BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2393
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          ASSEMBLY THIRD READING
          AB 2393 (Ammiano)
          As Amended  April 22, 2010
          Majority vote 

           HIGHER EDUCATION    6-3         BUSINESS & PROFESSIONS            
            7-4                           
           
           ----------------------------------------------------------------- 
          |Ayes:|Block, Chesbro, Fong,     |Ayes:|Hayashi, Eng, Hernandez,  |
          |     |Galgiani, Portantino,     |     |Hill, Ma, Nava, Ruskin,   |
          |     |Ruskin                    |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Norby, Adams, Fuller      |Nays:|Emmerson, Conway, Niello, |
          |     |                          |     |Smyth                     |
           ----------------------------------------------------------------- 

           SUMMARY  :  Requires institutions subject to the Private  
          Postsecondary Education Act (Act) and the related oversight  
          provided by the Bureau for Private Postsecondary Education  
          (Bureau) to comply with placement rate calculations for  
          specified programs.  Specifically,  this bill  :  

          1)Provides that for the purposes of determining job placement  
            rates for an occupation or job for which the Division of  
            Apprenticeship Standards (DAS) has approved a certified  
            apprenticeship program, "graduates employed in the field"  
            means graduates gainfully employed for at least 60 days within  
            six months of graduation in a position with job duties meeting  
            all of the criteria of the apprenticeable occupation or job  
            set forth by DAS. 

          2)Provides that for the purposes of determining job placement  
            rates for an occupation or job for which the Board of  
            Registered Nursing (BRN) has established licensure  
            requirements, "graduates employed in the field" means  
            graduates who are gainfully employed for at least 60 days  
            within six months of graduation in a position with job duties  
            meeting all of the criteria of the licensed occupation or job  
            set forth by BRN.

           EXISTING LAW  :  AB 48 (Portantino), Chapter 310, Statutes of  
          2009, established the Act, created the Bureau within the  








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          Department of Consumer Affairs (DCA), and provided for Bureau  
          oversight and regulation of specified California private  
          postsecondary institutions.  AB 48 provides that for the  
          purposes of determining placement rates, "graduates employed in  
          the field" means graduates who are gainfully employed within six  
          months of graduation in a position for which the skills obtained  
          through the education and training provided by the institution  
          are required or provided a significant advantage to the graduate  
          in obtaining the position.

           FISCAL EFFECT  :  Unknown.  This bill has been keyed non-fiscal by  
          Legislative Counsel.

           COMMENTS :  Purpose of this bill:  According to the author, under  
          existing law, private postsecondary schools can report and  
          advertise successful job placement rates that may not accurately  
          reflect the placement rates for apprenticeship programs approved  
          by DAS or nursing programs licensed by BRN.  This bill is  
          intended to establish minimum requirements for the reporting of  
          successful placements for apprenticeship and nursing jobs.

          Narrowing the jobs that can be counted in placement rates:  This  
          bill would specify that for specific apprenticeship and nursing  
          programs, graduates counted as employed in the field must be  
          employed in positions or jobs with duties meeting criteria set  
          fort by DAS or BRN, as applicable.  Existing law requires, in  
          order to be counted towards placement rates, graduates be  
          employed in positions for which the skills obtained through the  
          education and training provided by the institution are required  
          or provided a significant advantage to the graduate in obtaining  
          the position.  The additional limitations on counting graduate  
          placements, as proposed in this bill, could ensure that  
          prospective students receive an accurate accounting of the  
          number of former graduates who gained employment in the actual  
          jobs for which they were trained. 

          Requiring graduates to be employed for 60 days:  This bill would  
          require that graduates counted as employed in nursing and  
          apprenticeship fields be employed for at least 60 days within  
          six months of graduation.  Existing law requires that graduates  
          be employed within six months of graduation but does not require  
          that the graduate remain employed for 60 days.  As initially  
          passed by the Assembly, AB 48 contained the 60 day requirement;  
          however, it was removed at the request of the Senate Business  








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          and Professions Committee, which argued that the requirement  
          would be burdensome to students, who would have to report all of  
          their job changes, and could result in harassment of students by  
          schools trying to obtain the data.  This bill would establish  
          different employment timeline standards for nursing and  
          apprenticeship placements versus other job placements.  
          
          Related legislation:  AB 1889 (Portantino), currently on the  
          Suspense File in the Assembly Appropriations Committee, would  
          provide for substantive changes and technical cleanup to the Act  
          including altering the definition of jobs and occupations that  
          can be included in placement rate calculations.
           

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

                                                                FN: 0004156