Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Under existing law, 23 institutions of higher education constitute the California State University. Existing law requires that tuition fees adequate to meet the cost of maintaining special sessions, as defined, in the California State University be collected from students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. Existing law prohibits self-supporting special sessions, as defined, from supplanting regular course offerings available on a non-self-supporting basis during the regular academic year.

This bill would provide that, for purposes of these provisions, supplanting occurs when an institution reduces the number of state-supported course offerings while increasing the number of self-supporting versions of that course. The bill also requires, to the extent possible, that each campus ensure that a state-supported course is offered for any course required as a condition of undergraduate degree completion for a state-supported matriculated student. The bill would prohibit all campuses from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Under existing law, 23 institutions of higher education constitute the California State University. Existing law requires that tuition fees adequate to meet the cost of maintaining special sessions, as defined, in the California State University be collected from students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. Existing law prohibits self-supporting special sessions, as defined, from supplanting regular course offerings available on a non-self-supporting basis during the regular academic year.

This bill would provide that, for purposes of these provisions, supplanting occurs when an institution reduces the number of state-supported course offerings while increasing the number of self-supporting versions of that course. The bill also requires, to the extent possible, that each campus ensure that a state-supported course is offered for any course required as a condition of undergraduate degree completion for a state-supported matriculated student. The bill would prohibit all campuses from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Under existing law, 23 institutions of higher education constitute the California State University. Existing law requires that tuition fees adequate to meet the cost of maintaining special sessions, as defined, in the California State University be collected from students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. Existing law prohibits self-supporting special sessions, as defined, from supplanting regular course offerings available on a non-self-supporting basis during the regular academic year.

This bill would provide that, for purposes of these provisions, supplanting occurs when an institution reduces the number of state-supported course offerings while increasing the number of self-supporting versions of that course. The bill also requires, to the extent possible, that each campus ensure that a state-supported course is offered for any course required as a condition of undergraduate degree completion for a state-supported matriculated student. The bill would prohibit all campuses from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

 THIRD READING  

Bill No: AB 716

Author: Low (D)

Introduced: 2/25/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 6/24/15

AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

NO VOTE RECORDED: Runner

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote

SUBJECT: California State University: special sessions

SOURCE: Author

DIGEST: This bill defines “supplanting” for purposes of special session instructional programs offered at the California State University (CSU), and establishes requirements and prohibitions on the offering of state-supported and special session courses for the purposes of degree completion and graduation.

ANALYSIS:

Existing law:

1. Authorizes the CSU to require and collect tuition fees from students enrolled in each special session adequate in the long run, to meet the cost of maintaining special sessions. "Special sessions" at the CSU are defined to include, but not be limited to, career enrichment and retraining programs.

2. Declares the intent of the Legislature that the programs specified above, offered on a self-supporting basis by the CSU during summer sessions, may be provided throughout the year; and prohibits these courses from supplanting state-supported course offerings during the regular academic year. (EC § 89708)

This bill:

1. Defines supplanting to mean a reduction in the number of state-supported course offerings while increasing the number of self-supporting versions of that course.

2. Requires that each CSU campus, to the extent possible, ensure that courses required for state-supported matriculated students to complete their undergraduate degrees be offered as state-supported courses.

3. Prohibits a campus from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

Comments

1. Bureau of State Audits (BSA) report. In December 2013, the State Auditor issued a report, California State University's Extended Education. The report found that, because state law does not define "supplanting,” it was not possible to determine the extent to which such occurred at the three campuses reviewed. Depending upon the definition used, the Auditor identified as few as 26, and as many as 914 instances in which supplanting may have occurred. In addition, among other things, the report noted that campuses did not always prepare statements of revenues and expenditures when setting fees, as required per CSU student fee policy, revenues from extended education generally exceeded expenditures, and two of the three campuses did not notify the Chancellor's Office, as required, before converting a state-supported program to a self-supported program.

Among other things, the report recommended that the Legislature enact statutory language clarifying and defining "supplant" and include a description of how CSU should measure whether supplanting is occurring.

2. CSU Response. Among the recommendations, the Bureau of State Audits (BSA) proposed that the Chancellor's Office immediately begin working with the Legislature and its staff to clarify its intent regarding supplanting. Further, that until clarified by the Legislature, the Chancellor's Office should immediately finalize its executive order pertaining to extended education.

