BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1385            
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          |Author:    |Ting                                                 |
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          |Version:   |July 8, 2015                                 Hearing |
          |           |Date:     July 15, 2015                              |
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          |Urgency:   |No                     |Fiscal:     |No              |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Community colleges:  accreditation

            SUMMARY
          
          This bill prohibits the accrediting agency for California  
          Community Colleges (CCC) from imposing a special assessment on  
          CCCs for legal fees related to a lawsuit, unless there has been  
          an affirmative vote by the majority of the chief executive  
          officers, or their designees, of all the CCCs.

            BACKGROUND
          
          Existing law confers upon the CCC Board of Governor's (BOG) the  
          ability to prescribe minimum standards for the formation and  
          operation of community colleges and exercise general supervision  
          over the community colleges.  (Education Code § 66700 and §  
          70901)  

          As such, regulations (Title 5 California Code of Regulations  
          (CCR) § 51016) have been adopted to require each community  
          college within a district to be an accredited institution - with  
          the Accrediting Commission for Community and Junior Colleges  
          (ACCJC) determining accreditation. 

            ANALYSIS
          
          This bill:

       1)Prohibits the accrediting agency from imposing a special  
            assessment on community colleges for the accrediting agency's  







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            legal fees for any lawsuit, unless there has been affirmative  
            vote of the majority of the chief executive officer, of all  
            the community colleges.

       2)Provides that each community college, as represented by its chief  
            executive office or designee, shall be eligible to cast a vote  
            on the assessment. 

       3)Provides that this provision does not apply to the accrediting  
            agency's activities that are related to private educational  
            institutions in the state or educational institutions outside  
            of the state.

       4)Provides that this section does not affect the authority of the  
            United States Department of Education regarding educational  
            institutions.

       5)Sets aside the provisions of this bill if it is determined by the  
            CCC Chancellor that federal criteria for recognition of an  
            accrediting agency prohibits a recognized accrediting agency  
            from complying with the requirements of this bill. 
          
          STAFF COMMENTS
          
       1)Need for the bill.   According to the author, the assessments  
            imposed by the Accrediting Commission for Community and Junior  
            Colleges (ACCJC) to its members to fund legal fees are  
            unreasonable and excessive. The author notes that following  
            the decision to terminate the accreditation of City College of  
            San Francisco, the Accrediting Commission for Community and  
            Junior Colleges (ACCJC) imposed a 5% special assessment to its  
            member institution for the 2014-15 fiscal years due to a  
            significant reduction in its reserves. The author further  
            asserts that due to ACCJC's "mixed history of abiding by laws  
            and regulations governing the accrediting process," there is a  
            need to shield that state from mounting legal costs. This bill  
            seeks to provide California Community College Chief Executive  
            Officers the ability to approve or reject special assessments  
            by their accreditor to cover the accreditor's legal expenses.
               
       2)Accreditation.  Accreditation is a voluntary, non-governmental  
            peer review process used to determine academic quality.  
            Accrediting agencies are private organizations that establish  
            operating standards for educational or professional  








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            institutions and programs, determine the extent to which the  
            standards are met, and publicly announce their findings.  

            Under federal law, the United States Department of Education  
            (USDE) establishes the general standards for accreditation  
            agencies and is required to publish a list of recognized  
            accrediting agencies that are deemed reliable authorities on  
            the quality of education provided by their accredited  
            institutions.  There are three basic types of accreditation:

          a)   Regional Accreditation.  There are six USDE-recognized  
               regional accrediting agencies.  Each regional accreditor  
               encompasses public, the vast majority of non-profit private  
               (independent), and some for-profit postsecondary  
               educational institutions in the region it serves.   
               California's regional accrediting agency is separated into  
               two commissions: the Accrediting Commission for Community  
               and Junior Colleges (ACCJC) and the Senior College and  
               University Commission (WASC-Sr.). 

