BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 330
          AUTHOR:        Chau
          AMENDED:       May 23, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 4, 2014
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           NOTE :  This bill has been referred to the Committees on  
          Education and Business, Professions, and Economic  
          Development.  A "do pass" motion should include referral to  
          the Committee on Business, Professions, and Economic  
          Development.
           
          SUBJECT  :  Student Financial Aid Disclosures.
          
           SUMMARY  

          This bill expands institutional reporting requirements  
          which currently exist as a condition of voluntary  
          participation in the Cal Grant Program, expands the  
          information which an institution regulated under the  
          California Private Postsecondary Education Act is required  
          to provide a prospective student in its School Performance  
          Fact Sheet and in its annual report to the Bureau, and  
          expands the information which must be made available by the  
          California Student Aid Commission (CSAC) on a searchable  
          database. 

           BACKGROUND  

          Current law establishes the Cal Grant Program under the  
          administration of CSAC, and establishes eligibility  
          requirements for awards under the program for participating  
          students attending qualifying institutions.  As a condition  
          for participation in the program, existing law requires  
          each Cal Grant participating institution to annually report  
          specified information to CSAC, which CSAC is required to  
          provide on its Internet Website in a searchable database.   
          Current law also requires the CSAC to provide other  
          information and links useful to students and parents who  
          are in the process of selecting a college or university.  
          (Education Code � 69433.2)




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          Current law also requires, as a condition of participation  
          in the Cal Grant Program, that a "qualifying institution"  
          provide information (on an enrollment or centralized  
          admission website, or on enrollment applications or other  
          information distributed to students) on where to access  
          California license exam passage rates for the most recent  
          available year for undergraduate programs that lead to  
          employment in a field that requires licensing. (Education  
          Code � 69433.7)

          Current law, until January 1, 2015, establishes the  
          California Private Postsecondary Education Act (Act) of  
          2009, which provides for the approval, regulation, and  
          enforcement of private postsecondary educational  
          institutions by the Bureau for Private Postsecondary  
          Education (BPPE) within the Department of Consumer Affairs  
          (DCA).  (Education Code � 94800-94950) 

          Among other things, the Act requires a regulated  
          institution to provide a prospective student with a School  
          Performance Fact Sheet containing information on completion  
          rates, placement rates, license examination passage rates,  
          salary or wage information, the most recent three-year  
          cohort default rate and the percentage of enrolled students  
          receiving federal student loans (if the institution  
          participates in federal financial programs) and other  
          specified information. (EC � 94910)

           ANALYSIS
           
           This bill  :

          1)   Expands institutional reporting requirements which  
               currently exist as a condition of voluntary  
               participation in the Cal Grant Program to additionally  
               include information on license examination passage  
               rates, the institution's latest 3-year cohort default  
               rate, its percentage of undergraduate student  
               borrowers, and student loan debt information for  
               first-time degree or certificate seeking  
               undergraduates.

          2)   Expands the responsibility of the CSAC to post  
               information on a searchable database to include the  
               new reporting requirements established by the bill. 




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          3)   Establishes specific provisions related to the new  
               student loan debt reporting requirements.   
               Specifically it:

                    a)             Authorizes the UC and CSU to  
                    comply with these requirements by:

                           i)                  Including student loan  
                         debt information in their respective final  
                         annual financial aid reports.
                           ii)     Providing a copy of their reports  
                         to the CSAC.

                    b)             Exempts California Community  
                    Colleges from complying with the student loan  
                    debt information reporting requirements.  

                    c)             Expands the information which an  
                    institution regulated under the California  
                    Private Postsecondary Education Act is required  
                    to provide a prospective student in its School  
                    Performance Fact Sheet and in its annual report  
                    to the Bureau to include the average student loan  
                    debt of its graduates, calculated as specified.

          4)   Specifies the method of calculation for purposes of  
               reporting student loan debt information for both the  
               Cal Grant Program and as part of the annual report and  
               School Performance Fact Sheet reporting requirements  
               under the California Private Postsecondary Education  
               Act.

