BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 752|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 752
          Author:   Salas (D)
          Amended:  4/23/15 in Assembly
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 6/22/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE EDUCATION COMMITTEE:  7-0, 7/1/15
           AYES:  Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak
           NO VOTE RECORDED:  Block, Hancock

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

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


          SOURCE:    Author

          DIGEST:   This bill requires the Bureau for Private  
          Postsecondary Education, by July 1, 2016, to review the list of  
          examinations prescribed by the U.S. Department of Education and  
          if the Bureau determines there is no examination appropriate for  
          ability-to-benefit students with limited English proficiency, to  
          approve an alternative examination for these students. 

          ANALYSIS: 
          








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          Existing law:

          1)Establishes the California Private Postsecondary Education Act  
            (Act) of 2009 until January 1, 2015, and requires the Bureau  
            of Private Postsecondary Education (Bureau) within the  
            Department of Consumer Affairs to, among other things, to  
            review, investigate and approve private postsecondary  
            institutions, programs and courses of instruction pursuant to  
            the Act and authorizes the Bureau to take formal actions  
            against an institution/school to ensure compliance with the  
            Act and even seek closure of an institution/school if  
            determined necessary.  The Act also provides for specified  
            disclosures and enrollment agreements for students,  
            requirements for cancellations, withdrawals and refunds, and  
            that the Bureau shall administer the Student Tuition Recovery  
            Fund to provide refunds to students affected by the possible  
            closure of an institution/school.  (Education Code (EC) §  
            94800 et seq.)

          2)Defines "Ability-to-benefit student" (ATB) as a student who  
            does not have a certificate of graduation from a school  
            providing secondary education, or a recognized equivalent of  
            that certificate.  Provides that before an ATB student may  
            execute an enrollment agreement, the institution shall have  
            the student take an independently administered examination  
            from the list of examinations prescribed by the United States  
            Department of Education (USDE).  Specifies that the student  
            may not enroll unless he or she achieves a score, as specified  
            by USDE, demonstrating that the student may benefit from the  
            education and training being offered.  Authorizes the Bureau,  
            if USDE does not have a list of relevant examinations that  
            pertain to the intended occupational training, to publish its  
            own list of acceptable examinations and required passing  
            scores.  (EC § 94811 and EC § 94904)

          3)Specifies that an enrollment agreement shall be 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.  Also  
            specifies that if the recruitment leading to enrollment was  
            conducted in a language other than English, the enrollment  







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            agreement, disclosures, and statements shall be in that  
            language.  (EC § 94906)

          This bill requires the Bureau, on or before July 1, 2016, to  
          review the list of examinations prescribed by USDE and if the  
          Bureau determines there is no examination on the list  
          appropriate for ATB students with limited English proficiency,  
          requires the Bureau to approve an alternative examination for  
          these students.  Authorizes the Bureau, when approving the  
          alternative examination, to consider the Comprehensive Adult  
          Student Assessment System (CASAS) examination.

          Background
          
          Under Federal law, students without a high school diploma or  
          General Educational Development (GED) 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.  The intent of the 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 Act requires all institutions covered by the Act to  
          administer ATB tests to students who have not obtained secondary  
          education.  Students must pass a USDE-approved ATB test before  
          enrolling in the institution.  The Bureau is also authorized to  
          publish a list of eligible examinations if the USDE does not  
          have a relevant examination.  

          In 2012, out of concerns that existing USDE-approved ATB  
          examinations were not appropriate for English as a second  
          language students, the Act was amended to authorize the Bureau  
          to publish a list of alternative examinations if the USDE does  
          not have a relevant examination.  The Bureau has yet to publish  
          its own list and the Author is concerned that many 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, a problem  
          that is disproportionality affecting those with limited English  
          proficiency and low income communities.  








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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/18/15)


          None received


          OPPOSITION:   (Verified8/18/15)


          None received


           


           

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, 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, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Sarah Mason / B., P. & E.D. / (916) 651-4104
          8/19/15 20:55:01


                                   ****  END  ****


          







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