In response, the CSU convened a task force comprised of presidents, provosts, extended education deans, academic senators and student representation to work with the Chancellor's Office staff to discuss and suggest draft supplant language. According to the BSA, the Assistant Vice Chancellor of the CSU Office of Advocacy and State Relations met with the Chair of the Higher Education Committee on February 10, 2014, and discussed next steps. The Chancellor also approved the supplant language definition as recommended by the task force on May 23, 2014. As a result of the task force meetings, CSU Executive Order 1099 was issued in June 2014.

The California State Auditor’s assessment of the status of these recommendations is that they have been fully implemented.

3. CSU Executive Order 1099. CSU Executive Order 1099, issued in June 2014, outlines the procedures to be followed by each CSU campus in offering extended education self-support courses and programs, including those offered in summer session and winter intercession.

Among other things, the Executive Order provides that for degree, credential or certificate programs, or individual academic credit bearing courses to be offered during regular college terms, CSU Operating Funds must be either unavailable or inappropriate for supporting the offerings and meet one additional criteria from the following list:

1. Courses or programs must be designed primarily for career enrichment or retraining.

2. Course or program location is removed from permanent state-supported facility.

3. Courses or programs are offered through a distinct technology.

4. There must have been a cessation of non-state funding that previously provided educational or other services that cost beyond that which could reasonably be provided with CSU operating funds.

In addition, the CSU is prohibited from requiring a state-support matriculated student from enrolling in self-support courses in order to fulfill the graduation requirements of a state-supported degree program. This bill’s provisions generally parallel this element of the Executive Order.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/6/15)

California Faculty Association

California Teachers Association

OPPOSITION: (Verified 7/6/15)

None received

ASSEMBLY FLOOR: 77-0, 4/30/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Chávez, Olsen

Prepared by: Kathleen Chavira / ED. / (916) 651-4105

7/7/15 17:14:23

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 716

Subject: California State University: special sessions

SUMMARY

This bill, defines “supplanting” for purposes of special session instructional programs offered at the California State University (CSU), and establishes requirements and prohibitions on the offering of state-supported and special session courses for the purposes of degree completion and graduation.

BACKGROUND

Current law authorizes the CSU to require and collect tuition fees from students enrolled in each special session adequate in the long run, to meet the cost of maintaining special sessions. "Special sessions," at the CSU are defined to include, but not be limited to, career enrichment and retraining programs. Current law also declares the intent of the Legislature that these programs, offered on a self-supporting basis by the CSU during summer sessions, may be provided throughout the year. Current law prohibits these courses from supplanting state-supported course offerings during the regular academic year. (EC § 89708)

ANALYSIS

This bill:

1. Defines supplanting to mean a reduction in the number of state-supported course offerings while increasing the number of self-supporting versions of that course.

2. Requires that each CSU campus, to the extent possible, ensure that courses required for state-supported matriculated students to complete their undergraduate degrees be offered as state-supported courses.

3. Prohibits a campus from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

STAFF COMMENTS

1. Bureau of State Audits (BSA) report. In December 2013, the State Auditor issued a report, California State University's Extended Education. The report found that, because state law does not define "supplanting,” it was not possible to determine the extent to which such occurred at the three campuses reviewed. Depending upon the definition used, the Auditor identified as few as 26, and as many as 914 instances in which supplanting may have occurred. In addition, among other things, the report noted that campuses did not always prepare statements of revenues and expenditures when setting fees, as required per California State University (CSU) student fee policy, revenues from extended education generally exceeded expenditures, and two of the three campuses did not notify the Chancellor's Office, as required, before converting a state-supported program to a self-supported program.

Among other things, the report recommended that the Legislature enact statutory language clarifying and defining "supplant" and include a description of how CSU should measure whether supplanting is occurring.

2. CSU Response. Among the recommendations, the Bureau of State Audits (BSA) proposed that the Chancellor's Office immediately begin working with the Legislature and its staff to clarify its intent regarding supplanting. Further, that until clarified by the Legislature, the Chancellor's Office should immediately finalize its executive order pertaining to extended education.

In response, the CSU convened a task force comprised of presidents, provosts, extended education deans, academic senators and student representation to work with the Chancellor's Office staff to discuss and suggest draft supplant language. According to the BSA, the Assistant Vice Chancellor of the CSU Office of Advocacy and State Relations met with the Chair of the Higher Education Committee on February 10, 2014 and discussed next steps. The Chancellor also approved the supplant language definition as recommended by the task force on May 23, 2014. As a result of the Task Force meetings, CSU Executive Order 1099 was issued in June 2014.

