California Legislature—2015–16 Regular Session

Assembly Bill No. 2908

Introduced by Committee on Higher Education (Assembly Members Medina (Chair), Baker (Vice Chair), Bloom, Chávez, Irwin, Levine, Linder, Low, Olsen, Santiago, and Weber)

March 8, 2016

An act to amend Sections 66028.6, 67380, 69432.9, 69439, and 99161.5 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2908, as introduced, Committee on Higher Education. Postsecondary education: omnibus.

(1) Existing law requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing boards of postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities and transmit a report containing a compilation of that information to the Legislative Analyst’s Office.

This bill would repeal the requirement that the information be reported to the Legislative Analyst’s Office.

(2) The Cal Grant Program establishes the Cal Grant A and Cal Grant B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. As part of these eligibility requirements, existing law requires the commission to require that a grade point average be submitted to it electronically for all grade 12 pupils at public schools, including charter schools, each academic year, except for those pupils who, after being notified by October 15 of their grade 12 academic year, have opted out of being deemed a Cal Grant applicant.

This bill would specify that the grade point averages for grade 12 pupils are to be submitted by October 1 of each academic year, and would require that pupils be notified by January 1 of their grade 11 academic year that they can opt out. To the extent that these provisions would impose new duties on local educational agencies and community college districts, they would constitute a state-mandated local program.

(3) Existing law requires the Legislative Analyst’s Office to submit a report, containing specified information, to the Legislature on or before April 1, 2015, and a report with more limited information each odd year thereafter, regarding outcomes of the Cal Grant C program.

This bill would require that the report to be submitted on or before April 1, 2017, include all of the information required in the April 1, 2015, report. The bill would require the Student Aid Commission, instead of the Legislative Analysts Office, to submit a report with the more limited information on or before April 1, 2019, and on or before April 1 of each odd numbered year thereafter.

The bill would also make conforming changes and connect a cross-reference.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 66028.6 of the Education Code is
amended to read:

66028.6.  

(a) Notwithstanding Section 10231.5 of the
Government Code, commencing with the 2012-13 academic year,
the regents and the trustees shall annually provide the Legislature,
by February 1 of each year, with detailed information regarding
expenditures of revenues derived from student fees and uses of
institutional financial aid, and shall provide information regarding
the systemwide average total cost of attendance per student. For
purposes of meeting the requirements of this section, the regents
and the trustees may include this information in their respective
annual begin delete report end delete begin insert reports end insert on institutional financial aid pursuant to
Section 66021.1.

(b) Notwithstanding Section 10231.5 of the Government Code,
begin delete commencing with the 2012-13 academic year, the Legislative
Analyst’s Office shall annually review, end delete begin insert the regents and trustees
shall each submit a report to the Legislature, end insert by March 1 of each
year, begin delete institutional end delete begin insert describing their respective institution’s end insert
compliance with the policies set forth in this begin delete article, and report, in
writing, to the Legislature its findings, conclusions, or
recommendations regarding the implementation of these policies.
This report shall include an assessment of the information provided
by the regents and the trustees pursuant to subdivision (a). end delete begin insert article. end insert

(c) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.

SEC. 2.  

Section 67380 of the Education Code is amended to
read:

67380.  

(a) Except as provided in subparagraph (C) of
paragraph (6), the governing board of each community college
district, the Trustees of the California State University, the Board
of Directors of the Hastings College of the Law, the Regents of
the University of California, and the governing board of any
postsecondary educational institution receiving public funds for
student financial assistance shall do all of the following:

(1) Require the appropriate officials at each campus within their
respective jurisdictions to compile records of both of the following:

(A) All occurrences reported to campus police, campus security
personnel, or campus safety authorities of, and arrests for, crimes
that are committed on campus and that involve violence, hate
violence, theft, destruction of property, illegal drugs, or alcohol
intoxication.

(B) All occurrences of noncriminal acts of hate violence reported
to, and for which a written report is prepared by, designated campus
authorities.

