BILL ANALYSIS Ó
AB 1835
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Date of Hearing: April 5, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1835
(Holden) - As Amended March 28, 2016
[Note: This bill is double referred to the Assembly Business
and Professions Committee and will be heard as it relates to
issues under its jurisdiction.]
SUBJECT: California Private Postsecondary Education Act of
2009: exemptions
SUMMARY: Provides an exemption to the requirement for minimum
operating standards and accreditation for an institution
approved by the Bureau for Private Postsecondary Education
(BPPE) to offer psychoanalysis doctoral degrees. Specifically,
this bill:
1)Provides an exemption for institutions granting doctoral
degrees in psychoanalysis from existing law that requires
minimum operating standards and accreditation of
degree-granting programs; provided:
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a) The institution enrolls only students holding a masters
degrees or higher;
b) The institution enrolls only students holding a valid
professional license to practice psychotherapy and that
license remains valid throughout their tenures at the
institution and they carry current malpractice insurance in
their field;
c) The institution does not accept federal student aid;
d) The institution is a nonprofit entity; and,
e) The institution has obtained accreditation from or has
submitted the self-study application to the Accreditation
Council for Psychoanalytic Education on or before July 1,
2018.
2)Sunsets the provisions of this bill on January 1, 2021.
EXISTING LAW:
1)Establishes the BPPE, under the California Private
Postsecondary Education Act (Act), until January 1, 2017; and,
provides for the oversight and regulation of private
postsecondary educational institutions (institutions) to
ensure protection of the public and students.
2)Requires an institution seeking BPPE approval to operate and
to offer a degree to either:
a) Be accredited by an accrediting agency recognized by the
United States Department of Education (USDE) to offer the
degree(s); or
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b) Have an accreditation plan, approved by BPPE, for the
institution to become fully accredited within five years of
the BPPE issuance of a provisional approval to operate. An
institution in this category must comply with specified
student disclosure, visiting committee review and degree
limitation requirements.
3)Requires an unaccredited institution that is approved to
operate and to offer degree programs by BPPE prior to January
1, 2015, to submit an accreditation plan to BPPE, to obtain
pre-accreditation by July 1, 2017, to obtain accreditation by
July 1, 2020, and to comply with various student disclosure
and visiting committee review requirements.
FISCAL EFFECT: Unknown.
COMMENTS: Committee amendment. The author has agreed to accept
the following amendment, consistent with the author's stated
intent, to provide that these institutions are exempt only from
the accreditation requirements of the minimum operating
standards. The scope of the analysis relates to the bill as it
will be amended, and institutions would be required to meet all
other minimum operating standards.
94885.2. (a) Notwithstanding any other law, an institution
that grants doctoral degrees in psychoanalysis shall not be
subject to Section 94885 (b) or 94885.1 if, and as long as, it
satisfies all of the following conditions:
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Background. According to BPPE, California is one of few states
to continue to allow unaccredited degree granting programs. This
issue was raised during the 2013 Sunset Review of the BPPE;
according to BPPE, "unaccredited degree-granting postsecondary
educational institutions are a global concern. Students often
choose unaccredited institutions because they are usually less
expensive and frequently provide a degree with less rigorous
work on the part of the student. While some students may be
aware of the possible issues associated with attending an
unaccredited institution and remain complacent throughout the
process, other students, often from developing countries, enter
unaccredited programs simply because they do not understand the
difference between approval and accreditation. Credits and
degrees earned at unaccredited institutions are unlikely to be
recognized by licensing entities, accredited institutions for
purposes of transfer, or many employers. So, while the initial
cost of the educational program may be less than that of an
accredited institution, the potential that the degree may not
provide the consumer the anticipated benefits is high."
According to BPPE, accreditation is the accepted standard for
educational degrees. Accrediting bodies, as pointed out in a
2013 report issued by the Legislative Analyst's Office's, are
good at assessing the quality of educational programs and
gathering knowledgeable subject matter experts to assess
content, rigor, currency, and delivery of educational programs.
They have also been good at keeping up with emerging trends in
education and incorporating them into their reviews. BPPE
specifically noted in its response to the 2013 Sunset Review
that "requiring accreditation would provide a much higher level
of consumer protection to students in the state and ensure that
California students would have the option of applying for
federal financial aid. Additionally, by requiring accreditation
for approval to operate in California, the state will save money
by not forcing the Bureau to act in the place of an accrediting
body for unaccredited institutions."
