BILL NUMBER: SB 1138 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 2, 2012
INTRODUCED BY Senator Liu
FEBRUARY 21, 2012
An act to amend Section 66903 of, to add Section 66027.8 to, and
to add and repeal Sections 33317.3 and 66903.5 of, the Education
Code, relating to educational data.
LEGISLATIVE COUNSEL'S DIGEST
SB 1138, as amended, Liu. Educational data: State Department of
Education: California Postsecondary Education Commission.
(1) Existing law establishes the State Department of Education,
under the administration of the Superintendent of Public Instruction,
to execute laws and policies relating to the public elementary and
secondary schools of the state. Numerous statutes require the
department to receive and maintain various forms of data.
Existing law establishes the California Postsecondary Education
Commission (CPEC) as the statewide postsecondary education
coordinating and planning agency, and provides for its functions and
responsibilities. Among other things, CPEC is required to act as a
clearinghouse for postsecondary education information and as a
primary source of information for the Legislature, the Governor, and
other agencies. CPEC is further required to develop and maintain a
comprehensive database that meets specified requirements relating to,
among other things, compatibility with other databases and sources,
accessibility, and protection of student privacy.
This bill would require, on and after January 1, 2013, that the
State Department of Education, in coordination with the State Board
of Education, succeed to the prescribed
data management responsibilities of CPEC with respect to the
comprehensive database referenced above, as specified.
These provisions would make these provisions inoperative
on July 1, 2013, and would repeal them be repealed
as of January 1, 2014 2015 .
(2) Existing law, known as the Donahoe Higher Education Act, sets
forth the missions and functions of the segments of public
postsecondary education in the state. The California State
University, which is governed by the Trustees of the California State
University (trustees), and the University of California, which is
governed by the Regents of the University of California (regents),
are 2 of the segments of public postsecondary education. The
provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act by
resolution to make them applicable.
Under existing law, the California State University and the
University of California are authorized to charge fees to students
attending their respective institutions.
The bill, commencing with the 2012-13 academic year, would require
the trustees and the regents to provide reports on expenditures and
financial aid to the Legislature, and the Legislative Analyst's
Office to annually review and report to the Legislature its findings,
conclusions, or recommendations regarding the implementation of
policies implemented pursuant to the bill.
Because the provisions of the bill would be added to the Donahoe
Higher Education Act, they would apply to the University of
California only to the extent that the regents act by resolution to
make them applicable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33317.3 is added to the Education Code, to
read:
33317.3. (a) Notwithstanding any other law:
(1) On and after January 1, 2013, the department, in coordination
with the state board, shall succeed to the data management
responsibilities related to receiving and holding individual
student data granted to the California Postsecondary Education
Commission pursuant to subdivision (m) of Section 66903. The
department may disclose, or dispose of, data it receives or maintains
under this section only as specifically authorized to do so in
subdivision (m) of Section 66903.
(2) Notwithstanding Section 66902, the department shall have power
to require the governing boards and the institutions of public
postsecondary education to submit data on plans and programs, costs,
selection and retention of students, enrollments, plant capacities,
and other matters pertinent to effective planning, policy
development, and articulation and coordination, and shall furnish
information concerning these matters to the Governor and to the
Legislature as requested by them.
(3)
(2) For the purpose of implementing this section, the
department shall enter into an interagency agreement with the
Chancellor's Off ice of the California Community
College Chancellor's Office to administer
Colleges for the purpose of updating and maintaining the
comprehensive database described in Section 66903.
(b) This section shall become operative on July 1, 2013, and as of
January 1, 2014, is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 66027.8 is added to the Education Code, to read:
66027.8. (a) Notwithstanding Section 10231.5 of the Government
Code, commencing with the 2012-13 academic year, the regents and the
trustees shall annually provide the Legislature, by February 1 of
each year, with detailed information regarding expenditures of
revenues derived from student fees and uses of institutional
financial aid, and shall provide information regarding the total cost
of education per student, categorized specifically by undergraduate
and graduate education costs, including fixed costs, variable costs,
administrative costs, instructional costs, and student services
costs. For purposes of meeting the requirements of this section, the
regents and the trustees may include this information in their
respective annual report on institutional financial aid pursuant to
Section 66021.1.