(2) Require any written record of a noncriminal act of hate
violence to include, but not be limited to, the following:

(A) A description of the act of hate violence.

(B) Victim characteristics.

(C) Offender characteristics, if known.

(3) (A) Make the information concerning the crimes compiled
pursuant to subparagraph (A) of paragraph (1) available within
two business days following the request of any student or employee
of, or applicant for admission to, any campus within their respective
jurisdictions, or to the media, unless the information is the type of
information exempt from disclosure pursuant to subdivision (f) of
Section 6254 of the Government Code, in which case the
information is not required to be disclosed. Notwithstanding
subdivision (f) of Section 6254 of the Government Code, the name
or any other personally identifying information of a victim of any
crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d,
273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal
Code shall not be disclosed without the permission of the victim,
or the victim’s parent or guardian if the victim is a minor.

(B) For purposes of this paragraph and subparagraph (A) of
paragraph (1), the campus police, campus security personnel, and
campus safety authorities described in subparagraph (A) of
paragraph (1) shall be included within the meaning of “state or
local police agency” and “state and local law enforcement agency,”
as those terms are used in subdivision (f) of Section 6254 of the
Government Code.

(4) Require the appropriate officials at each campus within their
respective jurisdictions to prepare, prominently post, and copy for
distribution on request, a campus safety plan that sets forth all of
the following: the availability and location of security personnel,
methods for summoning assistance of security personnel, any
special safeguards that have been established for particular facilities
or activities, any actions taken in the preceding 18 months to
increase safety, and any changes in safety precautions expected to
be made during the next 24 months. For purposes of this section,
posting and distribution may be accomplished by including relevant
safety information in a student handbook or brochure that is made
generally available to students.

(5) Require the appropriate officials at each campus within their
respective jurisdictions to report information compiled pursuant
to paragraph (1) relating to hate violence to the governing board,
trustees, board of directors, or regents, as the case may be. The
governing board, trustees, board of directors, or regents, as the
case may be, shall, upon collection of that information from all of
the campuses within their jurisdiction, begin delete transmit a report containing
a compilation of that information to the Legislative Analyst’s
Office no later than January 1 of each year and shall end delete make begin delete the end delete begin insert a end insert
report begin insert containing a compilation of that information end insert available to
the general public on the Internet Web site of each respective
institution. It is the intent of the Legislature that the governing
board of each community college district, the Trustees of the
California State University, the Board of Directors of the Hastings
College of the Law, the Regents of the University of California,
and the governing board of any postsecondary educational
institution receiving public funds for student financial assistance
establish guidelines for identifying and reporting occurrences of
hate violence. It is the intent of the Legislature that the guidelines
established by these institutions of higher education be as consistent
with each other as possible. These guidelines shall be developed
in consultation with the Department of Fair Employment and
Housing and the California Association of Human Relations
Organizations.

(6) (A) Notwithstanding subdivision (f) of Section 6254 of the
Government Code, require any report made by a victim or an
employee pursuant to Section 67383 of a Part 1 violent crime,
sexual assault, or hate crime, as described in Section 422.55 of the
Penal Code, received by a campus security authority and made by
the victim for purposes of notifying the institution or law
enforcement, to be immediately, or as soon as practicably possible,
disclosed to the local law enforcement agency with which the
institution has a written agreement pursuant to Section 67381
without identifying the victim, unless the victim consents to being
identified after the victim has been informed of his or her right to
have his or her personally identifying information withheld. If the
victim does not consent to being identified, the alleged assailant
shall not be identified in the information disclosed to the local law
enforcement agency, unless the institution determines both of the
following, in which case the institution shall disclose the identity
of the alleged assailant to the local law enforcement agency and
shall immediately inform the victim of that disclosure:

(i) The alleged assailant represents a serious or ongoing threat
to the safety of students, employees, or the institution.