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In response to these concerns and as a means of better serving
students while aiming to decrease the Bureau's significant
workload associated with reviewing unaccredited degree granting
institutions, SB 1247 (Lieu), Chapter 840, Statutes of 2014,
amended the Act to require that degree granting programs be
accredited by an accrediting agency recognized by the United
States Department of Education (USDE). Institutions offering a
degree that seek BPPE approval are now required to either be
accredited by an accrediting agency recognized by the USDE to
offer the degree(s) or have an accreditation plan, approved by
BPPE, for the institution to become fully accredited within five
years of the BPPE issuance of a provisional approval to operate.
SB 1247 also outlined a process for institutions that are
currently approved by BPPE and offer degrees to submit an
accreditation plan to the Bureau by July 1, 2015, to obtain
pre-accreditation by July 1, 2017, to obtain accreditation by
July 1, 2020, and to comply with various student disclosure and
visiting committee review requirements.
According to BPPE, as of August 1, 2015, there are approximately
107 unaccredited institutions offering degrees that are approved
by the Bureau or have applied for approval. These 107
institutions submitted plans to the Bureau outlining how they
will achieve accreditation by July 1, 2020. BPPE is currently
in the process of training staff to organize site visits to
verify that progress is being made toward accreditation.
Purpose of this bill. According to the author, AB 1835 is
attempting to assist credible, nonprofit graduate level
psychoanalysis programs that were inadvertently caught up in the
reforms targeting for-profit, low-quality, degree-granting
institutions. AB 1835 will provide a narrow exception to the
accreditation requirements contained in SB 1247 for institutions
offering qualified students doctoral degrees in psychoanalysis,
provided that the institution seeks accreditation from the
Accreditation Council for Psychoanalytic Education before July
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1, 2018; this exemption would sunset on January 1, 2021.
Background on psychoanalytic studies. This bill is limited to
nonprofit institutions granting doctoral degrees in
psychoanalysis. According to the Accrediting Council for
Psychoanalytic Education (ACPE), "psychoanalysis is a specific
form of individual psychotherapy that aims to bring unconscious
mental elements and processes into awareness in order to expand
an individual's self-understanding, enhance adaptation in
multiple spheres of functioning, alleviate symptoms of mental
disorder, and facilitate character change and emotional growth."
According to the author, "beginning in the early 1990's the
field of psychoanalysis began to develop within the mental
health community. Several non-profit educational institutions
were established to provide medical professional post-graduate,
continuing education training in the emerging field."
Eligible students. This bill is limited to nonprofit
psychoanalysis institutions that enroll students with masters
degrees or higher, and students must hold a valid professional
license to practice psychotherapy. The term "valid professional
license" is not explicitly defined in the bill. Further,
committee staff understands that the practice of psychotherapy
is not explicitly regulated in California. According to
information provided by the author, psychoanalysis institutions
serve students licensed as Clinical Psychologists, Licensed
Clinical Social Workers, Marriage and Family Therapists,
Research Psychoanalysts, Medical Doctors, and nurses. The
author may wish to clarify that students must hold a
professional license in one of these fields of licensure.
Background on psychoanalytic accreditation. This bill would
require institutions to seek accreditation from the ACPE by July
1, 2018. SB 1247 required institutions offering degrees in
California to obtain accreditation from a USDE-recognized
accrediting agency. USDE recognition ensures that the
accrediting agency meets outlined criteria to ensure educational
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quality. According to the author, because of the relatively
small nature of psychoanalytic training programs, there is no
USDE-recognized programmatic accreditation agency. In order to
comply with the requirements of SB 1247, institutions would
likely need to seek regional accreditation by the WASC-Senior
College and University Commission. According to the author and
supporters of this measure, WASC-accreditation is an expensive
and lengthy process that is unattainable for these small, narrow
nonprofit institutions. ACPE is not a USDE-recognized
accrediting agency; Committee staff was unable to determine if
ACPE is seeking USDE-recognition. If ACPE does not gain
USDE-recognition by the sunset date contained in this bill,
additional legislative action may be necessary.
BPPE Sunset Review. BPPE is currently undergoing the Sunset
Review process. The issue of unaccredited degree granting
programs is raised in the BPPE Sunset Review report, prepared by
committee staff. The report notes that many unaccredited
degree-granting institutions have contacted the Committees,
citing opposition to the requirement to obtain accreditation.
The author and committee may wish to raise this issue through
the 2016 Sunset Review process.
REGISTERED SUPPORT / OPPOSITION:
Support
Institute of Contemporary Psychoanalysis
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Los Angeles Institute and Society for Psychoanalytic Studies
Newport Center for Psychoanalytic Studies
Psychoanalytic Center of California
Opposition
None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960
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