(b) Notwithstanding Section 10231.5 of the Government Code,
commencing with the 2012-13 academic year, the Legislative Analyst's
Office shall annually review, by March 1 of each year, institutional
compliance with the policies set forth in this article, and report,
in writing, to the Legislature its findings, conclusions, or
recommendations regarding the implementation of these policies. This
report shall include an assessment of the information provided by the
regents and the trustees pursuant to subdivision (a).
(c) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
SEC. 3. Section 66903 of the Education Code is amended to read:
66903. The commission has the following functions and
responsibilities in its capacity as the statewide postsecondary
education planning and coordinating agency and adviser to the
Legislature and the Governor:
(a) It shall require the governing boards of the segments of
public postsecondary education to develop and submit to the
commission institutional and systemwide long-range plans in a form
determined by the commission after consultation with the segments.
(b) It shall prepare a state plan for postsecondary education that
shall integrate the planning efforts of the public segments with
other pertinent plans. The commission shall seek to resolve conflicts
or inconsistencies among segmental plans in consultation with the
segments. If these consultations are unsuccessful, the commission
shall report the unresolved issues to the Legislature with
recommendations for resolution. In developing the plan, the
commission shall consider at least the following factors:
(1) The need for, and location of, new facilities.
(2) The range and kinds of programs appropriate to each
institution or system.
(3) The budgetary priorities of the institutions and systems of
postsecondary education.
(4) The impact of various types and levels of student charges on
students and on postsecondary education programs and institutions.
(5) The appropriate levels of state-funded student financial aid.
(6) The access and admission of students to postsecondary
education.
(7) The educational programs and resources of independent and
private postsecondary institutions.
(8) The provisions of this division differentiating the functions
of the public systems of higher education.
(c) It shall update the plan periodically, as appropriate.
(d) It shall participate in appropriate stages of the executive
and the legislative budget processes as requested by the executive
and the legislative branches, and shall advise the executive and the
legislative branches as to whether segmental programmatic budgetary
requests are compatible with the state plan. It is not intended that
the commission hold independent budget hearings.
(e) It shall advise the Legislature and the Governor regarding the
need for, and location of, new institutions and campuses of public
higher education.
(f) It shall review proposals by the public segments for new
programs, the priorities that guide them, and the degree of
coordination with nearby public, independent, and private
postsecondary educational institutions, and shall make
recommendations regarding those proposals to the Legislature and the
Governor. In the event that the commission is unable to perform its
responsibilities under this subdivision, it is the intent of the
Legislature that the public postsecondary segments refrain from
implementing new programs until the commission or a successor entity
is able to perform the review required by this subdivision.
(g) In consultation with the public segments, it shall establish a
schedule for segmental review of selected educational programs,
evaluate the program approval, review, and disestablishment processes
of the segments, and report its findings and recommendations to the
Legislature and the Governor.
(h) It shall serve as a stimulus to the segments and institutions
of postsecondary education by projecting and identifying societal and
educational needs and encouraging adaptability to change.
(i) It shall periodically collect or conduct, or both collect and
conduct, studies of projected manpower supply and demand, in
cooperation with appropriate state agencies, and disseminate the
results of those studies to institutions of postsecondary education
and to the public in order to improve the information base upon which
student choices are made.
(j) It shall periodically review and make recommendations
concerning the need for, and availability of, postsecondary programs
for adult and continuing education.
(k) It shall develop criteria for evaluating the effectiveness of
all aspects of postsecondary education.
( l ) It shall maintain and update annually an
inventory of all off-campus programs and facilities for education,
research, and community services operated by public and independent
institutions of postsecondary education.
(m) (1) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for the
Legislature, the Governor, and other agencies. It shall develop and
maintain a comprehensive database that does all of the following:
(A) Ensures comparability of data from diverse sources.
(B) Supports longitudinal studies of individual students as they
progress through the state's postsecondary educational institutions,
based upon the commission's existing student database through the use
of a unique student identifier.
(C) Is compatible with the California School Information System
and the student information systems developed and maintained by the
public segments of higher education, as appropriate.
