BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1138 (Liu) - California Postsecondary Education Commission 
          (CPEC) Data.
          
          Amended: May 2, 2012            Policy Vote: Education 8-0
          Urgency: No                     Mandate: No
          Hearing Date: May 24, 2012      Consultant: Jacqueline 
          Wong-Hernandez
          
          SUSPENSE FILE. AS PROPOSED TO BE AMENDED.

          
          Bill Summary: SB 1138 requires the California Department of 
          Education (CDE), in coordination with the state board of 
          education (SBE) to succeed specified data management 
          responsibilities which were previously the responsibility of the 
          CPEC. This bill further requires the California State University 
          (CSU) Board of Trustees and the Regents of the University of 
          California (UC) to provide reports on expenditures and financial 
          aid to the Legislature, and for the Legislative Analyst's Office 
          (LAO) to annually review and report to the Legislature its 
          findings, conclusions, or recommendations regarding the 
          implementation of policies implemented pursuant to the bill. 
          This bill codifies legislative intent that the segments refrain 
          from implementing new programs if CPEC is unable to perform its 
          program review responsibilities

          Fiscal Impact: 
              CDE data management: Approximately $400,000 - $500,000, 
              most of which would be on-going, for additional staff and 
              training. The CDE estimates it would require up to 3 
              technical staff to receive and manage data, and up to 2 
              professional staff for related activities authorized by the 
              bill, to the extent taken on by the CDE.
              Legislative intent: Creates cost pressure to reinstate CPEC 
              funding, since any new programs at the segments would 
              functionally be tied to CPEC being reinstated.

          Background: Existing law establishes the CPEC as the entity 
          responsible for coordinating public, independent, and private 
          postsecondary education in California and providing independent 
          policy analysis and recommendations to the Legislature and the 
          Governor on postsecondary education issues. It also requires the 








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          CPEC to act as a clearinghouse for postsecondary education 
          information and to serve as a primary source of information for 
          the Legislature, Governor, and other agencies. CPEC maintained a 
          comprehensive database that supported longitudinal studies of 
          individual students as they progressed through the state's 
          postsecondary educational institutions through the use of a 
          unique student identifier. 

          The Governor vetoed funding for CPEC in the 2011-12 Budget, 
          which resulted in the closure of the CPEC office in November 
          2011. Prior to its closure, the CPEC transferred its data 
          warehouse to the California Community Colleges (CCC) 
          Chancellor's Office where the existing data is being housed and 
          stored under an interagency agreement between the UC, CSU, and 
          the CCC. The CCC houses existing data, but has not been 
          collecting additional data nor taking on additional 
          responsibilities that CPEC had previously undertaken. CPEC's 
          statutory authority still exists, but the removal of all funding 
          has prevented its operation. 

          Proposed Law: This bill places new requirements on the CDE, UC, 
          CSU, CCC, and LAO. With regard to the CDE, this bill:
                    Requires the department, in coordination with the 
               SBE, to succeed CPEC's data management responsibilities. 
                    Requires the department to enter into an interagency 
               agreement with the CCC to continue its management of an 
               existing CPEC database. 
                    Gives the department the power to require 
               institutions of public post-secondary 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, as 
               specified.
          With regard to the UC and CSU, this bill:
                   Requires these segments to provide annual reports to 
               the LAO regarding expenditures of revenues derived from 
               student fees and uses of institutional financial aid, as 
               well as 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. 
                    Places them under the authority of the CDE for 








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               purposes of providing detailed programmatic and planning 
               information about the system, facilities, student body, and 
               administration, at the CDE's request.
          With regard to the LAO, this bill:
                    Requires the LAO to annually review and report to the 
               Legislature its findings, conclusions, or recommendations 
               regarding the implementation of policies implemented 
               pursuant to the bill. 
          Finally, this bill codifies legislative intent that the segments 
          refrain from implementing new programs if CPEC, or a successor 
          entity, is unable to perform its program review 
          responsibilities.

          Related Legislation: AB 2190 (Perez), establishes and provides 
          for the governance structure and responsibilities of a new 
          coordinating body, the California Higher Education Authority, to 
          replace the CPEC, transfers higher education data management 
          responsibilities to the Authority on or after July 1, 2013, and 
          authorizes the Authority to collect data on the cost of 
          education, as specified. This bill is currently on the Suspense 
          File of the Assembly Appropriations Committee.

          Staff Comments: This bill places new requirements on multiple 
          entities, each of which anticipate costs to fulfill this bill's 
          requirements. The CDE estimates requiring approximately $400,000 
          - $500,000 in the first year, for additional staff and training 
          on collecting and managing higher education data. Currently, the 
          CDE has very little formal interaction with the segments, and no 
          authority to compel them to share information. In future years, 
          the costs would reduce somewhat, after the CDE establishes its 
          processes and training for carrying out its new duties. Staffing 
          costs would, however, be on-going. The CDE would require up to 3 
          technical staff, and up to 2 professional staff.
          
          The UC estimates that the detailed annual reporting would cost 
          UC $1 million in the first year, because the UC does not 
          currently collect all of the types of information this bill 
          would require, nor disaggregates the data is does collect in the 
          ways required by this bill. The first year cost estimate 
          includes the staff time for .5 FTE at each of 10 campuses to 
          collect and report data not currently collected, and for a .5 
          FTE UC staff person to compile and report specified data to the 
          LAO. In future years, that cost would be reduced to $500,000.









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          The CSU data reporting: $95,000 annually in data collection 
          costs; CSU envisions that a single full-time employee will be 
          responsible for data collection at the campus level, and 
          required system-wide reporting. 

          This bill requires the LAO review the information submitted by 
          the segments and to annually report to the Legislature on its 
          findings, conclusions, or recommendations regarding the 
          implementation of these policies, and to assess the information 
          provided by the regents and the trustees pursuant to 
          subdivision. The LAO has indicated that if all of the 
          information is received from the segments, the review and report 
          could be completed within existing resources.

          This bill adds legislative intent language to CPEC statutes 
          regarding the review of segment programs, stating: "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." In other 
          words, until there is funding for CPEC activities (whether 
          carried out by CPEC or a successor) the segments should not 
          implement any new programs. This appears to include both 
          programs developed internally, and those currently being 
          proposed by this Legislature. Tying the implementation of new 
          programs to the funding for CPEC review activities creates cost 
          pressure to fund those CPEC responsibilities, so that the 
          segments can operate their programs. 

          Proposed Author Amendments: The proposed amendments would delete 
          the provisions requiring new data reporting by the segments to 
          the Legislature and the LAO, and the related LAO report.