(ii) The immediate assistance of the local law enforcement
agency is necessary to contact or detain the assailant.

(B) The requirements of this paragraph shall not constitute a
waiver of, or exception to, any law providing for the confidentiality
of information.

(C) This paragraph applies only as a condition for participation
in the Cal Grant Program established pursuant to Chapter 1.7
(commencing with Section 69430) of Part 42.

(b) Any person who is refused information required to be made
available pursuant to subparagraph (A) of paragraph (1) of
subdivision (a) may maintain a civil action for damages against
any institution that refuses to provide the information, and the
court shall award that person an amount not to exceed one thousand
dollars ($1,000) if the court finds that the institution refused to
provide the information.

(c) For purposes of this section:

(1) “Hate violence” means any act of physical intimidation or
physical harassment, physical force or physical violence, or the
threat of physical force or physical violence, that is directed against
any person or group of persons, or the property of any person or
group of persons because of the ethnicity, race, national origin,
religion, sex, sexual orientation, gender identity, gender expression,
disability, or political or religious beliefs of that person or group.

(2) “Part 1 violent crime” means willful homicide, forcible rape,
robbery, or aggravated assault, as defined in the Uniform Crime
Reporting Handbook of the Federal Bureau of Investigation.

(3) “Sexual assault” includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or the threat of any of these.

(d) This section does not apply to the governing board of a
private postsecondary educational institution receiving funds for
student financial assistance with a full-time enrollment of less than
1,000 students.

(e) This section shall apply to a campus of one of the public
postsecondary educational systems identified in subdivision (a)
only if that campus has a full-time equivalent enrollment of more
than 1,000 students.

(f) Notwithstanding any other provision of this section, this
section shall not apply to the California Community Colleges
unless and until the Legislature makes funds available to the
California Community Colleges for the purposes of this section.

SEC. 3.  

Section 69432.9 of the Education Code is amended to
read:

69432.9.  

(a) A Cal Grant applicant shall submit a complete
official financial aid application pursuant to Section 69433 and
applicable regulations adopted by the commission. Each pupil
enrolled in grade 12 in a California public school, including a
charter school, other than pupils who opt out as provided in
subdivision (d), shall be deemed to be a Cal Grant applicant.

(b) Financial need shall be determined to establish an applicant’s
initial eligibility for a Cal Grant award and a renewing recipient’s
continued eligibility using the federal financial need methodology
pursuant to subdivision (a) of Section 69506 and applicable
regulations adopted by the commission, and as established by Title
IV of the federal Higher Education Act of 1965, as amended (20
U.S.C. Secs. 1070 et seq.).

(1) “Expected family contribution,” with respect to an applicant
or renewing recipient, shall be determined using the federal
methodology pursuant to subdivision (a) of Section 69506 (as
established by Title IV of the federal Higher Education Act of
1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable
rules and regulations adopted by the commission.

(2) “Financial need” means the difference between the student’s
cost of attendance as determined by the commission and the
expected family contribution. The calculation of financial need
shall be consistent with Title IV of the federal Higher Education
Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.).

(3) (A) The minimum financial need required for receipt of an
initial and renewal Cal Grant A or C award shall be no less than
the maximum annual award value for the applicable institution,
plus an additional one thousand five hundred dollars ($1,500) of
financial need.

(B) The minimum financial need required for receipt of an initial
and renewal Cal Grant B award shall be no less than seven hundred
dollars ($700).

(c) (1) The commission shall require that a grade point average
be submitted to it for all Cal Grant A and B applicants, except for
those permitted to provide test scores in lieu of a grade point
average.

(2) The commission shall require that a grade point average be
submitted to it electronically on a standardized form for all grade
12 pupils at public schools, including charter schools, begin insert no later than
October 1 of end insert each academic year, except for pupils who have opted
out as provided in subdivision (d). Social security numbers shall
not be included in the information submitted to the commission.
However, if the commission determines that a social security
number is required to complete the application for financial aid,
the school, school district, or charter school may obtain permission
from the parent or guardian of the pupil, or the pupil, if he or she
is 18 years of age, to submit the pupil’s social security number to
the commission.

