BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 721|
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                                 THIRD READING


          Bill No:  SB 721
          Author:   Lowenthal (D)
          Amended:  1/4/12
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 1/11/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Simitian, Vargas
          NO VOTE RECORDED:  Runner, Price, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 1/17/12
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Steinberg
          NO VOTE RECORDED:  Runner


           SUBJECT  :    California postsecondary education:  state 
          goals

           SOURCE  :     Author


           DIGEST  :    This bill establishes statewide goals for 
          guiding budget and policy decisions in higher education, 
          requires that the Legislative Analyst Office (LAO) convene 
          a working group, as specified, to develop and recommend 
          specific metrics for measuring progress toward these goals, 
          and requires the LAO, beginning in 2014 and as part of the 
          annual budget process, to annually report on and present an 
          assessment of progress toward the statewide goals and 
          recommendations for legislative action.

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           ANALYSIS  :    Existing law establishes the Donahoe Higher 
          Education Act which outlines the laws under which 
          postsecondary education institutions operate in California.

          Within the Donahoe Act, existing law establishes findings 
          and declarations based on the periodic review of the Master 
          Plan for Higher Education by the Legislature.  Existing law 
          declares the intent of the Legislature to outline, in 
          statute, clear, concise, statewide goals and outcomes for 
          effective implementation of the Master Plan, attuned to the 
          public interest of the people and the State of California, 
          and to expect the system, as a whole, and the higher 
          education segments to be accountable for attaining those 
          goals.  Consistent with the spirit of the original master 
          plans and subsequent updates, it is the intent of the 
          Legislature that the governing boards be given ample 
          discretion in implementing policies and programs necessary 
          to attain those goals.

          This bill establishes statewide goals for guiding budget 
          and policy decisions in higher education.  Specifically, 
          this bill:

          1.Outlines the following three goals for guiding budget and 
            policy decisions in higher education:

             A.    Improved student success, to include, but not be 
                limited to, greater participation by demographic 
                groups that have participated at lower rates, greater 
                completion by all students and improved outcomes for 
                graduates.

             B.    Better alignment of degrees and credentials 
                awarded with the state's workforce and civic needs.

             C.    Increased efficiency so that desired postsecondary 
                education outcomes can be achieved within a given 
                resource level while maintaining high quality.

          2.Requires that metrics toward these goals be developed 
            with the assistance of a working group to be convened by 
            the LAO.  In addition, the bill:

             A.    Outlines the make-up of the working group to 

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                include postsecondary education segment 
                representatives, the Department of Finance (DOF), one 
                to three members with expertise in state 
                accountability who are unaffiliated with any of the 
                segments of higher education, other relevant state 
                agency representatives, as identified by the LAO.

             B.    Requires the working group to develop at least six 
                and no more than 12 measures derived from publicly 
                available data sources and requires that these 
                measures be able to be disaggregated and reported by 
                gender, race/ethnicity, income, age group, and 
                full-time/part-time enrollment, where appropriate and 
                applicable.

             C.    Requires the LAO, in consultation with DOF, to 
                submit a report on the recommended metrics to be 
                collected and reported to legislative policy and 
                budget committees and the Governor by January 31, 
                2013.

          3.Requires the LAO:

             A.    Beginning September 30, 2013, to annually and 
                publicly report statewide performance on each of the 
                bills adopted by the Legislature.

             B.    Beginning January 2014, to annually report and 
                present, as part of the budget hearing process, its 
                own assessment of progress toward the statewide goals 
                and recommendations for legislative action.  
                Specifically, the bill requires the LAO to:

                (1)      Assess the level of progress and outcomes 
                   achieved.

                (2)      Identify significant factors that may 
                   explain the level of progress/outcomes.

                (3)      Identify higher education policy and funding 
                   issues suggested by the bills for consideration 
                   Governor and Legislature.

          4.Defines the segments of postsecondary education, for 

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            purposes of the bill, to include the California Community 
            Colleges, the California State University, the University 
            of California, the independent colleges and universities, 
            and proprietary postsecondary institutions.

          5.Declares the Legislature's intent to:

             A.    Identify, define and formally adopt appropriate 
                metrics, based upon the LAO recommendations, to be 
                used for the purpose of monitoring progress toward 
                the state goals.

             B.    Promote progress toward the goals through budget 
                and policy decisions within higher education.

             C.    Use the reporting system established per the 
                bill's provisions to help ensure the effective and 
                efficient use of whatever funding is provided to 
                higher education.

