BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 2
          AUTHOR:        Portantino
          AMENDED:       June 14, 2011
          FISCAL COMM:   Yes            HEARING DATE:  June 22, 2011
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           NOTE:    This bill has been requested by the Senate Rules 
          Committee.  A "do
                   pass" motion should include a referral to the 
          Committee on Senate 
                   Rules.  
           
          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.  
           




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          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. 

           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 




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                    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 
                    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 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 




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                         accountability efforts and who are not 
                         regular employees of any California 
                         postsecondary education segment,  and 
                         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, 2012.

                           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, 
                    2012, 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, 




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                    identifying factors explaining the level of 
                    progress, and identifying policy and funding 
                    issues for legislative consideration and to 
                    present its report at a joint hearing of the 
                    appropriate legislative committees and budget 
                    subcommittees to be convened on or before 
                    December 30, 2012.

                    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 




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               CCC, and the private and independent colleges and 
               universities provide informational reporting for 
               students and parents that improve their understanding 
               and comparison of postsecondary educational 
               institutions.  

          5)   Declares the Legislatures intent that the information 
               gathered under the framework be utilized by the 
               Governor and Legislature to establish clear and 
               measurable goals, as specified, establish timelines 
               for achieving these goals, and develop policy and 
               budget proposals, as specified for achieving these 
               goals.  Further it:

                    a)             Declares the Legislature's intent 
                    that the Governor convene a task force to review 
                    the framework and recommend any necessary 
                    modifications to goals and questions, and that 
                    the task force include specified membership.

                    b)             Declares the Legislature's intent 
                    that an advisory body to the task force be 
                    established to provide technical expertise and 
                    guidance and that include but not be limited to 
                    representatives from the public segments of 
                    postsecondary education and the Association of 
                    Independent California Colleges and Universities, 
                    LAO, DOF, legislative staff from appropriate 
                    policy committees, and CPEC, and that these 
                    members receive no compensation except for 
                    reimbursement of actual expenses for 
                    participation. 

          6)   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 




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                    with degrees and certificates conferred.  

          7)   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 
               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 almost identical to AB 218 (Portantino, 
               2009) which was heard and passed by this committee in 
               July 2009 by a vote of 8-1.  AB 219 was subsequently 
               held under submission in the Senate Appropriations 
               Committee. 

               This bill is also 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 




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                    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  

          Board of Governors of the California Community Colleges
          California Postsecondary Education Commission

           OPPOSITION

           None received.