Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act requires an institution that is subject to the acts provisions to enroll each student solely by means of executing an enrollment agreement, and requires a student without a high school diploma or its equivalent, before enrolling, to take an independently administered examination from a list of examinations prescribed as of July 1, 2012, by the United States Department of Education and achieve a passing score, as specified by the United States Department of Education. The act further authorizes the bureau to publish its own list of acceptable examinations and required passing scores if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training.

This bill would require the bureau to review, on or before July 1, 2016, the list of examinations prescribed by the United States Department of Education as of the time of the review. If the bureau determines there is no examination on that list appropriate for students with limited English proficiency and without a high school diploma or its equivalent, the bill would require the bureau to approve an alternative examination for these students, as specified.

Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act requires an institution that is subject to the acts provisions to enroll each student solely by means of executing an enrollment agreement, and requires a student without a high school diploma or its equivalent, before enrolling, to take an independently administered examination from a list of examinations prescribed as of July 1, 2012, by the United States Department of Education and achieve a passing score, as specified by the United States Department of Education. The act further authorizes the bureau to publish its own list of acceptable examinations and required passing scores if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training.

This bill would require the bureau to review, on or before July 1, 2016, the list of examinations prescribed by the United States Department of Education as of the time of the review. If the bureau determines there is no examination on that list appropriate for students with limited English proficiency and without a high school diploma or its equivalent, the bill would require the bureau to approve an alternative examination for these students, as specified.

Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act requires an institution that is subject to the acts provisions to enroll each student solely by means of executing an enrollment agreement, and requires a student without a high school diploma or its equivalent, before enrolling, to take an independently administered examination from a list of examinations prescribed as of July 1, 2012, by the United States Department of Education and achieve a passing score, as specified by the United States Department of Education. The act further authorizes the bureau to publish its own list of acceptable examinations and required passing scores if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training.

This bill would require the bureau to include the Comprehensive Adult Student Assessment System examination on the list. review, on or before July 1, 2016, the list of examinations prescribed by the United States Department of Education as of the time of the review. If the bureau determines there is no examination on that list appropriate for students with limited English proficiency and without a high school diploma or its equivalent, the bill would require the bureau to approve an alternative examination for these students, as specified.

Existing law declares the need for California to have a well-educated and highly skilled workforce in the state.

This bill would make a technical, nonsubstantive change to this declaration.

 THIRD READING  

Bill No: AB 752

Author: Salas (D)

Amended: 4/23/15 in Assembly

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/22/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE EDUCATION COMMITTEE: 7-0, 7/1/15

AYES: Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak

NO VOTE RECORDED: Block, Hancock

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for vote

SUBJECT: Private postsecondary education: California Private Postsecondary Education Act of 2009

SOURCE: Author

DIGEST: This bill requires the Bureau for Private Postsecondary Education, by July 1, 2016, to review the list of examinations prescribed by the U.S. Department of Education and if the Bureau determines there is no examination appropriate for ability-to-benefit students with limited English proficiency, to approve an alternative examination for these students.

ANALYSIS:

Existing law:

1. Establishes the California Private Postsecondary Education Act (Act) of 2009 until January 1, 2015, and requires the Bureau of Private Postsecondary Education (Bureau) within the Department of Consumer Affairs to, among other things, to review, investigate and approve private postsecondary institutions, programs and courses of instruction pursuant to the Act and authorizes the Bureau to take formal actions against an institution/school to ensure compliance with the Act and even seek closure of an institution/school if determined necessary. The Act also provides for specified disclosures and enrollment agreements for students, requirements for cancellations, withdrawals and refunds, and that the Bureau shall administer the Student Tuition Recovery Fund to provide refunds to students affected by the possible closure of an institution/school. (Education Code (EC) § 94800 et seq.)

2. Defines "Ability-to-benefit student" (ATB) as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate. Provides that before an ATB student may execute an enrollment agreement, the institution shall have the student take an independently administered examination from the list of examinations prescribed by the United States Department of Education (USDE). Specifies that the student may not enroll unless he or she achieves a score, as specified by USDE, demonstrating that the student may benefit from the education and training being offered. Authorizes the Bureau, if USDE does not have a list of relevant examinations that pertain to the intended occupational training, to publish its own list of acceptable examinations and required passing scores. (EC § 94811 and EC § 94904)

3. Specifies that an enrollment agreement shall be written in language that is easily understood and that if English is not the student's primary language, and the student is unable to understand the terms and conditions of the enrollment agreement, the student shall have the right to obtain a clear explanation of the terms and conditions and all cancellation and refund policies in his or her primary language. Also specifies that if the recruitment leading to enrollment was conducted in a language other than English, the enrollment agreement, disclosures, and statements shall be in that language. (EC § 94906)

This bill requires the Bureau, on or before July 1, 2016, to review the list of examinations prescribed by USDE and if the Bureau determines there is no examination on the list appropriate for ATB students with limited English proficiency, requires the Bureau to approve an alternative examination for these students. Authorizes the Bureau, when approving the alternative examination, to consider the Comprehensive Adult Student Assessment System (CASAS) examination.

