BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 14, 2016 


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          SB  
          1192 (Hill) - As Amended April 6, 2016


          [Note: This bill is double referred to the Assembly Business and  
          Professions Committee.]


          SENATE VOTE:  37-0 


          SUBJECT:  Private postsecondary education:  California Private  
          Postsecondary Education Act of 2009


          SUMMARY:  Provides for various changes to the California Private  
          Postsecondary Education Act of 2009 (Act) and the oversight of  
          the Act provided by the Bureau for Private Postsecondary  
          Education (BPPE).  Specifically, this bill:  


          1) Provides BPPE the authority to give extensions on the  
             timeline for unaccredited degree granting institutions to  
             become accredited according to certain evidence.

          2) Establishes an Office of Student Assistance and Relief  
             (Office) to serve as a primary point of contact to address  
             the needs of private postsecondary education students.   
             Specifies that the duties of the Office include but are not  
             limited to providing assistance to students, conducting  








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             proactive outreach to students, administering the Student  
             Tuition Recovery Fund (STRF) and overseeing the registration  
             of institutions that do not have a physical presence in this  
             state and are offering distance education to California  
             students.  Requires the Office to establish and maintain a  
             website to provide information to students about their rights  
             and protections available to them as well as information  
             about free services available to students provided by a local  
             nonprofit community service organization with demonstrated  
             experience assisting students in areas like legal services  
             and student loan matters.  

          3) Provides recourse through the STRF to students impacted by  
             the abrupt closure of Corinthian Colleges, Inc. (CCI).

          4) States the intent of the Legislature to require a private  
             postsecondary educational institution that does not maintain  
             a physical presence in this state and offers distance  
             education to California students to file a surety bond for  
             the benefit of students suffering economic loss.  Requires  
             these institutions to register with BPPE. 

          5) Authorizes BPPE staff to issue a citation, with a fine not to  
             exceed $5,000, before leaving an institution when non-minor  
             violations of the Act are detected during an inspection.

          6) Increases the penalty for operating an institution without  
             BPPE approval from $50,000 to $100,000.

          7) Requires the Director to appoint an enforcement monitor for a  
             period of two years to monitor the BPPE's enforcement  
             efforts, with a specific concentration on the adequacy of  
             bureau compliance inspections, handling and processing of  
             student complaints and timely application of sanctions or  
             discipline imposed on institutions and persons in order to  
             protect the public.  Requires the enforcement monitor to  
             submit reports to the Director and Legislature and be  
             available to make oral reports to both if requested to do so.









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          8) Makes various technical changes.
          
          EXISTING LAW:  Establishes the Act until January 1, 2017, and  
          requires BPPE, within the Department of Consumer Affairs (DCA)  
          to, among other things, review, investigate and approve private  
          postsecondary institutions (or institutions), programs and  
          courses of instruction pursuant to the Act and authorizes BPPE  
          to take formal actions against an institution/school to ensure  
          compliance with the Act and even seek closure of an  
          institution/school if determined necessary.  The Act requires  
          unaccredited degree granting institutions to be accredited by an  
          accrediting agency recognized by the United States Department of  
          Education (USDE) by 2020.  The Act also provides for specified  
          disclosures and enrollment agreements for students, requirements  
          for cancellations, withdrawals and refunds, and that the BPPE  
          shall administer the Student Tuition Recovery Fund (STRF) to  
          provide refunds to students affected by the possible closure of  
          an institution/school.  (Education Code Section 94800 et. seq.)


