BILL ANALYSIS Ó SB 1059 Page 1 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, | | SB 1059 Page 2 | | |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. SB 1059 Page 3 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 SB 1059 Page 4 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 SB 1059 Page 5 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 SB 1059 Page 6 13.4%, compared to 59.8% for institutions approved by the ABA. Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0003778