BILL ANALYSIS �
AB 851
Page 1
Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 851 (Nestande) - As Amended: March 14, 2011
SUBJECT : Distance learning.
SUMMARY : Establishes a definition for a "distance learning
course" for public postsecondary education and requires the
California State University (CSU) and the California Community
Colleges (CCC), and requests the University of California (UC),
to report specified data regarding distance education courses
and programs. Specifically, this bill :
1)Defines "distance learning course" to mean a course where a
majority of the instruction is delivered by the Internet,
television, or other means in which the student and instructor
are in different locations and instruction is delivered
through the use of technology.
2)Requires CSU and CCC, and requests the UC, by January 1, 2014,
and every two years thereafter, to report to the Legislature
on workload and key performance data on distance learning
including the number of students enrolled at each campus
categorized by the type of delivery method for the distance
learning course, completion rates for distance learning
courses, and program completion rates for degree programs that
include exclusively distance learning courses. Requires the
data to be made available by student demographics such as age,
gender, and ethnicity.
3)Requires the California Virtual Campus (CVC) and CSU to report
to the Legislature on the California Online Program Planner
project by July 1, 2012, and to provide an updated report on
July 1, 2013.
4)Requires CCC and CSU to report to the Legislature by January
1, 2013, on the feasibility of developing accelerated
associate's and bachelor's degree completion programs
consisting of distance learning courses, aimed at students who
started college but never obtained a degree. Requires an
updated report on July 1, 2013.
5)Requires, by November 1, 2011, the Legislative Analyst's
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Office (LAO) to convene a task force composed of members of
the Legislature and members of the Administration to identify
the needed steps to establish the Western Governors University
(WGU) and requires the task force to report to the Legislature
on findings and recommendations by November 1, 2012.
6)Repeals the provisions of this bill on January 1, 2018.
EXISTING LAW : Establishes a California Distance Learning Policy
to set forth guiding goals and principles for the use of
technology in California postsecondary education. Establishes
the California Virtual Campus pursuant to funding provided to
the CCC BOG to, among other responsibilities, enhance awareness
and utilization of online courses of study.
FISCAL EFFECT : Unknown
COMMENTS : Background : Distance learning generally refers to
instruction in which faculty and students are in separate
locations and communicating using technology. Most distance
learning is delivered over the internet or with television. In
California, the main providers of distance learning are private
for-profit colleges and CCC. CSU also offers some instruction
using distance education; however, UC use of distance education
is limited. Distance education has experienced tremendous
growth in recent years. According to estimates, approximately
4.6 million students (about one-quarter of total enrollments)
nationwide took at least one course online at their college or
university in the fall of 2008. According to information
compiled by the LAO in 1999-00, about 115,000 students in the
CCC system took at least one class via distance education (out
of a system-wide headcount of 2.5 million). By 2009-10, over
600,000 CCC students were taking distance education courses, out
of a system-wide headcount of 2.8 million.
Purpose of this bill : According to the author, this bill seeks
to increase college access to those that are unable to
participate in traditional classroom college instruction and/or
who find distance learning to be a better option. The
provisions of this bill are based on the recommendations
contained in the recent LAO report, "Using Distance Education to
Increase College Access and Efficiency."
Defining distance education : According to LAO, there is no
common definition of distance learning among California's public
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postsecondary institutions, making it impossible for the
Legislature and segments to measure workload and track
enrollment trends. This bill would establish a definition
similar to that already used by the CCC, where a majority of the
instruction is delivered through the use of technology where the
student and instructor are in different locations. Committee
staff notes that based on the background provided by the author
this definition appears intended solely for the use of distance
learning data collection and reporting. Additionally, AB 626
(Blumenfield) set for hearing in this Committee on April 12,
2011, establishes a definition for a slightly different
definition for distance learning. Committee staff recommends
the following:
66942. (a) For the purposes of data collection and reporting
by the California Community Colleges, the California State
University and the University of California As used in this
section , "distance learning course" means a course conducted
with where a majority of the instruction al content is
delivered by the Internet, television, or other means in which
the student and instructor are in when faculty and students
are in different locations and instruction is delivered
through the use of technology.
Committee staff notes that UC has expressed concern that hybrid
course offerings are not easily categorized and has requested
amendments to provide institutions the right to determine a
distance learning course when the course includes face-to-face
instruction. However, Committee staff notes that allowing
institutions to individually determine distance learning courses
appears to undermine the intent of the bill to create a standard
definition that would allow comparisons across segments and
campuses. Committee staff suggests that the author and UC
continue working together on these issues as the bill moves
forward.
Reporting requirements : This bill contains significant
reporting requirements for CCC, CSU and UC that could prove
costly in terms of staff time and resources. In response to
California's budget shortfall, estimated at $26.6 billion, all
three of the state's public postsecondary education segments
face significant reductions. CCC will see a $400 million
unallocated reduction to apportionments and a student fee
increase of $10 per unit. CSU and UC each face a reduction of
$500 million. To address concerns about the cost of CCC, CSU,
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and UC compliance with the reporting requirements of this
proposal, the author has agreed to the following:
1)Remove the requirement that CVC and CSU report on the
California Online Program Manager (page 2, line 23 - page 3,
line 3).
2)Remove the requirement that CCC and CSU report on the
feasibility of accelerated associate's and bachelor's degree
completion programs (page 3, lines 4-9).
WGU : The WGU is an accredited, nonprofit, online private
university based in Utah that was founded by the governors in 19
western states in the 1990's. Indiana has formed a partnership
under which WGU operates a virtual branch in Indiana, and the
state allows residents to apply for financial-aid toward
attendance at WGU. This bill would require the LAO to convene a
task force by November 1, 2011, to identify steps toward the
establishment of a WGU California. Recommendations are required
by November 1, 2012. This bill currently requires task force
representatives to include the Legislature and the
Administration. Committee staff suggests including
representatives from the Western Association of Schools and
Colleges on the task force, and requiring the task force to
consult with California's public higher education segments and
the California Postsecondary Education Commission. Assuming
this bill will take effect January 1, 2012, the start date for
the task force, November 1, 2011, is prior to the implementation
of this legislation. Committee staff suggests this date be
adjusted accordingly. To ensure that any future partnership
with WGU not undermine California's historic commitment to
public higher education, Committee staff recommends intent
language clarifying that WGU be established as a self-supporting
institution. Committee staff recommends the following
amendments:
66942. (e) (1) By November 1 February 1, 2012, the Legislative
Analyst shall convene a task force composed of members of the
Legislature , and members of the administration , and
representatives of the Western Association of Schools and
Colleges to identify the steps needed to establish the
Western Governors University, California. The task force
shall consult with the University of California, the
California State University, the California Community Colleges
and the California Postsecondary Education Commission.
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(2) It is the intent of the Legislature that the task force
evaluates the establishment of Western Governors University,
California as a degree-granting institution that is
self-supporting and that does not receive state funding. This
provision is not intended to preclude the task force from
evaluating Western Governors University, California as a
potential qualifying institution for the purposes of
California's student financial aid programs .
(3) (2) By November 1, 2012 February 1, 2013, the task force
convened pursuant to this subdivision shall report to the
Legislature on the findings and recommendations of the task
force.
REGISTERED SUPPORT / OPPOSITION :
Support
Ed Voice
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960