BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 752
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|Author: |Salas |
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|Version: |April 23, 2015 |
| |Hearing Date: July 1, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant: |Olgalilia Ramirez |
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Subject: Private postsecondary education: California Private
Postsecondary Education Act of 2009
SUMMARY
This bill establishes a deadline for which the Bureau for
Private Postsecondary Education (BPPE) must review the list of
examinations prescribed by the United States Department of
Education (USDE) and to approve an alternative examination for
ability-to-benefit (ATB) students with limited English
proficiency, if the BPPE determines there is no examination
appropriate for these students.
BACKGROUND
1)Existing law establishes the California Private Postsecondary
Education Act (Act) of 2009, which provides for the approval,
regulation, and enforcement of private postsecondary
educational institutions. Among other things, the Act
requires that, before an "ability-to-benefit" student (defined
as a student without a certificate of graduation from a school
providing secondary education) may execute an enrollment
agreement, the institution shall have the student take an
independently administered examination from the list of
examinations prescribed by the USDE pursuant to federal law,
and prohibits the student from enrolling unless the student
achieves a score, as specified by the USDE, demonstrating that
the student may benefit from the education and training being
offered. (Education Code § 94904)
2)Existing law also requires that an enrollment agreement be
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written in language that is easily understood and that if
English is not the student's primary language, and the student
is unable to understand the terms and conditions of the
enrollment agreement, the student shall have the right to
obtain a clear explanation of the terms and conditions and all
cancellation and refund policies in his or her primary
language. Current law also requires that if the recruitment
leading to enrollment was conducted in a language other than
English, the enrollment agreement, disclosures, and statements
must also be in that language. (EC § 94906)
ANALYSIS
This bill:
1)Requires the BPPE, by July 1, 2016, to review the list of
existing examinations prescribed by the USDE for the purposes
of testing students without a high school diploma or
equivalent.
2)Requires the Bureau for Private Postsecondary Education (BPPE) to
approve an alternative examination for students with limited
English proficiency provided that the BPPE determines there is
no examination appropriate for these students.
3)Specifies that when the BPPE approves the alternative examination
it may consider the Comprehensive Adult Student Assessment
System examination.
STAFF COMMENTS
1)Need for the bill. According to the author, many working adults
without a high school diploma are seeking to enroll in job
training programs but struggle to pass the United States
Department of Education (USDE) approved ability-to-benefit
(ATB) examinations. The author asserts that this problem is
disproportionality impacting those with limited English
proficiency and low-income communities. Current law enacted
in 2012, authorized the BPPE to publish a list of alternative
exams if the USDE does not have relevant exams. The BPPE has
yet to publish the list. This bill attempts to provide
English learners taking the ATB examination with an
appropriate alternative for training programs by establishing
a deadline for the BPPE to publish a list of alternative
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examinations.
2)Ability-to-benefit (ATB). Current law defines
"ability-to-benefit," a student as a student who does not have
a certificate of graduation from a school providing secondary
education, or a recognized equivalent of that certificate. An
institution is required, prior to executing an enrollment
agreement with an ATB student, to have the student take and
pass an independently administered examination from the list
of examinations prescribed by USDE. According to the author
some non-English based training programs do not have relevant
USDE-approved tests for English learners as such this
clarification and exam alternatives are needed. The BPPE was
authorized in 2012 to review and publish the list of
alternative exams and it is unclear why the agency has yet to
follow through with the legislative directive.
3)Comprehensive Adult Student Assessment System (CASAS). This bill
allows the BPPE to consider CASAS as an alternative
examination. CASAS offers competency based examinations
designed to assess the basic skills of adult learners
including non-native speakers. These assessments have been
used by federal and state government agencies, business and
industry, community colleges, among other entities.
4)Prior legislation.
SB 675 (Wright, 2011) would have required that private
postsecondary education institutions subject to the California
Private Postsecondary Education Act of 2009 (Act) administer a
test of English language proficiency to a nonnative speaker of
English, as defined, prior to enrolling the student. SB 675
died in the Senate Business Professions and Economic
Development Committee.
AB 1889 (Portantino, 2010) enacted several changes to the
California Private Postsecondary Education Act and the related
oversight provided by the BPPE for Private Postsecondary
Education including authorizing to publish a list of eligible
examinations appropriate for English language learners. AB
1889 was vetoed by Governor Schwarzenegger whose veto message
read in part:
"Among many other provisions, this bill would require an
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Executive Branch agency to follow specific staffing
requirements prescribed by the Legislature. This is both
an inappropriate and unacceptable action to micro-manage
and burden the implementation of regulatory policy."
AB 1013 (Higher Education Committee, 2011) clarifies
provisions of the California Private Postsecondary Education
Act and the related oversight provided by the Bureau for
Private Postsecondary Education (BPPE). This bill allows the
BPPE to publish a list of eligible examinations if the United
States Department of Education (USDE) does not have a relevant
examination.
SUPPORT
None received.
OPPOSITION
None received.
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