BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1456
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          Date of Hearing:   March 18, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
               AB 1456 (Jones-Sawyer) - As Introduced:  January 9, 2014
           
          SUBJECT  :  Higher education: tuition and fees: pilot program.

           SUMMARY  :  Requires the California Student Aid Commission (CSAC),  
          the Trustees of the California State University (CSU), the Board  
          of Governors (BOG) of the California Community Colleges (CCC),  
          and requests the Regents of the University of California (UC) to  
          conduct a study of the effects of enacting legislation to  
          establish a "Pay it Forward, Pay it Back Pilot Program" (Pilot  
          Program).  Specifically,  this bill  :  

          1)Finds that the rapidly increasing cost of postsecondary  
            education has grave consequences for students and the state's  
            economy and declares that the Legislature increase the state's  
            contribution to higher education funding and seek another  
            approach to financing the students' share of higher education  
            costs that will not result in students graduating from public  
            colleges and universities burdened with debt.  

          2)Establishes that the Pilot Program would be designed to  
            replace the current system of charging students upfront for  
            tuition/fees and room/board for enrollment at public  
            institutions.

          3)Establishes that the Pilot Program would allow a resident  
            student qualified for admission to enroll without paying  
            upfront tuition/fees, and instead would sign a binding  
            contract to, upon graduation, pay a specified percentage of  
            his or her annual adjusted gross income to the state or the  
            institution for a specified number of years.

          4)Establishes that the Pilot Program could vary by institution  
            in regards to the student costs and repayment terms and the  
            portion of cost paid by the state.

          5)Requires that the Pilot Program study:

             a)   Identify at least one campus of one or more of the  
               public segments to participate; 









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             b)   Specify the number of years and percentage of annual  
               adjusted gross income for a contract at each participating  
               institution that would reimburse the nonstate cost of a  
               student's attendance; 

             c)   Establish an immediate source of funding for the first  
               15 to 20 years of the Pilot Program including the  
               establishment of a revolving fund for depositing payments,  
               and consider the use of social impact bonds as an immediate  
               funding source. 

          6)Defines "social impact bond" to mean an agreement between a  
            nongovernmental entity and a public institution of higher  
            education under which a student's cost of attendance is paid  
            for by the nongovernmental entity in exchange for a security  
            interest in the student's repayments.

          7)Requires CSAC to submit a report on the study of the pilot  
            program to the Assembly Committee on Higher Education and the  
            Senate Committee on Education on or before September 30, 2015.

          8)Makes the provisions of this bill inoperative on June 30, 2016  
            and repeals the provisions of this bill on January 1, 2017.  

           EXISTING LAW  establishes a policy governing student fees at the  
          California Community Colleges (CCC) and establishes, effective  
          summer 2012, a $46 per unit fee.  Existing law also provides  
          that statutes related to UC are applicable only to the extent  
          that the UC Regents make such provisions applicable and confers  
          upon the CSU Trustees the powers, duties, and functions with  
          respect to the management, administration, and control of the  
          CSU system. UC and CSU fees are established each year through  
          the Budget Act negotiations, with complementary actions on the  
          part of the UC Regents and the CSU Trustees to adopt negotiated  
          fee levels.  Existing law establishes the Cal Grant and Middle  
          Class Scholarship programs to provide financial aid at colleges  
          and universities, to the extent that students and institutions  
          are eligible.

           FISCAL EFFECT  :  Unknown 

           COMMENTS  :   Background on Affordability in California  .  According  
          to California Competes, to pace with demands of employers,  
          California will need to produce 2.3 million more degree and  
          certificate-holders than the 3.2 million the state is on track  








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          to achieve by 2025.  The Institute for College Access and  
          Success notes that a student's ability to pay for college is a  
          major factor in enrollment and completion of a degree program;  
          significant unmet need results in students being less likely to  
          enroll and, once enrolled, low-income students are also less  
          likely to complete their degree program.  Financial aid plays a  
          vital role in leveling the playing field and increasing access,  
          retention, and completion rates.  As this Committee heard at the  
          October 7, 2013, oversight hearing on college affordability,  
          California has made a substantial commitment to college  
          affordability; still, there is room for improvement:

          o There is an implicit policy whereby students and the State are  
            expected to share educational costs, but the relative  
            proportions are dependent on the State's fiscal situation.  In  
            the past decade the student share of educational costs has  
            increased:  In 2002-03, tuition at CSU covered 20% of  
            educational costs, by 2013-14 the student share increased to  
            45%.  At UC, by 2013-14, tuition covered over 50% of average  
            educational costs.  

          o California's financial aid programs have grown in tandem with  
            tuition and fees and as a result many students have been  
            protected from fee increases.  Between Cal Grants and  
            institutional aid, many lower- and middle-income families pay  
            no tuition.  UC's Blue and Gold Opportunity Plan guarantees  
            full tuition coverage for students with family incomes up to  
            $80,000.  At CSU, students with family incomes up to about  
            $75,000 typically pay no tuition.  The Middle Class  
            Scholarship Program will reduce UC and CSU tuition for  
            families with income up to $150,000.  

          o State financial aid programs focus on tuition and ignore the  
            cost of living expenses that families face, and in California  
            these costs are about 20% higher than national averages. The  
            Cal Grant B program provides an Access Award for living  
            expenses of $1,473 annually.  As the chart below indicates,  
            the stipend is not enough to cover living expenses.

