BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2153
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2153 (Gray) - As Amended:  April 29, 2014 

          Policy Committee:                              Higher  
          EducationVote:11-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill places conditions on the offering of self-supporting  
          instructional programs and courses (extended education) at the  
          California State University (CSU) so as not to conflict with or  
          supplant state-supported course offerings. Specifically, this  
          bill:

          1)Prohibits CSU's self-supporting instructional programs  
            (extended education) from supplanting regular, state-supported  
            course offerings available during the academic year. For these  
            purposes, supplanting would occur when an undergraduate  
            matriculated student is required to take a more expensive  
            extension course to graduate because a state-supported course  
            is unavailable due to not being offered that term or all  
            state-supported sections are full during the academic year.

          2)Requires CSU campuses, to the extent possible, to ensure  
            courses required to complete undergraduate degrees for  
            matriculated students are offered as state-supported courses.

          3)Stipulates that a matriculated student required to take an  
            extension course to complete their undergraduate degree due to  
            the unavailability of a state-supported course shall pay the  
            lesser course fee, and requires that campuses, to the extent  
            possible, ensure that general fund money is not used to  
            support the student's enrollment in an extension course.

          4)Prohibits campuses from:

             a)   Reducing state-supported undergraduate offerings of a  
               course while increasing extended education offerings of  








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               that course.

             b)   Offering extension programs on campus at times or  
               locations that limit the number of state-supported courses.

          5)Stipulates that the number of self-supporting sections of any  
            individual course, including online courses, shall not exceed  
            the number of state-supported sections of that course.

          6)Allows a campus, notwithstanding (4) and (5), to add a  
            self-supporting section of a state-supported degree program or  
            increase the number of self-supporting sections of  
            state-supported course offerings, with approval from the CSU  
            Chancellor's Office, if:

             a)   The campus determines that state resources are  
               inadequate to provide additional state-supported sections.

             b)   There is no reduction in the aggregate number of  
               state-supported course offerings on the campus, provided  
               that CSU's budget has not been reduced from the prior  
               year's level.

          7)Requires the CSU Board of Trustees to annually certify  
            compliance with all of the above.

          8)States legislative intent that CSU be provided with sufficient  
            funding to provide core curriculum through state-supported  
            academic programs, that matriculated students are entitled to  
            receive their education within the bounds of a state-supported  
            tuition structure, and that a campus can ensure a student is  
            not required to enroll in an extension program, section, or  
            course in order to receive their postsecondary education in a  
            timely manner.

           FISCAL EFFECT  

          1)Annual GF costs of up to several million dollars to the extent  
            CSU must offer additional state-supported courses in lieu of  
            undergraduates taking self-supporting courses. According to  
            CSU, in the most recent academic year (fall/spring only),  
            undergraduate matriculating full-time equivalent students  
            (FTES) in self-supported courses totaled 1,143. Converting  
            this FTES to state support would cost $8.1 million. There  
            would be additional costs to the extent the unavailability of  








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            extended education courses results extending undergraduates  
            time to degree.

          2)CSU would also incur one-time programming costs and ongoing  
            costs to be able to count and compare the number of  
            state-supported and extended education courses by course.  
            One-time costs would exceed $1 million, and ongoing costs  
            would be several hundred thousand dollars systemwide.

          3)Costs to gather data and prepare an agenda item for CSU  
            Trustees to certify compliance would cost be about $200,000,   
            though much of these costs at the campus level would likely be  
            absorbed.

          4)There should be no additional state costs for matriculating  
            undergraduate students in self-supported courses to pay lower  
            fees equivalent to those for a state-supported course, as  
            self-supported course fees could be increased commensurately  
            for non-matriculating students.

          5)Fulfilling legislative intent to provide sufficient funding to  
            avoid matriculating students having to take extension courses  
            could create significant GF cost pressure during years when  
            state budgets overall are under stress.

           COMMENTS  

           1)Background  . Pursuant to CSU Executive Order 1047, special  
            sessions are offered as part of CSU's Extended Education to  
            support and extend the mission of the CSU. Under this program,  
            campuses offer baccalaureate and graduate degrees,  
            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:

             a)   Special session degree, certificate, and credential  
               programs. 

             b)   Open University, (permits nonmatriculated students to  
               enroll in regular university courses on a space available  
               basis, pay self-support fees and earn university academic  
               credit).

             c)   Contract and extension credit. 








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             d)   Non-credit certificates, courses, and programs. 

             e)   Continuing education units.  

            Many campus self-support units conduct programs during times  
            when regular academic operations are recessed (early January  
            and May). 

           2)Audit of CSU Extended Education  .  A December 2013 report by  
            the Bureau of State Audits (BSA) examined extended education  
            at CSU and the supplanting of state-supported courses.  BSA  
            found it difficult to determine 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,  
            hence AB 2153, and provided several recommendations to the  
            Chancellor's Office regarding oversight and compliance of  
            campus extension program activities.

            In response to the audit, the Chancellor's Office established  
            a 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 feedback  
            from the CSU community, and has held open meetings to discuss  
            definition options. Final recommendations are to be presented  
            to the Chancellor in June.

           3)Purpose  . According to the author, CCC and CSU extension  
            programs have increased costs for students who can ill afford  
            the additional fees but cannot afford to delay their  
            graduation.  Almost half of the students who enroll  
            exclusively in self-supported classes have an income of less  
            than $25,000.  This bill responds to the State Auditor's  
            recommendations by clarifying the definition of the term  
            supplant and requiring annual measures to ensure  








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            state-sponsored course offerings are not supplanted or  
            replaced by these added-cost courses.

            This bill is supported by several labor groups and opposed by  
            the CSU.

           4)Related Legislation  . AB 2610 (Williams), pending in the  
            Assembly, requires CSU to develop a definition of supplanting.  



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