BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 425|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 425
Author: Hernandez (D), et al.
Amended: 4/21/15
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE: 7-0, 4/29/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NO VOTE RECORDED: Runner, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Career training: adult students
SOURCE: Author
DIGEST: This bill, an urgency measure, authorizes the
Superintendent of Public Instruction (SPI), for purposes of
participation in Title IV authorized federal student financial
assistance programs, to: (1) certify by name, a regional
occupational center and program, or a county office of education
or an adult school; (2) adopt regulations that authorize a
complaint process under the Uniform Complaint Procedures (UCPs)
outlined in specified regulations; and (3) decertify any program
no longer in compliance with specified federal regulations.
ANALYSIS: Existing federal law outlines the requirements for
eligibility to participate in Title IV federal financial
assistance programs for postsecondary education institutions.
Federal regulations define postsecondary vocational institution
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for this purpose and, among other things, require that an
educational institution be:
1)Legally authorized by a state to operate educational programs
beyond secondary education.
2)Have a process to review and act appropriately on complaints
concerning postsecondary institutions. (34 Code of Federal
Regulations § 600.6, § 600.9)
Existing state law:
1)Authorizes school county superintendents to establish Regional
Occupational Centers and Programs (ROCPs) that allow students
from multiple schools or districts to participate in career
technical training programs regardless of the geographical
location of their residence in a county or region. (Education
Code § 52300, et. seq.)
2)Authorizes a school district governing board, with the
approval of the California Department of Education (CDE), to
establish and maintain classes for adults, as specified, and
outlines various requirements to be met by these programs.
Adult schools and evening high schools are required to consist
of classes for adults and authorized to admit minors if
specified conditions are met. (Education Code § 52500-52610)
This bill, an urgency measure, authorizes the Superintendent of
Public Instruction (SPI) to certify specified career training
programs for the purpose of participating in Title IV authorized
federal student financial assistance programs. More
specifically it:
1)Authorizes the SPI to certify by name, any ROCP, county office
of education, or adult education program, that provides a
program of training to prepare adult students for gainful
employment in a recognized occupation to legally authorize the
center, program, or office to provide an educational program
beyond secondary education, including an education program
that leads to a degree or certificate.
2)Extends the authority in #1 exclusively for the purpose of
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participation in Title IV authorized federal student financial
assistance programs.
3)Requires a ROCP, county office of education, or adult
education program applying for certification to comply with
both of the following:
a) Satisfy all applicable eligibility requirements
specified in federal rulemaking pursuant to specified
federal regulations.
b) Apply in writing to the SPI as an individual entity to
be considered for certification.
1)Authorizes any person to file a complaint under the UCPs
regarding an alleged violation by a local agency of federal or
state law governing adult education programs or ROCPs,
including allegations of unlawful discrimination, harassment,
intimidation, or bullying, and requires the SPI to adopt
regulations to implement this authorization.
2)Authorizes the SPI to decertify a ROCP, county office of
education, or adult education program, for purposes of
participation in Title IV authorized federal student financial
assistance programs, upon a determination that the entity is
no longer in compliance with the specified federal
regulations.
3)Makes related findings and declarations.
Comments
1)Need for the bill. According to the author, this bill seeks
to clarify and update California law by establishing authority
and process for ROCPs, county offices of education, and adult
schools to be able to participate in federal student financial
aid programs. As the result of changes in the federal law,
students receiving financial assistance to obtain career
technical certification training through these entities may be
ineligible for federal financial aid.
2)The sector. According to information from providers, ROCPs,
county offices and adult schools have been participating in
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federal financial aid programs, some for as many as 20 years.
Recent changes in the federal law regarding state
authorization to offer postsecondary education programs puts
about 27 of these programs currently approved to offer federal
student aid, and the students they serve, at risk of losing
eligibility for funds necessary to support students'
postsecondary workforce training. According to one provider,
about 12,000 high school graduates enrolled in post-secondary
career preparation programs at ROCPs, county offices and adult
schools would no longer be able to access these funds without
some change to California law.
3)State authorization. State authorization regulations were
published in the Federal Register on October 29, 2010 (75 FR
66832) and schools were initially required to be in compliance
with these rules by July 1, 2011. Since then, the U.S.
Department of Education (USDE) has granted several extensions
of the implementation date of these requirements, subject to a
demonstration that institutions and states were making
progress toward complying with and obtaining state
authorization.
In May 2013, the USDE announced that it would extend the
deadline for complying with a rule requiring states to
authorize colleges within their borders by a year (July 1,
2014). In June 2014, the USDE further delayed (until July 1,
2015) the implementation date of the state authorization
regulations for institutions of postsecondary education whose
state authorization does not meet the requirements of these
regulations, so long as the state is establishing an
acceptable authorization process that is to take effect by the
delayed implementation date.
This bill proposes an urgency measure to address the state
authorization requirements for workforce training programs for
adults offered by K-12 affiliated entities.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
This bill will create new one-time costs to CDE workload of
$60,000 to $100,000, and ongoing workload of about $55,000
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General Fund per year to create and maintain a certification
process for adult education programs for the purpose of
participation in Title IV authorized federal student financial
assistance programs.
This bill also requires the CDE to adopt regulations
authorizing complaints to be made through the UCP process
which will create additional, potentially significant new
workload, depending on how many complaints are received. These
costs are unknown, but a recent law authorizing complaints to
be filed for noncompliance with student fees, required
additional staffing at CDE.
SUPPORT: (Verified5/28/15)
East San Gabriel Valley Regional Occupational Program and
Technical Center
La Puente Valley Regional Occupational Program
Los Angeles County Office of Education
Riverside County Superintendent of Schools
ROP North Orange County
OPPOSITION: (Verified5/28/15)
None received
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
5/31/15 12:04:52
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