BILL ANALYSIS                                                                                                                                                                                                    �



                                                                AB 46
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 46 (Pan)
        As Amended  August 5, 2014
        Majority vote
         
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        |ASSEMBLY: |     |(April 18,      |SENATE: |23-11|(August 18, 2014)    |
        |          |     |2013)           |        |     |                     |
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                           (vote not relevant)

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        |COMMITTEE VOTE:  |7-3  |(August 25, 2014) |RECOMMENDATION:  |concur    |
        |(Higher Ed.)     |     |                  |                 |          |
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        Original Committee Reference:    HIGHER ED.  

         SUMMARY  :  Requires the California State University (CSU) Trustees  
        to make specified information on matriculated CSU students enrolled  
        in online courses available to the Academic Senate.  

         The Senate amendments  delete the Assembly version of this bill, and  
        instead:

        1)Requires the CSU Trustees, while complying with applicable  
          privacy laws, to make available to the CSU Academic Senate and to  
          campus academic senate upon request, all of the following  
          information:

           a)   The number of students enrolled in online courses;

           b)   With respect to each major course of study, the course  
             completion rates for online courses and for courses other than  
             online courses;

           c)   The grades earned by each student enrolled in an online  
             course;

           d)   The course completion rates for students who are enrolled  
             in online courses;

           e)   Any data available relating to a student's use of  
             university resources in connection with online coursework,  
             including, but not necessarily limited to, analytic data  








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             concerning access to course materials; access to linked  
             materials; performance on quizzes, tests, or examinations; and  
             interactions with faculty, mentors, coaches, and other  
             students in the online course.  This data shall include any  
             available information about the average amount of time it  
             takes a student to complete an online assignment; and

           f)   Any available demographic data relating to students  
             enrolled in online courses, including, but not necessarily  
             limited to, the ethnicity, socioeconomic status, and gender of  
             those students, and the cumulative grade point averages of  
             those students disaggregated by those demographic categories.

        2)Requires the information to include all matriculated students of  
          the CSU enrolled in online courses, irrespective of whether the  
          courses or programs in which they are enrolled are provided by  
          CSU faculty or by another entity that is under contract with the  
          CSU or with one of its campuses.


         EXISTING LAW  :

        1)Requires the CSU Trustees, by January 1, 2015, to establish a  
          series of uniform definitions for online education for purposes  
          of measuring the effectiveness of online education and to report  
          key performance data on online courses, as specified, to the  
          Legislature by January 1, 2017, and every two years thereafter. 

        2)Provides for cross-enrollment in online education at the CSU and  
          outlines the requirements to be met by a student in order to be  
          qualified to participate.  Each CSU campus is also required to  
          inform students who may enroll in an online course of the  
          technical requirements for successful participation, any  
          prerequisite courses or other academic preparation deemed  
          necessary, and any materials, skills, knowledge, or other  
          elements necessary to ensure a student's opportunity to succeed  
          in the online course.  

         FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
        pursuant to Senate Rule 28.8, negligible state costs.

         COMMENTS  :  According to the author, this bill is intended to  
        respond to concerns regarding a contract entered into in January  
        2013 by San Jose State University and Udacity, a massive open  
        online courses provider, for purposes of a pilot program to examine  








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        online learning.  The author's office contends that when members of  
        the CSU Academic Senate requested student data, the information was  
        not released by Udacity until a public records request was filed,  
        and the released data did not include all information requested.   
        The author's office also asserts that the company failed to comply  
        with federal guidelines that protect student information.  The  
        author's office is concerned that, based upon a January agenda item  
        presented to the CSU Trustees on "Enrollment Bottleneck Solutions"  
        course and advising redesign programs will involve partnering with  
        private companies to deliver public education services.  As the CSU  
        system works towards providing a robust and collaborative system of  
        traditional and online course offerings, partnerships with  
        third-party contractors are expected to become more common.

        CSU opposes provisions of this bill requiring that data be  
        disclosed, if that data is available, regarding a student's use of  
        online resources.  CSU argues that, although the data is only  
        required to be disclosed if it is available, this bill could result  
        in subsequent requirements for tracking students who have chosen to  
        take online courses and programs to meet their degree objectives.   
        CSU argues this is inappropriate and unnecessary, and a violation  
        of students personal privacy.   
         

        Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 319-3960  



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