CCC with oversight and coordination provided
by the CCC BOG and Chancellor, and provides that the mission
of CCC is to offer lower-division academic and vocational
instruction to younger and older students, including those
returning to school. (Education Code Section 66010.4)
2)Requires the forty-six dollars per unit per semester fee to be
waived for CCC students who meet specified income
requirements. The BOG is required to establish minimum
academic and progress standards for students receiving a BOG
Fee Waiver. (EDC Sec. 76300)
3)Establishes the Cal Grant Program, administered by CSAC, to
provide tuition and access cost assistance to eligible
students attending qualified institution. Institutions are
required to meet a series of performance standards; including,
a three-year Cohort Default Rate (CDR) of less than 15.5% and
a Graduation Rate (GR) of no less than 20% (this rate
increases to 30% in 2016-17). (EDC Sec. 69430 et seq.)
4)Establishes the BPPE within the Department of Consumer Affairs
with the primary function of providing protection of
students/consumers through the regulation and oversight of
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private postsecondary educational institutions. BPPE
oversight activities are funded by licensing fees paid by
regulated institutions. Existing law also provides for a
variety of exemptions from oversight by the Bureau for
specific types of institutions, including institutions
accredited by the Western Association of Schools and Colleges
(WASC). However, pursuant to SB 1247 (Lieu, Statutes of
2014), all for-profit institutions serving veterans and
receiving federal Title 38 funds, regardless of accreditation
status, are required to obtain BPPE approval by January 1,
2016. (EDC Sec. 94800 et seq.)
5)Establishes the STRF, administered by the BPPE, to relieve or
mitigate economic loss suffered by students enrolled at a
non-exempt private postsecondary education institution due to
the institutions' closure, the institutions' failure to pay
refunds or reimburse loan proceeds, or the institutions'
failure to pay students' restitution award for a violation of
the Private Postsecondary Education Act. STRF is capped in
statute at $25 million. Institutions are required to assess
students an amount established in regulation by the BPPE and
remit fund to the BPPE for STRF. In 2010, that amount was
established at $2.50 per $1000 of tuition charged. In 2013,
that amount was reduced to $0.50 per $1000. In 2015, this
amount was reduced to $0.00, as the STRF had exceeded the
statutory cap (STRF is currently at approximately $28
million). (EDC Sec. 94923 - 94925)
6)Establishes the California State Approving Agency for Veterans
Education within CalVet and requires minimum requirements for
postsecondary institutions approved to participate in federal
veteran's education benefits (Title 38), including requiring
for-profit institutions to obtain BPPE approval by January 1,
2016. (EDC 67100 et seq.)
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7)Title IV of the Federal Higher Education Act of 1965 (HEA), as
amended, establishes the federal student aid program,
administered by the United States Department of Education
(USDE) to provide grants, loans and work-study funds from the
federal government to eligible students enrolled in eligible
colleges or career schools. (20 U.S.C. Sec. 1070 et seq.)
Recent federal regulations to improve integrity of the
programs authorized under Title IV of the HEA established new
institutional eligibility requirements for financial aid,
including that institutions be "authorized" by each state in
which they operate, and have an independent state-level
student complaint process. (34 CFR Sec. 600.9)
8)Federal law establishes Legal Services Corporation (LSC) as a
501(c)(3) nonprofit that provides grants for legal assistance
to low-income Americans. LSC distributes funding to 134
independent nonprofit legal aid programs with nearly 800
offices nationwide. LSC is headed by a bipartisan board of
directors whose 11 members are appointed by the President and
confirmed by the Senate. (42 U.S.C. 2996 et seq.)
FISCAL EFFECT: According to the Assembly Appropriations
Committee it has been estimated that approximately 16,000
students have been impacted by the school closures, including
almost 12,000 from Heald.
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1)BOG Fee Waiver. The reduction in CCC fee revenues would depend
on the number of impacted students who enroll at a CCC, how
many CCC units these students take to complete their CCC
educational goals, and how many of these students would not
otherwise qualify for a BOG fee waiver. (About two-thirds of
the entire CCC course load is taken by students currently
receiving a BOG waiver.) For every 1,000 full-time equivalent
students (FTES) from the impacted schools who would not
otherwise obtain a fee waiver, the revenue loss to the
community colleges would be $1.4 million annually.
