BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1318
                                                                  Page  1

          Date of Hearing:   April 9, 2013

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 1318 (Bonilla) - As Amended:  April 2, 2013
           
          SUBJECT  :   Student financial aid: Cal Grant Program.

           SUMMARY  :   Establishes a formula for determining the maximum Cal  
          Grant award amount for students attending private nonprofit  
          postsecondary educational institutions, as defined.   
          Specifically,  this bill  :

          1)States that private, nonprofit colleges and universities, as  
            specified, help meet the state's higher education needs by  
            enrolling 24% of its undergraduates and notes that the maximum  
            Cal Grant award for students attending these institutions has  
            not increased since 1999.

          2)Establishes the maximum Cal Grant award amount for students  
            attending private nonprofit institutions accredited by the  
            Western Association of Schools and Colleges (WASC) at 80% of  
            the base funding per Cal Grant at the University of California  
            (UC) and the California State University (CSU).

          3)Requires by the Department of Finance to determine the maximum  
            award amount by using the average state support per student  
            plus the average Cal Grant award for UC and CSU. 

          4)Specifies the following maximum award amounts:

             a)   For the 2014-15 fiscal year, 70% of the amount  
               calculated in (3).

             b)   For the 2015-16 fiscal year, 80% of the amount  
               calculated in (3).

             c)   For the 2016-17 fiscal year, 90% of the amount  
               calculated in (3).

             d)   For the 2017-18 fiscal year and thereafter, 100% of the  
               amount calculated in (3).

          5)To be eligible for this higher award amount, requires the  
            total amount of institutional aid provided to California  








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            resident students by that institution, in any given year, is  
            no less than 50% of the total Cal Grant awards received by its  
            students, unless the institution has fewer than 50 students  
            receiving Cal Grants or charges an annual tuition that is no  
            more than 50% of the average of the annual tuition charged by  
            all institutions to which this bill applies.

          6)Defines the following terms:

             a)   "Average state support per student" means the total  
               General Fund support for UC and CSU divided by the number  
               of California resident full-time equivalent students for  
               each four-year public segment.

             b)   "Institutional aid" includes scholarships and  
               fellowships granted and funded by a postsecondary  
               educational institution or by a department within that  
               institution, and includes scholarships targeted to certain  
               individuals based on, for example, state of residence,  
               fields of study, or athletic team participation, for which  
               the institution designates the recipient.

           EXISTING LAW  provides a variety of student financial aid grant  
          and loan programs, administered by the California Student Aid  
          Commission, to provide awards to needy and academically eligible  
          students, including the Cal Grant Entitlement Programs for  
          California residents who graduated from high school within one  
          year.    

           FISCAL EFFECT  :   Unknown but potentially significant.  

           COMMENTS  :    Background  .  As a result of recent budget deficits  
          and growing costs to the program, several changes to the Cal  
          Grant program over recent years reduced eligibility and  
          benefits, including annual student needs assessments to maintain  
          eligibility, a reduction in the Cal Grant B stipend amount,  
          institutional graduation and student loan default rate  
          thresholds for program eligibility, and a reduction in the award  
          amount for students attending private institutions.  These cuts,  
          combined with actions taken in the 2011-12 Budget Act, impacted  
          more than 170,000 students and reduced the Cal Grant program by  
          at least $194.5 million.

          Specifically, SB 1016 (Committee on Budget and Fiscal Review),  
          Chapter 38, Statutes of 2012, the education trailer bill,  








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          implemented the following reductions in maximum tuition award  
          levels beginning in 2013-14:  

          1)For new recipients attending independent non-profit  
            institutions and private for-profit, WASC-accredited  
            institutions as of July 1, 2012, maximum grant awards were  
            reduced by 6.5%, from $9,708 to $9,084, and in 2014-15, new  
            maximum tuition awards at non-profit institutions and  
            WASC-accredited for-profit institutions will be reduced by an  
            additional 10.5%, from $9,084 to $8,056.

          2)For new recipients attending all other private for-profit  
            institutions, maximum grant awards were reduced by 59%, from  
            $9,708 to $4,000.  

           Need for this bill  .  According to the author, "The lack of a  
          policy has led to an unpredictable and arbitrarily determined  
          award, which undermines the original purpose of the Cal Grant  
          program, which is to allow financially needy students to choose  
          an institution that best serves their academic and financial  
          needs. AB 1318 seeks to strengthen the Cal Grant program and the  
          portability of the award. The majority of these students are  
          underrepresented in higher education and 35% of these students  
          are first generation college students. The average family income  
          for these Cal A recipients is $40,900."