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee: 

          Bureau:  Net increased costs of about $410,000 in the 2016-17  
          fiscal year and $360,000 ongoing.  This estimate includes the  
          Bureau's anticipated need for six positions and $829,000 in  
          fiscal year 2016-17 and $781,000 annually thereafter.  It also  
          includes increased revenues of about $420,000 ($300,000  
          attributed to the fine increase from operating without a proper  
          approval and about $120,000 from the new authority to issue  
          citations, as specified.  To the extent there are additional  
          fines or citations issued, increased revenues would be  
          generated.)  The Private Postsecondary Education Administration  
          Fund has a structural imbalance and is expected to become  
          insolvent in the 2017-18 fiscal year without accounting for the  
          implementation of this bill.  Absent a different funding source  
          or creation of an additional fee, the fund could become  
          insolvent sooner.  (Special Funds) 









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          Student Tuition Recovery Fund Claim Payout: Unknown payments to  
          students enrolled at a campus or an out-of-state online program  
          of a Corinthian Colleges Inc. institution.  If 10 percent of  
          estimated impacted students applied and were approved for a  
          claim in a given year, costs would be $5.8 million.  Actual  
          costs would depend upon a number of factors including the number  
          of impacted students making a successful claim and the amount of  
          the claim payouts.  (Special Funds)



          Minor costs to the California Student Aid Commission, the  
          California Community College Chancellor's Office, and the  
          California Department of Veterans Affairs to fulfill the  
          consultation requirement with the Office of Student Assistance  
          and Relief, as required by this bill.  It is unknown the  
          additional duties, and potential cost pressures, that might  
          result from the required consultation.  (General Fund)



          COMMENTS:  Background on BPPE Sunset Review.  As previously  
          outlined, existing law sunsets the Act on January 1, 2017.   
          Legislation is necessary to extend the sunset date of the Act  
          and the oversight provided by the BPPE.  On March 28, 2016, the  
          Assembly Higher Education Committee and the Senate Business,  
          Professions and Economic Development Committee were joined by  
          the Senate Education Committee and the Assembly Business and  
          Professions Committee to conduct a Sunset Review hearing of the  
          BPPE.  This bill is intended to implement legislative changes as  
          discussed and recommended during the Sunset Review process.   
          Additional information regarding the BPPE and recommended  
          changes to the law can be found in the Background Paper prepared  
          by Committee staff, available on the Committee website.


          Background on BPPE.  BPPE (or Bureau) is responsible for  








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          oversight of private postsecondary educational institutions  
          operating with a physical presence in California.  Established  
          by 
          AB 48 (Portantino, Chapter 310, Statutes of 2009) after numerous  
          legislative attempts to remedy the laws and structure governing  
          regulation of private postsecondary institutions, the bill took  
          effect January 1, 2010, to make many substantive changes that  
          created a foundation for oversight and gave the BPPE enforcement  
          tools to ensure schools comply with the law.  SB 1247 (Lieu,  
          Chapter 840, Statutes of 2014) reauthorized the Act until  
          January 1, 2017 and made a series of improvements aimed at  
          reducing backlogs and increasing meaningful enforcement.  The  
          Act directs BPPE to, among numerous outlined activities, approve  
          institutions and programs, establish and enforce minimum  
          operating standards to ensure quality education, provide  
          students a meaningful opportunity to have their complaints  
          resolved, and ensure that institutions offer accurate  
          information to prospective students on school and student  
          performance.  BPPE is also required to actively investigate and  
          combat unlicensed activity, administer the STRF, and conduct  
          outreach and education activities for students and institutions  
          within the state.

          Background on regulated industry.  The landscape of schools  
          regulated under BPPE has shifted in recent decades.  Today, most  
          students attending BPPE-regulated institutions are enrolled in  
          multi-campus, publicly-traded institutions with a national  
          presence.  According to the 2014 Annual Report (self-reported  
          data from BPPE-approved institutions), of the 275,624 students  
          enrolled, 161,226 were enrolled in institutions that receive  
          federal Title IV financial aid.  These 337 institutions received  
          about $5.8 billion in federal Title IV financial aid.  In  
          response to high-profile state and federal investigations that  
          revealed deceptive and illegal practices by some institutions  
          within this sector.  Federal regulators responded by increasing  
          student outcome and institutional accountability measures.   
          Specifically, in California, BPPE's approval can enable these  
          institutions to access the Title IV program; USDE relies on the  
          Bureau to provide oversight and student protection.   








