BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2099
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2099 (Frazier) - As Amended:  May 7, 2014 

          Policy Committee:                              Higher  
          EducationVote:10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires postsecondary educational institutions to  
          meet minimum specified requirements to enroll students receiving  
          federal veterans' education (Title 38) benefits and to report  
          specified outcome measures for veteran students. Specifically,  
          this bill requires an institution, in order to qualify, to:

             1)   Provide evidence of accreditation to the California  
               State Approving Agency for Veterans Education (CSAAVE),  
               within the California Department of Veterans Affairs  
               (CalVet).

             2)   Provide data to CSAAVE, to the extent determined  
               feasible by CSAAVE, regarding the institution's veteran  
               student retention rate and graduation rate, time to degree,  
               cohort default rate, and graduate placement and graduate  
               starting salary.

             3)   Meet one of the following requirements:

             a)   The institution maintains a three-year Cohort Default  
               Rate (CDR) of less than 15.5% and a graduation rate of  
               greater than 30%; or,

             b)   The institution maintains a three-year CDR of less than  
               10% and a graduation rate of above 20% (eligible until  
               2018-19); or,

             c)   Less than 40% of undergraduate students borrow federal  
               loans.









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               An institution that becomes ineligible under above  
               requirements may instead gain eligibility under the  
               requirement in (4).

             4)   Be a private postsecondary institution issued an  
               approval to operate from, and be subject to the regulatory  
               oversight and enforcement of student protections provided  
               by, the Bureau for Private Postsecondary Education  
               (Bureau).

           FISCAL EFFECT  

          1)Major statewide costs for every campus of the public  
            postsecondary segments to provide data to CSAAVE on veteran  
            student retention rate and graduation rate, time to degree,  
            cohort default rate, and graduate placement and graduate  
            starting salary, as none of this information is currently  
            collected or calculated specifically for veterans. Ongoing  
            costs would be around $200,000 for UC, around $400,000 at CSU  
            and over $10 million at the community colleges, which enroll  
            the vast majority of veteran students among the three  
            segments.

          2)CalVet indicates that costs for CSAAVE should be absorbable,  
            however, the bill does not require CSAAVE to do anything with  
            the data to be submitted by public and private institutions.  
            Any effort to standardize reporting and to summarize and  
            analyze this information would likely entail significant  
            costs.

           COMMENTS  

              1)   Background  . Federal educational benefits are currently  
               available both to active duty personnel and veterans  
               through two key programs: the Tuition Assistance program  
               administered and run by the Department of Defense (DOD) and  
               the Post-9/11 Veterans Educational Assistance Act  
               administered by the Department of Veterans Affairs (VA).   
               According to data from the National Center for Education  
               Statistics, during Fiscal Year 2011, 923,836 U.S. service  
               members received over $10 billion in assistance from  
               military and veteran educational benefit programs, with  
               9.6% living in California.

              2)   CSAAVE  is federally funded and housed within CalVet. In  








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               its role as the approval agency, the primary function of  
               CSAAVE is to review, evaluate and approve quality  
               educational and training programs for veteran's benefits.   
               CSAAVE is intended to approve colleges and universities,  
               vocational schools, business schools, professional schools,  
               and licensing and certification training and tests, all of  
               which must lead to an educational, professional or  
               vocational objective. 

              3)   Purpose  . According to the author, this bill is intended  
               to tighten requirements that colleges must meet in order to  
               be approved by CSAAVE to enroll Title 38 recipients,  
               providing additional protection to veterans from  
               unscrupulous colleges that often leave students with high  
               debt and without a degree or certificate of any value.

              4)   Conforming to Cal Grant Standards  . In an effort to  
               increase accountability over public financial aid  
               expenditures and to help address the state's budget  
               deficit, in 2011 requirements were established linking  
               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 (CDR).  In 2012, the CDR requirements  
               were tightened and a minimum graduation rate requirement  
               was established.  In January 2013, the Legislative  
               Analyst's Office (LAO) reported on the Cal Grant  
               requirements and found that default and graduation rates  
               provide rough proximities of how well an institution is  
               serving students.  This bill requires, among other  
               provisions, that an institution seeking to enroll students  
               under Title 38, meet the program quality standards (CDR and  
               graduation rate) of the Cal Grant Program, or be approved  
               and regulated by the Bureau.   

              5)   Bureau Oversight  . While some private postsecondary  
               institutions receiving Title 38 funds are subject to the  
               Bureau's oversight, many institutions are provided an  
               exemption from the Bureau's enforcement authority.  This  
               bill would require an institution seeking to enroll  
               students under Title 38, and that does not meet the Cal  
               Grant Program quality standards, to instead seek and obtain  
               an approval to operate from the Bureau; thereby ensuring  
               the Bureau can take action to protect a veteran student.









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              6)   Unaccredited Institutions  . While accredited and  
               unaccredited education and training programs are allowed to  
               operate in California, only accredited institutions are  
               authorized to participate in virtually all federal and  
               state financial aid programs. One exception to the  
               accreditation requirement is under Title 38 veterans  
               funds.This bill would require institutions offering  
               unaccredited degrees to obtain accreditation, or  
               discontinue degree programs (possibly create approved  
               certificate programs instead).  Unaccredited programs would  
               still be authorized to operate in California, but such  
               institutions would not be approved for Title 38 award use.

              7)   Opposition  . The University of Phoenix objects to the  
               reporting requirement as a costly, cumbersome and  
               unnecessary exercise that will be of little practical  
               value. UOPX notes that veterans, like most of their student  
               population, are non-traditional students that will likely  
               have similar outcomes to the general student population.

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