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
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