The California State Auditor’s assessment of the status of these recommendations is that they have been fully implemented.

3. CSU Executive Order (EO) 1099. CSU Executive Order 1099, issued in June 2014, outlines the procedures to be followed by each CSU campus in offering extended education self-support courses and programs, including those offered in summer session and winter intercession.

Among other things the EO provides that for degree, credential or certificate programs, or individual academic credit bearing courses to be offered during regular college terms CSU Operating Funds must be either unavailable or inappropriate for supporting the offerings and meet one additional criteria from the following list:

1. Courses or programs must be designed primarily for career enrichment or retraining.

2. Course or program location is removed from permanent state-supported facility.

3. Courses or programs are offered through a distinct technology.

4. There must have been a cessation of non-state funding that previously provided educational or other services that cost beyond that which could reasonably be provided with CSU operating funds.

In addition, the CSU is prohibited from requiring a state-support matriculated student from enrolling in self-support courses in order to fulfill the graduation requirements of a state-supported degree program. This bill’s provisions generally parallel this element of the Executive Order.

4. Self-supporting programs at the CSU. According to the CSU, their extended and continuing education programs 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 vary considerably, most maintain the following common instructional elements:

1. Special session degree, certificate, and credential programs.

2. 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).

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). In 2014, the CSU reported that about 3 percent of state-supported CSU students chose to enroll in self-supported courses.

5. Special session degree programs. According to a report presented to the CSU Board of Trustees in September 2010, in academic year 2008-09, Extended Education offered 149 special session degree programs in high demand fields such as business, healthcare and nursing, biotechnology, criminal justice and education, enrolling 16,115 annual full-time equivalent students in courses for credit. According to the CSU, revenue of more than $165 million was generated by extension and continuing education students taking these courses for credit across the 23 CSU campuses. Students enrolled in these special session degree program courses are eligible for financial aid, except for the Cal Grant and the CSU State University Grant.

According to the report, there had been an approximate 50 percent increase in degree program registrations in Extended and Continuing Education Programs between 2007-2008 and 2008-2009. The CSU noted that most of this growth had been at the master's degree level, with a slight increase in the number of online bachelor's degrees and degree completion programs offered. This information was presented to the Trustees as the result of a study commissioned to review potential avenues of expansion for Extended Education to meet the needs of CSU students and working professionals and to supply an educated workforce in California.

6. Related and prior legislation.

PRIOR LEGISLATION

AB 2610 (Williams) proposed a definition of supplanting in response to the Bureau of State Audits (BSA) report recommendations. The contents of AB 2610 were based upon the recommendations of the CSU Task Force and generally defined supplanting as the elimination of a state-supported degree program entirely and replacement of it with a self-supporting instruction program. AB 2610 was heard and passed by this Committee in June 2014 by a vote of 6-0 but was subsequently held in the Senate Appropriations Committee.

AB 2153 (Gray) proposed a definition of supplanting in response to the BSA report recommendations. This bill generally defined supplanting as occurring when a state-supported course is not offered during a term or all state state-supported sections of the course are full during the academic year at the student's campus and the course is offered in a special session. It also required that a matriculated student required to take a special session course to complete his or her undergraduate degree pay the lesser of the state supported section and special session course fee.

AB 2427 (Butler, 2012) would have required the CSU to annually report to the Legislature on its Extended and Continuing Education Programs, including the number of students enrolled, the number of degree credit and units offered, the range of fees charged and, to the extent possible, a five-year trend for this information. The also required that this information be reported to the CSU Trustees annually. AB 2427 passed this Committee in July 2012 by a vote of 7-2, but was subsequently held under submission in the Senate Appropriations Committee.

SUPPORT

California Faculty Association

California Teachers Association

OPPOSITION

None received.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 716

Subject: California State University: special sessions

SUMMARY

This bill, defines “supplanting” for purposes of special session instructional programs offered at the California State University (CSU), and establishes requirements and prohibitions on the offering of state-supported and special session courses for the purposes of degree completion and graduation.