           Comments

          Need for the bill  .  In 2001, 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 and integrated system of 
          accountability for higher education in California and was 
          the basis for several legislative efforts to implement such 
          a framework from 2004 to 2011.
           
           On January 31, 2007, the Senate Education Committee held an 
          information 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.

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          In its 2010 publication,  The Master Plan at 50:  Greater 
          Than the Sum of Its Parts - Coordinating Higher Education 
          in California  , the LAO recommended, among other things, 
          that the Legislature work with the administration and 
          others to adopt a clear public agenda for higher education, 
          with specific and focused statewide goals that could serve 
          as the framework for an accountability system designed to 
          align higher education performance with the state's needs.  
          According to the LAO, California, which set the gold 
          standard for higher education planning in 1960, now stands 
          alone among sizeable states in its lack of established 
          goals, a statewide plan, and an accountability system for 
          higher education.

          Consistent With Most Recent LAO Recommendations.  On 
          January 6, 2012, the LAO issued a report,  Improving Higher 
          Education Oversight  , in response to budget supplemental 
          report language requested by the Legislature as a result of 
          the Governor's proposal, and subsequent action, to 
          eliminate funding for the California Postsecondary 
          Education Commission (CPEC).  In its report, the LAO notes 
          the need to protect the public interest, as insufficient 
          oversight could allow state priorities to be subordinated 
          to those of the institutions and other interests, and 
          cites, as its foremost recommendation, that the Legislature 
          articulate the state's postsecondary education needs 
          through the setting of specific goals or identification of 
          key areas or outcomes of interest to the state.  In 
          addition, the report recommends that the Legislature 
          delegate technical decisions about specific measures and 
          reporting protocols to a technical working group with 
          representatives from the administration, legislative staff, 
          the segments, and independent researchers with experience 
          in higher education performance measurements.  The 
          provisions of this bill are consistent with these 
          recommendations.

           Related Budget Proposal  .  Previously, the University of 
          California and the California State University have entered 
          into system-specific "compacts" and then "partnerships" 
          with California's Governors in an effort to ensure stable 
          multi-year funding in exchange for a commitment to deliver 
          on specific performance measures.  While the budget process 

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          allows for legislative input into thee 
          "compacts/partnerships," these agreements were developed 
          independent of the Legislature.

          The Governor's proposed 2012 Budget notes that one 
          significant component of the Administration's long-term 
          plan for higher education involves annual General Fund 
          augmentations contingent upon each institution achieving 
          the Administration's priorities including improvements in 
          specific accountability metrics, such as graduation rates, 
          time to completion, transfer students enrolled, faculty 
          workload, and, for community colleges, successful credit 
          and basic skills course completion.  Consistent with this 
          objective, this bill proposes statewide goals, to be 
          adopted by the Legislature and endorsed by the Governor, 
          and creates a process whereby the Legislature and the 
          Administration can collaboratively identify the specific 
          metrics to assess progress towards priorities for higher 
          education.

           Parallel National Efforts  .  There has been a growing trend 
          toward state accountability systems for higher education 
          using different approaches and indicators.  Nearly all 
          states (including Tennessee, Texas, Illinois, Ohio, 
          Florida, and Washington) have some form of mandated 
          statewide accountability program for higher education that 
          includes goals, performance measures, and various degrees 
          of performance funding.

          In addition, the National Governors Association (NGA), a 
          bipartisan organization of the nation's governors that 
          identifies priority issues and deals collectively with 
          matters of public policy and governance at the state and 
          national levels recently adopted its Complete to Compete 
          Initiative under which the NGA proposes to:

          1.Raise national awareness of the need to increase college 
            completion and productivity.

          2.Create a set of common higher education completion and 
            productivity measures for governors to use to monitor 
            state progress.

          3.Develop a series of best practices and a list of policy 

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            actions governors can take to achieve increased college 
            completion.

          4.Provide grants to states to design policies and programs 
            that increase college completion and improve higher 
            education productivity.

           Related Master Plan Review Findings  .  The original Master 
          Plan for Higher Education was approved in principle by the 
          Regents of the University of California and the State Board 
          of Education (which at that time governed the CSU and the 
          California Community Colleges �CCC]) on December 18, 1959, 
          and was submitted to the Legislature in February 1960.  A 
          special session of the 1960 Legislature passed the Donahoe 
          Higher Education Act, which included many of the Master 
          Plan recommendations.  For various reasons, many of the key 
          aspects of the Master Plan were never enacted into law 
          although agreed to by the public higher education segments 
          and the State.