          5)   Provides that the changes to the School Performance  
               Fact Sheet and to the annual report requirements only  
               become effective if the repeal of California Private  
               Postsecondary Education Act of 2009 is delayed or  
               eliminated. 

          6)   Makes other technical changes.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author,  
               comprehensive and meaningful consumer information for  
               students and their families is not readily available  




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               to make the best financial and educational decisions  
               about which post-secondary education institution to  
               attend. This bill attempts to centralize information  
               about student debt within the CSAC and/or the BPPE to  
               provide families with information that is easy to use,  
               compare, and understand, as a way to decide between  
               educational institutions. 

           2)   Current status of CSAC searchable database  .  Current  
               law requires that the CSAC provide enrollment,  
               graduation, persistence, job placement rate and salary  
               and wage information data for Cal Grant participating  
               institutions in a searchable database. The CSAC has  
               established the searchable data base on its website.   
               Currently, the database only contains enrollment data  
               for the 2011-12 academic year.  The CSAC reports that  
               additional data will be added as it, and sufficient  
               funding, become available for expansion. According to  
               the CSAC, full compliance with existing requirements  
               to post institutional information on a searchable  
               database would require approximately $100,000 in  
               ongoing funds annually. It is unclear whether the CSAC  
               has the capacity to create the more comprehensive  
               information resource envisioned by the bill's  
               provisions. 

           3)   Duplicative information  ? Several federal online tools  
               exist to assist prospective college students in making  
               informed decisions about their postsecondary education  
               options.  These include the following:

               The College Scorecards:  In February 2013, the U.S.  
               Department of Education's (USDOE) College  
               Affordability and Transparency Center released an  
               interactive college scorecard, intended to provide  
               information on a college's affordability and value to  
               enable parents and prospective students to make  
               informed decisions about which college to attend.  
               According to the USDOE, the Scorecard highlights key  
               indicators about the cost and value of institutions  
               across the country to help students choose a school  
               that is well-suited to meet their needs, priced  
               affordably, and is consistent with their educational  
               and career goals.  Each Scorecard includes five key  
               pieces of data about a college: costs, graduation  
               rate, loan default rate, average amount borrowed, and  




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               employment. USDOE reports that these data will be  
               updated periodically, and that they plan to publish  
               information on average earnings in the coming year.

               Net Price Calculators: Federal law requires any  
               college that participates in Title IV financial aid  
               programs to post on-line "net price calculators" to  
               help parents and students determine the potential cost  
               of different colleges before they apply. This  
               calculator allows students to calculate an estimated  
               net price of attendance at an institution (defined as  
               cost of attendance minus grant and scholarship aid)  
               based on what similar students paid in a previous  
               year. The net price calculator is required for all  
               Title IV institutions that enroll full-time,  
               first-time degree- or certificate-seeking  
               undergraduate students. The USDOE College  
               Affordability and Transparency Center provides a link  
               to the net-price calculator for individual colleges  
               nationally. 

               Financial Aid Shopping Sheet.  In 2012, the USDOE  
               partnered with the Consumer Financial Protection  
               Bureau to develop the Financial Aid Shopping Sheet to  
               promote transparency in student financial disclosures.  
               The Shopping Sheet is designed to help students better  
               understand the amount of grants and scholarships they  
               would receive from a given institution, and the amount  
               of loans an institution recommends a student take out  
               to cover out-of-pocket costs. The Shopping Sheet is  
               not mandatory, but the federal government did ask  
               institutions to voluntarily adopt the Shopping Sheet  
               beginning with the 2013-14 academic year. About 1800  
               institutions nationally have agreed to use the  
               Shopping Sheet template, and the CSU reports that all  
               its campuses began using it in 2013-14 for all newly  
               admitted prospective undergraduate and graduate  
               students.

               The College Navigator: The National Center for Higher  
               Education Management Statistics (located within the  
               U.S. Department of Education and the Institute of  
               Education Sciences) is the primary federal entity for  
               collecting and analyzing data related to education in  
               the U.S. and other nations. College Navigator provides  
               comprehensive information to compare colleges on  




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               criteria that includes costs, majors offered, size of  
               school, campus safety, and graduation rates.  
                http://nces.ed.gov/collegenavigator/  

               This bill would create yet another tool at the state  
               level, specifically for Cal Grant participants, for  
               accessing similar information.  

