BILL ANALYSIS �
AB 2153
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Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 2153 (Gray) - As Amended: April 8, 2014
SUBJECT : Postsecondary education: course offerings.
SUMMARY : Establishes a definition for "supplanting" for the
purposes of determining if California State University (CSU) and
California Community College (CCC) special session (extension)
courses are offered within the allowances provided in law.
Specifically, this bill :
1)For the purpose of CCC extension courses:
a) Defines the term "supplant" to mean to increase the
number of extension course offerings and correspondingly
decrease the number of regular course offerings at a
campus.
2)For the purpose of CSU extension courses:
a) Prohibits an extension course from supplanting a
state-supported course during the regular academic year,
including summer and winter intersessions;
i) Defines "supplant" to mean when a matriculated
student is required to take an extension course to
graduate because a state-supported section of that course
is unavailable either because the state-supported course
is not offered in that term or because all
state-supported sessions are full at the student's
campus.
b) Requires, to the extent possible, each campus to ensure
that any course required as a condition of degree
completion to be offered as a state-supported course;
c) Provides that a matriculated student who is required to
take an extension course to graduate because a
state-supported section is unavailable at the student's
campus shall pay the lesser of the state-supported section
and extension course fee. Requires, to the extent
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possible, campuses to not use general fund dollars to
support an extension course;
d) Prohibits a campus from reducing the number of
state-supported section course offerings while increasing
extension offerings of that course;
e) Prohibits campuses from offering extension programs at
the campus at times or in locations that limit the number
of regular course offerings that receive state funding;
f) Prohibits the number of extension courses of any
individual course, including online courses, from exceeding
the number of state-supported sections of that course at a
campus;
g) Provides that, with the approval from the Chancellor's
Office, a campus may add an extension section of a
state-supported degree program course so long as:
i) The campus has made the determination that state
resources are inadequate to provide for additional
state-supported sections;
ii) There is no corresponding reduction in the number of
state-supported sections on that campus;
iii) There is still sufficient demand to sustain both the
state-supported and the extension course sections; and,
iv) The extension section or sections comply with all
applicable state laws and systemwide and campus policies.
h) Requires the CSU Chancellor to provide guidance to
campuses regarding compliance and requires the CSU Trustees
to annually certify compliance at a regular meeting and
transmit certification to the Legislature by June 30 of
each academic year; and,
i) Establishes Legislative intent that CSU provide core
curriculum through state-supported academic programs, that
a matriculated student of CSU is entitled to a
postsecondary education within the bounds of a
state-supported tuition and fee structure, and that a
campus of CSU shall not require a student to enroll in a
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special session program, section, or course in order to
receive his or her postsecondary education in a timely
manner.
EXISTING LAW :
1)For purposes of CCC extension courses:
a) Requires the CCC Chancellor's Office (CCCCO) to
establish a voluntary pilot program, until January 1, 2018,
that authorizes specified community colleges (College of
the Canyons, Crafton Hills College, Long Beach City
College, Oxnard College, Pasadena City College, and Solano
Community College) to establish and maintain an extension
program.
i) The program is required to comply with all of the
following:
(1) Offered during summer and winter intersessions
only;
(2) Self-supporting;
(3) Open to the public;
(4) Developed in compliance with existing law and
regulations;
(5) Subject to collective bargaining; and,
(6) Offer courses that lead to certificates,
degrees, or transfer preparation.
ii) The CCC District is required to meet the following
conditions:
(1) At enrollment capacity for the prior two
years;
(2) Not received stabilization funding in the
prior two years;
(3) Offer only courses for credit with state
apportionment funding that meet basic skills,
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transfer, or workforce development objectives;
(4) Prioritize enrollment of students in state
apportionment funded courses by promoting policies
that prioritize enrollment for matriculated students
making satisfactory progress toward a basic skills,
transfer, or workforce development goal;
(5) Prioritize current resident students then and
new resident students for enrollment in extension
programs;
(6) Prohibits claiming apportionment for some
noncredit physical education, or visual or performing
arts courses unless necessary for degree completion;
and,
(7) Prohibits expending general fund dollars for
establishment or maintenance of extension programs.