Background

Under Federal law, students without a high school diploma or General Educational Development (GED) can qualify for federal Title IV loans, grants, and campus-based aid if they pass an independently administered test of their basic math and English skills, called an ATB test. The intent of the test is to measure whether students have the basic skills needed to benefit from higher education and succeed in the institution. Tests are approved by the USDE and administered by an independent party. Under Title IV, students must pass an ATB before receiving any federal funds.

The Act requires all institutions covered by the Act to administer ATB tests to students who have not obtained secondary education. Students must pass a USDE-approved ATB test before enrolling in the institution. The Bureau is also authorized to publish a list of eligible examinations if the USDE does not have a relevant examination.

In 2012, out of concerns that existing USDE-approved ATB examinations were not appropriate for English as a second language students, the Act was amended to authorize the Bureau to publish a list of alternative examinations if the USDE does not have a relevant examination. The Bureau has yet to publish its own list and the Author is concerned that many working adults that do not have high school diplomas are seeking to enroll in job and skills training programs, but are having difficulty passing the USDE-approved ATB examinations, a problem that is disproportionality affecting those with limited English proficiency and low income communities.

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

SUPPORT: (Verified 8/18/15)

None received

OPPOSITION: (Verified 8/18/15)

None received

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, 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, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: Sarah Mason / B., P. & E.D. / (916) 651-4104

8/19/15 20:55:01

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 752

Subject: Private postsecondary education: California Private Postsecondary Education Act of 2009

SUMMARY

This bill establishes a deadline for which the Bureau for Private Postsecondary Education (BPPE) must review the list of examinations prescribed by the United States Department of Education (USDE) and to approve an alternative examination for ability-to-benefit (ATB) students with limited English proficiency, if the BPPE determines there is no examination appropriate for these students.

BACKGROUND

1. Existing law establishes the California Private Postsecondary Education Act (Act) of 2009, which provides for the approval, regulation, and enforcement of private postsecondary educational institutions. Among other things, the Act requires that, before an “ability-to-benefit” student (defined as a student without a certificate of graduation from a school providing secondary education) may execute an enrollment agreement, the institution shall have the student take an independently administered examination from the list of examinations prescribed by the USDE pursuant to federal law, and prohibits the student from enrolling unless the student achieves a score, as specified by the USDE, demonstrating that the student may benefit from the education and training being offered. (Education Code § 94904)

2. Existing law also requires that an enrollment agreement be written in language that is easily understood and that if English is not the student's primary language, and the student is unable to understand the terms and conditions of the enrollment agreement, the student shall have the right to obtain a clear explanation of the terms and conditions and all cancellation and refund policies in his or her primary language. Current law also requires that if the recruitment leading to enrollment was conducted in a language other than English, the enrollment agreement, disclosures, and statements must also be in that language. (EC § 94906)

ANALYSIS

This bill:

1. Requires the BPPE, by July 1, 2016, to review the list of existing examinations prescribed by the USDE for the purposes of testing students without a high school diploma or equivalent.

2. Requires the Bureau for Private Postsecondary Education (BPPE) to approve an alternative examination for students with limited English proficiency provided that the BPPE determines there is no examination appropriate for these students.

3. Specifies that when the BPPE approves the alternative examination it may consider the Comprehensive Adult Student Assessment System examination.

STAFF COMMENTS

1. Need for the bill. According to the author, many working adults without a high school diploma are seeking to enroll in job training programs but struggle to pass the United States Department of Education (USDE) approved ability-to-benefit (ATB) examinations. The author asserts that this problem is disproportionality impacting those with limited English proficiency and low-income communities. Current law enacted in 2012, authorized the BPPE to publish a list of alternative exams if the USDE does not have relevant exams. The BPPE has yet to publish the list. This bill attempts to provide English learners taking the ATB examination with an appropriate alternative for training programs by establishing a deadline for the BPPE to publish a list of alternative examinations.