BACKGROUND

Current law authorizes the CSU to require and collect tuition fees from students enrolled in each special session adequate in the long run, to meet the cost of maintaining special sessions. "Special sessions," at the CSU are defined to include, but not be limited to, career enrichment and retraining programs. Current law also declares the intent of the Legislature that these programs, offered on a self-supporting basis by the CSU during summer sessions, may be provided throughout the year. Current law prohibits these courses from supplanting state-supported course offerings during the regular academic year. (EC § 89708)

ANALYSIS

This bill:

1. Defines supplanting to mean a reduction in the number of state-supported course offerings while increasing the number of self-supporting versions of that course.

2. Requires that each CSU campus, to the extent possible, ensure that courses required for state-supported matriculated students to complete their undergraduate degrees be offered as state-supported courses.

3. Prohibits a campus from requiring a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program.

STAFF COMMENTS

1. Bureau of State Audits (BSA) report. In December 2013, the State Auditor issued a report, California State University's Extended Education. The report found that, because state law does not define "supplanting,” it was not possible to determine the extent to which such occurred at the three campuses reviewed. Depending upon the definition used, the Auditor identified as few as 26, and as many as 914 instances in which supplanting may have occurred. In addition, among other things, the report noted that campuses did not always prepare statements of revenues and expenditures when setting fees, as required per California State University (CSU) student fee policy, revenues from extended education generally exceeded expenditures, and two of the three campuses did not notify the Chancellor's Office, as required, before converting a state-supported program to a self-supported program.

Among other things, the report recommended that the Legislature enact statutory language clarifying and defining "supplant" and include a description of how CSU should measure whether supplanting is occurring.

2. CSU Response. Among the recommendations, the Bureau of State Audits (BSA) proposed that the Chancellor's Office immediately begin working with the Legislature and its staff to clarify its intent regarding supplanting. Further, that until clarified by the Legislature, the Chancellor's Office should immediately finalize its executive order pertaining to extended education.

In response, the CSU convened a task force comprised of presidents, provosts, extended education deans, academic senators and student representation to work with the Chancellor's Office staff to discuss and suggest draft supplant language. According to the BSA, the Assistant Vice Chancellor of the CSU Office of Advocacy and State Relations met with the Chair of the Higher Education Committee on February 10, 2014 and discussed next steps. The Chancellor also approved the supplant language definition as recommended by the task force on May 23, 2014. As a result of the Task Force meetings, CSU Executive Order 1099 was issued in June 2014.

The California State Auditor’s assessment of the status of these recommendations is that they have been fully implemented.

3. CSU Executive Order (EO) 1099. CSU Executive Order 1099, issued in June 2014, outlines the procedures to be followed by each CSU campus in offering extended education self-support courses and programs, including those offered in summer session and winter intercession.

Among other things the EO provides that for degree, credential or certificate programs, or individual academic credit bearing courses to be offered during regular college terms CSU Operating Funds must be either unavailable or inappropriate for supporting the offerings and meet one additional criteria from the following list:

1. Courses or programs must be designed primarily for career enrichment or retraining.

2. Course or program location is removed from permanent state-supported facility.

3. Courses or programs are offered through a distinct technology.

4. There must have been a cessation of non-state funding that previously provided educational or other services that cost beyond that which could reasonably be provided with CSU operating funds.

In addition, the CSU is prohibited from requiring a state-support matriculated student from enrolling in self-support courses in order to fulfill the graduation requirements of a state-supported degree program. This bill’s provisions generally parallel this element of the Executive Order.

4. Self-supporting programs at the CSU. According to the CSU, their extended and continuing education programs 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 vary considerably, most maintain the following common instructional elements:

1. Special session degree, certificate, and credential programs.

2. 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).

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). In 2014, the CSU reported that about 3 percent of state-supported CSU students chose to enroll in self-supported courses.

5. Special session degree programs. According to a report presented to the CSU Board of Trustees in September 2010, in academic year 2008-09, Extended Education offered 149 special session degree programs in high demand fields such as business, healthcare and nursing, biotechnology, criminal justice and education, enrolling 16,115 annual full-time equivalent students in courses for credit. According to the CSU, revenue of more than $165 million was generated by extension and continuing education students taking these courses for credit across the 23 CSU campuses. Students enrolled in these special session degree program courses are eligible for financial aid, except for the Cal Grant and the CSU State University Grant.