2)Legal Assistance Grants. Special fund costs to the BPPE of
$1.3 million dollars to legal aid organizations received
grants from the BPPE for assisting impacted students. [BPPE
Administrative Fund]
3)STRF Payments. STRF costs will depend on the number of
impacted Heald students making STRF claims and the amounts of
those claims eligible for reimbursement. If a Heald student
transfers no credits to another educational institution and in
turn receives forgiveness of their federal loans, the state
will incur costs only to the extent that the loan forgiveness
does not cover the student's economic loss. If a student
transfers some or all of their credits to another institution,
their federal loan will not be forgiven, and they may be
eligible for a STRF payment equivalent to the value of the
loan associated with those credits earned at Heald that are
not accepted for transfer.
STRF payments could be in the low tens of millions of dollars.
In the past, STRF payments have averaged around $6,000 per
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student. If around one-half of the impacted Heald students
received the average payment, costs would total $36 million.
According to the Governor's Budget, the STRF will have an
estimated fund balance of $28 million as of June 30, 2015.
4)Cal Grants. According to CSAC, almost 2,800 of the impacted
Heald students were awarded and used their Cal Grants. Because
Heald was ineligible to participate in the Cal Grant program
for several years, virtually all of these students have used
one year or less of their Cal Grant eligibility. Almost
two-thirds of these students were awarded a Cal Grant C, 30%
were award Cal Grant B, and the remaining 4% were awarded a
Cal Grant A. Costs will depend on how many of these students
continue their education and what type of institution they
attend. One additional award year of eligibility for these
students would equate to a General Fund cost of around $10
million.
5)Costs for CCC counseling and the BPPE task force should be
minor and absorbable.
COMMENTS: Purpose of this bill. According to the author, "this
bill will provide economic relief and educational opportunity to
the thousands of California students harmed by the closure of
CCI. Current state and federal laws provide some relief to some
students affected by the closure; this bill ensures all
California students are protected. Specifically the bill will
help these students' access community colleges, allow them to
continue to utilize their Cal Grants, and assist them in
obtaining forgiveness from Corinthian-associated student loans."
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Background on CCI and allegations. CCI institutions offered a
range of programs, including 8-12 month certificate programs,
with tuition and fees that from $13,100-$21,338, 24-month
associate's degree programs with tuition and fees that ranged
from $33,120 and $42,820, and bachelor's degree programs that
were between $60,096 and $75,384. According to a 2014 complaint
filed by the Consumer Financial Protection Bureau (CFPB), most
students attending CCI were low-income, or the first in their
families to seek an education beyond high school. In 2012, CCI
reported that 85% of its students had family incomes of less
than $45,000 a year. An estimated 57% of CCI students had
household incomes of $19,000 or less, and 35% of CCI students
had a household income of less than $10,000.
Most students attending CCI received federal financial aid;
according to CCIs filing with the Securities and Exchange
Commission, CCI received 84.8% of net revenue from federal
financial aid (Title IV: Pell Grants and Federal Loans).
Federal rules require that institutions receive at least 10% of
revenues from non-Title IV sources ("90/10 rule"); however, this
can include state aid, veteran's aid, and private loans (among
other sources). According to the allegations in the CFPB
complaint, in order to meet the 90/10 rule, CCI increased
tuition in order to create "funding gaps" so that students would
be required to take out private loans to pay for their
education. CCI offered students their own "Genesis" loans to
cover the funding gaps. According to CFPB, by 2014 the
outstanding balance of Genesis loans totaled $560 million.
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The aforementioned CFPB complaint sought, among other monetary
penalties and student relief, the rescission of all CCI private
loans originated since 2011. In addition to the CFPB complaint,
CCI faced a series of legal actions and investigations into
unlawful practices, including by 20 state attorneys general,
several federal agencies, and the USDE. These complaints
include allegations largely focused on misrepresenting career
options (promising lifetime placement services and providing, at
best, temporary assistance), falsifying job placements
(including counting 1-day employments, paying employers to
temporarily hire graduates, and falsifying "self-employment"
statistics), and promoting student reliance on CCIs Genesis
loans that required students to begin repaying loans while still
in programs (staff members were provided bonuses for collecting
Genesis loan payments, and were encouraged to publically remove
students from class if they were behind on Genesis loan
payments).
