BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 410             
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          |Author:    |Beall                                                |
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          |Version:   |April 6, 2015                               Hearing  |
          |           |Date:   April 22, 2015                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Olgalilia Ramirez                                    |
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          NOTE:   This bill has been referred to the Committees on  
          Education and Business, ???..  Professions, and Economic  
          Development. A "do pass" motion should include ???..  referral  
          to the Business, Professions, and Economic Development  
          Committee. 

          Subject:  California Private Postsecondary Education Act of 2009

            SUMMARY
          
          This bill defines "on-time graduates" to mean students who  
          graduate within 100% of the program length in lieu of  
          classifying this group as "graduates."

            BACKGROUND  
           
          Existing law, until January 1, 2017, establishes the California  
          Private Postsecondary Education Act (Act) of 2009, which  
          provides for the approval, regulation, and enforcement of  
          private postsecondary educational institutions by the Bureau for  
          Private Postsecondary Education (Bureau) within the Department  
          of Consumer Affairs (DCA).  (Education Code § 94800-94950)

          Existing law requires a regulated institution to provide a  
          prospective student with a School Performance Fact Sheet  
          containing information on completion rates, placement rates,  
          license examination passage rates, salary or wage information,  
          the most recent three-year cohort default rate and the  
          percentage of enrolled students receiving federal student loans  
          (if the institution participates in federal financial programs)  







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          and other specified information. The act defines numerous terms  
          for purposes of reporting this requirement, including adding a  
          second definition for graduates to mean "students who complete a  
          program within 100% of the published program length." (EC §  
          94910) 

          Exiting law also defines graduate to mean an individual who has  
          been awarded a degree or diploma and unless the context requires  
          otherwise this definition governs the construction of the  
          chapter. (EC § 94810 and 94842)

            ANALYSIS
          
          This bill:

          1.   Defines "on-time graduates" to mean students who complete  
               100% of the published program length in lieu of classifying  
               this group as "graduates" for the purpose of making a  
               distinction between those who graduate on-time and all  
               other graduates as defined in section 94842 of the  
               Education Code.


          2.   Requires an institution to use "on-time graduates" in lieu  
               of "graduates," for calculating completion rates for each  
               program.

          3.   Makes another technical amendment. 

          STAFF COMMENTS
          
          1.   Need for the bill.  Prior legislation, AB 2296 (Block, CH.  
               585, 2012) required institutions regulated by the Bureau to  
               expand existing disclosures requirements, including  
               completion and job placement rates, to prospective  
               students. The measure also added a second definition of  
               "graduates" as those who graduate within 100% of the  
               originally scheduled completion date. According to the  
               author, although it is appropriate and useful to know how  
               many students graduate within that time frame, its  
               application to job placement, salary and licensing data  
               skews the results because it includes only those graduates  
               who graduated within 100% of the scheduled time period, not  
               all graduates. 








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               This bill seeks to address this issue by using the term  
               "on-time graduates" to tell how many students graduated  
               on-time during a given reporting year and "graduate" to  
               mean an individual who has been awarded a degree or diploma  
               to report job placement, salaries and license passage for  
               all graduates during the given reporting year. 

          2.   Relevant calculations.  Current law requires an institution  
               regulated by the Bureau for Private Postsecondary Education  
               (Bureau) to provide a prospective student with a School  
               Performance Fact Sheet containing information on completion  
               rates, placement rates, license examination passage rates  
               and salary or wage information, among other things. Each  
               rate is based on a formula outlined in statute:

               A.        Job placement rate is calculated by dividing the  
                    number of graduates employed in the field by the  
                    number of graduates available for employment for each  
                    program. 

                    The Children Advocacy Institute and the Center for  
                    Public Interest Law explains how the job placement  
                    rate can be very different based on the existing  
                    definition:

                         "In a reporting year in which 200 students are  
                         scheduled to graduate from a particular program  
                         that year, 80 graduated within 100% of the time  
                         originally scheduled. During that same reporting  
                         year, however, a total of 150 graduated from that  
                         program. Eighty-five of the graduates that year  
                         obtained employment. Of those who obtained  
                         employment, 70 had graduated on time during the  
                         reporting year."

               B.        Completion rate is calculated by dividing the  
                    number of graduates by the number of students  
                    available for graduation. Instead this bill requires  
                    an institution to use "on-time graduates" in lieu of  
                    "graduates," for calculating completion rates for each  
                    program.

               C.        License examination passage rates for the  








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                    immediately preceding two years is calculated by  
                    dividing the number of graduates who pass the exam by  
                    the number of graduates who take the licensing exam  
                    the first time after completing the education program.

               D.        Salary and Wage information, consisting of the  
                    total number of graduates employed in the field and  
                    the annual wages or salaries of those graduates.

          3.   Related and prior legislation. 
          
               AB 2296 (Block, CH 585, 2012) required institutions  
               regulated by the Bureau for Private Postsecondary Education  
               (Bureau) to provide additional disclosures to prospective  
               students by among other things; establishing more stringent  
               criteria for determining gainful employment and calculating  
               job placement rates; and increasing institutional  
               documentation and reporting requirements around completion  
               rates, job placement/license exam passage rates for  
               graduates. AB 2296 defined graduates to mean those who  
               graduated with 100% of a program length. 

            SUPPORT
          
          Center for Employment Training 
          Center for Public Interest Law
          Children's Advocacy Institute
          La Cooperative
          Proteus, Inc.
          Public Advocates
          University of San Diego School of Law
          Veterans Legal Clinic

            OPPOSITION
           
           None received. 

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