According to the report, there had been an approximate 50 percent increase in degree program registrations in Extended and Continuing Education Programs between 2007-2008 and 2008-2009. The CSU noted that most of this growth had been at the master's degree level, with a slight increase in the number of online bachelor's degrees and degree completion programs offered. This information was presented to the Trustees as the result of a study commissioned to review potential avenues of expansion for Extended Education to meet the needs of CSU students and working professionals and to supply an educated workforce in California.

6. PRIOR LEGISLATION

AB 2610 (Williams) proposed a definition of supplanting in response to the Bureau of State Audits (BSA) report recommendations. The contents of AB 2610 were based upon the recommendations of the CSU Task Force and generally defined supplanting as the elimination of a state-supported degree program entirely and replacement of it with a self-supporting instruction program. AB 2610 was heard and passed by this Committee in June 2014 by a vote of 6-0 but was subsequently held in the Senate Appropriations Committee.

AB 2153 (Gray) proposed a definition of supplanting in response to the BSA report recommendations. This bill generally defined supplanting as occurring when a state-supported course is not offered during a term or all state state-supported sections of the course are full during the academic year at the student's campus and the course is offered in a special session. It also required that a matriculated student required to take a special session course to complete his or her undergraduate degree pay the lesser of the state supported section and special session course fee.

AB 2427 (Butler, 2012) would have required the CSU to annually report to the Legislature on its Extended and Continuing Education Programs, including the number of students enrolled, the number of degree credit and units offered, the range of fees charged and, to the extent possible, a five-year trend for this information. The also required that this information be reported to the CSU Trustees annually. AB 2427 passed this Committee in July 2012 by a vote of 7-2, but was subsequently held under submission in the Senate Appropriations Committee.

SUPPORT

California Faculty Association

California Teachers Association

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 716

Author:(Low)

As Introduced Ver:February 25, 2015

Majority vote

SUMMARY: Defines "supplanting" for purposes of California State University (CSU) special sessions (extended education) to mean "reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course"; requires each campus to ensure any course required as a condition of state-supported undergraduate degree completion to be offered as a state-supported course; and, prohibits a campus from requiring a state-supported student to enroll in an extended education course in order to fulfill a graduation requirement.

EXISTING LAW:

1. 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,

2. 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: According to the Assembly Appropriations Committee, CSU indicates no additional costs, as the bill is consistent with its current policies.

COMMENTS: Background. 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 campus extended education programs varies considerably, most maintain common instructional elements, including allowing nonmatriculated students to enroll in courses, pay self-support fees and earn university academic credit. Many campus extended education programs are conducted during times when regular academic operations are recessed.

Concern over CSU use of extension. During California's budget crisis funding reductions to CSU resulted in fewer state-supported course offerings. CSU also increased extended education programming. Because demand for some state-supported courses exceeded availability, some students enrolled in extended education courses to meet graduation requirements. Financial aid programs generally do not cover the higher priced extended education costs, and concerns were raised about the impact of forcing matriculated CSU students to take extended education courses in order to graduate. These concerns led the Joint Legislative Audit Committee (JLAC) to request an audit of CSU's use of extended education programming.

Audit of CSU Extended Education. 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 Executive Order (EO) 1099. In response to the BSA audit, the CSU Chancellor's Office (CO) established an Extended Education State Audit Task Force to develop a definition of supplanting and make recommendations. The Task Force included 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 of the Task Force were presented to the Chancellor; on June 9, 2014, the Chancellor issued EO 1099 relating to extended education. The CSU indicates the definition contained in this bill is consistent with their current EO.

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0000204

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 716

Author:(Low) – As Introduced Ver:February 25, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill defines "supplanting," as used in the existing prohibition on California State University (CSU) self-supporting special session classes supplanting regular state-supported CSU course offerings. Specifically, this bill:

1. Defines supplanting as reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course.

2. Requires each CSU campus to ensure any course required as a condition of undergraduate degree completion for a state-supported student shall be offered as a state-supported course, and prohibits a campus from requiring such a student to enroll in a special session course to fulfill a graduation requirement for a state-supported degree program.

FISCAL EFFECT:

CSU indicates no additional costs, as the bill is consistent with its current policies.