CCI financial troubles. On June 19, 2014, the USDE announced
that it had placed CCI on an increased level of financial
oversight. Financial stability is a requirement of
participation in federal financial aid programs under Title IV
of the HEA; CCI had failed to provide USDE with required
financial disclosures. In response to the USDE decision to
delay financial aid funds for 21-days, CCI, which was already
facing a cash flow shortage, announced it would likely close.
In the summer of 2014, a CCI bankruptcy would have impacted
72,000 students nationwide, with approximately $1 billion in
(potentially dischargeable) federal loans. On June 23, 2014,
USDE and CCI signed a memorandum of understanding requiring the
company to develop a plan to sell and teach-out programs over
the next six months. As a part of the agreement, CCI was
allowed to continue enrolling new students in programs.
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CalVet action on Title 38. On June 26, 2014, CSAAVE suspended
CCI institutions participation in Title 38 programs due to the
SEC filing indicating CCI was fiscally unstable. In August of
2014, CSAAVE withdrew institutional approval at all institutions
owned and operated in California by CCI. The 23 campuses
(Heald, WyoTech and Everest) were prohibited from receiving GI
bill benefits. In order to continue using Title 38 benefits,
veteran students were required to transfer/enroll in a CSAAVE
eligible school.
CCI sale to ECMC. On November 20, 2014, the ECMC Group, a
nonprofit organization that operates a large student-loan
guaranty agency, announced it would purchase 56 campuses from
CCI. ECMC created a nonprofit subsidiary, called the Zenith
Education Group, to manage the campuses. In December of 2014,
USDE approved the sale, and as part of the agreement, CCI/ECMC
discharged private student loans (approximately $480 million
dollars; 40% of the private student loans) for students whose
campuses were sold. Earlier in the year, the federal Consumer
Financial Protection Bureau (CFPB) had accused CCI of luring
students into its "Genesis" loan program in order for the campus
to meet the federal "90/10 rule" with false promises about
career counseling and misrepresented job placement statistics.
A coalition of student, consumer, veterans and civil rights
groups opposed the sale of the CCI campuses, noting that ECMC
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did not have experience running educational institutions.
According to the coalition letter to the USDE, "in the field
where ECMC does have experience, its actions have veered more
than occasionally into dubious terrain, using ruthless tactics
to hound debtors to the point where the company has been
sanctioned and reprimanded by judges for abusing the bankruptcy
process." The coalition also noted that the terms of the sale
would not give students the choice of having their federal loans
discharged.
California CCI campuses. California campuses were not included
in the sale to ECMC; press reports contributed ECMC's decision
largely to a lawsuit that had been filed in October of 2013,
(which remains pending) by Attorney General Kamala Harris that
contained a range of allegations about deceptive marketing and
job-placement claims. CCI, which is based in Santa Ana,
continued to operate and enroll new students at WyoTech (3
campuses), Everest (11 campuses), and Heald (10 campuses)
campuses throughout California. On April 14, 2015, the USDE
announced a $30 million fine against Heald's Salinas and
Stockton campuses for fraudulent placement and other advertising
(CCI has appealed this fine). The decision effectively barred
all Heald campuses from receiving federal funds for new
enrollments. On April 16, 2015, CSAC permanently terminated
Heald's eligibility for the Cal Grant program (Everest and
WyoTech were already not eligible). On April 17, 2015, the DCA
issued an emergency decision prohibiting Everest and WyoTech
campuses from enrolling new students. CCI closed all campuses
on April 26, 2015, and filed bankruptcy on May 4, 2015.
Existing protections for CCI students. Federal and state laws
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provide for some protections for some students attending CCI at
(or within a specified time prior to) the closure of the
institution. The California Department of Justice (DOJ) has
created a website to inform students of their rights and
options; the website directs students to resources for
assistance.
