BILL ANALYSIS �
HR 41
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Date of Hearing: May 28, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
HR 41 (Ting and Ammiano) - As Amended: May 23, 2014
SUBJECT : City College of San Francisco
SUMMARY : Urges the Accrediting Commission for Community and
Junior Colleges (ACCJC) to consider the progress of City College
of San Francisco (CCSF) toward achieving compliance with
standards and to provide CCSF additional time to continue
solving problems while keeping its accreditation intact.
EXISTING LAW establishes the California Community Colleges (CCC)
Board of Governors (BOG) to provide general supervision over the
CCC and requires the BOG to prescribe minimum standards for CCC
receipt of apportionment funding (Education Code �66700). BOG
regulations (5 CCR �51016) require CCCs to be accredited by
ACCJC.
FISCAL EFFECT : Unknown.
COMMENTS : Purpose of this resolution . According to the author,
without action by ACCJC, termination of the accreditation of
CCSF could take effect as soon as the end of July. The author
notes that ACCJC is scheduled to meet June 4-6, but does not
have any discussion of CCSF listed on its agenda, suggesting
that ACCJC is intent to close the school without a review of its
significant progress. The author argues that reasonable heads
must prevail at ACCJC and the college must be provided
additional time to meet all accreditation standards. The author
notes that "if the school closes, the education goals of its
80,000 students will be thrown under the bus because there is no
backup peer institution to take them in." According to the
author, "The prospect of such a crisis prompted the introduction
of this resolution and a companion measure in the State Senate,
asking the Legislature to weigh in on this situation because it
establishes a reckless and arbitrary precedent for the review of
every community college in California."
Background on accreditation . Accreditation is a voluntary,
non-governmental peer review process used to determine academic
quality. Accrediting agencies are private organizations that
establish operating standards for educational or professional
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institutions and programs, determine the extent to which the
standards are met, and publicly announce their findings. Under
federal law, the United States Department of Education (USDE)
establishes the general standards for accreditation agencies and
is required to publish a list of recognized accrediting agencies
that are deemed reliable authorities on the quality of education
provided by their accredited institutions. Institutional
accreditation is a requirement for participation in federal
financial aid programs. Under federal regulations, accrediting
agencies are required to meet general outlined standards, but
specific processes and quality standards are left to each
accrediting agency to determine.
There are six USDE-recognized regional accrediting agencies.
Each regional accreditor encompasses public, the vast majority
of non-profit private (independent), and some for-profit
postsecondary educational institutions in the region it serves.
California's regional accrediting agency is separated into two
commissions; ACCJC is the regional accrediting agency for
community colleges in the western region (California, Hawaii,
and U.S. territories).
Commission membership consists of the institutions ACCJC has
accredited; the 19 ACCJC commissioners are elected by a vote of
the presidents of the member-colleges and serve up to two
three-year terms. ACCJC bylaws govern, among other areas,
commission meetings, responsibilities of commissioners, and the
appeal process for institutions appealing a denial or
termination of accreditation. ACCJC bylaws may be amended by a
majority vote of the Commissioners. Under ACCJC bylaws, the
president, appointed by the Commissioners, is responsible for
general supervision, direction, and control of ACCJC operations.
Background on CCSF deficiencies . In July of 2012, CCSF was
placed on "Show Cause" status by ACCJC. The ACCJC visiting team
found, among other deficiencies, that the college had
insufficient cash flow and reserves to maintain financial
stability and no realistic plans to meet financial emergencies
and unforeseen circumstances. The institution was provided one
year to establish compliance with accrediting standards. In
September of 2012, the CCC Chancellor's Office and the Fiscal
Crisis & Management Assistance Team (FCMAT) released an audit of
fiscal stability and management controls. The audit found that
CCSF was near fiscal insolvency resulting from poor financial
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decisions and lack of accountability. In July of 2013, ACCJC
voted to terminate accreditation effective July 31, 2014,
subject to review and appeal. ACCJC found that of the 2012
recommendations, CCSF fully addressed only two, nearly addressed
one, and eleven were inadequately addressed. Also in July,
CCCCO and FCMAT released a second fiscal review which found
overall non-implementation of 2012 recommendations.
Background on CCSF interventions . In October 2012, BOG
appointed Robert Agrella as special trustee under limited powers
to assist CCSF in achieving sound financial management.
Following the ACCJC decision to revoke accreditation, on July 9,
2013, BOG voted to authorize Special Trustee Agrella to assume
full management and control of the district. In November 2013,
Arthur Tyler was named Chancellor of CCSF. Currently, Special
Trustee Agrella and Chancellor Tyler are working to address
ACCJC and FCMAT standards and recommendations. According to
CCSF, the college has addressed 95% of the college's objectives
outlined in the Roadmap to Success.
ACCJC Candidacy proposal . On April 12, 2014, an editorial by
ACCJC Commissioners Sherrill Amador and Steven Kinsella was
published in the San Francisco Chronicle, detailing a proposed
pathway for CCSF to voluntarily relinquish accreditation and
simultaneously seek "candidacy status" from ACCJC. Amador and
Kinsella wrote that ACCJC was unable to provide CCSF additional
time to complete the required corrections because of USDE rules
prohibiting an accrediting agency from allowing a non-compliant
college more than two years to achieve compliance before the
college loses accreditation ("two-year rule"). Amador and
Kinsella wrote that under candidacy CCSF would continue to be
eligible for state apportionment funding, federal financial aid
funding, and student credits would generally be transferable.
ACCJC approach problematic . The candidacy pathway outlined by
ACCJC is potentially problematic for CCSF and its students.
Committee staff understands that absent a change in state law
CCSF would be ineligible for apportionment funding. Committee
staff further understands, in talking with USDE representatives,
that it is, at best, unclear whether CCSF students would remain
eligible for federal financial aid. It is also questionable
whether students would continue to be eligible for Cal Grants.
Finally, as decisions over transferability of credits are made
by the institution receiving the transfer student, it is unclear
how candidacy status would impact existing articulation
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agreements between CCSF and California four-year institutions.
USDE clarification on "two-year rule" . On May 19, 2014, USDE
responded in writing to a request from U.S. Representative Nancy
Pelosi regarding USDE's role in ACCJC's decision to revoke CCSF
accreditation. According to USDE, the decision to revoke
accreditation as well as the option to extend accreditation for
CCSF rests solely with ACCJC. In regards to the federal
"two-year rule" USDE wrote that federal regulations provide the
opportunity for an accrediting agency to grant a "good cause"
extension for an institution to return to compliance prior to
taking an adverse action. According to USDE, "ACCJC has the
authority to reconsider or rescind its termination decision so
as to provide the institution with additional time to come into
compliance within the two-year time frame, if such a period has
not run out, or to provide an extension for good cause."
BOG request . On May 20, 2014, BOG wrote to ACCJC to request a
rescission of their termination of accreditation of CCSF, based
on the BOG belief that the college is now in substantial
compliance with the accreditation standards. BOG encouraged
ACCJC to send a visiting team to the college to document the
progress, and noted that this is an appropriate action in light
of the fact that USDE has indicated that ACCJC has the power to
make this decision without it negatively impacting their
relationship with USDE.
Related legislation . SR 47 (Leno) is identical to this
resolution and is currently pending adoption in the Senate.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
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