(3) The commission shall require that each report of a grade
point average include a certification, executed under penalty of
perjury, by a school official, that the grade point average reported
is accurately reported. The certification shall include a statement
that it is subject to review by the commission or its designee.

(4) The commission shall adopt regulations that establish a grace
period for receipt of the grade point average and any appropriate
corrections, and that set forth the circumstances under which a
student may submit a specified test score designated by the
commission, by regulation, in lieu of submitting a qualifying grade
point average.

(5) It is the intent of the Legislature that high schools and
institutions of higher education certify the grade point averages of
their students in time to meet the application deadlines imposed
by this chapter.

(6) It is the intent of the Legislature that the commission make
available to each high school and school district a report identifying
all grade 12 pupils within the high school or school district,
respectively, who have and have not completed the Free
Application for Federal Student Aid or the California Dream Act
Application.

(d) (1) The school district or charter school shall, no later than
begin delete October 15 end delete begin insert January 1 end insert of a pupil’s grade begin delete 12 end delete begin insert 11 end insert academic year,
notify, in writing, each grade begin delete 12 end delete begin insert 11 end insert pupil and, for a pupil under
18 years of age, his or her parent or guardian that, pursuant to
subdivision (a), the pupil will be deemed a Cal Grant applicant
unless the pupil opts out within a period of time specified in the
notice, which shall not be less than 30 days. The required notice
shall indicate when the school will first send grade point averages
to the begin delete commission. end delete begin insert commission and the submission deadline of
October 1. end insert The school district or charter school shall provide an
opportunity for the pupil to opt out of being automatically deemed
a Cal Grant applicant.

(2) Until a pupil turns 18 years of age, only a parent or guardian
may opt the pupil out. Once a pupil turns 18 years of age, only the
pupil may opt himself or herself out and, if prior to the conclusion
of the notice period, the pupil may opt in over the prior decision
of a parent or guardian to opt out.

SEC. 4.  

Section 69439 of the Education Code is amended to
read:

69439.  

(a) For the purposes of this section, the following terms
have the following meanings:

(1) “Career pathway” has the same meaning as set forth in
Section 88620.

(2) “Economic security” has the same meaning as set forth in
Section 14005 of the Unemployment Insurance Code.

(3) “Industry cluster” has the same meaning as set forth in
Section 88620.

(4) “Long-term unemployed” means, with respect to an award
applicant, a person who has been unemployed for more than 26
weeks at the time of submission to the commission of his or her
application.

(5) “Occupational or technical training” means that phase of
education coming after the completion of a secondary school
program and leading toward recognized occupational goals
approved by the commission.

(b) A Cal Grant C award shall be utilized only for occupational
or technical training in a course of not less than four months. There
shall be the same number of Cal Grant C awards each year as were
made in the 2000-01 fiscal year. The maximum award amount
and the total amount of funding shall be determined each year in
the annual Budget Act.

(c) The commission may use criteria it deems appropriate in
selecting students to receive grants for occupational or technical
training and shall give special consideration to the social and
economic situations of the students applying for these grants, giving
additional weight to disadvantaged applicants, applicants who face
economic hardship, and applicants who face particular barriers to
employment. Criteria to be considered for these purposes shall
include, but are not limited to, all of the following:

(1) Family income and household size.

(2) Student’s or the students’ parent’s household status,
including whether the student is a single parent or child of a single
parent.

(3) The employment status of the applicant and whether the
applicant is unemployed, giving greater weight to the long-term
unemployed.

(d) The Cal Grant C award recipients shall be eligible for
renewal of their grants until they have completed their occupational
or technical training in conformance with terms prescribed by the
commission. A determination by the commission for a subsequent
award year that the program under which a Cal Grant C award was
initially awarded is no longer deemed to receive priority shall not
affect an award recipient’s renewal. In no case shall the grants
exceed two calendar years.