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          Major changes to the Act contained in SB 1192.  The author notes  
          that "students, the public and quality private postsecondary  
          educational institutions are best served by a well-functioning  
          regulatory entity that effectively enforces the Act.  The Bureau  
          has faced significant difficulties in implementing the law.   It  
          is important that California's approval and oversight of an  
          institution assures minimum quality and student protections."   
          To that end, this bill proposes the following major changes to  
          the Act:

          1)Definition of Licensure.

          Background.  Under the Act, if an institution offers an  
          educational program in a profession, occupation, trade, or  
          career field that requires licensure in California, the  
          institution must have educational program approval from the  
          appropriate state licensing agency for any student who completes  
          that program to sit for any required licensure exam.  

          This bill.  Amends the definition of licensure to explicitly  
          include certification and registration for purposes of BPPE  
          approval of a program intended to lead to licensure and adds  
          requirements for institutions to disclose voluntary  
          certification or registration available to a student.

          Staff recommendations.  The University of Phoenix has expressed  
          concern that this new definition and required disclosures could  
          include non-governmental, voluntary licensure and certification  
          to which an institution would not be aware.  BPPE reports that  
          the existing definition of licensure includes mandatory  
          California certification or registration.  Therefore, Committee  
          staff recommends removing changes to the definition of  
          licensure, and instead requiring, during the enrollment process,  
          an institution offering educational programs designed to lead to  
          positions in a profession, occupation, trade, or career field  
          where voluntary licensure by a government agency is available,  
          to provide all students seeking to enroll in those programs with  
          a written copy of the voluntary government agency licensure  








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          requirements.
            
          2)Unaccredited Degree Granting Programs.
           
           Background.  SB 1247 amended the Act to require that degree  
          granting programs be accredited.  Institutions offering a degree  
          that seek BPPE approval are now required to either be accredited  
          by an accrediting agency recognized by the USDE to offer the  
          degree(s) or have an accreditation plan, approved by BPPE, for  
          the institution to become fully accredited within five years of  
          the BPPE issuance of a provisional approval to operate.  For  
          these schools, the Act requires compliance with certain student  
          disclosures about accreditation, review by a visiting committee  
          and degree limitation requirements.  SB 1247 also outlined a  
          process for institutions that are currently approved by BPPE and  
          offer degrees to submit an accreditation plan to the Bureau by  
          July 1, 2015, to obtain pre-accreditation by July 1, 2017, to  
          obtain accreditation by July 1, 2020, and to comply with various  
          student disclosure and visiting committee review requirements.  

          This bill.  Due to concerns that unaccredited degree granting  
          institutions may not be able to meet the timeframes established  
          in the law to become accredited, but are still actively working  
          toward the accreditation requirement, this bill provides BPPE  
          the authority to give extensions on the timeline for  
          unaccredited degree granting institutions to become accredited  
          according to certain evidence provided by the institution.

          Staff recommendations.  Technical and clarifying amendments to  
          this section have been requested by the BPPE and staff  
          recommends these amendments be adopted.
          
          3)Office of Student Assistance and Relief (OSAR).

          Background.  The Bureau has focused significant efforts to  
          provide outreach to schools, including new workshops to assist  
          with application completion and web-based tools to allow  
          institutions to better understand how they can be compliant with  
          the Act and Bureau regulations.  The Bureau does not appear to  








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          focus similar efforts on student outreach to inform students  
          about the Bureau's work and available recourse for students.   
          For example, following the closure of Corinthian Colleges, Inc.  
          (CCI), BPPE estimated about 6,000 students would be immediately  
          eligible for tuition recovery under the STRF.  BPPE reports that  
          only about 300 CCI students have filed STRF applications.  The  
          chart below identifies similarly low STRF participation rates  
          for other colleges that have closed unlawfully in recent years.
          