iii) Prohibits an extension credit course from
supplanting any course funded with state apportionments
or from being offered at times or in locations that
supplant or limit the offering of programs that receive
state funding;
iv) Prohibits reduction of a state-funded course section
needed by students to achieve basic skills, workforce
training, or transfer goals, with the intent of
reestablishing those course sections as part of the
extension program and requires the CCC District to
certify compliance;
v) Authorizes the CCC District to charge students
enrolled in an extension course a fee that covers the
actual cost of the course and that is based upon the
district's nonresident fee rate for the year the course
is offered;
vi) Requires one-third of revenue collected to be used
by the CCC District to provide financial assistance to
students enrolling in extension courses, and requires
related reporting and outreach on financial assistance
programs; and,
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vii) Requires data collection and reporting from CCC
Districts, and requires the CCCCO to report to the
Legislative Analyst's Office (LAO), and requires the LAO
to report to the Legislature by January 1, 2017.
2)For purposes of CSU extension courses:
a) Requires CSU to establish tuition/fees adequate to meet
the cost of maintaining "special sessions" (extension
courses/programs) and defines "special sessions" to mean
self-supporting instructional programs conducted by CSU,
including, but not be limited to, career enrichment and
retraining programs; and,
b) Establishes Legislative intent that extension programs
may be provided throughout the year, and shall not supplant
regular course offerings available on a non self-supporting
basis during the regular academic year.
FISCAL EFFECT : Unknown
COMMENTS : Purpose of this bill . According to the author, CCC
and CSU extension programs have "resulted in increased costs for
students who can ill afford the additional fees but also cannot
afford to delay their graduation. As a result of impacted class
enrollment, almost half of students who enroll exclusively in
self-supported classes have an income of less than $25,000."
The author notes that in 2012, "the Joint Legislative Audit
Committee approved an audit which focused on the policies,
procedures, fee structures, revenues and reserve balances within
the CSU Extended Education program and its adherence to existing
system wide policies and applicable state laws. According to
state law, these self-supporting courses shall not supplant
regular course offerings available on a non-self-supporting
basis during the regular academic year. However, in December
2013, the California State Auditor's Office released the
completed audit and found it to be unclear whether supplanting
of state-supported classes occurred." This bill responds to the
State Auditor's recommendations by "clarifying the definition of
the term supplant and requiring annual measures to ensure
state-sponsored course offerings are not supplanted or replaced
by these added-cost courses."
CCC extension . As previously outlined, AB 955 (Williams,
Chapter 710, Statutes of 2013) establishes a pilot program for
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up to six CCC districts to offer extension courses, until
January 1, 2018. The pilot program includes clear requirements
and restrictions on the use of extension at these six campuses.
A definition of "supplanting" does not appear necessary for CCC
extension courses in light of the clear statutory guidance
provided to CCC districts participating in the pilot program.
The definition of supplanting established by this bill, to
increase the number of extension course offerings and
correspondingly decrease the number of regular course
("one-for-one"), also appears in conflict with the existing
requirements. The existing prohibition on supplanting
(replacing) courses specifically protects against the
supplanting of courses funded through state apportionment. The
"one-for-one" defining established in this bill does not appear
to account for reductions in state funding that may lead to
decreased state-funded courses and increased extension courses
in order to meet student need.
Finally, AB 955 established a five-year pilot program to be
reviewed by the LAO; meaning, the Legislature will have an
opportunity to establish additional definitions and/or
parameters on CCC extension, should the Legislature decide to
continue or expand the pilot program.
The Committee may wish to consider removing Section 1, which
defines "supplanting" for the purposes of CCC extension courses,
from the scope of this bill.
CSU extension: background . Governed by CSU Executive Order
1047, special sessions are offered as part of CSU's Extended
Education to support and extend the mission of the CSU with
quality programs that are affordably priced. Under the CSU
Extended and Continuing Education Program, campuses offer
baccalaureate and graduate degree programs, certificates, and
many forms of specialized education and training for business,
industry, and government.