          b)   National Accreditation.  National accreditation is not  
               based on geography, but more focused to evaluate specific  
               types of schools and programs.  National accreditation is  
               designed to allow nontraditional colleges (trade schools,  
               religious schools, certain online schools) to be compared  
               against similarly designed institutions.  Different  
               standards and categories are measured, depending on the  
               type of institution.  

          c)   Specialized/Programmatic Accreditation.  Offered by  
               accrediting agencies that represent specific fields of  
               study, these agencies do not accredit entire colleges but  
               instead accredit the programs within colleges that prepare  
               students for the specific field or industry.  In most  
               cases, specialized accreditation alone does not enable  
               participation in state and federal financial aid programs.

       3)Accrediting Commission for Community and Junior Colleges (ACCJC).  
             The ACCJC is the regional accrediting agency for community  
            colleges in the western region (California, Hawaii, and U.S.  
            territories). Commission membership consists of the  
            institutions Accrediting Commission for Community and Junior  
            Colleges (ACCJC) has accredited; the 19 commissioners are  
            elected by a vote of the presidents of the member-colleges and  








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            serve up to two three-year terms. Commissioners must fall  
            within the following categories:

             a)   One representative of the California Community Colleges  
               (CCC) Chancellor's Office;

             b)   One representative from the Hawaii community colleges  
               system office;

             c)   At least five academic faculty;

             d)   At least three public members;

             e)   At least three community college administrators;

             f)   At least one independent institutional representative;

             g)   At least one representative of WASC Sr. accredited  
               institutions;

             h)   At least one representative of the institutions in the  
               American Affiliated Pacific Islands.

            The ACCJC bylaws govern, among other areas, commission  
            meetings, responsibilities of commissioners, and the appeal  
            process for institutions appealing a denial or termination of  
            accreditation.  The ACCJC bylaws may be amended by a majority  
            vote of the Commissioners.  Under ACCJC bylaws, the President  
            (Chief Executive Officer) is appointed, and may be removed, by  
            the Commissioners.  The President is responsible for general  
            supervision, direction, and control of ACCJC operations.

       4)Who evaluates ACCJC standards?  The National Advisory Committee  
            on Institutional Quality and Integrity advises the United  
            States Department of Education on matters related to  
            postsecondary accreditation and the eligibility and  
            certification process for higher education institutions to  
            participate in Federal student aid programs.  Its primary  
            function is to provide recommendations to the U.S. Secretary  
            of Education concerning whether accrediting entities'  
            standards are sufficiently rigorous and effective in their  
            application to ensure the entity is a reliable authority  
            regarding the quality of the education provided by the  
            institutions or programs it accredits.  To meet that standard,  








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            accrediting entities must demonstrate compliance with all the  
            criteria for recognition.

       5)Accreditation of California community colleges.  After an initial  
            accreditation, colleges must have their accreditation  
            reaffirmed every six years.  This process includes a  
            self-study, a site visit by a team of peers, a recommendation  
            by the visiting team and an action by the Accrediting  
            Commission for Community and Junior Colleges (ACCJC).  In  
            addition to these core components, colleges must submit a  
            midterm report every three years and annual progress reports.   
            The college/district may also have to submit follow-up reports  
            and host visits as required by the ACCJC.  There are three  
            levels of sanctions prior to termination of accreditation:   
            Warning, Probation, and Show Cause.  Follow up reports and  
            accreditation visits are required to retain full  
            accreditation.

            Many California community colleges have faced various levels  
            of accreditation sanctions.  Most recently the sanctions  
            imposed on City College of San Francisco have drawn attention  
            to ACCJC and its accreditation process.  The heightened  
            attention lead to an audit by the California State Auditor,  
            who on June 26, 2014, issued a report on California Community  
            Colleges Accreditation.  This audit report provided both a  
            review of the ACCJC and the accreditation process in general,  
            as well as a more in-depth examination of recent events  
            related to City College of San Francisco.  The report raised  
            some concerns of the ACCJC and the accreditation process and  
            made a series of recommendations to address the identified  
            concerns. 

