BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1538
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          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1538 (Eggman) - As Amended:  March 26, 2014 

          Policy Committee:                              Higher  
          EducationVote:10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill provides alternative criteria for an otherwise  
          ineligible postsecondary education institution to maintain  
          eligibility for participation in the Cal Grant program.  
          Specifically, this bill:  

          1)Provides that an institution that is ineligible for initial  
            and renewal Cal Grant awards under existing cohort default  
            and/or graduation rate requirements shall maintain eligibility  
            if the following conditions are met:

             a)   At least two-thirds of the student body receive federal  
               Pell Grants, as certified by the California Student Aid  
               Commission (CSAC) by November 1 of the prior academic year.

             b)   If the institution is ineligible under the cohort  
               default rate requirements, the institution's average  
               three-year cohort default rate over the most recent three  
               years, as certified by the Commission, meets the  
               requirements of existing law (under 15.5%);

             c)   If the institution is ineligible under graduation rate  
               requirements, the institution's average rate for the most  
               recent three years, as certified by the Commission, meets  
               the requirements of existing law (over 30%).  

          2)Requires CSAC to adopt any rules and regulations necessary to  
            implement this section by March 1, 2015, and to review and  
            make recommendations regarding additional criteria that would  
            be appropriately considered in determining institutional  
            eligibility, including, but not limited to, cohort size,  








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            alternative debt measures, and additional student outcome and  
            institutional quality metrics by January 1, 2016.   

           FISCAL EFFECT  

          1)Additional Cal Grant costs are unknown, and would depend on  
            the number and amounts of Cal Grant awards made to those  
            students attending an institution made eligible under the  
            alternative criteria who would not have otherwise attended an  
            institution already eligible under the existing criteria.  
            However, if only 20 additional students received the maximum  
            award at a WASC-accredited for-profit college ($8,056 for  
            2014-15), GF costs would be $161,000.


          2)Minor additional GF administrative costs for CSAC to adopt any  
            regulations, implement to alternative eligibility criteria,  
            and review and consider other eligibility criteria.

           COMMENTS  

           1)Background  . As part of the 2011-12 Budget Act, the state  
            established requirements linking a postsecondary education  
            institution's participation in the Cal Grant Program to the  
            percentage of students borrowing federal loans and the number  
            of students defaulting on those federal loans within three  
            years of entering repayment.  In the 2012-13 Budget Act, the  
            requirements regarding loan defaults were tightened and a  
            graduation rate requirement was established. For 2014-15, 122  
            institutions (primarily for-profit colleges) are ineligible to  
            participate.  Cal Grant students attending or seeking to  
            attend ineligible institutions are required to transfer to an  
            eligible institution in order to receive their Cal Grant  
            award. 

            According to information provided by the Legislative Analyst's  
            Office (LAO), about 3,200 students offered new Cal Grant  
            awards in 2011-12 were planning to attend schools deemed  
            ineligible. About 550 of these students instead attended  
            eligible schools, and another 450 requested leaves of absence  
            to preserve their award for later use. The remaining 2,200  
            students did not claim their Cal Grants and information  
            concerning college attendance is unavailable.

           2)Purpose  . According to the author, Humphreys College, a Western  








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            Association of Schools and Colleges (WASC) accredited  
            nonprofit institution, was ineligible for Cal Grants for the  
            2013-14 academic school year. The institution had a cohort  
            default rate of 15.6% (just above the 15.5% threshold for Cal  
            Grant participation). The institution's graduation rate  
            exceeded 90%. (Humphries has since regained eligibility for  
            2014-15.)

            The author contends that the current requirements, which do  
            not take into account disadvantaged student populations,  
            unfairly target institutions with volatile student populations  
            regardless of their academic practices. This bill is intended  
            to narrowly allow institutions that serve large populations of  
            students with disadvantaged backgrounds to qualify for Cal  
            Grants if their three-year average cohort default rate or  
            graduation rate meet the state's eligibility requirements.

           3)LAO Report  . In January 2013, the LAO reported to the  
            Legislature on CSAC implementation of the Cal Grant  
            requirements and provided recommendations for refining the  
            standards.  According to the LAO, in the absence of broad  
            agreement on direct, quantifiable measures,.  The LAO noted  
            that, while default rates and graduation rates provide rough  
            proximities of how well an institution is serving students,  
            these current standards have notable drawbacks, such as  
            failing to take into account institutions serving  
            disadvantaged students. 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081