           4)   Additional responsibilities for the BPPE  ?  This bill  
               directs the BPPE to collect and post information on  
               student loan debt for the schools it regulates. On  
               April 21, 2014, the Business, Professions, and  
               Economic Development Committee convened a joint  
               hearing that included the relevant committees in both  
               houses (Senate Education, Assembly Committees on  
               Higher Education and Business, Professions and  
               Consumer Protection) as a part of its sunset review of  
               the BPPE.  The background paper for the hearing  
               identified 26 different issues for consideration at  
               the hearing, including administrative, budget,  
               licensing and exemption, enforcement, and  
               accountability issues.   

               Additionally, a related Bureau of State Audits report  
               found that the BPPE has consistently failed to meet  
               its responsibility to protect the public's interests  
               as it had a significant backlog of licensing  
               applications, failed to proactively identify and  
               sanction effectively unlicensed institutions,  
               conducted only a fraction of the inspections of  
               institutions required by law and failed to identify  
               violations during these inspections, failed to respond  
               appropriately to complaints against institutions, and  
               did not ensure that institutions provided students  
               with accurate disclosures about their operations.

               Is this the time to expand the BPPE responsibilities  
               to include activities related to additional reporting  
               requirements?  Would these new responsibilities  
               further dilute its ability to focus on enforcement  
               activities?  

           5)   Related TICAS study  . According to a recent report,  
               Student Debt and the Class of 2012, issued by the  
               Institute for College Access and Success (TICAS),  
               nationally, 71 percent of college seniors who  




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               graduated last year had student loan debt, with an  
               average debt of $29,400 per borrower.  The report  
               highlighted high debt and low debt states, and  
               California was noted as being among the low debt  
               states.  Among its recommendations, TICAS advised that  
               students and their families need clear, timely, and  
               comparable information on costs, financial aid and  
               typical outcomes and for that reason supported the  
               improvement and promotion of federal tools and  
               processes that provide more and better consumer  
               information throughout the college process. The report  
               specifically noted tools such as the College  
               Scorecard, the Net Price Calculator, and the Shopping  
               Sheet. 
               
           6)   Another alternative  ?  This bill proposes the creation  
               of a state level searchable database within the CSAC  
               to provide information to students and their families  
               about their real costs to attend specific colleges  
               they are considering.  In light of the extensive work  
               being done at the federal level, it may be more  
               helpful, less confusing, and less costly to ensure  
               that Cal Grant participants are able to access the  
               federal tools through the CSAC website, and for the  
               BPPE to provide similar access for students  
               considering a regulated school, rather than create yet  
               another tool with different definitions and  
               information than that currently available.  
               
               Staff recommends the bill be amended to delete the  
               additional reporting requirements, and to instead,  
               require that the CSAC and the BPPE provide links to  
               federal and state websites that provide information  
               such as net cost, financial aid, and student loan  
               debt, that can be used by students and families to  
               evaluate their college choices.

           7)   Alternate legislation  ?  Some of the provisions of this  
               bill are contingent upon legislation that delays or  
               eliminates the repeal of the California Private  
               Postsecondary Education Act of 2009.  The Business,  
               Professions and Economic Development Committee is  
               currently undertaking a sunset review of the BPPE and  
               will consider a number of changes to the Act, to be  
               contained in SB 1247 (Lieu).  SB 1247 was heard and  
               passed by this committee on April 30, 2014, by a vote  




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               of 8-0, and is currently awaiting action in the  
               Assembly.  

               Should the relevant provisions of this bill be  
               incorporated into the more comprehensive reform of the  
               Act anticipated in SB 1247?
           
          SUPPORT  

          California Federation of Teachers
          University of California Student Association

           OPPOSITION

           American Career College/West Coast University
          California Association of Private Postsecondary Schools
          Corinthian Colleges
          University of Phoenix