BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 716| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 716 Author: Low (D) Introduced:2/25/15 Vote: 21 SENATE EDUCATION COMMITTEE: 8-0, 6/24/15 AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak NO VOTE RECORDED: Runner SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote SUBJECT: California State University: special sessions SOURCE: Author DIGEST: This bill defines "supplanting" for purposes of special session instructional programs offered at the California State University (CSU), and establishes requirements and prohibitions on the offering of state-supported and special session courses for the purposes of degree completion and graduation. ANALYSIS: Existing law: 1)Authorizes the CSU to require and collect tuition fees from AB 716 Page 2 students enrolled in each special session adequate in the long run, to meet the cost of maintaining special sessions. "Special sessions" at the CSU are defined to include, but not be limited to, career enrichment and retraining programs. 2)Declares the intent of the Legislature that the programs specified above, offered on a self-supporting basis by the CSU during summer sessions, may be provided throughout the year; and prohibits these courses from supplanting state-supported course offerings during the regular academic year. (EC § 89708) This bill: 1)Defines supplanting to mean a reduction in the number of state-supported course offerings while increasing the number of self-supporting versions of that course. 2)Requires that each CSU campus, to the extent possible, ensure that courses required for state-supported matriculated students to complete their undergraduate degrees be offered as state-supported courses. 3)Prohibits a campus from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program. Comments 1)Bureau of State Audits (BSA) report. In December 2013, the State Auditor issued a report, California State University's Extended Education. The report found that, because state law does not define "supplanting," it was not possible to determine the extent to which such occurred at the three campuses reviewed. Depending upon the definition used, the Auditor identified as few as 26, and as many as 914 instances in which supplanting may have occurred. In addition, among other things, the report noted that campuses did not always prepare statements of revenues and expenditures when setting fees, as required per CSU student fee policy, revenues from AB 716 Page 3 extended education generally exceeded expenditures, and two of the three campuses did not notify the Chancellor's Office, as required, before converting a state-supported program to a self-supported program. Among other things, the report recommended that the Legislature enact statutory language clarifying and defining "supplant" and include a description of how CSU should measure whether supplanting is occurring. 2)CSU Response. Among the recommendations, the Bureau of State Audits (BSA) proposed that the Chancellor's Office immediately begin working with the Legislature and its staff to clarify its intent regarding supplanting. Further, that until clarified by the Legislature, the Chancellor's Office should immediately finalize its executive order pertaining to extended education. In response, the CSU convened a task force comprised of presidents, provosts, extended education deans, academic senators and student representation to work with the Chancellor's Office staff to discuss and suggest draft supplant language. According to the BSA, the Assistant Vice Chancellor of the CSU Office of Advocacy and State Relations met with the Chair of the Higher Education Committee on February 10, 2014, and discussed next steps. The Chancellor also approved the supplant language definition as recommended by the task force on May 23, 2014. As a result of the task force meetings, CSU Executive Order 1099 was issued in June 2014. The California State Auditor's assessment of the status of these recommendations is that they have been fully implemented. 3)CSU Executive Order 1099. CSU Executive Order 1099, issued in June 2014, outlines the procedures to be followed by each CSU campus in offering extended education self-support courses and programs, including those offered in summer session and winter intercession. Among other things, the Executive Order provides that for degree, credential or certificate programs, or individual academic credit bearing courses to be offered during regular AB 716 Page 4 college terms, CSU Operating Funds must be either unavailable or inappropriate for supporting the offerings and meet one additional criteria from the following list: a) Courses or programs must be designed primarily for career enrichment or retraining. b) Course or program location is removed from permanent state-supported facility. c) Courses or programs are offered through a distinct technology. d) There must have been a cessation of non-state funding that previously provided educational or other services that cost beyond that which could reasonably be provided with CSU operating funds. In addition, the CSU is prohibited from requiring a state-support matriculated student from enrolling in self-support courses in order to fulfill the graduation requirements of a state-supported degree program. This bill's provisions generally parallel this element of the Executive Order. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified7/6/15) California Faculty Association California Teachers Association OPPOSITION: (Verified7/6/15) None received ASSEMBLY FLOOR: 77-0, 4/30/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, AB 716 Page 5 Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Chávez, Olsen Prepared by:Kathleen Chavira / ED. / (916) 651-4105 7/7/15 17:14:23 **** END ****