BILL ANALYSIS Ó AB 1837 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1837 (Low) - As Amended March 17, 2016 ----------------------------------------------------------------- |Policy |Higher Education |Vote:|11 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill, until January 1, 2021, establishes the Office of Higher Education Performance and Accountability (OHEPA), within the Governor's office, as the statewide postsecondary education planning and coordinating agency, and advisor to the Legislature and the Governor. Specifically, this bill: AB 1837 Page 2 1)Requires the Governor to appoint an Executive Director of OHEPA, who shall be subject to confirmation by the Senate. 2)Establishes a six-member advisory board-with three members each appointed by the Assembly Speaker and Senate Rules, respectively-and requires OHEPA to consult with the board, as well as with the higher education segments and stakeholders. 3)Delineates OHEPA's functions and responsibilities, including: a) Reviewing and advising regarding state goals and priorities for higher education. b) Providing advice regarding the need for new institutions and campuses. c) Reviewing, as specified, proposals from public institutions for new programs. d) Acting as a clearinghouse for postsecondary education information and developing and maintaining a database, as specified. e) Reviewing public segments' proposals to change eligibility pools, and periodically studying the percentages of California public high school graduates eligible for admission to the University of California (UC) and the California State University (CSU). f) Reporting annually to the Legislature and the Governor on its progress in meeting its responsibilities. AB 1837 Page 3 4)Authorizes the office to require that the public segments of higher education to submit data to the office as needed by the office to perform its responsibilities. 5)Requires the Legislative Analyst's Office (LAO), by January 1, 2020, to report to the Legislature regarding OHEPA's performance. FISCAL EFFECT: 1)In its last full year of operation, California Postsecondary Education Commission's (CPEC's) General Fund operating budget was $1.9 million for the equivalent of 18 positions. The new office established in this bill would likely have a somewhat smaller budget. In addition, the office would incur one-time information technology costs and other start-up costs in the low hundreds of thousands of dollar. 2)The three public higher education segments will incur the following costs to work with the new office and to respond to data requests: a) UC. Ongoing costs of $50,000 for one-half position. b) CSU. Ongoing costs of $110,000 for one position. c) CCC. Estimates ongoing costs of up to $440,000 for four positions, based on prior workload demands involving CPEC. AB 1837 Page 4 COMMENTS: 1)Background. AB 770 (Vasconcellos) of 1973 created the CPEC and made it responsible for the planning and coordination of postsecondary education. CPEC was charged with providing analysis, advice, and recommendations to the Legislature and the Governor on statewide policy and funding priorities. As part of his 2011-12 budget, Governor Brown proposed eliminating CPEC. Both houses rejected this proposal, but the Governor exercised his line item veto to remove all General Fund support for CPEC, describing the commission as "ineffective." In his veto message, however, the Governor acknowledged the need for coordinating and guiding state higher education policy and requested that stakeholders explore alternative ways these functions could be fulfilled. On November 18, 2011, CPEC closed its office and ceased operations. Its federal Teacher Quality Improvement grant program was transferred to the California Department of Education (CDE) and its extensive data resources were transferred to the California Community Colleges (CCC) Chancellor's Office. In a January 2013 report, "Improving Higher Education Oversight," the LAO contended that the state needed higher education oversight that enables policymakers and others to monitor how efficiently and effectively the postsecondary system is serving the state's needs, and to make changes to improve its performance. 2)Subsequent Legislation. A 2013-14 Budget Act trailer bill (AB AB 1837 Page 5 94, Chapter 50) required CSU and UC to report annually on specified performance measures, in order to inform budget and policy decisions and promote effective and efficient use of resources. SB 195 (Liu), Chapter 367, Statutes of 2013, established general statewide goals for higher education, and legislative intent to identify specific metrics for measuring progress toward statewide goals. The 2014-15 Budget Act (SB 852, Chapter 25) required UC and CSU to approve three-year "sustainability plans" that use funding projections to establish projections of enrollment and the university's goals for the performance measures that are required to be adopted pursuant to AB 94; this requirement was continued in the 2015-16 Budget Act. CCCs were required, pursuant to the 2014-15 Budget higher education trailer bill (SB 860, Chapter 34), to adopt goals and targets for student performance by June 30, 2015, and to establish and report on Student Equity Plans designed to ensure equal educational opportunities and to promote student success for all students. 3)Purpose. According to the author, "this bill represents the next necessary step in establishing greater clarity and accountability for our higher education systems' performance in meeting the statewide goals outlined in the Master Plan of equity, access, and success; alignment with workforce needs; and the effective and efficient use of resources." 4)Related Legislation. AB 2434 (Bonta), pending on this committee's Suspense file, establishes a Blue Ribbon Commission on Public Postsecondary Education to provide research and recommendations regarding California higher education. 5)Prior Legislation. SB 42 (Liu, 2015), which was substantially similar to this measure, was vetoed. The Governor stated, in part "While there is much work to be done to improve higher education, I am not convinced we need a new office and an AB 1837 Page 6 advisory board, especially of the kind this bill proposes, to get the job done." SB 1196 (Liu, 2014), which would have established a process for setting specific educational attainment goals for the State, was held on this committee's Suspense file. AB 1348 (John A. Pérez, 2014), which would have established the California Higher Education Authority, its governing board and its responsibilities, as specified, phased-in over a three-year period, was held on Suspense in Senate Appropriations. AB 2190 (John A. Pérez, 2012), which would have established a new state oversight and coordinating body for higher education, was held on this committee's Suspense file. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081