BILL ANALYSIS
AB 2393
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2393 (Ammiano)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |49-27|(June 1, 2010) |SENATE: |21-16|(August 27, |
| | | | | |2010) |
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Original Committee Reference: HIGHER ED.
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, and requires remedies that could have been
ordered to redress a violation of the Former Private
Postsecondary and Vocational Education Act (Former Act) to
remain available for certain actions. 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
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 six months of passage of the National
Council of State Boards of Nursing Licensure Examination in a
position with job duties meeting all of the criteria of the
licensed occupation or job set forth by BRN.
3)Provides that a remedy that could have been ordered on or
Before June 30, 2007, to redress a violation of the Former Act
shall remain available for all actions based on a violation of
the Former Act that were commenced after June 30, 2007, and
AB 2393
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before January 1, 2010, except claims to the Student Tuition
Recovery Fund.
The Senate amendments made clarifying changes and added
clarifying language regarding remedies for student claims of
violations of the Former Act.
AS PASSED BY THE ASSEMBLY : The disclosure provisions contained
in this bill are substantially similar to the version that
originally passed the Assembly. Additionally, language
clarifying legal remedies was contained in AB 1889 (Portantino),
when it was approved by the Assembly on June 1, 2010.
FISCAL EFFECT : This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS : AB 48 (Portantino), Chapter 310, Statutes of 2009,
established the Act, created the Bureau within the 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.
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.
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 and
Professions Committee, which argued that the requirement would
be burdensome to students, who would have to report all of their
AB 2393
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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.
The Act extended the time period for students to file legal
claims against institutions that violated the Former Act,
allowing legal claims to continue to be filed through a normal
statute of limitations. This bill would ensure that the legal
remedies provided under the Former Act are also available to
students who filed claims for violations of the Former Act
between June 30, 2007, and January 1, 2010.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0006607