Amended in Senate April 18, 2016

Senate Bill No. 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 amended, 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 begin delete Examiners. end delete begin insert Examiners, if the institution complies with specified disclosure and compliance requirements. end insert

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

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

SECTION 1.  

Section 67100 of the Education Code is amended
to read:

67100.  

The Legislature finds and declares the following:

(a) Sections 21.4253 and 21.4254 of Title 38 of the Code of
Federal Regulations require a postsecondary educational institution
headquartered or operating in California desiring to enroll veterans
or persons eligible for Title 38 awards in accredited and
nonaccredited institutions and programs to make application for
approval of these courses to the California State Approving Agency
for Veterans Education, commonly known as CSAAVE, as the
state approving agency legally designated pursuant to Section 3671
of Subchapter I of Chapter 36 of Title 38 of the United States Code.

(b) Sections 21.4253 and 21.4254 authorize CSAAVE to
approve the application of the accredited and nonaccredited
institutions when the school and its accredited and nonaccredited
courses satisfy the criteria provided in Sections 21.4253 and
21.4254 and additional reasonable criteria established by CSAAVE.

(c) It is reasonable pursuant to Sections 21.4253 and 21.4254
for CSAAVE to require a postsecondary educational institution,
public or private, to obtain accreditation for its degree programs,
to comply with all federal and state laws and regulations, and to
comply with any additional reasonable criteria established by
CSAAVE. It is reasonable pursuant to Sections 21.4253 and
21.4254 for CSAAVE to require a private postsecondary institution
to be issued an approval to operate from the Bureau for Private
Postsecondary Education.

SEC. 2.  

Section 67102 of the Education Code is amended to
read:

67102.  

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

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

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

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

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

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

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

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

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

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

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

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

(D) An institution that obtains and provides evidence to
CSAAVE of accreditation from the Committee of Bar Examiners
pursuant to Sections 6046.7 and 6060.6 of the Business and
Professions Code does not have to comply with subparagraphs
(A), (B), and begin delete (C). end delete begin insert (C), if the institution complies with both of the
following: end insert

begin insert

(i) The institution provides disclosures to applicants of the
school who are eligible for federal Title 38 awards of the
institution’s tuition costs, refund policies, class sizes, number of
faculty, attrition rates, bar passage data, and employment outcomes
of graduates.

end insert begin insert

(ii) The institution is in compliance with all applicable CSAAVE
rules and regulations and is in good standing with the Committee
of Bar Examiners.

end insert

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

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

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

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

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

(D) An institution described in subdivision (i) of Section 94874
that satisfies all of the requirements provided in Section 94947.

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