2. Ability-to-benefit (ATB). Current law defines “ability-to-benefit,” a student as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate. An institution is required, prior to executing an enrollment agreement with an ATB student, to have the student take and pass an independently administered examination from the list of examinations prescribed by USDE. According to the author some non-English based training programs do not have relevant USDE-approved tests for English learners as such this clarification and exam alternatives are needed. The BPPE was authorized in 2012 to review and publish the list of alternative exams and it is unclear why the agency has yet to follow through with the legislative directive.

3. Comprehensive Adult Student Assessment System (CASAS). This bill allows the BPPE to consider CASAS as an alternative examination. CASAS offers competency based examinations designed to assess the basic skills of adult learners including non-native speakers. These assessments have been used by federal and state government agencies, business and industry, community colleges, among other entities.

4. Prior legislation.

SB 675 (Wright, 2011) would have required that private postsecondary education institutions subject to the California Private Postsecondary Education Act of 2009 (Act) administer a test of English language proficiency to a nonnative speaker of English, as defined, prior to enrolling the student. SB 675 died in the Senate Business Professions and Economic Development Committee.

AB 1889 (Portantino, 2010) enacted several changes to the California Private Postsecondary Education Act and the related oversight provided by the BPPE for Private Postsecondary Education including authorizing to publish a list of eligible examinations appropriate for English language learners. AB 1889 was vetoed by Governor Schwarzenegger whose veto message read in part:

“Among many other provisions, this bill would require an Executive Branch agency to follow specific staffing requirements prescribed by the Legislature. This is both an inappropriate and unacceptable action to micro-manage and burden the implementation of regulatory policy.”

AB 1013 (Higher Education Committee, 2011) clarifies provisions of the California Private Postsecondary Education Act and the related oversight provided by the Bureau for Private Postsecondary Education (BPPE). This bill allows the BPPE to publish a list of eligible examinations if the United States Department of Education (USDE) does not have a relevant examination.

SUPPORT

None received.

OPPOSITION

None received.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 752 Hearing Date: June 22, 2015

Subject: Private postsecondary education: California Private Postsecondary Education Act of 2009.

SUMMARY: Requires the Bureau for Private Postsecondary Education, by July 1, 2016, to review the list of examinations prescribed by the U.S. Department of Education and if the Bureau determines there is no examination appropriate for ability-to-benefit students with limited English proficiency, to approve an alternative examination for these students.

Existing law:

1. Establishes the California Private Postsecondary Education Act (Act) of 2009 until January 1, 2015, and requires the Bureau of Private Postsecondary Education (Bureau) within the Department of Consumer Affairs to, among other things, to review, investigate and approve private postsecondary institutions, programs and courses of instruction pursuant to the Act and authorizes the Bureau to take formal actions against an institution/school to ensure compliance with the Act and even seek closure of an institution/school if determined necessary. The Act also provides for specified disclosures and enrollment agreements for students, requirements for cancellations, withdrawals and refunds, and that the Bureau shall administer the Student Tuition Recovery Fund to provide refunds to students affected by the possible closure of an institution/school. (Education Code (EC) § 94800 et seq.)

2. Defines "Ability-to-benefit student" (ATB) as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate. Provides that before an ATB student may execute an enrollment agreement, the institution shall have the student take an independently administered examination from the list of examinations prescribed by the United States Department of Education (USDE). Specifies that the student may not enroll unless he or she achieves a score, as specified by USDE, demonstrating that the student may benefit from the education and training being offered. Authorizes the Bureau, if USDE does not have a list of relevant examinations that pertain to the intended occupational training, to publish its own list of acceptable examinations and required passing scores. (EC § 94811 and EC § 94904)

2. Specifies that an enrollment agreement shall be written in language that is easily understood and that if English is not the student's primary language, and the student is unable to understand the terms and conditions of the enrollment agreement, the student shall have the right to obtain a clear explanation of the terms and conditions and all cancellation and refund policies in his or her primary language. Also specifies that if the recruitment leading to enrollment was conducted in a language other than English, the enrollment agreement, disclosures, and statements shall be in that language. (EC § 94906)

This bill: Requires the Bureau, on or before July 1, 2016, to review the list of examinations prescribed by USDE and if the bureau determines there is no examination on the list appropriate for ATB students with limited English proficiency, requires the Bureau to approve an alternative examination for these students. Authorizes the Bureau, when approving the alternative examination, to consider the Comprehensive Adult Student Assessment System (CASAS) examination.