(e) Cal Grant C awards may be used for institutional fees,
charges, and other costs, including tuition, plus training-related
costs, such as special clothing, local transportation, required tools,
equipment, supplies, books, and living expenses. In determining
the individual award amounts, the commission shall take into
account the financial means available to the student to fund his or
her course of study and costs of attendance as well as other state
and federal programs available to the applicant.

(f) (1) To ensure alignment with the state’s dynamic economic
needs, the commission, in consultation with appropriate state and
federal agencies, including the Economic and Workforce
Development Division of the Office of the Chancellor of the
California Community Colleges and the California Workforce
Investment Board, shall identify areas of occupational and technical
training for which students may utilize Cal Grant C awards. The
commission, to the extent feasible, shall also consult with
representatives of the state’s leading competitive and emerging
industry clusters, workforce professionals, and career technical
educators, to determine which occupational training programs and
industry clusters should be prioritized.

(2) (A) Except as provided in subparagraph (B), the areas of
occupational and technical training developed pursuant to
paragraph (1) shall be regularly reviewed and updated at least
every five years, beginning in 2012.

(B) By January 1, 2016, the commission shall update the priority
areas of occupational and technical training.

(3) (A) The commission shall give priority in granting Cal
Grant C awards to students pursuing occupational or technical
training in areas that meet two of the following criteria pertaining
to job quality:

(i) High employer need or demand for the specific skills offered
in the program.

(ii) High employment growth in the occupational field or
industry cluster for which the student is being trained.

(iii) High employment salary and wage projections for workers
employed in the occupations for which they are being trained.

(iv) The occupation or training program is part of a
well-articulated career pathway to a job providing economic
security.

(B) To receive priority pursuant to subparagraph (A), at least
one of the criteria met shall be specified in clause (iii) or (iv) of
that subparagraph.

(g) The commission shall determine areas of occupational or
technical training that meet the criteria described in paragraph (3)
of subdivision (f) in consultation with the Employment
Development Department, the Economic and Workforce
Development Division of the Office of the Chancellor of the
California Community Colleges, and the California Workforce
Investment Board using projections available through the Labor
Market Information Data Library. The commission may supplement
the analyses of the Employment Development Department’s Labor
Market Information Data Library with the labor market analyses
developed by the Economic and Workforce Development Division
of the Office of the Chancellor of the California Community
Colleges and the California Workforce Investment Board, as well
as the projections of occupational shortages and skills gap
developed by industry leaders. The commission shall publish, and
retain, on its Internet Web site a current list of the areas of
occupational or technical training that meet the criteria described
in paragraph (3) of subdivision (f), and update this list as necessary.

(h) Using the best available data, the commission shall examine
the graduation rates and job placement data, or salary data, of
eligible programs. Commencing with the 2014-15 academic year,
the commission shall give priority to Cal Grant C award applicants
seeking to enroll in programs that rate high in graduation rates and
job placement data, or salary data.

(i) (1) The commission shall consult with the Employment
Development Department, the Office of the Chancellor of the
California Community Colleges, the California Workforce
Investment Board, and the local workforce investment boards to
develop a plan to publicize the existence of the grant award
program to California’s long-term unemployed to be used by those
consulting agencies when they come in contact with members of
the population who are likely to be experiencing long-term
unemployment. The outreach plan shall use existing administrative
and service delivery processes making use of existing points of
contact with the long-term unemployed. The local workforce
investment boards are required to participate only to the extent
that the outreach efforts are a part of their existing responsibilities
under the federal Workforce Investment Act of 1998 (Public Law
105-220).

