Amended in Assembly July 14, 2015

Amended in Assembly July 1, 2015

Amended in Senate April 7, 2015

Senate Bill No. 42

Introduced by Senator Liu

December 2, 2014

An act to add begin delete Sections 66010.96, 66010.97, and 66010.98 to end delete begin insert and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of end insert the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 42, as amended, Liu. Postsecondary education: begin delete California Commission on end delete begin insert Office of end insert Higher Education Performance and Accountability.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state.

Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted, based upon metrics recommended by a working group, to monitor progress toward the achievement of the goals.

Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011-12 fiscal year to the 2015-16 fiscal year, inclusive, have provided no funding for CPEC.

This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education begin insert coordination end insert and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish a 6-member advisory board to the office for the purpose of reviewing and commenting on any recommendations made by the office to the Governor and the Legislature.

The bill would specify the functions and responsibilities of the office, which would include, among other things, begin delete the articulation and monitoring of state performance objectives end delete begin insert participation, as specified, in the identification and periodic revision of state goals and priorities end insert for higher education, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education.

The bill would begin delete require end delete begin insert authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. end insert

begin insert The bill would require the office to administer a study to evaluate the admissions policies used by the University of California and the California State University to determine the number of freshman and transfer students eligible for admission to those segments. The bill would require the office to submit a report summarizing the methodology and findings of this study to the Legislature and the Governor by December 1, 2016. The bill would also require end insert the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities.

begin insert

The bill would repeal these provisions on January 1, 2021.

end insert begin insert

(2) 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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 2.6 (commencing with Section 66010.96)
is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 2.6. end insert   Office of Higher Education Performance and
Accountability

 

begin insert 66010.96. end insert   

(a) The Office of Higher Education Performance
and Accountability is hereby established as the statewide
postsecondary education coordination and planning entity. The
office shall be established in state government within the
Governor’s office, and shall be under the direct control of an
executive director.

(b) The Governor shall appoint the Executive Director of the
Office of Higher Education Performance and Accountability, who
shall perform all duties, exercise all powers, assume and discharge
all responsibilities, and carry out and effect all purposes vested
by law in the office, including contracting for professional or
consulting services in connection with the work of the office. The
appointment of the executive director shall be subject to
confirmation by the affirmative vote of a majority of the
membership of the Senate. The executive director shall appoint
persons to any staff positions the Governor may authorize.

(c) The Governor may appoint the executive director at a salary
that shall be fixed pursuant to Section 12001 of the Government
Code.

(d) (1) An advisory board to the office is established for the
purpose of examining and making recommendations regarding
the functions and operations of the office and reviewing and
commenting on any recommendations made by the office to the
Governor and the Legislature.

(2) The advisory board shall consist of six public members with
experience in postsecondary education, appointed to terms of four
years as follows:

(A) Three members of the advisory board shall be appointed by
the Senate Committee on Rules.

(B) Three members of the advisory board shall be appointed by
the Speaker of the Assembly.

(3) The office shall actively seek input from, and consult with,
the advisory board regarding its functions, operations and
recommendations, and provide the advisory board with sufficient
time to review and comment.

(4) Advisory board meetings shall be subject to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code). Advisory board materials shall be posted
on the Internet.

(5) The advisory board shall meet at least quarterly, and shall
appoint one of its members to represent the board for purposes of
communicating with the Legislature.

(e) The office shall consult with the higher education segments
and stakeholders, as appropriate, in the conduct of its duties and
responsibilities. For purposes of this subsection, higher education
segments shall have the same meaning as in Section 66010.95,
and higher education stakeholders shall include, but not
necessarily be limited to, postsecondary faculty and students, K-12
representatives, and representatives of the business community.

begin insert 66010.962. end insert   

The Office of Higher Education Performance and
Accountability shall exist for the purpose of advising the Governor,
the Legislature, and other appropriate governmental officials and
institutions of postsecondary education. The office shall have the
following functions and responsibilities in its capacity as the
statewide postsecondary education planning and coordinating
agency and advisor to the Legislature and the Governor:

(a) It shall, through its use of information and its analytic
capacity, inform the identification and periodic revision of state
goals and priorities for higher education in a manner that is
consistent with the goals outlined in Section 66010.91 and takes
into consideration the metrics outlined in Sections 89295 and
92675. It shall, biennially, interpret and evaluate both statewide
and institutional performance in relation to these goals and
priorities.

(b) It shall advise the Legislature and the Governor regarding
the need for, and the location of, new institutions and campuses
of public higher education.

