BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 218
          AUTHOR:        Portantino
          INTRODUCED:    February 3, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 8, 2009
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Higher Education Accountability
          
           SUMMARY  

          This bill requires that the state establish an  
          accountability framework to biennially assess and report on  
          the collective progress of the state's system of  
          postsecondary education in meeting specified educational  
          and economic goals, and declares legislative intent that  
          the University of California (UC), the California State  
          University (CSU), the California Community Colleges (CCC)  
          and the private and independent colleges and universities  
          in California provide informational reporting for students  
          and parents, as specified.  

           BACKGROUND  

          AB 1417 (Pacheco, Statutes of 2004) required the Board of  
          Governors (BOG) of the CCC to provide recommendations  
          regarding the design of a structure for the annual  
          evaluation of district-level performance in meeting  
          statewide educational outcomes. The resulting  
          Accountability Reporting for the Community Colleges (ARCC)  
          is in the process of being implemented. The ARCC currently  
          contains data for a variety of indicators.  According to  
          the Chancellor's Office because the ARCC indicators have  
          unique definitions, they cannot be compared to indicators  
          generated for other states or by other studies of the CCC.   
           

          Both the CSU and the UC have entered into system-specific  
          "compacts" and then "partnerships" with the Governor to  
          ensure stable multi-year funding in exchange for a  
          commitment to deliver on specific performance measures. 





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           ANALYSIS
           
           This bill:  

          1)   Requires that the state establish an accountability  
               framework for the purpose of biennially assessing the  
               collective progress of the state's system of  
               postsecondary education in meeting specified  
               educational and economic goals.  Specifically it:



                    a)             Establishes principles to guide  
                    the development of the framework. 

                    b)             Requires the framework be used to  
                    measure progress towards specified goals by  
                    collecting and reporting information that answers  
                    the following six statewide policy questions:

                           i)                  Are enough  
                         Californians prepared for postsecondary  
                         education?

                           ii)     Are enough Californians going to  
                         college?

                           iii)    Is the state's postsecondary  
                         education system affordable to all  
                         Californians?

                           iv)     Are enough Californians  
                         successfully completing certificates and  
                         degrees?

                           v)                  Are college graduates  
                         prepared for life and work in California?

                           vi)     Are California's people,  
                         communities, and economy benefiting?

                    c)             Requires that the questions  
                    delineated in (b) be answered by collecting a  
                    select number of indicators of progress, not to  
                    exceed 30, and authorizes the collection of  
                    information to respond to 26 indicators  




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                    delineated in the bill.

                    d)             Establishes the California  
                    Postsecondary Education Commission (CPEC) as the  
                    central repository for collecting and maintaining  
                    all data for the framework and making data  
                    available in a statewide aggregate format,  
                    segmentally, and regionally.  Additionally it:

                           i)                  Requires the segments  
                         of higher education in California to provide  
                         CPEC data, as specified.

                           ii)   Requires the segments, to the extent  
                         possible, to rely upon existing data,  
                         information systems, reports and processes  
                         in providing the required data.

                    e)             Requires the collection of the  
                    indicators of progress by race, ethnicity,  
                    gender, Cal Grant recipient status, and  
                    socioeconomic status to the extent available and  
                    to be collected and maintained longitudinally  
                    where appropriate, and, to the extent possible,  
                    coordinated and aligned with other longitudinal  
                    data systems. 

                    f)             Requires the Legislative Analyst's  
                    Office (LAO) and the Department of Finance to  
                    jointly convene a Technical Advisory Committee  
                    (TAC) to coordinate the technical specifications  
                    of the indicator data needed to comply with the  
                    bill's provisions.  Specifically it:

                           i)                  Specifies the  
                         representation on the TAC to include segment  
                         representatives, California Postsecondary  
                         Education Commission (CPEC), the Office of  
                         the Secretary of Education, the Legislative  
                         Analyst's Office (LAO) (the chair of the  
                         Technical Advisory Committee (TAC)), up to  
                         three individuals (to be selected by the  
                         LAO) with expertise in similar state  
                         accountability efforts and who are not  
                         regular employees of any California  
                         postsecondary education segment,  and  




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                         authorizes the LAO to request technical  
                         input from a representative of any state  
                         agency that maintains data helpful in  
                         responding to the statewide policy  
                         questions.  

                           ii)     Requires the LAO, in consultation  
                         with the Department of Finance (DOF) to  
                         report its written findings and  
                         recommendations to the Governor, legislative  
                         policy committees, and the Joint Legislative  
                         Budget Committee (JLBC) by January 30, 2010.

                           iii)    Requires the LAO to consider any  
                         written concerns provided by the JLBC and/or  
                         Governor within 30 days of the release of  
                         its report, and, in consultation with DOF,  
                         to revise its report as it deems appropriate  
                         to respond to these concerns.

                           iv)     Declares legislative intent that,  
                         to the extent the Governor and Legislature  
                         concur with the LAO recommendations, the  
                         data and indicators be adopted by statute  
                         and authorizes their modification any year  
                         as part of the annual budget act. 