(D) Provides Internet access to data, as appropriate, to the
sectors of higher education.
(E) Provides each of the educational segments access to the data
made available to the commission for the purposes of the database, in
order to support, most efficiently and effectively, statewide,
segmental, and individual campus educational research information
needs.
(F) Provides access to data that may include personally
identifiable information to state policy analysts and independent
researchers for public policy research and evaluation purposes, with
appropriate privacy protections consistent with paragraph (2).
(2) The commission, in implementing paragraph (1), shall comply
with the federal Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Sec. 1232g) relating to the disclosure of personally
identifiable information concerning students.
(3) The commission shall not make available any personally
identifiable information received from a postsecondary educational
institution concerning students for any regulatory purpose unless the
institution has authorized the commission to provide that
information on behalf of the institution.
(4) The commission shall provide 30-day notification to the
chairpersons of the appropriate policy and budget committees of the
Legislature, to the Director of Finance, and to the Governor prior to
making any significant changes to the student information contained
in the database.
(n) It shall establish criteria for state support of new and
existing programs, in consultation with the public segments, the
Department of Finance, and the Joint Legislative Budget Committee.
(o) It shall comply with the appropriate provisions of the federal
Education Amendments of 1972 (Public Law 92-318), as specified in
Section 67000.
(p) It shall consider the relationship among academic education
and vocational education and job training programs, and shall
actively consult with representatives of public and private
education.
(q) It shall review all proposals for changes in eligibility pools
for admission to public institutions and segments of postsecondary
education, and shall make recommendations to the Legislature, the
Governor, and institutions of postsecondary education. In carrying
out this subdivision, the commission periodically shall conduct a
study of the percentages of California public high school graduates
estimated to be eligible for admission to the University of
California and the California State University. The changes made to
this subdivision during the 2001-02 Regular Session of the
Legislature shall be implemented only during those fiscal years for
which funding is provided for the purposes of those provisions in the
annual Budget Act or in another measure.
(r) It shall report periodically to the Legislature and the
Governor regarding the financial conditions of independent
institutions, their enrollment and application figures, the number of
student spaces available, and the respective cost of utilizing those
spaces as compared to providing additional public spaces. The
reports shall include recommendations concerning state policies and
programs having a significant impact on independent institutions.
(s) Upon request of the Legislature or the Governor, it shall
submit to the Legislature and the Governor a report on all matters so
requested that are compatible with its role as the statewide
postsecondary education planning and coordinating agency. Upon
request of individual Members of the Legislature or personnel in the
executive branch, the commission shall submit information or a report
on any matter to the extent that sufficient resources are available.
From time to time, it also may submit to the Legislature and the
Governor a report that contains recommendations as to necessary or
desirable changes, if any, in the functions, policies, and programs
of the several segments of public, independent, and private
postsecondary education.
(t) In consultation with the public segments, it shall consider
the development of facilities to be used by more than one segment of
public higher education, commonly called "joint-use facilities." It
shall recommend to the Legislature criteria and processes for
different segments to utilize bond funds for these intersegmental,
joint-use facilities.
(u) It may undertake other functions and responsibilities that are
compatible with its role as the statewide postsecondary education
planning and coordinating agency.
SEC. 4. Section 66903.5 is added to the Education Code, to read:
66903.5. (a) Notwithstanding any other law:
(1) On and after January 1, 2013, the State Department of
Education, in coordination with the State Board of Education, shall
succeed to the data management responsibilities related to
receiving and holding individual student data granted to the
commission pursuant to subdivision (m) of Section 66903. The State
Department of Education may disclose, or dispose of, data it receives
or maintains under this section only as specifically authorized to
do so in subdivision (m) of Section 66903.
(2) Notwithstanding Section 66902, the department shall have power
to require the governing boards and the institutions of public
postsecondary education to submit data on plans and programs, costs,
selection and retention of students, enrollments, plant capacities,
and other matters pertinent to effective planning, policy
development, and articulation and coordination, and shall furnish
information concerning these matters to the Governor and to the
Legislature as requested by them.
(b) This section shall become inoperative on July 1, 2013, and as
of January 1, 2014, is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.