              ------------------------------------------------- 
             |2013-14 Student        |UC      |CSU    |CCC     |
             |Budgets                |        |       |        |
             |-----------------------+--------+-------+--------|
             |Tuition and Fees       |$13,227 |$6,647 |$1,380  |
             |-----------------------+--------+-------+--------|








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             |Housing and Food       |$10,496 |$9,103 |$7,378  |
             |-----------------------+--------+-------+--------|
             |Books and Supplies     |$1,504  |$1,723 |$1,710  |
             |-----------------------+--------+-------+--------|
             |Transportation/Other   |$4,486  |$2,665 |$4,222  |
             |Expenses               |        |       |        |
             |-----------------------+--------+-------+--------|
             |Total Costs            |$29,713 |$20,138 |$14,689 |
             |-----------------------+--------+-------+--------|
             |Tuition/Fees as % of   |45%     |33%    |9%      |
             |Costs                  |        |       |        |
              ------------------------------------------------- 

          o Relatively few California students report high debt levels.   
            According to the LAO, in 2010-11, about half of UC and CSU  
            baccalaureates graduated with no student loan debt.  Among  
            students who borrowed, the average debt upon graduation for UC  
            students was $18,346 and for CSU students was $16,648.  The  
            national average student debt for students who left school in  
            2012 was $29,400.

          o Recommendations to the Committee included increasing the  
            amount of the Cal Grant B Access Award, increasing the number  
            of awards provided in the competitive Cal Grant program, and  
            focusing aid to students with identified need, among other  
            recommendations.  Several witnesses testified to the  
            importance of increasing overall state support for  
            institutions so that institutions could continue to enroll  
            eligible students and provide adequate access to courses to  
            ensure on-time graduation.   

           Purpose of this bill  .  According to the author "California's  
          current financial aid system is broken into basically three  
          parts, loans, grants and scholarships. If a student's parents  
          cannot pay for college, nor do they qualify for grants or  
          scholarships and he/she does not want to take out loans then  
          that person will not be able to attend college. This legislation  
          is necessary in order to study a fourth type of financial aid,  
          Pay it Forward Pay it Back. This policy will allow a student to  
          attend a public college or four year university in California  
          without paying tuition, room and board. Upon graduating they pay  
          2%-4% of their gross income to a state or college trust fund for  
          a specified number of years."  

           Background on Pay it Forward  .  The Pay it Forward (PIF) model,  








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          which would allow students to attend college without upfront  
          payments by signing a contract to agree to pay a portion of  
          their income for a designated amount of time after graduation,  
          appears to have originated from a student-led project at  
          Portland State University in December 2012.  This proposal is  
          similar to ideas from the Economic Opportunity Institute in  
          Washington and income-based payment programs in Australia and  
          the United Kingdom.  In July 2013, Oregon became the first state  
          to pass legislation related to the proposal; the Oregon bill (HB  
          3472) requires the state's higher education coordinating  
          commission to study and consider proposing a pilot program.  If  
          the Oregon commission determines a PIF pilot model is feasible,  
          a proposal is due to the Legislature in 2015.  In addition to  
          California, at least 19 states have or are considering  
          legislation that appears based on the PIF model.  Two measures  
          were introduced in Congress that would direct the U.S.  
          Department of Education, the Treasury and the Consumer Financial  
          Protection Bureau to study the feasibility of the model.      

           Overall cost of education  .  Proponents of PIF argue the model  
          increases access to college by providing an alternative to  
          up-front payments and loan-financed education that will  
          ultimately result in predictable, stable and manageable  
          post-graduation contribution requirements.  However, critics  
          have expressed concern that PIF may result in students paying  
          more over their lifetime versus other alternative payment  
          structures.  For example, critics note that if PIF covers only  
          tuition and fees, many students would still need to take out  
          loans to cover access costs; meaning they would be paying both  
          PIF and loan payments upon graduation.  Further, it is unclear  
          whether a student that would currently qualify for a grant or  
          scholarship would, under PIF, be required to make payments  
          toward those costs.  The author's office has indicated an  
          intention, which is not currently made clear in this bill, for  
          the Pilot Program to cover tuition and access costs and for  
          students to continue to access existing grant programs.  

           Share of cost equation  .  Critics of PIF have expressed concern  
          that the model reinforces the concept of higher education as an  
          individual transaction rather than a public good, and reduces  
          the burden on states to sustain/increase funding of higher  
          education.  Critics point to the Australian contribution model,  
          which they argue resulted in cost shifting from government to  
          the students themselves.  Proponents of PIF argue the model is a  
          social insurance plan in which graduates share of cost will  








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          ultimately be more favorable than under the current tuition  
          structure.  The author's office has indicated an intention for  
          the Pilot Program to ensure the student's share of cost is  
          capped at 2% - 4% of gross income; however this provision is not  
          included in the scope of the study outlined in the bill.  It is  
          also unclear how, without assurances of General Fund support for  
          the segments, this limitation would impact overall funding for  
          higher education and student access. 

           PIF vs. student loans  .  Proponents of PIF argue that the  
          proposal is not a loan, but more closely resembles Social  
          Security or Medicare.  Contributions are not dependent on the  
          cost of education the student received; rather than borrowing  
          and then repaying a specific amount of money under specific loan  
          conditions, students would pay a percentage of their income for  
          a specific number of years.  The Study of the Pilot Program  
          outlined in this bill would establish guidelines for the terms  
          of payments.  While not identical, the payment shifting and  
          shared responsibility elements of PIF are somewhat similar to  
          the Tuition Postponement Option (TPO) provided at Yale in 1971.   
          Under TPO, about 3,300 alumni agreed to pay 4% of their annual  
          income for every $1,000 borrowed until the entire cohort's debt  
          was paid off.  The wealthier students bought out of TPO early,  
          paying 150% of what was borrowed plus interest.  Other students  
          defaulted, leaving lower-income students left covering a greater  
          burden of debt.  In 2001 TPO ended, after Yale partially bailed  
          out those students still repaying on loans.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Communities United Institute
          Veterans Caucus of the California Democratic Party

           Opposition 
           
          California Teachers Association 
           

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











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