           Maximum award amounts .  The author intends the Department of  
          Finance to base the maximum award amount on the following  
          estimates by the Legislative Analyst's Office (LAO) of the  
          average General Fund of educating a Cal Grant student at UC and  
          CSU. 

                   ----------------------------------------------- 
                  |                           |   UC   |   CSU    |
                  |---------------------------+--------+----------|
                  |Average base funding per   |$11,352 |  $7,113  |
                  |student                    |        |          |
                  |---------------------------+--------+----------|
                  |Average Cal Grant award    |$12,192 |  $5,472  |
                  |---------------------------+--------+----------|
                  |Total subsidy              |$23,544 |$12,585   |
                   ----------------------------------------------- 

          Thus, the maximum award amount would be $14,451 per year when it  
          is completely phased in.  








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           Basis for formula  .  Prior to 2001-02, the state had a  
          longstanding statutory policy that linked the maximum Cal Grant  
          for financially needy students attending private institutions to  
          the average General Fund cost of educating a financially needy  
          student at UC and CSU.  When the Cal Grant Entitlement program  
          was created in 2000, this policy was replaced with a new  
          provision linking the maximum private-student Cal Grant award to  
          whatever amount was specified in the annual budget act.  The LAO  
          has long recommended re-establishing the private Cal Grant  
          formula to establish a rational policy basis for the award and  
          promote consistency among student groups.

           Eligible institutions  .  Students who attend independent  
          nonprofit private institutions would be eligible for this higher  
          award, provided the institution provides a 50% institutional aid  
          match for a student's Cal Grant award, excluding schools with  
          less than 50 Cal Grant recipients and tuition less than 50% of  
          the average of all institutions eligible for the maximum award.   
          For-profit institutions would not be eligible for this higher  
          award amount.  The previous private Cal Grant policy did not  
          distinguish between nonprofit and for-profit institutions, and  
          it is not clear why for-profit institutions would not be  
          included in this bill.  If they are, all regionally accredited  
          institutions should be eligible consistent with a court ruling  
          (Daghlian v. DeVry University, Inc., 582 F. Supp. 2d 1231, 2008)  
          that found that California could not favor WASC over other  
          regional accreditors.

           Other measures to expand Cal Grant benefits  .  A similar measure,  
          AB 1085 (Gaines), would restore the annual Cal Grant award  
          amount for students attending all private institutions to  
          $9,708.  Other measures before this Committee to increase Cal  
          Grant eligibility or benefits include:

          1)AB 303 (Calderon) would extend eligibility to the Cal Grant  
            Entitlement program to California residents who are current or  
            former members of the United States Armed Forces. 

          2)AB 1241 (Weber) would extend the Cal Grant Entitlement program  
            period of eligibility from one to three years, allowing an  
            applicant for Cal Grant A and B Entitlement Awards to submit a  
            complete financial aid application no later than March 2 of  
            the 4th academic year after his or her high school graduation.









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          3)AB 1285 (Fong) would expand Cal Grant B funding by eliminating  
            the 2% cap on the number of Cal Grant B awards that cover the  
            first year of tuition and fees.

          4)AB 1287 (Quirk-Silva) would remove statutory provisions  
            requiring renewing Cal Grant recipients to meet annual income  
            and asset criteria to maintain eligibility.

          5)AB 1364 (Ting) would increase the Cal Grant B access award  
            amount to no less than $5,900 and annually adjust the minimum  
            award amount by the percentage increase in the Consumer Price  
            Index.

           Previous legislation  .  AB 358 (Liu) of 2005, which was vetoed,  
          expressed legislative intent that the maximum Cal Grant for  
          students attending independent and nonpublic colleges and  
          universities shall be equal to 90% of the weighted public cost  
          of educating a needy student at UC and CSU but no less than  
          $9,708.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Association of Independent California Colleges and Universities
          California Institute of Technology
          California Lutheran University
          Chapman University
          Jonathan Choy, Director of Financial Aid, Biola University
          Claremont McKenna College
          Menlo College
          National University
          Pepperdine University
          Point Loma Nazarene University
          Santa Clara University
          St. Mary's College of California
          University of San Diego
          University of the Pacific
          University of Southern California
          Westmont College
          8 Administrators, University of LaVerne

           Opposition 
           
          None on file.








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          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960