BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2581


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2581 (Medina) - As Amended April 18, 2016


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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          The bill provides financial and other assistance to students of  
          Heald, Everest, and WyoTech campuses in California, which were  
          owned by Corinthian Colleges, Inc. (CCI) and closed unlawfully  
          on April 27, 2015. Specifically, this bill: 


          1)Restores up to two years of Cal Grant and National Guard  
            Education Assistance awards for students who enrolled at Heald  








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            and received awards in the 2013-14 or 2014-15 academic years,  
            were unable to complete their educational programs, and  
            withdrew between July 1, 2014, and April 27, 2015.  An  
            eligible student must notify the California Student Aid  
            Commission (CSAC) of his or her intent to use this restoration  
            by July 1, 2018. 


          2)Authorizes, until July 1, 2020, a state agency providing  
            licensure to consider for licensure any student who was  
            enrolled in an educational program of CCI designed to lead to  
            licensure from that state agency, and who did not receive that  
            licensure due to the institution's closure. 


          3)Appropriates $1.3 million from Student Tuition Recovery Fund  
            (STRF) to the Attorney General (AG) to provide grants, as  
            specified, to eligible nonprofit community service  
            organizations (CSOs) in order to assist eligible CCI students  
            by relieving or mitigating the economic and educational  
            opportunity loss incurred by those students.  The AG may use  
            up to $150,000 of this appropriation for administrative costs.


          4)Requires that any unused funds per (3) be returned to the  
            STRF, except upon approval of the AG, these funds may be used  
            by nonprofits to assist students, who were enrolled by any  
            other private postsecondary institution that was approved to  
            operate in California, and were harmed by the closure of that  
            institution.


          FISCAL EFFECT:


          1)Based on very similar legislation last year, General Fund  
            costs for Cal Grant restoration for affected students for two  
            years was estimated at $9.6 million one-time ($7.9 to restore  
            one year and $1.7 to restore the second year).








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          2)One-time $1.3 million appropriation from the STRF, including  
            up to $150,000 for the AG's administrative costs.


          





          COMMENTS:


          1)Background. CCI institutions (Heald, WyoTech, and Everest)  
            offered a range of programs, including certificate programs,  
            with tuition and fees that ranged from $13,100 to $75,384.   
            According to a 2014 complaint filed by the Consumer Financial  
            Protection Bureau (CFPB), most students attending CCI were  
            low-income, or the first in their families to seek an  
            education beyond high school.  Most students attending CCI  
            received federal financial aid; according to CCIs filing with  
            the Securities and Exchange Commission, CCI received 84.8% of  
            net revenue from federal financial aid (Title IV:  Pell Grants  
            and Federal Loans). CCI closed all campuses on April 26, 2015,  
            and filed bankruptcy on May 4, 2015.



            On March 23, 2016, the AG announced that the San Francisco  
            County Superior Court of California issued a $1.1 billion  
            default judgment against CCI, finding, among other things:   
            many of CCI's representations and advertisements related to  
            job placement were untrue and/or misleading, dating back to at  
            least 2009; CCI knowingly advertised programs, since 2010,  
            that it did not offer; CCI unlawfully used military seals;  
            enrollment agreements contained unlawful clauses; CCI engaged  
            in unlawful debt collection and failed to disclose its role in  








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            the Genesis Private Student Loan Program; and, CCI  
            misrepresented the transferability of credits.





          2)Relief for Students.
          


             a)   STRF. The STRF is funded by students enrolled in  
               institutions regulated by the Bureau for Private  
               Postsecondary Education (BPPE) and provides for  
               reimbursement to students for economic loss due to the  
               closure or illegal activity of a regulated institution.   
               According to BPPE, California students enrolled in a  
               California WyoTech and Everest campus within 120 days of  
               closure are eligible for STRF.  California CCI students  
               enrolled in Heald and Everest Online are not covered by  
               STRF as those CCI institutions were not regulated by BPPE.   




               According to BPPE data, of the estimated 1,586 WyoTech  
               students eligible for STRF, only 34 STRF applications have  
               been approved.  Of the estimated 4,336 Everest students  
               eligible for STRF, only 75 applications have been approved.  
                Fewer than 350 total students have applied.





             b)   Federal Loan Forgiveness. On March 25, 2016, USDE  
               announced it had received 11,740 closed school loan  
               forgiveness claims, and, as of March 1, 2016, granted  
               relief for 6,838 students; and has received 11,000 borrower  








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               defense claims (8,501 from CCI students) and has approved  
               2,048. Rough estimates place the number of students  
               eligible for loan forgiveness at about 350,000 students.



          3)Prior Legislation. Last year, AB 573 (Medina), which was  
            substantially similar to this bill, was vetoed. The Governor  
            stated, in part, that USDE "has taken the matter of loan  
            discharge seriously. In recent months, it has greatly eased  
            the burden of filings for many students, and its work to  
            provide a simple, swift and fair process for students  
            continues.  As such, it appears premature to create an  
            attorney grant program, especially one that provides little  
            direction on how funds should be used.  While the bill's  
            provisions to extend Cal Grant eligibility for Heald students  
            are well-intentioned, I am not comfortable creating new  
            General Fund costs outside of the budget process, particularly  
            given the Cal Grant augmentations already included in this  
            year's budget."



          4)Purpose. According to the author, "this bill will provide  
            vital funding to local organizations to help students with the  
            loan forgiveness and tuition recovery process. Since Governor  
            Brown's veto of AB 573, only a fraction of students eligible  
            for loan discharge and tuition recovery have submitted claims;  
            of those who have submitted claims, even fewer students have  
            had claims successfully approved.  This is clear evidence that  
            existing efforts by USDE and BPPE are insufficient to ensure  
            students receive the benefits to which they are entitled."  


            According to the author, "helping California students cancel  
            as much of their student debt burden as possible will be good  
            for these students, cost the state of California very little,  
            and provide benefits now and in the future to California's  
            economy."  








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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081