BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 752


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          Date of Hearing:  April 21, 2015


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 752  
          (Salas) - As Amended March 26, 2015


          SUBJECT:  Private postsecondary education:  California Private  
          Postsecondary Education Act of 2009


          SUMMARY:  Requires, if the Bureau for Private Postsecondary  
          Education (BPPE) publishes a list of relevant occupational  
          ability-to-benefit (ATB) examinations and passing scores, the  
          list shall include the Comprehensive Adult Student Assessment  
          System (CASAS) examination. 


          EXISTING LAW:  Provides for, until January 1, 2017, student  
          protections and regulatory oversight of institutions in the  
          state pursuant to the Private Postsecondary Education Act (Act).  
           The Act is enforced by BPPE within the Department of Consumer  
          Affairs.  The Act defines an ATB student as a student without a  
          high school diploma or equivalency and provides that before an  
          ATB student may execute an enrollment agreement with a private  
          postsecondary educational institution (institution), the  
          institution must have the student take and pass an independently  
          administered examination from the list of examinations approved  
          by the United States Department of Education (USDE).  (Education  
          Code Section 94800 et seq.)


          FISCAL EFFECT:  Unknown








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          COMMENTS:  Background.  Under Federal law, students without a  
          high school diploma or equivalency can qualify for federal Title  
          IV loans, grants, and campus-based aid if they pass an  
          independently administered test of their basic math and English  
          skills, called an ATB test and are enrolled in college-level  
          career pathways programs.  The intent of the ATB test is to  
          measure whether students have the basic skills needed to benefit  
          from higher education and succeed in the institution.  Tests are  
          approved by the USDE and administered by an independent party.   
          Under Title IV, students must pass an ATB before receiving any  
          federal funds.  


          The Private Postsecondary Education Act (Act) of 2009, which  
          provides the BPPE with authority to regulate institutions  
          operating in California, requires all ATB students enrolling in  
          private postsecondary educational institutions to take and pass  
          an ATB examination.  In 2012, out of concerns that existing  
          USDE-approved ATB examinations were not appropriate for ESL  
          students, the Act was amended to authorize the BPPE to publish a  
          list of eligible examinations if the USDE does not have a  
          relevant examination.  To date, the BPPE has not published a  
          list of alternative ATB examinations. 


          Purpose of this bill.  According to the author, many immigrants  
          and working adults that do not have high school diplomas are  
          seeking to enroll in job and skills training programs, but are  
          having difficulty passing the USDE-approved ATB examinations.   
          This problem is disproportionality affecting those with limited  
          English proficiency and low income communities.  According to  
          the author, the CASAS is a widely used competency-based  
          assessment system designed to assess the relevant real-world  
          basic skills of adult learners.  CASAS measures the basic skills  
          and the English language and literacy skills needed to function  
          effectively at work and in life.  The author argues that this  
          assessment has been successfully used in the past to test ATB  








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          students and it should be included on the BPPE's list of  
          approved ATB examinations. 


          Recommended amendments. As previously noted the BPPE currently  
          has the authority to approve alternative ATB examinations, but  
          has not taken such action.  This bill also does not require BPPE  
          to take action to approve CASAS.  The author may wish to  
          consider the following amendment to ensure the BPPE takes  
          appropriate action: 


          94904.  (b) If the United States Department of Education does  
          not have a list of relevant examinations that pertain to the  
          intended occupational training, the bureau may publish its own  
          list of acceptable examinations and required passing scores.  
           If the bureau publishes its own list, the list shall include  
          the Comprehensive Adult Student Assessment System examination.   



           (c) The bureau shall, by July 1, 2016, review the list of  
          United States Department of Education approved examinations.   
          If the bureau determines there is no examination appropriate  
          to persons with limited English proficiency the bureau shall  
          approve an alternative examination.  In approving an  
          alternative examination, the bureau may consider the  
          Comprehensive Adult Student Assessment System examination  . 


           REGISTERED SUPPORT / OPPOSITION:




          Support


          None on File








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          Opposition


          None on File




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