1)Federal loan discharge. Federal law allows students to seek a
closed school loan discharge of their federal loans; however,
students are only eligible for federal loan discharge if they
do not transfer credits to another institution. CCI students
with federal loan debt that were in attendance within 120 days
of the CCI closure are eligible for a closed school loan
discharge. The DOJ website directs students to local legal
aid organizations to assist with the process; however, legal
aid organizations are not provided funding explicitly for this
purpose.
2)STRF. The STRF, administered by the BPPE, is funded by
students enrolled in institutions regulated by the BPPE and
provides for reimbursement to students for economic loss due
to the closure or illegal activity of a regulated institution.
California students enrolled in a California WyoTech and
Everest campus are eligible for STRF. Unlike federal loan
forgiveness, STRF provides for partial refunds if students
transfer some of their credits to another institution.
Industry position. The California Association of Private
Postsecondary Schools (CAPPS) has taken a "support if amended"
position on this bill. CAPPS believes most school closings are
carried out with little or no disruption to students. According
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to CAPPS, the sale of California's Corinthian campuses "would
have minimized the negative educational and financial impact on
students. According to CAPPS, the sale was "quashed due to the
inability of Corinthian and the California Attorney General, to
come to an understanding regarding buyer liability. This is a
unique situation for our sector in California, and had a
resolution been reached there likely would be no need for AB
573. This is important to note to ensure we keep the current
situation in context and try not to overreach with a legislative
solution." CAPPS has asked for numerous amendments, which are
further outlined below.
Provisions of this bill. As previously noted, this bill
contains several provisions intended to assist the students
affected by the closure of CCI, including:
1)Community college enrollment and fee waiver. This bill would
provide funds to support the CCC I Can Afford College media
campaign to inform CCI students of CCC program availability.
The bill would also provide, until July 1, 2018, a BOG Fee
Waiver to CCI students enrolled at the time, or within 120
days, of the closure. Students will need to meet all other
academic progress and performance standards associated with
the BOG Fee Waiver program. For those students still enrolled
after July 1, 2018, the vast majority (an estimated 85%) would
continue to qualify for a BOG Fee Waiver under the income
thresholds. The author notes that this provision is intended
to encourage students to continue their educational
aspirations at a CCC; and, will specifically assist those
students who forgo transferring units in order to obtain
federal loan discharge and must start over at a CCC.
2)Cal Grants Restoration. Everest and WyoTech students were
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ineligible for the Cal Grant Program because these
institutions did not meet the CDR and GR performance
standards. Heald students were eligible in 2014-15 because
the institution reported a compliant CDR and GR. According to
CSAC, 2,772 students utilized some portion (less than a year)
of Cal Grant eligibility at a Heald campus in 2014-15.
According to CSAC, 116 students used a Cal Grant A, 863
students had a Cal Grant B, and 1,793 received a Cal Grant C.
Cal Grant rules establish limits (4 years) on the number of
awards that a student can receive. This bill would restore
award year eligibility for students for the amount of time
used at a Heald campus.
3)STRF for California Heald and online students. This bill
would provide STRF eligibility for California students
enrolled in Heald campuses and California students enrolled in
an online program of a CCI institution housed out-of-state.
Heald students are not eligible for STRF because Heald was
exempt from BPPE oversight due to an exemption provided in
California law for WASC-accredited institutions. Prior to
2007, Heald was a non-profit institution that had operated in
California since the 1963. CCI purchased Heald in November of
2009. Of note, Heald was required under federal law to become
BPPE-approved by July 1, 2015; had Heald taken action to
obtain BPPE-approval prior to closure, Heald students would be
eligible for STRF. Online students may not currently be
eligible for STRF because California law does not regulate
online programs.
CAPPS has expressed concern that Heald was not regulated by
the BPPE at the time of closure, and has requested an
amendment to remove Heald students from STRF and instead
require General Fund be used to pay Heald STRF claims.
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While Heald was not regulated by the BPPE at the time of
closure, CCI, as the corporate owner of Everest and WyoTech,
did provide funds to the BPPE and STRF. According to BPPE
documents, CCI students paid just over $2 million in funds to
STRF, and CCI provided just over $1.5 million in
administrative fees to BPPE since 2010.