(2) The commission shall consult with the Workforce Services
Branch of the Employment Development Department, the Office
of the Chancellor of the California Community Colleges, the
California Workforce Investment Board, and the local workforce
investment boards to develop a plan to make students receiving
awards aware of job search and placement services available
through the Employment Development Department and the local
workforce investment boards. Outreach shall use existing
administrative and service delivery processes making use of
existing points of contact with the students. The local workforce
investment boards are required to participate only to the extent
that the outreach efforts are a part of their existing responsibilities
under the federal Workforce Investment Act of 1998 (Public Law
105-220).

(j) (1)  begin delete Notwithstanding Section 10231.5 of the Government
Code, the end delete begin insert The end insert Legislative Analyst’s Office shall submit a report
to the Legislature on the outcomes of the Cal Grant C program on
or before April 1, begin delete 2015, and on or before April 1 of each
odd-numbered year thereafter. end delete begin insert 2017. end insert This report shall include, but
not necessarily be limited to, information on all of the following:

(A) The age, gender, and segment of attendance for recipients
in two prior award years.

(B) The occupational and technical training program categories
prioritized.

(C) The number and percentage of students who received
selection priority as defined in paragraph (3) of subdivision (f).

(D) The extent to which recipients in these award years were
successfully placed in jobs that meet local, regional, or state
workforce needs.

(2) For the report begin delete due on or before April 1, 2015, end delete begin insert submitted
pursuant to paragraph (1), end insert the Legislative Analyst’s Office shall
include data for two additional prior award years and shall compare
the mix of occupational and technical training programs and
institutions in which Cal Grant C award recipients enrolled before
and after implementation of subdivision (f).

begin insert

(3) Notwithstanding Section 10231.5 of the Government Code,
the commission shall submit a report to the Legislature on or
before April 1, 2019, and on or before April 1st of each
odd-numbered year thereafter, that includes the information
specified in paragraph (1).

end insert begin delete

(3)

end delete

begin insert (4) end insert  A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

SEC. 5.  

Section 99161.5 of the Education Code is amended to
read:

99161.5.  

(a) (1) The test sponsor of the Law School Admission
Test shall provide testing accommodations to a test subject with
a disability who makes a timely request to ensure that the Law
School Admission Test accurately reflects the aptitude,
achievement levels, or other factors that the test purports to
measure and does not reflect the test subject’s disability. This
paragraph does not constitute a change in, but is declaratory of,
existing law.

(2) The process for determining whether to grant an
accommodation under paragraph (1) shall be made public, and the
decision whether or not to approve a request for an accommodation
shall be conveyed to the requester within a reasonable amount of
time. If the test sponsor of the Law School Admission Test does
not approve a request for accommodation, the test sponsor shall
state the reasons for the denial of the request to the requester in
writing.

(3) The test sponsor of the Law School Admission Test shall
establish a timely appeals process for a test subject who is denied
an accommodation request. The test sponsor of the Law School
Admission Test shall clearly post on the Law School Admission
Test Internet Web site information regarding refund policies for
individuals whose requests for accommodation are denied.

(b) Whenever a test subject has received formal testing
accommodations from a postsecondary educational institution for
a disability as defined in subdivision (j), begin delete (l), or (m) end delete begin insert (m), or (n) end insert of
Section 12926 of the Government Code, the test sponsor of the
Law School Admission Test shall, consistent with existing law,
give considerable weight to documentation of past modifications,
accommodations, or auxiliary aids or services received by the test
subject in similar testing situations when determining whether to
grant an accommodation to the test subject.

(c) (1) The test sponsor of the Law School Admission Test
shall not notify a test score recipient that the score of any test
subject was obtained by a subject who received an accommodation
pursuant to this section.

(2) The test sponsor of the Law School Admission Test shall
not withhold any information that would lead a test score recipient
to deduce that a score was earned by a subject who received an
accommodation pursuant to this section.

(3) This subdivision does not constitute a change in, but is
declaratory of, existing law.

(d) This section shall not be construed to limit or replace any
other right or remedy that exists under state or federal law.

(e) This section shall not provide greater protections to persons
with disabilities than those provided by Section 51 of the Civil
Code.

SEC. 6.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.