                                          

                                          
           -------------------------------------------------------------------------------------------------------- 
          | School Name  |# of Students |    Claims    |   Approved   |    Denied    |   Pending    |% STRF Claims |
          |              |  at Closure  |   Received   |              |              |              |   Approved   |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |WyoTech (CCI) |     1586     |     100      |      34      |      11      |      55      |     2.1%     |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Bryman (+Bio  |     311      |      89      |      39      |      31      |      19      |    12.5%     |
          |Health)       |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Career        |     771      |     127      |      44      |      73      |      10      |     5.7%     |
          |Colleges of   |              |              |              |              |              |              |
          |America       |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Everest (CCI) |     4336     |     214      |      75      |      40      |      99      |     1.7%     |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Four D        |     620      |      55      |      17      |      9       |      29      |     2.7%     |
          |College       |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |IME           |     480      |     317      |     180      |     129      |      8       |    37.5%     |
           -------------------------------------------------------------------------------------------------------- 

          This bill.  The OSAR, created by this bill, would serve as a  
          primary point of contact to address the needs of private  
          postsecondary education students, and would administer the STRF.  
           The bill would also provide a student who was enrolled at a  
          California campus of CCI, or was a California student enrolled  
          in an online program offered by an out-of-state campus of a CCI  








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          institution, who also meets all of the other eligibility  
          requirements, if the student was enrolled as of June 20, 2014,  
          is eligible for STRF.  The bill also states the intent of the  
          Legislature to require a private postsecondary education  
          institution that does not maintain a physical presence in this  
          state and offers distance education to California students to  
          file a surety bond for the benefit of students suffering  
          economic loss.  

          Staff recommendations.  

          OSAR.  Committee staff recommends the OSAR be established in its  
          own Article of the Act (outside of STRF) and managed by an  
          ombudsperson, which is appointed by the director of the DCA and  
          responsible for reporting to the director and the BPPE Advisory  
          Committee.  Additionally, the OSAR, and not the BPPE, should be  
          responsible for outreach to students, coordinating with relevant  
          governmental and non-governmental agencies, and conducting a  
          Pilot Program to provide grants to community-based organizations  
          to assist students harmed by recent school closures with  
          receiving relief under loan forgiveness and STRF.


          Online Institutions.  Committee staff recommends, rather than  
          requiring institutions to file a surety bond, these institutions  
          are required to participate in STRF for their California  
          students.


          4)Compliance and Enforcement. 

          Background.  BPPE faces a significant backlog of complaints and  
          investigations associated with internal referrals resulting from  
          compliance inspections.  Unlike other licensing agencies, the  
          Bureau does not have the authority to issue citations for  
          non-minor violations detected during a compliance inspection.   
          Additionally, concerns have been expressed as to whether BPPE is  
          properly identifying and responding to institutional violations  
          of law; in 2013, the Bureau of State Audits found that the  








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          Bureau was failing to properly and consistently enforce the Act.  
           

          This bill: authorizes Bureau staff to issue a citation, with a  
          fine not to exceed $5,000, before leaving an institution when  
          non-minor violations of the Act are detected during an  
          inspection; increases the penalty for operating an institution  
          without BPPE approval from $50,000 to $100,000; and, requires  
          the Director to appoint an enforcement monitor for a period of  
          two years to monitor the BPPE's enforcement efforts.

          Staff recommendations.  The California Association of Private  
          Postsecondary Schools (CAPPS) has expressed serious concern  
          regarding due process violations that could occur from allowing  
          BPPE to issue citations at compliance inspections.  BPPE has  
          indicated that it believes its backlog problem could be  
          addressed, instead, by allowing evidence collected during a  
          compliance inspection to be used in support of issuing a  
          citation.  Staff recommends adopting BPPE's recommended  
          amendments.  Staff recommends approval of the BPPE requested  
          amendment to require institutions to notify BPPE of  
          investigations by other governmental agencies.

          Additional issues and requested amendments.  A number of  
          organizations have requested additional amendments to the Act  
          and this bill.  What follows is a summary of those requests and  
          Committee staff recommended actions.

          1)BPPE Fees.  CAPPS notes that under the current fee structure,  
            many schools with fewer school sites, fewer students and less  
            revenue are paying more in fees than schools with a much  
            larger footprint.  CAPPS has requested "fee fairness" be  
            included in SB 1192.  