CAPPS opposes the provisions of this bill that would increase
STRF, arguing that this would place an additional burden on
students. Committee staff understands that the proposal to
increase the STRF statutory cap from $25 million to $50
million, contained in this legislation, was requested by BPPE
prior to the announcement of the CCI closure. Committee staff
also notes that within the last week, according to press
reports, two other large for-profit chains announced closing
(teaching-out and selling) some campuses.
Moving forward, as STRF is assessed, the author may wish to
consider whether newly approved institutions, or those with
students that have not previously paid into STRF, should be
required to assess STRF first.
4)Legal assistance for student loan/recovery. This bill would
establish a grant program (through the BPPE Administrative
Fund) to provide grants to legal aid organizations that assist
students in federal loan discharge and STRF recovery claims.
As previously outlined, legal aid organizations are
non-profits that operate throughout the country to provide
legal assistance to low-income individuals. The federal legal
aid program, under LSC, dates back to the 1960's and current
federal statutes and regulations establish an array of
requirements on grant fund recipients. Currently, the DOJ,
which is prohibited from assisting individuals with legal
claims, is referring CCI students to their local legal aid
organization for assistance with completing loan
discharge/tuition recovery processes. Committee staff
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understands that, while legal aid organizations are working to
assist these students, they are not currently funded
sufficiently to support the number of students harmed by the
CCI closure.
CAPPS has requested that this provision of the bill be
removed, noting that it is "not only an inappropriate use of
institutional fees, but unnecessary given the resources
provided by the Attorney General, CA Student Aid Commission,
BPPE staff, Department of Education, and others." Committee
staff notes that, with the exception of BPPE, none of the
CAPPS mentioned agencies are specifically funded for the
purpose of assisting students with student loan/refund related
issues.
The BPPE administrative fees are provided to the BPPE for the
purpose of regulating institutions and protecting
students/consumers. Among its various charges, BPPE is
responsible for assisting students in obtaining restitution
for institutional violations of law. Unfortunately, the BPPE
has not been historically successful in this role. In 2000,
the California State Auditor had found that the former-Bureau
had consistently failed to fulfill oversight responsibilities.
In March of 2014, the Auditor found that BPPE had failed to
meet responsibilities to protect the public's interest. Due
to ongoing staffing shortages and lack of oversight
activities, BPPE has significant operating reserves in its
Administrative Fund (over $10 million). Additionally, BPPE
has an outstanding $3 million loan to the GF.
Committee staff understands that the author's intent is to
establish a BPPE-Legal Aid grant program similar to that
created to assist homeowners during the mortgage foreclosure
crisis. In 2013, the DOJ issued approximately $10 million in
grants to non-profit organizations to assist consumers by
providing or expanding access to free legal assistance and
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representation, foreclosure intervention aid, homeowner
education and financial literacy clinics, blight remediation
services, fraud prevention education, and employment services.
This bill would require grant recipients to assist students,
including veteran students, for no less than one year
following the closure of the institution, with loan discharge
and tuition recovery related claims. Legal aid organizations
would be required to be located in the areas of the state
affected by the institution's closure. Legal aid
organizations that received grants would be required to report
to the BPPE at the end of the grant on the number of students
served. The bill appropriates $1,300,000 from the BPPE
Administrative Fund for this purpose. Committee staff
understands this estimate is based on the number of students
potentially eligible for a federal loan discharge, assuming a
cost of $100 per student.
5)Closed schools task force. This bill would establish a
standing closed school task force in order to respond to the
unanticipated closure of institutions. The author intends
this task force to ensure a prompt and coordinated response to
a school closure. CAPPS and American Career College/West
Coast have requested an amendment to add school
representatives to the task force.
Moving forward, the author may wish to amend this bill to add
two financial aid professionals, both representing Cal Grant
eligible institutions, one from a CCC and one from a
BPPE-approved institution, to the task force.
REGISTERED SUPPORT / OPPOSITION:
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Support
None on File
Opposition
None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960