FISCAL EFFECT: This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated May 6, 2015, this bill will result in minor and absorbable costs to the Bureau.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, in 2012, out of concerns that existing USDE-approved ATB examinations were not appropriate for English as a second language students, the Act was amended to authorize the Bureau to publish a list of alternative examinations if the USDE does not have a relevant examination. The Author states that the BPPE has yet to publish its own list and many working adults that do not have high school diplomas are seeking to enroll in job and skills training programs, but are having difficulty passing the USDE-approved ATB examinations. According to the Author, this problem is disproportionality affecting those with limited English proficiency and low income communities.

2. Background.

1. The California Private Postsecondary Education Act and Bureau for Private Postsecondary Education. After numerous legislative attempts to remedy the laws and structure governing regulation of private postsecondary institutions in California, AB 48 (Portantino, Chapter 310, Statutes of 2009), established the Act and created the Bureau within DCA for the purpose of regulating private postsecondary educational institutions that provide educational services in California. The Act made many substantive changes that both created a new, solid foundation for oversight and responded to the major problems with the Former Act. The Act requires all unaccredited colleges in California to be approved by the Bureau, sets timelines by which unaccredited schools offering degrees shall become accredited, and requires all nationally accredited colleges to comply with numerous student protections. It is important to note that not all private institutions are covered by the provisions of the Act; full and partial exemptions are provided for low-cost programs, recreational schools, schools accredited by regional accrediting agencies, among other types of institutions. The Act establishes prohibitions on false advertising and inappropriate recruiting and requires disclosure of critical information to students such as program outlines, graduation and job placement rates, and license examination information, and ensures colleges justify those figures. The Act also guarantees students can complete their educational objectives if their institution closes its doors while providing BPPE with enforcement powers necessary to protect consumers. The Act directs BPPE to:

• Create a structure that provides an appropriate level of oversight, including approval of private postsecondary educational institutions and programs;

• Establish minimum operating standards for California private postsecondary educational institutions to ensure quality education for students;

• Provide students a meaningful opportunity to have their complaints resolved;

• Ensure that private postsecondary educational institutions offer accurate information to prospective students on school and student performance, thereby promoting competition between institutions that rewards educational quality and employment success; and,

• Ensure that all stakeholders have a voice and are heard in the operations and rulemaking process of BPPE.

The Bureau is required to actively investigate and combat unlicensed activity, administer the STRF, and conduct outreach and education activities for private postsecondary educational institutions and students within the state. The Act establishes processes for penalties for non-compliance, providing the Bureau authority to perform site visits and investigations, order fines and student tuition refunds, and ultimately suspend or revoke an institution's approval to operate.

2. ATB Tests. Under Federal law, students without a high school diploma or General Educational Development (GED) can qualify for federal Title IV loans, grants, and campus-based aid if they pass an independently administered test of their basic math and English skills, called an ATB test. The intent of the test is to measure whether students have the basic skills needed to benefit from higher education and succeed in the institution. Tests are approved by the USDE and administered by an independent party. Under Title IV, students must pass an ATB before receiving any federal funds.

The Act requires all institutions covered by the Act to administer ATB tests to students who have not obtained secondary education. Students must pass a USDE-approved ATB test before enrolling in the institution. The Bureau is also authorized to publish a list of eligible examinations if the USDE does not have a relevant examination.

3. Prior Related Legislation. AB 1013 (Committee on Higher Education, Chapter 167, Statutes of 2011) authorized the Bureau to publish its own list of acceptable ability-to-benefit examinations if the USDE does not have a list of relevant examinations that pertain to the intended occupational training.

SB 675 (Wright) of 2011 required private postsecondary institutions subject to the Act to administer a test of English language proficiency to a nonnative speaker of English, as defined, prior to enrolling the student. (Status: The bill failed passage in this Committee.)

AB 1889 (Portantino) of 2010 contained similar provisions related to an ATB as AB 1013 above, as well as provisions regarding doctoral degrees offered by unaccredited institutions, the calculation of placement rates, and Bureau employment requirements. (Status: The bill was vetoed by Governor Schwarzenegger due to concerns over Bureau employment requirements).

NOTE:

Double-referral to Senate Committee on Education, second.

SUPPORT AND OPPOSITION:

Support: None on file as of June 16, 2015.

Opposition: None on file as of June 16, 2015.

-- END --

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 752

Author:(Salas) – As Amended Ver:April 23, 2015

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

SUMMARY:

This bill requires the Bureau for Private Postsecondary Education (BPPE), by July 1, 2016, to review the list of examinations prescribed by the U.S. Department of Education (USDE), and if the bureau determines there is no examination appropriate for ability-to-benefit (ATB) students with limited English proficiency, to approve an alternative examination for these students.