While the composition of these campus programs varies
considerably, most maintain the following common instructional
elements:
1)Special session degree, certificate, and credential programs.
2)Open University, (permits nonmatriculated students to enroll
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in regular university courses on a space available basis, pay
self-support fees and earn university academic credit).
3)Contract and extension credit.
4)Non-credit certificates, courses, and programs.
5)Continuing education units.
Many campus self-support units conduct programs during times
when regular academic operations are recessed (early January and
May).
CSU extension: BSA Audit . In December 2013, the Bureau of State
Audits (BSA) released an audit report concerning extended
education in CSU and the supplanting of state-supported courses.
BSA found difficulty in determining the extent to which
"supplanting" occurred due to lack of clarity in the term. The
BSA audit considered two interpretations of supplanting: (1) a
campus could not require a student to enroll in a self-supported
course as the only path to their degree; and, (2) the plain
meaning definition of replacing a state-supported section with
an extension section. In analyzing campus course data for
fiscal years 2007-08 through 2011-12, BSA found potential
instances of supplanting under both definitions. BSA
recommended that the Legislature provide direction regarding the
interpretation of supplanting, and provided several
recommendations to the CSU Chancellor's Office regarding
oversight and compliance of campus extension program activities.
CSU extension: summer and winter intersession . As currently
drafted, this bill would prohibit CSU from offering an extension
course in summer or winter intersession, or in any term, unless
state-supported sections of that course were offered and
available to matriculated students. According to CSU,
self-support enrollment by regular matriculated students is
about 3% of overall extended education enrollment. Over 80% of
those regular matriculated students, however, are taking
extension courses in summer school, primarily due to funding
constraints that made state-supported sections unavailable
during summer and winter intersessions. By restricting the
ability of CSU to offer extension courses in summer, without
simultaneously increasing funding to provide state-supported
courses, this bill could inadvertently result in increased time
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to degree.
The Committee may wish to consider an amendment to define
supplanting to have occurred only when a matriculated student is
required to take a more expensive special session course to
graduate because that course is not offered or is full in any
academic year, rather than term, and specifically excluding
summer and winter intersession terms.
CSU extension: allowances for budget constraints and enrollment
demands . Extension courses and programs are intended to be
supplemental, and not replace regular state-supported course
offerings. However, there are instances where changing
enrollment demands, unsustainable program costs, or state budget
constraints force difficult decisions about course and program
offerings. This bill, without providing additional resources to
CSU to assure ongoing availability of state-supported courses
and programs, could inadvertently result in elimination of both
state-supported and extended education programs. Elimination of
CSU extension programs would remove an option currently
available to non-traditional students who otherwise may enroll
in private and for-profit educational institutions; this issue
may be particularly relevant in graduate programs which cater to
working professionals.
The Committee may wish to consider amendments to provide
additional allowances for CSU extension programs to respond to
budget reductions and changing enrollment demands, to limit the
scope of the bill to undergraduate programs, and to and to
express support for sufficient funding for CSU state-supported
academic programs.
CSU extension: Is this bill premature ? In response to the BSA
audit, the CSU Chancellor's Office established an Extended
Education State Audit Task Force to develop a definition of
supplanting and make a recommendation to the Chancellor. The
Task Force includes five campus presidents, four faculty
members, two provosts, two extended education representatives,
and two Office of the Chancellor representatives. The Task
Force solicited comments/feedback from the CSU community, and
has held meetings open to the public to discuss definition
options. The final recommendations are expected to the
presented to the Chancellor in June.
The Committee may wish to consider whether it is appropriate to
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wait for the CSU Chancellor's Office Task Force recommendations
before establishing a statutory definition.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California Faculty Association
California Labor Federation
California School Employees Association
California Teachers Association
Service Employees International Union
Opposition
California State University, Office of the Chancellor
California State University, Sacramento
California State University, Channel Islands
California State University, Fullerton
Humboldt State University
Long Beach Community College District
San Jose State University
Sonoma State University
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960