BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1281


                                                                    Page  1





          SENATE THIRD READING


          SB  
          1281 (Block)


          As Amended  June 13, 2016


          Majority vote


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |9-0  |Mark Stone, Wagner,   |                    |
          |                |     |Burke, Chau, Chiu,    |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Ting          |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Requires certain information to be posted on the  
          Internet Web sites of law schools in California that are not  
          approved by the American Bar Association (ABA).  Specifically,  
          this bill:  









                                                                    SB 1281


                                                                    Page  2






          1)Requires any law school in California not approved by the  
            American Bar Association to publicly disclose on its Internet  
            Web site, with a link from the Internet home page under  
            "admissions," information pertaining to all of the following:


             a)   Admissions data. 


             b)   Tuition, fees, and financial aid.


             c)   Conditional scholarships. 


             d)   Enrollment data.  


             e)   Number of full-time and part-time faculty, technically  
               trained librarians, and administrators.  


             f)   Average class size of each required course and the  
               number of clinical offerings.


             g)   Employment outcomes for graduates.   


             h)   Bar passage data.  


          2)Requires the above disclosures to be published in a  
            standardized information report, allows the State Bar to  
            create a standardized information report template, and  
            requires the law schools to include the standardized  
            information report as part of their annual compliance report  
            to the State Bar.








                                                                    SB 1281


                                                                    Page  3







          3)Requires a non-ABA approved law school to additionally  
            publicly disclose the following information on its Internet  
            Web site:


             a)   Refund policy;


             b)   Curricular offerings, academic calendar, and academic  
               requirements; and


             c)   Policy regarding the transfer of credit earned at  
               another institution of higher education.


          4)Requires a law school's transfer of credit policy to include  
            specific information about any transfer or articulation  
            agreements that the school may have with other colleges and  
            universities.


          5)Requires all information that a law school reports,  
            publicizes, or distributes pursuant to the above requirements  
            shall be complete, accurate, and not misleading to a  
            reasonable law school student or applicant.


          6)Requires that a law school shall use due diligence in  
            obtaining and verifying such information. 


          7)Defines relevant terms, including the following:


             a)   "Admissions data" means information from the most  
               recently enrolled fall semester class including the total  








                                                                    SB 1281


                                                                    Page  4





               number of applications, the total number of accepted  
               students, and the 75th, 50th, and 25th percentile scores  
               for the undergraduate grade point averages and law school  
               admission test scores of admitted students.


             b)   "Bar passage data" means the most current cumulative bar  
               pass rates defined and reported by the examining committee  
               of the State Bar.


             c)   "Employment outcomes for graduates" means the results of  
               a survey by the law school, taken three years after  
               graduation, that breaks down the employment rate of  
               graduates in each of the first three years after  
               graduation, including the rate of employment of graduates  
               in jobs where a Juris Doctor degree is required by the  
               employer and the rate of employment of graduates in jobs  
               where a Juris Doctor degree is an advantage in employment.


             d)   "Enrollment data" means information about the number of  
               students who are admitted to the school per class per year  
               for the past three years, the number of students who  
               transfer to and from the school per class per year for the  
               past three years, and the number of students who do not  
               continue to attend the school each year for the past three  
               years on either a voluntary or involuntary basis.




          FISCAL EFFECT:  None.


          COMMENTS:  The ABA accredits law schools throughout the United  
          States, including California law schools.  The State Bar of  
          California (State Bar) also accredits law schools in California.  
           Finally, there are law schools in California that are not  








                                                                    SB 1281


                                                                    Page  5





          accredited by either the ABA, or the State Bar.  These latter  
          two groups:  California State Bar-accredited law schools and  
          unaccredited law schools are the subject of this bill.


          Bar passage and disclosure requirements under current law.   
          ABA-accredited law schools are required to have a 75% bar  
          passage rate in three out of five years.  State Bar-accredited  
          law schools are required to maintain a 40% bar passage rate over  
          five years, and are four-year programs.  Unaccredited law  
          schools have no bar passage requirement and are four-year  
          programs.


