BILL ANALYSIS Ó
AB 907
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
907 (Burke) - As Amended April 30, 2015
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| |Higher Education | |12 - 0 |
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Urgency: Yes State Mandated Local Program: NoReimbursable:
Yes
SUMMARY:
This bill authorizes the Superintendent of Public Instruction
(SPI) to certify, by name, any regional occupational center or
program (ROC/P), county office of education (COE), or adult
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education program, that provides career training, as specified,
for purposes of participating in federal student financial
assistance program. Specifically, this bill:
1)Requires an ROC/P, a COE or an adult education program
applying for certification to comply with both of the
following:
a) Satisfy all applicable eligibility requirements
specified in federal rulemaking; and
b) Apply in writing to the SPI as an individual ROC/P,
COE, or adult education program.
1)Authorizes any person to file a complaint under the Uniform
Complaint Procedures (UCPs) regarding an alleged violation by
a local agency of federal or state law governing adult
education programs or ROC/Ps, including allegations of
unlawful discrimination, harassment, intimidation, or
bullying, and requires the SPI to adopt regulations to
implement this authorization.
FISCAL EFFECT:
1)Ongoing General Fund administrative costs in the range of
$60,000 to $100,000 for the California Department of Education
(CDE) to certify eligibility for federal student financial
assistance. CDE may also incur additional costs to the extent
there is an increase in UCP complaint filings. For example, in
2013, after AB 1575 authorized the UCP process for pupil fee
complaints, claims spiked from zero to 121 in nine months.
CDE received two positions to assist with this increased
workload.
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2)Expanding the existing UCP process to include complaints from
financial aid recipients could expand the number of
reimbursable claims associated with this state mandate. In
2013, the Commission on State Mandates (CSM) determined the
UCP to be a reimbursable state mandate with an estimated
annual cost of $34,751. The following year, the Legislature
added the UCP to the K-14 Education Mandate Block Grant. If
the CSM determines the requirements of this bill impose a
higher level of service, this could place pressure on the
Legislature to increase funding under the K-12 Mandate Block
Grant.
COMMENTS:
1)Purpose Title IV of the federal Higher Education Act of 1965
provides financial aid for adult learners in post-secondary
programs, including programs that provide job or career
training for needy adults. In California these programs have
been provided by K-12 adult education programs, ROC/Ps, and
COEs. If the programs meet necessary federal requirements,
then the student they enroll are entitled to federal financial
aid that covers all costs.
Recent revisions to federal regulations require a state agency
that has oversight over the entities providing the training to
certify each provider in order for their adult students to be
eligible for federal financial aid. In California no state
agency has the statutory authority to provide the
federally-required certification.
This bill authorizes the SPI to provide the needed
certification. According to the author's office, this meets
the requirements of the revised federal regulations.
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The revised federal regulations also require that a
state-level complaint process be available for any federal
financial aid recipients. This bill utilizes the existing UCP
process to meet this requirement.
2)Related Legislation:
a) AB 379 (Gordon), pending in this committee, establishes
an expedited UCP process requiring action within five days
for complaints alleging violations of certain educational
rights afforded to students in foster care and students who
are homeless.
b) AB 304 (Garcia), pending in this committee, establishes
an expedited UCP process, requiring action within five days
with regard to lactation accommodations for students.
c) AB 1391 (Gomez), pending in this committee, authorizes
complaints regarding local education agency (LEA)
noncompliance with the physical education instructional
minute requirement to be filed under the Uniform Complaint
Procedures (UCP) process
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081
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