          2)   Establishes a reporting process for the information  
               collected under the framework.  Specifically it:

                    a)             Requires CPEC, beginning August 1,  
                    2010, and biennially thereafter, to provide the  
                    Legislature and the Governor with a summary  
                    report of information collected under the  
                    framework and requires copies be made available  
                    to the DOF, the Secretary of Education, and the  
                    governing body of each of the segments of higher  
                    education, as well as publicly available, as  
                    specified.  

                    b)             Requires the LAO, within 120 days,  
                    to provide an analysis of the data in the report  
                    assessing progress on the six questions,  
                    identifying factors explaining the level of  
                    progress, and identifying policy and funding  
                    issues for legislative consideration and to  




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                    present its report at a joint hearing of the  
                    appropriate legislative committees and budget  
                    subcommittees to be convened on or before  
                    December 30, 2010.

                    c)             Authorizes the governing boards of  
                    the public segments of higher education and the  
                    Association of Independent California Colleges  
                    and Universities to provide biennial reports at  
                    the joint hearing, as part of the accountability  
                    record and requires the reports to include: Each  
                    segment's priorities for the state's goal areas,  
                    major activity underway to address each priority,  
                    performance indicators used to track progress,  
                    major highlights or issues from the data, each  
                    segment's institutional goals for student  
                    learning outcomes and their assessment and use of  
                    assessments to improve learning, and a summary of  
                    activities undertaken to address; special state  
                    needs, programs to assist elementary and  
                    secondary students to meet placement and  
                    admission standards at each segment, programs  
                    implemented to provide professional development  
                    for new and practicing teachers, remediation  
                    efforts and outcomes, efforts to expand capacity  
                    to effectively and efficiently serve students,  
                    including the collaborative use of facilities  
                    across segments, distance learning, expanded  
                    operations, including quantifiable measures of  
                    increased productivity.

          3)   Defines the segments of postsecondary education to  
               include the California Community Colleges, the  
               California State University, the University of  
               California, and independent colleges and universities  
               and clarifies that they are represented by their  
               respective boards and by the Association of  
               Independent California Colleges and Universities, and  
               specifies that community college level reporting of  
               available information is only required of the  
               Chancellor of the California Community Colleges. 

          4)   Declares legislative intent that the UC, the CSU, the  
               CCC, and the private and independent colleges and  
               universities provide informational reporting for  
               students and parents that improve their understanding  




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               and comparison of postsecondary educational  
               institutions.  

          5)   Declares the following educational and economic goals  
               for California by 2020:

                    a)             That educational pipeline numbers  
                    improve sufficiently so that it is among the top  
                    10 states in the nation in this regard.

                    b)             That per capita income be at the  
                    average of the top 10 new economy states, as  
                    defined. 

                    c)             That it be in the top 10 states  
                    nationally for the percentages of its age groups  
                    with degrees and certificates conferred.  

          6)   Deletes existing CPEC accountability reporting  
               requirements and activities which would be replaced by  
               the higher education accountability framework  
               established by the bill.

           
          STAFF COMMENTS
           
              1)   Informational hearing  .  On January 31, 2007, the  
               Senate Education Committee held an informational  
               hearing on Higher Education Accountability.  National  
               experts testified on trends in higher education  
               accountability as well as California's specific  
               challenges in meeting the educational and economic  
               needs of its citizenry.  It was noted that while each  
               public segment of higher education in California  
               participates in system-specific accountability  
               efforts, there is a lack of meaningful data and  
               analysis to guide fiscal and policy decisions and to  
               assess the collective progress of the state's system  
               of postsecondary education in meeting the state's  
               educational and economic needs.  

               In 2002, the Senate commissioned a study of national  
               trends in higher education accountability.  The  
               resulting report: " An Accountability Framework for  
               California Higher Education: Informing Public Policy  
               and Improving Outcome," provided the initial framework  




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               for developing an integrated system of accountability  
               for higher education in California and is the basis  
               for this bill.   

              2)   Prior legislation  .  

               This bill is identical to SB 325 (Scott) which was  
               passed by the Legislature and vetoed by the Governor  
               in 2008.  The Governor's veto message read:
               
               While I respect the author's intent to establish a  
               statewide system of accountability for postsecondary  
               education and a framework to assess the collective  
               contribution of California's institutions of higher  
               education toward meeting statewide economic and  
               educational goals, this bill falls short in providing  
               any framework for incentives or consequences that  
               would modify behavior to meet any policy objectives.   
               I believe our public education systems should be held  
               accountable for achieving results, including our  
               higher education segments, and would consider a  
               measure in the future that provides adequate  
               mechanisms that will effectuate tangible gains in  
               student outcomes and operational efficiencies.
          
               SB 1331 (Alpert) passed by the Legislature and vetoed  
               by the Governor in 2004, would have established a  
               California Postsecondary Education Accountability  
               (CPSEA) structure to provide an annual assessment of  
               how the state is meeting identified statewide public  
               policy goals in higher education.  The Governor's veto  
               message read in pertinent part: 

               While I favor accountability for all levels of  
               education, this bill mainly establishes only a  
               reporting structure for four broad policy goals rather  
               than providing for outcomes, such as performance based  
               measures, historically associated with accountability  
               systems.
          

           SUPPORT 

          California Postsecondary Education Commission
          California State University





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           OPPOSITION

           None received.