Senate BillNo. 1059


Introduced by Senator Monning

February 16, 2016


An act to amend Sections 67100 and 67102 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 1059, as introduced, Monning. Postsecondary education: Title 38 awards.

Title 38 of the United States Code provides educational awards for eligible active duty members and veterans of the Armed Forces of the United States. Existing law requires an institution headquartered or operating in California desiring to enroll students eligible for federal Title 38 awards in accredited courses to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, and authorizes CSAAVE to approve the application of the school when the school and its accredited courses satisfy the specified criteria and any additional reasonable criteria established by CSAAVE.

This bill would include as a qualifying institution for federal Title 38 awards, an institution that has been accredited by the Committee of Bar Examiners.

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

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

P1    1

SECTION 1.  

Section 67100 of the Education Code is amended
2to read:

3

67100.  

The Legislature finds and declares the following:

P2    1(a) begin deleteSection end deletebegin insertSections end insert21.4253begin insert and 21.4254end insert of Title 38 of the
2Code of Federal Regulationsbegin delete requiresend deletebegin insert requireend insert a postsecondary
3educational institution headquartered or operating in California
4desiring to enroll veterans or persons eligible for Title 38 awards
5in accreditedbegin insert and nonaccreditedend insert institutions and programs to make
6application for approval of these courses to the California State
7Approving Agency for Veterans Education, commonly known as
8CSAAVE, as the state approving agency legally designated
9pursuant to Section 3671 of Subchapter I of Chapter 36 of Title
1038 of the United States Code.

11(b) begin deleteSection end deletebegin insertSections end insert21.4253begin delete authorizesend deletebegin insert and 21.4254 authorizeend insert
12 CSAAVE to approve the application of the accreditedbegin insert and
13nonaccreditedend insert
institutions when the school and its accreditedbegin insert and
14nonaccreditedend insert
courses satisfy the criteria provided inbegin delete Sectionend delete
15begin insert Sectionsend insert 21.4253begin insert and 21.4254end insert and additional reasonable criteria
16 established by CSAAVE.

17(c) It is reasonable pursuant tobegin delete Sectionend deletebegin insert Sectionsend insert 21.4253begin insert and
1821.4254end insert
for CSAAVE to require a postsecondary educational
19institution, public or private, to obtain accreditation for its degree
20programs, to comply with all federal and state laws and regulations,
21and to comply with any additional reasonable criteria established
22by CSAAVE. It is reasonable pursuant tobegin delete Sectionend deletebegin insert Sectionsend insert 21.4253
23begin insert and 21.4254end insert for CSAAVE to require a private postsecondary
24institution to be issued an approval to operate from the Bureau for
25Private Postsecondary Education.

26

SEC. 2.  

Section 67102 of the Education Code is amended to
27read:

28

67102.  

As used in this chapter, the following terms have the
29following meanings:

30(a) An “academic year” is July 1 to June 30, inclusive. The
31starting date of a session shall determine the academic year in
32which it is included.

33(b) “CSAAVE” is the California State Approving Agency for
34Veterans Education.

35(c) (1) “Qualifying institution” means a degree-granting
36institution that complies with paragraphs (2), (3), and (4), or a
37nondegree-granting institution that complies with paragraphs (2)
38and (4).

39(2) (A) The institution shall provide information on where to
40 access California license examination passage rates for the most
P3    1recent available year from graduates of its undergraduate programs
2leading to employment for which passage of a California licensing
3examination is required, if that data is electronically available
4through the Internet Web site of a California licensing or regulatory
5agency. For purposes of this paragraph, “provide” may exclusively
6include placement of an Internet Web site address labeled as an
7access point for the data on the passage rates of recent program
8graduates on the Internet Web site where enrollment information
9is also located, on an Internet Web site that provides centralized
10admissions information for postsecondary educational systems
11with multiple campuses, or on applications for enrollment or other
12program information distributed to prospective students.