(c) It shall review proposals by the public segments for new
programs, the priorities that guide the public segments, and the
degree of coordination between those segments and nearby public,
independent, and private postsecondary educational institutions,
and shall make recommendations regarding those proposals to
the Legislature and the Governor.

(d) (1) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for
the Legislature, the Governor, and other agencies. It shall develop
and maintain a comprehensive database that does all of the
following:

(A) Ensures comparability of data from diverse sources.

(B) Supports longitudinal studies of individual students as they
progress through the state’s postsecondary educational institutions
through the use of a unique student identifier.

(C) Maintains compatibility with California School Information
Services and the student information systems developed and
maintained by the public segments of higher education, as
appropriate.

(D) Provides Internet access to data, as appropriate, to the
sectors of higher education.

(E) Provides each of the educational segments access to the
data made available to the commission for purposes of the
database, in order to support, most efficiently and effectively,
statewide, segmental, and individual campus educational research
information needs.

(2) The office, in implementing paragraph (1), shall comply
with the federal Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of
personally identifiable information concerning students.

(3) The office may not make available any personally identifiable
information received from a postsecondary educational institution
concerning students for any regulatory purpose unless the
institution has authorized the office to provide that information
on behalf of the institution.

(4) The office shall, following consultation with, and receipt of
a recommendation from, the advisory board, provide 30-day
notification to the chairpersons of the appropriate policy and
budget committees of the Legislature, to the Director of Finance,
and to the Governor before making any significant changes to the
student information contained in the database.

(e) It shall review all proposals for changes in eligibility pools
for admission to public institutions and segments of postsecondary
education, and shall make recommendations regarding those
proposals to the Legislature, the Governor, and institutions of
postsecondary education. In carrying out this subdivision, the
office periodically shall conduct a study of the percentages of
California public high school graduates estimated to be eligible
for admission to the University of California and the California
State University.

(f) It shall submit reports to the Legislature in compliance with
Section 9795 of the Government Code.

(g) It shall manage data systems and maintain programmatic,
policy, and fiscal expertise to receive and aggregate information
reported by the institutions of higher education in this state.

begin insert 66010.964. end insert   

Notwithstanding any other law, the office is
authorized to require the governing boards and the institutions of
public postsecondary education to submit data to the office on
plans and programs, costs, selection and retention of students,
enrollments, plant capacities, and other matters pertinent to
effective planning, policy development, and articulation and
coordination. The office shall furnish information concerning these
matters to the Governor and to the Legislature as requested by
them.

begin insert 66010.966. end insert   

(a) (1) The office shall administer a study to
evaluate the admissions policies used by the University of
California and the California State University to determine the
number of freshman and transfer students eligible for admission
to each of these segments.

(2) The director of the office, or his or her designee, shall
convene a work group that includes, but is not necessarily limited
to, representatives from the University of California, the California
State University, the State Department of Education, the
Department of Finance, and the Legislative Analyst’s Office, to
consider the overall approach to the study.

(b) The study shall report the number of students eligible for
admission to each segment by race, gender, ethnicity, and region,
and shall include an analysis of the factors affecting eligibility for
admission to the University of California and the California State
University, by racial or ethnic group and by income level.

(c) The office shall submit a report summarizing the
methodology and findings of the study to the Legislature and the
Governor by December 1, 2016. The report shall identify whether
the University of California and the California State University
are admitting students as described in the Master Plan for Higher
Education. The report shall also include a discussion of any
adjustments the University of California and the California State
University have made, or plan to make, to admissions policies in
response to the findings of the study.

(d) The report to be submitted pursuant to subdivision (c) shall
be submitted in compliance with Section 9795 of the Government
Code.

(e) The office may execute contracts to perform the study
specified in this section. Any contracts executed for the study
specified in this section are not subject to the provisions of Article
1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code, or Article 6 (commencing
with Section 999) of Chapter 6 of Division 4 of the Military and
Veterans Code.

(f) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin insert 66010.968. end insert   

(a) On or before December 31 of each year, the
office shall report to the Legislature and the Governor regarding
its progress in achieving the objectives and responsibilities set
forth in subdivision (a) of Section 66010.962.

(b) On or before January 1, 2020, the Legislative Analyst’s
Office shall review and report to the Legislature regarding the
performance of the office in fulfilling its functions and
responsibilities as outlined in Section 66010.962.

(c) This article shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 66010.96 is added to the Education Code,
to read:

66010.96.  

