BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1237
                                                                  Page  1

          Date of Hearing:   January 10, 2012

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                   AB 1237 (Nestande) - As Amended:  March 31, 2011
           
          SUBJECT  :   Postsecondary education: finance: remedial 
          instruction.

           SUMMARY  :   Finds and declares that state General Funds that do 
          not count toward the Proposition 98 minimum guarantee shall not 
          be appropriated for remedial instruction at the University of 
          California (UC) and California State University (CSU) and 
          authorizes the appropriation of Proposition 98 funds from K-12 
          instruction to the California Community Colleges (CCC) for the 
          purposes of remedial instruction for UC and CSU students.  
          Specifically,  this bill finds and declares  :  

          1)California high school graduates should be prepared for credit 
            coursework at UC and CSU. 

          2)Only General Fund moneys that count toward the Proposition 98 
            minimum guarantee shall be appropriated to support remedial 
            instruction in secondary education coursework.

          3)General Fund moneys that do not count toward the Proposition 
            98 minimum guarantee shall not be appropriated for purposes of 
            supporting remedial instruction of college students in 
            coursework that is required prior to enrollment in coursework 
            offered for college credit by UC or CSU.

          4)Funds that may otherwise be appropriated to school districts 
            for K-12 instruction under the Proposition 98 minimum 
            guarantee may instead be appropriated to CCC districts to fund 
            remedial instruction of CCC students who are provisionally 
            accepted to UC or CSU, for purposes of completing academic 
            coursework that is required prior to enrollment in coursework 
            offered for college credit.

           EXISTING LAW  :

          1)Expresses legislative intent with respect to the determination 
            of standards and criteria for admission to UC and CSU.  
            (Education Code � 66205)









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          2)Requires that a minimum amount of funding be applied for the 
            support of the public school system and CCC districts based on 
            a calculation made each fiscal year pursuant to one of the 
            three specified tests that is applicable to that fiscal year.  
            (Article XVI, Section 8 of the California Constitution)

           FISCAL EFFECT  :   Unknown.  This bill is keyed nonfiscal by 
          Legislative Counsel.

           COMMENTS  :   This bill is double-referred to the Assembly 
          Education Committee, where issues related to the appropriation 
          of K-12 Proposition 98 funds are more appropriately discussed.

           Effect of this bill  .  Since General Funds are expended in the 
          annual budget act, this bill is a statement of legislative 
          intent and has no force of law.

           Need for this bill  .  According to the author, "At a time when 
          the Legislature and Governor have been forced to enact $1 
          billion in non-Proposition 98 General Fund cuts to higher 
          education, this bill provides an opportunity to revisit the 
          question if it's appropriate to require or even allow the CSU 
          and UC to use non-Proposition 98 funding for high-school 
          coursework.  The remaining General Funds no longer being used to 
          support remediation could instead be redirected to offset 
          faculty layoffs, other instructional program cuts, or even be 
          redirected to other areas of the State's General Fund budget."

           Background  .  UC and CSU evaluate newly admitted students to 
          determine whether they are prepared for college-level work.  
          According to a March 2011 issues brief by the Legislative 
          Analyst's Office, of regularly admitted CSU freshmen in 2009, 
          about 58% were unprepared for college-level writing or math or 
          both.  UC freshmen remediation needs have declined slightly in 
          recent years; in 2010, about 26% of regularly admitted freshmen 
          arrived unprepared for college-level writing.  According to a 
          survey by the CCC Chancellor's Office, about 85% of incoming CCC 
          students arrive unprepared for college-level work in math, and 
          about 70% arrive unprepared for college-level English.

          1)UC does not have a systemwide math requirement or placement 
            exam but does have a reading and writing proficiency 
            requirement for incoming freshman, the Entry Level Writing 
            Requirement (ELWR).  Students may satisfy the ELWR in a number 
            of ways.  For example, prior to enrollment a student may 








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            satisfy the requirement through passage of the UC Analytical 
            Writing Placement Exam (formerly called the Subject A 
            Examination), by attaining an acceptable score on another 
            approved test of Writing, or by earning at least three 
            semester credits or four quarter units of transferable college 
            credit in English composition.  UC does not consider ELWR a 
            remedial course.  Academic proficiency varies significantly 
            among UC campuses.

          2)CSU students who do not demonstrate proficiency must pass the 
            appropriate precollegiate (commonly called "remedial") courses 
            within one year of admission.  CSU will begin implementation 
            of new remediation requirements, called Early Start, beginning 
            in fall 2012.  Under Early Start, entering freshmen who are 
            not proficient in math or "at risk" in English will need to 
             start  the remediation process before their first term.  By 
            2014 students will need to have started their work on becoming 
            ready for college-level English.  Students will be given a 
            menu of options to determine the best approach for them to 
            start their remedial instruction, include such things as 
            senior year high school courses, courses offered in the summer 
            at any one of their local CCC or CSU campuses and online 
            courses, to name a few.

          3)CCC students are encouraged to take assessment exams but are 
            not required to enroll in remedial courses.

           Can or should CCC meet all postsecondary student remediation 
          needs  ?  The Committee may wish to consider if it is best to 
          endorse completely precluding UC and CSU from providing 
          remediation.  There may be instances when it is more 
          cost-effective for the state and beneficial to the student to 
          receive remedial instruction at the student's UC or CSU campus.  
          At a time when CCCs are reducing course offerings and limiting 
          access, can CCC realistically meet all UC and CSU student 
          remediation needs, and by doing so will this reduce access to 
          another student for whom CCC is the only public educational 
          option?  

           Previous legislation  .  SB 618 (Dutton, 2009), which was never 
          heard in the Senate, expressed legislative intent to hold the 
          public elementary and secondary education system responsible for 
          adequately preparing its pupils for coursework at UC and CSU 
          without the need to take remedial education courses.  AB 2631 
          (Firestone, 1996), which failed passage on the Assembly Floor, 








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          would have allowed the K-12 Proposition 98 apportionment to be 
          offset for the costs of remedial instruction in English or 
          mathematics provided at UC, CSU or CCC.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          EdVoice

           Opposition 
           
          California State University

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916) 
          319-3960