          Reviews of the Master Plan have been conducted by the 
          Legislature (and occasionally by blue-ribbon commissions) 
          about once a decade since the 1970s.  Major legislative 
          reviews of the Master Plan were conducted in the early 
          1970s and the late 1980s.  A more expansive legislative 
          review of the Master Plan, encompassing K-12 and higher 
          education (as well as Pre-K education), began in 1999 and 
          recommendations were adopted in 2002.  Most recently, ACR 
          65 (Ruskin), Resolution Chapter 106, Statutes of 2009, 
          created a joint committee to review the Master Plan for 
          Higher Education.  The committee held several informational 
          hearings and convened working groups to identify potential 
          legislation solutions to issues raised in these hearings.  
          As reflects in ACR 184 (Ruskin), Resolution Chapter 163, 
          Statutes of 2010, the review resulted in the following 
          related findings:

          1.There is no articulated, comprehensive statement of goals 
            for California's system of higher education.

          2.The Master Plan articulates values but not a set of 
            public policy goals based upon the outcomes required to 
            meet the needs of our state and our people.


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          3.The lack of goals makes it difficult to develop sound 
            systems of criteria for advancement or clear systems of 
            accountability.

          4.The establishment of statewide goals for California 
            higher education attuned to the public interest of the 
            people and the State of California will enable increased 
            accountability across the entire system and within 
            segments.

          System Level Activity/Efforts.  Each of the segments has 
          undertaken efforts to ensure its ability to meet future 
          student and state needs:

          1.In 2010, the Regents of the UC adopted a report by its 
            Commission on the Future to address how UC can maintain 
            access, quality and affordability in a time of 
            diminishing resources.

          2.In 2009, the CSU adopted a ten-year strategic plan, 
            Access to Excellence that identifies priorities for 
            attention for policy-makers and the broad public in order 
            to meet California's educational needs.

          3.The Commission on the Future of the Community College 
            League of California issued its  2020 Vision for Student 
            Success in 2010  .  The Board of Governors (BOG) of the 
            CCC, pursuant to SB 1143 (Liu), Chapter 409, Statutes of 
            2010, is currently reviewing the recommendations of the 
            Task Force for Student Success for potential adoption by 
            the BOG.  Both of these efforts to identify policy, 
            statutory, and regulatory changes that can promote the 
            success of California's community college students.

          While consistent with the segmental accountability approach 
          which California has traditionally relied upon, these 
          efforts do not combine to measure how California's students 
          perform as a whole nor do they reflect a statewide approach 
          to higher education policy planning.

           Prior Legislation  .  This bill reflects the most recent 
          evolution of several legislative efforts to highlight the 
          need for and develop an integrated system of accountability 
          for higher education in California.  Related legislative 

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          efforts include:

          AB 1901 (Ruskin), Chapter 201, Statutes of 2010, codified 
          the findings and principles that emerged from the 2010 
          Review of the Master Plan for Higher Education and declared 
          the Legislature's intent to statutorily outline clear, 
          concise, statewide goals and outcomes for effective 
          implementation of the Master Plan for Higher Education and 
          the expectation of the higher education system as a whole 
          to be accountable for attaining those goals.

          AB 2 (Portantino), 2011-12 Session, and AB 218 
          (Portantino), 2009-10 Session, essentially identical bills, 
          required 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.  Both 
          bills were heard and passed by the Senate Education 
          Committee and were subsequently held under submission in 
          the Senate Appropriations Committee.

          SB 325 (Scott), also nearly identical to AB 2 and AB 218, 
          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 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), 2003-04 Session, 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 

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          higher education.  The bill was passed by both houses of 
          the Legislature, but was ultimately vetoed by the Governor. 
           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."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions             2012-13            2013-14          
             2014-15             Fund

           LAO working group                -- Minor and absorbable -- 
                           General

          Metrics                           Potential cost pressure 
          to the extent the        General
                                                 metrics change 
          funding priorities

           SUPPORT  :   (Verified  1/18/12)

          California Community Colleges

           ARGUMENTS IN SUPPORT  :    In support, the California 
          Community Colleges states, "We believe this measure will 
          bring focus and clarity to key state priorities in higher 
          education and will ensure that all segments of 
          postsecondary education are working toward common goals."


          CPM:cm  1/18/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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