BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1059


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          SENATE THIRD READING


          SB  
          1059 (Monning)


          As Amended  June 21, 2016


          Majority vote


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Higher          |13-0 |Medina, Baker, Bloom, |                    |
          |Education       |     |Chávez, Irwin,        |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Linder, Low, Olsen,   |                    |
          |                |     |Santiago, Weber,      |                    |
          |                |     |Williams              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Veterans        |7-0  |Irwin, Achadjian,     |                    |
          |Affairs         |     |Arambula, Daly,       |                    |
          |                |     |Frazier, Mathis,      |                    |
          |                |     |Salas                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |








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          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |Chau                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Would authorize unaccredited law schools, as  
          specified, to participate in federal veteran's education  
          benefits.  Specifically, this bill:  


          1)Would authorize an institution, which obtains and provides  
            evidence to the California State Approving Agency for  
            Veteran's Education (CSAAVE) of accreditation from the  
            Committee of Bar Examiners (CBE), to receive approval from  
            CSAAVE for participation in Title 38 veteran's education  
            benefits, provided the institution does both of the following:  



             a)   Provides disclosures to applicants of the school of the  
               institution's admissions data, tuition, fees, financial  
               aid, conditional scholarships, refund policies, average  
               class size of each required course, number of clinical  
               offerings, number of full-time and part-time faculty,  
               technically trained librarians, administrators, enrollment  
               data, bar passage data, and employment outcomes for  
               graduates, as defined.


             b)   Is in compliance with all applicable CSAAVE rules and  
               regulations and is in good standing with the CBE.   









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          EXISTING LAW:  


          1)Requires the CBE of the State Bar of California to be  
            responsible for the approval, regulation, and oversight of  
            degree-granting law schools, as specified; and provides, among  
            other outlined requirements, a person that is authorized to  
            practice law in California to complete an educational  
            component, which can be met through any of the following  
            (Business and Professions Code 6060 et. seq.):


             a)   Receipt of a juris doctor degree or a bachelor of laws  
               degree by a law school accredited by the CBE or by the  
               American Bar Association (ABA).


             b)   Studied law diligently and in good faith for at least  
               four years in any of the following manners:


               i)     In a law school that is authorized or approved to  
                 confer professional degrees and requires classroom  
                 attendance of its students for a minimum of 270 hours a  
                 year.


               ii)    In a law office in this state and under the personal  
                 supervision of a member of the State Bar of California  
                 who is, and for at least the last five years continuously  
                 has been, engaged in the active practice of law.  It is  
                 the duty of the supervising attorney to render any  
                 periodic reports to the examining committee as the  
                 committee may require.


               iii)   In the chambers and under the personal supervision  
                 of a judge of a court of record of this state.  It is the  








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                 duty of the supervising judge to render any periodic  
                 reports to the examining committee as the committee may  
                 require.


               iv)    By instruction in law from a correspondence law  
                 school authorized or approved to confer professional  
                 degrees by this state, which requires 864 hours of  
                 preparation and study per year for four years.


               v)     By any combination of the aforementioned methods.


          2)Requires CSAAVE, a federally funded agency that operates under  
            an annual reimbursement contract with the United States  
            Veteran's Affairs (VA), to review, evaluate and approve  
            educational and training programs for veteran's benefits.   
            Among other requirements for approval by CSAAVE, California  
            law requires an institution which grants academic degrees to  
            be accredited by an accrediting agency recognized by the  
            United States Department of Education (USDE).   (Education  
            Code Sections 67100, 67101, and 67102).


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor fiscal impact to CSAAVE. 


          COMMENTS:  Background.  In response to concerns that  
          unscrupulous for-profit colleges were targeting veteran students  
          in order to access federal Title 38 education benefits, and  
          leaving students with high debt levels and low-value degrees or  
          certificates, the Legislature enacted AB 2099 (Frazier), Chapter  
          676, Statutes of 2014.  


          AB 2099 required colleges approved by CSAAVE to 1) be accredited  
          by an accrediting agency recognized by the USDE, if the  








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          institution grants academic degrees; 2) disclose information  
          regarding licensure examination passage rates to prospective  
          students, if applicable; and, 3) to be approved by the Bureau  
          for Private Postsecondary Education (thereby making their  
          students eligible for a series of consumer protections,  
          including disclosures, complaint resolution, and access to a  
          tuition recovery fund) if the institution is a for-profit  
          college.  


          Purpose of this bill.  According to the author, most law schools  
          in California are approved by the ABA, which is a  
          USDE-recognized accrediting agency.  Due to the cost-prohibitive  
          nature of ABA's approval requirements, 19 law schools in  
          California, both non-profit and for-profit, have instead opted  
          to become accredited by the CBE.  According to the author,  
          CBE-accredited law schools tend to attract a different student  
          population, including older, working students, students with  
          families, or those seeking a second career and require part-time  
          night courses in order to achieve a juris doctorate.  The author  
          notes, as further outlined below, CBE-accreditation provides for  
          review and oversight of quality standards. CBE, however, is not  
          recognized by the USDE, and therefore CBE-accredited  
          institutions do not met the CSAAVE accreditation requirements  
          established in AB 2099.  This bill would authorize  
          CBE-accredited law schools to be approved by CSAAVE for purposes  
          of Title 38 veterans' education benefits. 


          CBE requirements and reporting.  CBE-accreditation of law  
          schools is governed by Division 2, Accredited Law School Rules,  
          of Title 4, the Admissions and Educational Standards.  These  
          Standards and their implementing Guidelines provide for the  
          governance, administration, curriculum requirements, and  
          academic and admission policies with which a school must comply.  
           Additionally, the CBE reports data regarding bar examination  
          outcomes, including by institution.  According to CBE, for the  
          July 2015 bar examination, the most recent term for which data  
          is available, pass-rate for CBE-accredited institutions was  








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          13.4%, compared to 59.8% for institutions approved by the ABA. 




          Analysis Prepared by:                                             
                          Laura Metune / HIGHER ED. / (916) 319-3960  FN:  
          0003778