BILL ANALYSIS                                                                                                                                                                                                    �





                                                                  AB 46

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          GOVERNOR'S VETO
          AB 46 (Pan)
          As Amended  August 5, 2014
          2/3 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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          |ASSEMBLY: |54-23|(August 27,     |        |     |                     |
          |          |     |2014)           |        |     |                     |
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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  










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               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  
               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.

           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 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  










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          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.   
           
          GOVERNOR'S VETO MESSAGE  :

               This bill would require the Trustees of the California  
               State University to provide to the Cal State Academic  
               Senate and campus academic senates, upon request,  
               specific data on students who take any online course  
               offered by Cal State or its contracting entity. 

               The Academic Senate passed a resolution calling the  
               bill unnecessary and citing student privacy and cost  
               issues, among other concerns.  I agree.

               I am aware of the deep concerns that the sponsor of  
               the bill has expressed regarding online courses.   
               These courses, however, could play an important role  
               in helping to reduce the bottleneck that too often  
               prevents students from graduating on time.  This is  
               one of the reasons I believe that we should not unduly  
               limit the introduction of online courses in the Cal  
               State system.










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           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 
                                                                FN: 0005649