COMMENTS:

1. Background. Pursuant to CSU Executive Order (EO) 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.

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. In response to the BSA audit, the CSU Chancellor's Office (CO) established an Extended Education State Audit Task Force to develop a definition of supplanting and make recommendations. As a result of the task force, CSU issued EO1099 in June 2014, which expressly prohibits, consistent with current law, extended education programs from supplanting regular state-supported course offerings during the regular academic year; however, supplanting is not defined.

2. Purpose. This bill defines supplanting to mean reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course. EO 1099 also states, consistent with the requirement included in this bill, that CSU campuses are prohibited from requiring a state-supported student to enroll in an extended education course in order to fulfill a graduation requirement. 

3. Prior Legislation. AB 2153 (Gray, 2014) and AB 2610 (Williams, 2014) would have establish a definition of "supplanting" for the purpose of CSU extension. AB 2153 was held in the Senate Education Committee and AB 2610 was held in the Senate Appropriations Committee.

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

Date of Hearing: April 7, 2015

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 716

Author:(Low) – As Introduced Ver:February 25, 2015

SUBJECT: California State University: special sessions

SUMMARY: Defines "supplanting" for purposes of California State University (CSU) special sessions (extended education) to mean "reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course"; requires each campus to ensure any course required as a condition of state-supported undergraduate degree completion to be offered as a state-supported course; and, prohibits a campus from requiring a state-supported student to enroll in an extended education course in order to fulfill a graduation requirement.

EXISTING LAW:

1. 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,

2. 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: Background. 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 campus extended education programs varies considerably, most maintain common instructional elements, including allowing nonmatriculated students to enroll in courses, pay self-support fees and earn university academic credit. Many campus extended education programs are conducted during times when regular academic operations are recessed.

Concern over CSU use of extension. During California's budget crisis funding reductions to CSU resulted in fewer state-supported course offerings. CSU also increased extended education programming. Because demand for some state-supported courses exceeded availability, some students enrolled in extended education courses to meet graduation requirements. Financial aid programs generally do not cover the higher priced extended education costs, and concerns were raised about the impact of forcing matriculated CSU students to take extended education courses in order to graduate. These concerns led the Joint Legislative Audit Committee (JLAC) to request an audit of CSU's use of extended education programming.

Audit of CSU Extended Education. 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 Executive Order (EO) 1099. In response to the BSA audit, the CSU Chancellor's Office (CO) established an Extended Education State Audit Task Force to develop a definition of supplanting and make recommendations. The Task Force included 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 of the Task Force were presented to the Chancellor; on June 9, 2014, the Chancellor issued EO 1099 relating to extended education.

Supplanting courses and serving students. EO1099 expressly prohibits, consistent with current law, extended education programs from supplanting regular state-supported course offerings during the regular academic year; however, supplanting is not defined. This bill defines supplanting to mean reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course. In order to determine campus compliance with EO 1099 for the prior academic year, the CSU CO determined if at any campus there was a decrease in state-supported FTES served and an increase in state-supported students enrolled in extended education instruction. The CSU CO is working with campuses that reported an increase in state-supported students enrolled in extended education courses. This bill would expressly define supplanting in terms of the number of course offerings.

Requiring extended education for graduation.  EO 1099 states, consistent with the requirement contained in this bill, that CSU campuses are prohibited from requiring a state-supported student to enroll in an extended education course in order to fulfill a graduation requirement.  However, in both the EO and in this bill, it is undefined when and how it would be determined that a matriculated student was required to take an extended education course in order to meet graduation requirements.  Committee staff understands that under the current CSU EO, a state-supported student is considered to have been required to enroll in an extended education course only if the student is actually required to enroll in an extended education course; however, the student may be unable to take the course because it is not offered or is full. 

Prior legislation.

AB 2153 (Gray, 2014) and AB 2610 (Williams, 2014) would have establish a definition of "supplanting" for the purpose of CSU extension. AB 2153 was held in the Senate Education Committee and AB 2610 was held in the Senate Appropriations Committee.

AB 2427 (Butler, 2012), held in the Senate Appropriations Committee, would have required CSU to annually report to the Legislature on extended education and the CSU Trustees to publicly notice, hear, and approve any changes to special session fees.

SB 1011 (Calderon, 2010), which was held in the Senate, would have prohibited CSU summer session fees from exceeding the fees charged per credit unit for any other academic term, except for courses taken solely for the purpose of career enhancement or job retraining.

REGISTERED SUPPORT / OPPOSITION:

Support

California Faculty Association

Opposition

None on File

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