            After the release of the State Auditor's report, the  
            California Community Colleges (CCC) Chancellor's Office  
            reconvened its Accreditation Task Force consisting of  
            community college stakeholders.  The Accreditation Task Force  
            is charged with providing input through a report to the  
            Chancellor's Office regarding the accreditation process,  
            including addressing the State Auditor's recommendations. The  
            Accreditation Task Force held its final meeting at the end of  
            May 2015, and is in the process of finalizing and submitting  
            its final report later this year. The recommendations from the  
            taskforce may help shed light on issues and present potential  
            recommendations for future legislative review and action. 








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            Should any statutory changes affecting an accrediting agency  
            be imposed prior to the receipt of the report and  
            recommendations of the Chancellor's Office Accreditation Task  
            Force?

       6)Unintended consequences?  This bill seeks to change the method by  
            which fees  covering legal costs are imposed on member  
            institutions of the agency providing accreditation of CCCs. As  
            previously indicated, accrediting agencies are private,  
            membership-based, non-profit organizations recognized by the  
            USDE.  While these agencies provide accreditation of public  
            institutions, they are not themselves public entities. The  
            ability of the state to enforce statutorily imposed  
            requirements is severely limited as accrediting agencies could  
            simply choose not to provide accreditation of community  
            colleges in California. 

            This bill would implement a prohibition exclusively applicable  
            to the accrediting agency for California Community Colleges  
            and exclusively applicable to its California community college  
            membership. Federal regulations (34 CFR Section 602.14)  
            require accrediting agencies to be separate and independent of  
            other organizations, including groups within its membership.   
            Can the accreditor be independent if it relies on a favorable  
            vote of those it accredits to fund activities related to its  
            duties? 

            Federal regulations (34 CFR Section 602.18) also require  
            accreditors to be consistent in applying standards to all of  
            its member institutions and to make decisions regarding  
            accreditation on the basis of the agency's published  
            standards. Would this bill's provisions be perceived as giving  
            California community colleges greater influence over  
            accreditation decisions than other colleges in the  
            accreditor's membership?

            The bill already appears to contemplate that it's provisions  
            may violate federal requirements and grants the Chancellor's  
            Office the authority to make this determination and set aside  
            these provisions.  Should this committee endorse a bill that  
            acknowledges it may be in violation of federal law, could  
            undermine the ability of the accrediting commission to  
            independently and effectively conduct its work, and  








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            potentially compromise California Community College (CCC)  
            student eligibility for state and federal financial aid or the  
            transferability of student credits to other accredited  
            institutions?
               
       7)Prior and related legislation. 
               
            AB 1397 (Ting, 2015) requires the accrediting agency for the  
            CCC to meet specified operational standards.  AB 1397 is  
            scheduled to be heard in this Committee on July 15th. 

            AB 404 (Chiu, 2015) requires the regional accrediting agency  
            for the California Community Colleges (CCC) to report to the  
            CCC Board of Governors (BOG) the date by which the agency's  
            application for continued recognition is due and requires the  
            CCC BOG to conduct a survey of community colleges, as  
            specified, to develop a report, transmitted to specified  
            entities, that reflects a systemwide evaluation of the  
            regional accrediting agency. Passed this committee and is  
            pending in the Senate Appropriations Committee.

            SB 1068 ( Beall, 2014) would have required the BOG CCC, by  
            January 1, 2016, to report on the feasibility of creating an  
            independent accrediting agency to accredit the CCC and other  
            2-year private postsecondary educational institutions, and to  
            make recommendations relative to CCC accreditation.  SB 1068  
            was held on the Senate Appropriations suspense file. 

            SUPPORT
          
          California Teachers Association 

            OPPOSITION
           
           Accrediting Commission for Community and Junior Colleges (ACCJC)
          Community College League of California 

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