13(B) The institution shall be responsible for certifying to
14CSAAVE compliance with the requirements of subparagraph (A).

15(3) (A) A degree-granting institution shall provide evidence of
16accreditation of the institution and of all degree programs to
17CSAAVE. The accrediting agency shall be recognized by the
18United States Department of Education. An unaccredited
19degree-granting institution participating in the Title 38 award
20program on January 1, 2015, shall satisfy both of the following to
21remain eligible to receive Title 38 awards:

22(i) The institution shall obtain and provide evidence to CSAAVE
23of its candidacy or preaccreditation status, with an accrediting
24agency recognized by the United States Department of Education,
25by January 1, 2016, for the institution to be eligible for Title 38
26awards for the academic year of 2015-16, or 2016-17, or both.

27(ii) The institution shall obtain and provide evidence to
28CSAAVE of accreditation from the accrediting agency with which
29it had candidacy or preaccreditation status by January 1, 2017, for
30the institution to be eligible for Title 38 awards for the academic
31year of 2017-18, and each academic year thereafter.

32(B) If an unaccredited degree-granting institution participating
33in the Title 38 award program fails to satisfy the accreditation
34requirements provided in clause (i) of subparagraph (A), a veteran
35enrolled in a degree program offered by the institution prior to
36January 1, 2016, shall remain eligible for Title 38 awards through
37his or her completion of that degree program. If an unaccredited
38degree-granting institution participating in the Title 38 award
39program fails to satisfy the accreditation requirements provided
40in clause (ii) of subparagraph (A), a veteran enrolled in a degree
P4    1program offered by the institution prior to January 1, 2017, shall
2remain eligible for Title 38 awards through his or her completion
3of that degree program.

4(C) An unaccredited degree-granting institution that does not
5satisfy the accreditation requirements provided in clause (i) of
6 subparagraph (A), shall not enroll any new Title 38 eligible
7students to any of its degree programs after January 1, 2016. An
8unaccredited degree granting institution that does not satisfy the
9accreditation requirements provided in clause (ii) of subparagraph
10(A), shall not enroll any new Title 38 students to any of its degree
11programs after January 1, 2017, without first providing these
12prospective students with the following written disclosure:


14“If you choose to attend this institution, you will not be eligible
15to receive a Title 38 award because this institution did not satisfy
16one or more of the accreditation requirements to receive Title 38
17awards.”


begin insert

19(D) An institution that obtains and provides evidence to CSAAVE
20of accreditation from the Committee of Bar Examiners pursuant
21to Sections 6046.7 and 6060.6 of the Business and Professions
22Code does not have to comply with subparagraphs (A), (B), and
23(C).

end insert

24(4) The institution shall be one of the following to be eligible
25for Title 38 awards:

26(A) A campus of the California Community Colleges, the
27California State University, or the University of California.

28(B) An independent institution of higher education, as defined
29in subdivision (b) of Section 66010.

30(C) (i) For purposes of the 2015-16 award year, a private
31postsecondary educational institution, as defined in Section 94858.

32(ii) For purposes of the 2016-17 award year, and every award
33year thereafter, a private postsecondary educational institution, as
34defined in Section 94858, that has an approval to operate from the
35Bureau for Private Postsecondary Education, is subject to the
36regulatory oversight and enforcement of student protections
37provided by the bureau, and has its approval to operate certified
38by CSAAVE.

P5    1(D) begin delete(i)end deletebegin deleteend deleteAn institution described in subdivision (i) of Section
294874 that satisfies all of the requirements provided in Section
394947.

begin delete

4(ii) This subparagraph shall become operative only if Senate
5Bill 1247 of the 2013-14 Regular Session is enacted and adds
6Section 94947 to this code.

end delete
begin insert

7(E) An institution that is accredited by the Committee of Bar
8Examiners pursuant to Sections 6046.7 and 6060.7 of the Business
9and Professions Code.

end insert


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