FISCAL EFFECT:

As the review is already mandated in current law, any cost for the BPPE to complete the review by July 1, 2016, will be minor and absorbable.

COMMENTS:

1. Background. Under Federal law, students without a high school diploma or equivalency can qualify for federal Title IV loans, grants, and campus-based aid if they pass an independently administered test of their basic math and English skills, an ATB test, and are enrolled in college-level career pathways programs. The test is intended to measure whether students have the basic skills needed to benefit from higher education and succeed in the institution. Tests are approved by the USDE and administered by an independent party.

The Private Postsecondary Education Act of 2009 requires all ATB students enrolling in private postsecondary educational institutions to take and pass an ATB examination. In 2012, out of concerns that existing USDE-approved ATB examinations were not appropriate for ESL students, the Act was amended to authorize the BPPE to publish a list of eligible examinations if the USDE does not have a relevant examination. To date, the BPPE has not published a list of alternative ATB examinations.

2. Purpose. According to the author, many immigrants and working adults that do not have high school diplomas are seeking to enroll in job and skills training programs, but are having difficulty passing the USDE-approved ATB examinations. This problem is disproportionality affecting those with limited English proficiency and low income communities. This bill establishes a deadline for the BPPE to implement the duty imposed on it in 2012.

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

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 752

Author:(Salas) – As Amended Ver:March 26, 2015

SUBJECT: Private postsecondary education: California Private Postsecondary Education Act of 2009

SUMMARY: Requires, if the Bureau for Private Postsecondary Education (BPPE) publishes a list of relevant occupational ability-to-benefit (ATB) examinations and passing scores, the list shall include the Comprehensive Adult Student Assessment System (CASAS) examination.

EXISTING LAW: Provides for, until January 1, 2017, student protections and regulatory oversight of institutions in the state pursuant to the Private Postsecondary Education Act (Act). The Act is enforced by BPPE within the Department of Consumer Affairs. The Act defines an ATB student as a student without a high school diploma or equivalency and provides that before an ATB student may execute an enrollment agreement with a private postsecondary educational institution (institution), the institution must have the student take and pass an independently administered examination from the list of examinations approved by the United States Department of Education (USDE). (Education Code Section 94800 et seq.)

FISCAL EFFECT: Unknown

COMMENTS: Background. Under Federal law, students without a high school diploma or equivalency can qualify for federal Title IV loans, grants, and campus-based aid if they pass an independently administered test of their basic math and English skills, called an ATB test and are enrolled in college-level career pathways programs. The intent of the ATB test is to measure whether students have the basic skills needed to benefit from higher education and succeed in the institution. Tests are approved by the USDE and administered by an independent party. Under Title IV, students must pass an ATB before receiving any federal funds.

The Private Postsecondary Education Act (Act) of 2009, which provides the BPPE with authority to regulate institutions operating in California, requires all ATB students enrolling in private postsecondary educational institutions to take and pass an ATB examination. In 2012, out of concerns that existing USDE-approved ATB examinations were not appropriate for ESL students, the Act was amended to authorize the BPPE to publish a list of eligible examinations if the USDE does not have a relevant examination. To date, the BPPE has not published a list of alternative ATB examinations.

Purpose of this bill. According to the author, many immigrants and working adults that do not have high school diplomas are seeking to enroll in job and skills training programs, but are having difficulty passing the USDE-approved ATB examinations. This problem is disproportionality affecting those with limited English proficiency and low income communities. According to the author, the CASAS is a widely used competency-based assessment system designed to assess the relevant real-world basic skills of adult learners. CASAS measures the basic skills and the English language and literacy skills needed to function effectively at work and in life. The author argues that this assessment has been successfully used in the past to test ATB students and it should be included on the BPPE's list of approved ATB examinations.

Recommended amendments. As previously noted the BPPE currently has the authority to approve alternative ATB examinations, but has not taken such action. This bill also does not require BPPE to take action to approve CASAS. The author may wish to consider the following amendment to ensure the BPPE takes appropriate action:

94904. (b) If the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training, the bureau may publish its own list of acceptable examinations and required passing scores. If the bureau publishes its own list, the list shall include the Comprehensive Adult Student Assessment System examination. 

(c) The bureau shall, by July 1, 2016, review the list of United States Department of Education approved examinations. If the bureau determines there is no examination appropriate to persons with limited English proficiency the bureau shall approve an alternative examination. In approving an alternative examination, the bureau may consider the Comprehensive Adult Student Assessment System examination.

REGISTERED SUPPORT / OPPOSITION:

Support

None on File

Opposition

None on File

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