BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 7, 2015


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 716  
          (Low) - As Introduced February 25, 2015


          SUBJECT:  California State University:  special sessions


          


          SUMMARY:  Defines "supplanting" for purposes of California State  
          University (CSU) special sessions (extended education) to mean  
          "reducing the number of state-supported course offerings while  
          increasing the number of self-supporting versions of that  
          course"; requires each campus to ensure any course required as a  
          condition of state-supported undergraduate degree completion to  
          be offered as a state-supported course; and, prohibits a campus  
          from requiring a state-supported student to enroll in an  
          extended education course in order to fulfill a graduation  
          requirement.


          


          EXISTING LAW:  












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          1)Requires CSU to establish tuition/fees adequate to meet the  
            cost of maintaining "special sessions" (extension  
            courses/programs) and defines "special sessions" to mean  
            self-supporting instructional programs conducted by CSU,  
            including, but not be limited to, career enrichment and  
            retraining programs; and, 

          2)Establishes Legislative intent that extension programs may be  
            provided throughout the year, and shall not supplant regular  
            course offerings available on a non self-supporting basis  
            during the regular academic year.



          FISCAL EFFECT:  Unknown.


          


          COMMENTS:  Background.  Under the CSU Extended and Continuing  
          Education Program, campuses offer baccalaureate and graduate  
          degree programs, certificates, and many forms of specialized  
          education and training for business, industry, and government.   
          While the composition of campus extended education programs  
          varies considerably, most maintain common instructional  
          elements, including allowing nonmatriculated students to enroll  
          in courses, pay self-support fees and earn university academic  
          credit.  Many campus extended education programs are conducted  
          during times when regular academic operations are recessed.  



          Concern over CSU use of extension.  During California's budget  
          crisis funding reductions to CSU resulted in fewer  
          state-supported course offerings.  CSU also increased extended  
          education programming.  Because demand for some state-supported  
          courses exceeded availability, some students enrolled in  








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          extended education courses to meet graduation requirements.   
          Financial aid programs generally do not cover the higher priced  
          extended education costs, and concerns were raised about the  
          impact of forcing matriculated CSU students to take extended  
          education courses in order to graduate.  These concerns led the  
          Joint Legislative Audit Committee (JLAC) to request an audit of  
          CSU's use of extended education programming. 





          Audit of CSU Extended Education.  In December 2013, the Bureau  
          of State Audits (BSA) released an audit report concerning  
          extended education in CSU and the supplanting of state-supported  
          courses.  BSA found difficulty in determining the extent to  
          which "supplanting" occurred due to lack of clarity in the term.  
           The BSA audit considered two interpretations of supplanting:  
          (1) a campus could not require a student to enroll in a  
          self-supported course as the only path to their degree; and, (2)  
          the plain meaning definition of replacing a state-supported  
          section with an extension section.  In analyzing campus course  
          data for fiscal years 2007-08 through 2011-12, BSA found  
          potential instances of supplanting under both definitions.  BSA  
          recommended that the Legislature provide direction regarding the  
          interpretation of supplanting, and provided several  
          recommendations to the CSU Chancellor's Office regarding  
          oversight and compliance of campus extension program activities.  
           





          CSU Executive Order (EO) 1099.  In response to the BSA audit,  
          the CSU Chancellor's Office (CO) established an Extended  
          Education State Audit Task Force to develop a definition of  
          supplanting and make recommendations.  The Task Force included  
          five campus presidents, four faculty members, two provosts, two  








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          extended education representatives, and two Office of the  
          Chancellor representatives.  The Task Force solicited  
          comments/feedback from the CSU community, and has held meetings  
          open to the public to discuss definition options.  The final  
          recommendations of the Task Force were presented to the  
          Chancellor; on June 9, 2014, the Chancellor issued EO 1099  
          relating to extended education.  





          Supplanting courses and serving students.  EO1099 expressly  
          prohibits, consistent with current law, extended education  
          programs from supplanting regular state-supported course  
          offerings during the regular academic year; however, supplanting  
          is not defined.  This bill defines supplanting to mean reducing  
          the number of state-supported course offerings while increasing  
          the number of self-supporting versions of that course.  In order  
          to determine campus compliance with EO 1099 for the prior  
          academic year, the CSU CO determined if at any campus there was  
          a decrease in state-supported FTES served and an increase in  
          state-supported students enrolled in extended education  
          instruction.  The CSU CO is working with campuses that reported  
          an increase in state-supported students enrolled in extended  
          education courses.  This bill would expressly define supplanting  
          in terms of the number of course offerings.    

          Requiring extended education for graduation.  EO 1099 states,  
          consistent with the requirement contained in this bill, that CSU  
          campuses are prohibited from requiring a state-supported student  
          to enroll in an extended education course in order to fulfill a  
          graduation requirement.  However, in both the EO and in this  
          bill, it is undefined when and how it would be determined that a  
          matriculated student was required to take an extended education  
          course in order to meet graduation requirements.  Committee  
          staff understands that under the current CSU EO, a  
          state-supported student is considered to have been required to  
          enroll in an extended education course only if the student is  








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          actually required to enroll in an extended education course;  
          however, the student may be unable to take the course because it  
          is not offered or is full.  



          Prior legislation.  

          AB 2153 (Gray, 2014) and AB 2610 (Williams, 2014) would have  
          establish a definition of "supplanting" for the purpose of CSU  
          extension.  AB 2153 was held in the Senate Education Committee  
          and AB 2610 was held in the Senate Appropriations Committee.



          AB 2427 (Butler, 2012), held in the Senate Appropriations  
          Committee, would have required CSU to annually report to the  
          Legislature on extended education and the CSU Trustees to  
          publicly notice, hear, and approve any changes to special  
          session fees.





          SB 1011 (Calderon, 2010), which was held in the Senate, would  
          have prohibited CSU summer session fees from exceeding the fees  
          charged per credit unit for any other academic term, except for  
          courses taken solely for the purpose of career enhancement or  
          job retraining.





          REGISTERED SUPPORT / OPPOSITION:


          








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          Support


          


          California Faculty Association


          


          Opposition


          


          None on File


          





          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960

















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