          ABA-accredited law schools.  To be accredited by the ABA, an  
          institution must, among many other things, adhere to the  
          Internet disclosure requirements of the ABA, generating what is  
          called a Section 509 report.  The requirements are robust.  They  
          include the cost of the institution, diversity metrics,  
          attrition rates, as well as Bar passage rates.  Prospective  
          students can obtain these data from the ABA website itself,  
          which is searchable by school or, importantly for the purposes  
          of this bill, from the home page of the institution itself.   
          (  http://www.abarequireddisclosures.org/  )


          The ABA requires all of the required information to be posted  
          conspicuously and in a readily accessible location.  At a  
          minimum, a school website's home page must prominently display a  
          way to connect directly to each of the mandated disclosures that  
          is labeled, "ABA Required Disclosures."  The link must connect  
          the reader either to a place that provides all of the  
          disclosures or a direct link to each of them.  In addition, the  
          information must be available by a link featured prominently on  
          the main page for admissions/prospective students.  The  
          Employment Summary Reports must also be available by a link  
          featured prominently on the main page for career services.










                                                                    SB 1281


                                                                    Page  6





          California State Bar-accredited law schools.  The Bar oversees  
          25 registered, unaccredited law schools in the state and 17  
          accredited law schools in California that are not approved by  
          the ABA.  Under Guidelines promulgated by the State Bar, a  
          California Bar-accredited law school must include the following  
          statement, verbatim, in either its course catalog or student  
          handbook (electronic or hardcopy) and on a discrete page readily  
          accessible to the public found on the law school's website  
          entitled "Accreditation": 


            Study at, or graduation from, this law school may not qualify  
            a student to take the bar examination or be admitted to  
            practice law in jurisdictions other than California.  A  
            student who intends to seek admission to practice outside of  
            California should contact the admitting authority in that  
            jurisdiction for information regarding its education and  
            admission requirements.


          (  http://admissions.calbar.ca.gov/portals/4/documents/Education/20 
          13_01_10_Accredited_Law_School_Guidelines_R.pdf  )  In addition,  
          a California Bar-accredited law school must publish, on its  
          "Accreditation" Web page, "information relating to the pass  
          rates of its graduates on the ten most recent administrations of  
          the California Bar Examination."  The Bar requires this  
          information "to be published in one of the following ways:  i)  
          By  means of posting an active link to the California Bar  
          Examination "Statistics" page of the State Bar's website; or,  
          alternatively; ii) By means of posting the pass rates of its  
          graduates as those published on the State Bar's website."   
          (Guideline 2.3 (D), adopted effective January 1, 2013.)  The  
          Bar's guidelines do not require school-specific disclosures to  
          be provided on the schools' Web site.  ABA-accredited law  
          schools, on the other hand, are required to make standard  
          disclosures on their websites that enable prospective students  
          to make informed decisions about applying and attending the law  
          schools.









                                                                    SB 1281


                                                                    Page  7






          Unaccredited law schools.  These schools are required to  
          disclose the following information: the passage rates of  
          students who have taken the first-year law student's  
          examination; the passage rates of students who took the final  
          bar examination in the previous five years; the ratio of faculty  
          to students; and a statement that the education provided by the  
          school may not satisfy the requirements of other states for the  
          practice of law.  (Section 6061.)


          Requirements of this bill.  To ensure that prospective students  
          are able to make informed decisions about which law schools to  
          attend, this bill would require California Bar-accredited law  
          schools and unaccredited law schools to post information on  
          their Internet Web sites, including bar passage data, tuition,  
          fees, financial aid, admissions data, employment outcomes for  
          graduates, conditional scholarships, enrollment data, faculty  
          information, average class size for required courses, and the  
          number of clinical offerings.




          Analysis Prepared by:                                             
                          Alison Merrilees / JUD. / (916) 319-2334  FN:  
          0003418