            Committee staff understands that the author is working with  
            BPPE and DCA regarding a revised fee schedule that will more  
            appropriately reflect the BPPE workloads and the size/revenue  
            of BPPE-regulated institutions.  This fee schedule is  
            anticipated to be included in SB 1039 (Hill), pending in  








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            Assembly Business and Professions Committee, which contains  
            revised fee schedules for a number of DCA Boards and Bureaus. 

          2)Consumer Disclosures.  Ashford University has requested  
            amendments to better align disclosures (School Performance  
            Fact Sheet or SPFS) that are required under the Act with  
            disclosures required by accrediting agencies and the federal  
            government.  A coalition of organizations that includes SEIU,  
            Public Advocates, and the Veteran's Legal Clinic has also  
            requested amendments to the SPFS, specifically regarding  
            employment.  SB 1247 required the Bureau to report to the  
            Legislature by January 1, 2017 regarding student disclosures  
            and possible statutory amendments to streamline and enhance  
            the SPFS. 

            Committee staff recommends that changes to the SPFS be delayed  
            until after the report required under current law is submitted  
            to the Legislature.

          3)STRF Collection.  Ashford University has requested an  
            amendment to clarify that the BPPE must notify institutions  
            prior to beginning STRF collection.  BPPE reports that  
            altering the STRF assessment is a regulatory change that  
                                                                                   requires BPPE follow notification procedures outlined in the  
            Administrative Procedures Act.  Due to this, the change  
            requested by Ashford does not appear necessary.     

          4)OSAR Appropriation.  The Legal Aid Foundation of Los Angeles  
            (LAFLA) has expressed concern that the OSAR will require an  
            appropriation in order to effectively conduct its duties.   
            Committee staff recommends this issue be raised in the  
            Appropriations Committee.

          5)OSAR consultation.  LAFLA has requested that OSAR be required  
            to consult with legal aid foundations in the performance of  
            its duties.  Committee staff recommends that OSAR be  
            authorized to consult with relevant community based  
            organizations, as OSAR determines necessary in fulfilling its  
            duties. 








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          6)STRF.  A coalition of consumer organizations has requested a  
            variety of amendments to expand STRF eligibility for students.  
             Committee staff recommends, of those requests, the bill be  
            amended to provide students 4-years to file a STRF claim and  
            to require that student loans be formally discharged, rather  
            than an agreement not to collect, before a student's STRF  
            eligibility is reduced.   

          7)Advisory Committee.  Committee staff understands that  
            revisions to the Advisory Committee are necessary to improve  
            the operations of the Committee, including removing positions  
            that have remained unfilled since 2010, requiring the OSAR  
            ombudsperson to report to the Advisory Committee, and  
            requiring that a quorum be comprised of a majority of those  
            appointed members.   

          8)Unintended exemption.  An article by Buzzfeed, (Making the  
            Grade, published on May 26, 2016) uncovered a series of  
            documents that implicated a non-profit institution operating  
            in California for manipulating student records and improperly  
            using funds.  According to the article, the college "has no  
            full-time, permanent faculty, despite having a student body  
            larger than the undergraduate population of Princeton." In  
            response to the article, BPPE was asked to review the  
            institution's compliance with California law.  Committee staff  
            understands that BPPE has no jurisdiction to review this  
            institution because it receives an exemption from law under  
            Education Code 94847(j).  The Committee may wish to consider  
            removing this exemption as it appears the exemption may no  
            longer be serving its original purpose.    

          REGISTERED SUPPORT / OPPOSITION:


          Support


          Center for Public Interest Law








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          Children's Advocacy Institute


          Consumer Federation of California


          East Bay Community Law Center


          Housing and Economic Rights Advocates


          Legal Aid Foundation of Los Angeles


          Public Advocates


          Public Law Center


          SEIU California


          Veterans Legal Clinic




          Opposition


          Professional Beauty Federation of California












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