BILL ANALYSIS Ó
AB 907
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 907
(Burke) - As Amended March 26, 2015
[Note: This bill is doubled referred. On April 8, 2015, this
bill was heard and approved by a vote of 7-0 in the Assembly
Committee on Education.]
SUBJECT: Career training: adult students
SUMMARY: Authorizes the Superintendent of Public Instruction
(SPI) to provide "state authorization" and a complaint process
for adult education programs; this authority is necessary for
adult education programs to meet eligibility requirements in
order to continue to participate in federal student financial
aid. Specifically, this bill:
1)Establishes the following findings and declarations:
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a) Career training for adults is an important part of
workforce and economic development in California;
b) Many of California's neediest adult students require
financial aid to support their career training;
c) Historically, those adult students have had access to
federal financial aid under Title IV of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
et seq.);
d) Recent revisions in federal regulations governing Title
IV of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.) have eliminated the
eligibility for financial aid for adult students in many of
California's career training programs operated by local
educational agencies, even though adults in those programs
have been historically eligible.
e) The Legislature supports:
i) Adult students' access to career training programs
that will improve or expand their job skills and
employability.
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ii) Adult students' access to federal financial aid that
may be used for career training programs and services.
iii) Providers of career training programs for adult
students, as those providers work to satisfy federal
requirements necessary to establish federal financial aid
eligibility for those adult students.
2)Authorizes the SPI to certify, by name, any regional
occupational center or program, county office of education, or
adult education program, that provides a program of training
to prepare adult students for gainful employment in a
recognized occupation or that leads to a degree or
certificate, for purposes of participation in student
financial assistance authorized by Title IV of the Higher
Education Act of 1965, as amended.
3)Requires a regional occupational center or program, county
office of education, or adult education program applying for
certification to comply with both of the following:
a) Satisfy all applicable eligibility requirements
specified in federal rulemaking pursuant to Sections 600.6,
600.7, and 600.9 of Title 34 of the Code of Federal
Regulations; and,
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b) Apply in writing to the Superintendent, as an individual
center, program, or office, to be considered for
certification.
4)Provides that any person may file a complaint under the
Uniform Complaint Procedures, as set forth in Title 5 of the
California Code of Regulations, regarding an alleged violation
by a local agency of federal or state law or regulations
governing adult education programs or regional occupational
centers and programs, including allegations of unlawful
discrimination, harassment, intimidation, or bullying.
5)Requires the SPI to adopt regulations that authorize any
person to file a complaint under the Uniform Complaint
Procedures, as set forth in Title 5 of the California Code of
Regulations, regarding an alleged violation by a county office
of education of federal or state law or regulations governing
that county office's participation in any student financial
assistance program authorized by Title IV of the Higher
Education Act of 1965, as amended, including allegations of
unlawful discrimination, harassment, intimidation, or
bullying.
EXISTING LAW: Title IV of the Federal Higher Education Act of
1965, as amended, establishes the federal student aid program,
administered by the United States Department of Education (USDE)
to provide grants, loans and work-study funds from the federal
government to eligible students enrolled in eligible colleges or
career schools.
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FISCAL EFFECT: Unknown.
COMMENTS: Background. On October 29, 2010, the United States
Department of Education (USDE) issued regulations to improve the
integrity of programs authorized to receive federal student
financial aid funding under Title IV of the Higher Education Act
of 1965, as amended. Among numerous other requirements,
largely directed at for-profit and career colleges, the
regulations required institutions to be (1) "authorized" by the
state in which they operate, and (2) to ensure a state-level
student complaint process. Initially slated to take effect by
July 1, 2013, concerns over the lack of state-level processes
for institutions to address compliance, implementation of these
regulations has been delayed until July 1, 2015.
In California, the University of California (UC), the California
State University (CSU), and the California Community Colleges
(CCC) appear to meet the Title IV requirements through the
"state authorization" provided through their explicit
recognition in statute and the oversight/complaint process
established by their segmental offices (UC Office of the
President, CSU Chancellor, and CCC Chancellor). Private
postsecondary educational institutions can meet the Title IV
rules through regulation and oversight provided by the Bureau
for Private Postsecondary Education, under a voluntary pathway
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established in the 2013-14 Budget Act.
Purpose of this bill. According to the author, following the
passage of the federal program integrity regulations, three
states across the country (California, Texas and Florida) found
that their state agency providing oversight of K-12 entities
offering career training for needy adults did not have the
statutory authority to properly "state authorize" these
providers. This bill seeks to establish a process, through the
SPI, to allow numerous K-12 county offices of education, adult
education programs, and regional occupational centers and
programs, which have historically provided career training to
needy students over the age of 18, to continue eligibility for
students to receive federal financial aid under Title IV of the
Higher Education Act.
Corrective amendments suggested. Committee staff recommends
correcting the following findings and declarations to
appropriately reflect federal law and its requirements:
(c) Historically, those adult students have had access to
federal financial aid under Title IV of the federal
Elementary and Secondary Higher Education Act of 1965, as
amended, ( U.S.C. Sec. 6301 et seq .).
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(d) Recent revisions in federal regulations to improve
integrity of the programs authorized under governing Title
IV of the federal Elementary and Secondary Education Act (20
U.S.C. Sec. 6301 et seq.) Higher Education Act (34 CFR
600.9) have eliminated the established new institutional
eligibility requirements for financial aid for adult
students in many of California's career training programs
operated by local educational agencies , even though adults
in those programs have been historically eligible .
Urgency statute. As previously noted, the federal deadline for
meeting state authorization requirements is July 1, 2015. In
order to ensure these programs do not lose Title IV financial
aid program eligibility, the author is proposing to add an
urgency statute to this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California School Administrators
Baldy View Regional Occupational Program
Butte County Regional Occupational Program
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California Federation of Teachers
California Manufacturers and Technology Association
Colton Redlands Yucaipa Regional Occupational Program
Compton Unified School District
East San Gabriel Valley Regional Occupational Program
Los Angeles County Office of Education
Metropolitan Education District
North Orange County Regional Occupational Program
Riverside County Superintendent of Schools
San Joaquin County Office of Education
Southern California Regional Occupational Center
Opposition
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None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960