(a) The Office of Higher Education Performance
and Accountability is hereby established as the statewide
postsecondary education coordination and planning entity. The
office shall be established in state government within the
Governor’s office, and shall be under the direct control of an
executive director.

(b) The Governor shall appoint the Executive Director of the
Office of Higher Education Performance and Accountability, who
shall perform all duties, exercise all powers, assume and discharge
all responsibilities, and carry out and effect all purposes vested by
law in the office, including contracting for professional or
consultant services in connection with the work of the office. The
appointment of the executive director shall be subject to
confirmation by the affirmative vote of a majority of the
membership of the Senate. The executive director shall appoint
persons to any staff positions the Governor may authorize.

(c) The Governor may appoint the executive director at a salary
that shall be fixed pursuant to Section 12001 of the Government
Code.

(d) An advisory board to the office is established for the purpose
of reviewing and commenting on any recommendations made by
the Office to the Governor and the Legislature. The advisory board
shall consist of six public members with experience in
postsecondary education, appointed as follows:

(1) Three members of the advisory board shall be appointed by
the Senate Committee on Rules.

(2) Three members of the advisory board shall be appointed by
the Speaker of the Assembly.

(e) The office may consult with the higher education segments,
as appropriate, in the conduct of its duties and responsibilities.

SEC. 2.  

Section 66010.97 is added to the Education Code, to
read:

66010.97.  

The Office of Higher Education Performance and
Accountability shall exist for the purpose of advising the Governor,
the Legislature, and other appropriate governmental officials and
institutions of postsecondary education. The office shall have the
following functions and responsibilities in its capacity as the
statewide postsecondary education planning and coordinating
agency and advisor to the Legislature and the Governor:

(a) It shall articulate and monitor state performance objectives
for higher education.

(b) It shall advise the Legislature and the Governor regarding
the need for, and the location of, new institutions and campuses
of public higher education.

(c) It shall review proposals by the public segments for new
programs, the priorities that guide the public segments, and the
degree of coordination by those segments with nearby public,
independent, and private postsecondary educational institutions,
and shall make recommendations regarding those proposals to the
Legislature and the Governor.

(d) (1) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for
the Legislature, the Governor, and other agencies. It shall develop
and maintain a comprehensive database that does all of the
following:

(A) Ensures comparability of data from diverse sources.

(B) Supports longitudinal studies of individual students as they
progress through the state's postsecondary educational institutions
through the use of a unique student identifier.

(C) Maintains compatability with California School Information
Services and the student information systems developed and
maintained by the public segments of higher education, as
appropriate.

(D) Provides Internet access to data, as appropriate, to the sectors
of higher education.

(E) Provides each of the educational segments access to the data
made available to the commission for purposes of the database, in
order to support, most efficiently and effectively, statewide,
segmental, and individual campus educational research information
needs.

(2) The office, in implementing paragraph (1), shall comply
with the federal Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of
personally identifiable information concerning students.

(3) The office may not make available any personally
identifiable information received from a postsecondary educational
institution concerning students for any regulatory purpose unless
the institution has authorized the office to provide that information
on behalf of the institution.

(4) The office shall provide 30-day notification to the
chairpersons of the appropriate policy and budget committees of
the Legislature, to the Director of Finance, and to the Governor
before making any significant changes to the student information
contained in the database.

(e) It shall review all proposals for changes in eligibility pools
for admission to public institutions and segments of postsecondary
education, and shall make recommendations to the Legislature,
the Governor, and institutions of postsecondary education. In
carrying out this subdivision, the office periodically shall conduct
a study of the percentages of California public high school
graduates estimated to be eligible for admission to the University
of California and the California State University.

(f) It shall, through its use of information and its analytic
capacity, inform the identification and periodic revision of state
goals and priorities for higher education in a manner that is
consistent with the goals outlined in Section 66010.91 and the
metrics outlined in Sections 89295 and 92675. It shall, biennially,
interpret and evaluate both statewide and institutional performance
in relation to these goals and priorities.

(g) It shall submit reports to the Legislature in compliance with
Section 9795 of the Government Code.

(h) It shall manage data systems and maintain programmatic,
policy, and fiscal expertise to receive and aggregate information
reported by the institutions of higher education in this state.

SEC. 3.  

Section 66010.98 is added to the Education Code, to
read:

66010.98.  

On or before December 31 of each year, the office
shall report to the Legislature and the Governor regarding its
progress in achieving the objectives and responsibilities set forth
in subdivision (a) of Section 66010.97.

end delete