BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1385|
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                                   THIRD READING 


          Bill No:  AB 1385
          Author:   Ting (D), et al.
          Amended:  7/8/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  6-3, 7/15/15
           AYES:  Runner, Block, Leyva, Mendoza, Pan, Vidak
           NOES:  Liu, Hancock, Monning

           ASSEMBLY FLOOR:  62-18, 6/4/15 - See last page for vote

           SUBJECT:   Community colleges:  accreditation


          SOURCE:    Author

          DIGEST:   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.

          ANALYSIS:   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 §  
          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.








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          This bill:

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

          Comments
          
          1)Need for the bill.   According to the author, the assessments  
            imposed by the 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 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 CCC 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  







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            peer review process used to determine academic quality.  
            Accrediting agencies are private organizations that establish  
            operating standards for educational or professional  
            institutions and programs, determine the extent to which the  
            standards are met, and publicly announce their findings.  

            Under federal law, the 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 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)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 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 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; and

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







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          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 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 CCC 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 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. 

          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  







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            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 implements a prohibition exclusively applicable to  
            the accrediting agency for CCCs and exclusively applicable to  
            its California community college membership. Federal  
            regulations (34 Code of Federal Regulations (CFR) Section  
            602.14) require accrediting agencies to be separate and  
            independent of other organizations, including groups within  
            its membership.  This bill's provisions may raise concerns  
            regarding whether or not the accreditor can 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. Arguably, this bill's provisions could 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 its provisions  
            may violate federal requirements and grants the Chancellor's  
            Office the authority to make this determination and set aside  
            these provisions.  

          Related Legislation
          
          AB 1397 (Ting, 2015) requires the accrediting agency for the CCC  
          to meet specified operational standards.  AB 1397 passed out of  
          the Senate Education Committee and is currently pending in the  
          Senate Appropriations Committee. 

          AB 404 (Chiu, 2015) requires the regional accrediting agency for  
          the CCC to report to the CCC BOG the date by which the agency's  
          application for continued recognition is due and requires the  







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          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 the Senate Education Committee and is pending in  
          the Senate Appropriations Committee.

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


          SUPPORT:   (Verified  7/30/15)


          California Community College Independents
          California Labor Association 
          California School Employees
          California Teachers Association 
          Golden Gate Restaurant Association 


          OPPOSITION:   (Verified  7/30/15)


          Accrediting Commission for Community and Junior Colleges
          Association of California Community College Administrators 
          Community College League of California 
          MTI College 
          North Orange County Community College District 
          WASC Senior College and University Commission
           

          ASSEMBLY FLOOR:  62-18, 6/4/15
          AYES:  Achadjian, Alejo, Travis Allen, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu,  
            Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Grove, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Levine, Linder, Lopez, Low, Maienschein,  
            Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Weber,  
            Williams, Wood, Atkins
          NOES:  Baker, Bigelow, Brough, Chávez, Dahle, Beth Gaines,  
            Gallagher, Hadley, Harper, Kim, Lackey, Mathis, Melendez,  







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            Obernolte, Olsen, Steinorth, Waldron, Wilk

          Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
          8/13/15 13:47:25


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