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Assembly Bill 1570 (Chapter 916, Statutes of 1999)

BILL NUMBER: AB 1570 CHAPTERED BILL TEXT

CHAPTER 916
    FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
    APPROVED BY GOVERNOR OCTOBER 9, 1999
    PASSED THE ASSEMBLY SEPTEMBER 10, 1999
    PASSED THE SENATE SEPTEMBER 7, 1999
    AMENDED IN SENATE SEPTEMBER 2, 1999
    AMENDED IN ASSEMBLY APRIL 14, 1999

INTRODUCED BY Assembly Members Villaraigosa and Romero

FEBRUARY 26, 1999

An act to amend Section 66903 of the Education Code, relating to postsecondary education, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST


    AB 1570, Villaraigosa. Postsecondary education: California Postsecondary Education Commission.
    Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Among other things, the act establishes the California Postsecondary Education Commission for, among other purposes, the collection of data pertinent to the planning and coordination of the higher education system of the state. The act also requires the commission to develop a comprehensive data base to ensure the comparability of data from diverse sources.
    This bill would require the California Postsecondary Education Commission, in developing this comprehensive data base, to ensure that the data base supports longitudinal studies of individual students, provides the interactive use of data, and provides each of the educational segments access to the data, as specified.
    The bill would appropriate $424,000 from the General Fund to the commission for purposes of the development and maintenance of a comprehensive data base, as set forth in the bill.
    Appropriation: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:

    (a) The Governor has called for increased accountability along the entire educational continuum, starting with kindergarten and continuing through the university level.
    (b) The demand for postsecondary education in California is expected to increase by up to 500,000 students over the next 10 years.
    (c) Both the numbers of high school graduates and the percentage of those graduates who prepare for college are expected to increase.
    (d) The state currently does not have the capability to carry out longitudinal monitoring or analysis of the enrollment patterns of individual students as they progress through their postsecondary education.
    (e) A student information system that ensures longitudinal analysis would provide for increased accountability by providing more accurate, timely, and comprehensive data on college and university student performance in the areas of transfer, degree completion, and retention.
    (f) The report, Diversity in Higher Education, issued by the Center for California Studies in November 1998, recommends that a systematic collection and analysis of longitudinal data on student enrollment and attendance be undertaken in order to assess student diversity at California's public institutions of higher education.

SEC. 2. Section 66903 of the Education Code is amended to read:
    66903. The commission shall have the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and adviser to the Legislature and the Governor:
    (a) It shall require the governing boards of the segments of public postsecondary education to develop and submit to the commission institutional and systemwide long-range plans in a form determined by the commission after consultation with the segments.
    (b) It shall prepare a state plan for postsecondary education that shall integrate the planning efforts of the public segments with other pertinent plans. The commission shall seek to resolve conflicts or inconsistencies among segmental plans in consultation with the segments. If these consultations are unsuccessful, the commission shall report the unresolved issues to the Legislature with recommendations for resolution. In developing the plan, the commission shall consider at least the following factors:
    (1) The need for, and location of, new facilities.
    (2) The range and kinds of programs appropriate to each institution or system.
    (3) The budgetary priorities of the institutions and systems of postsecondary education.
    (4) The impact of various types and levels of student charges on students and on postsecondary education programs and institutions.
    (5) The appropriate levels of state-funded student financial aid.
    (6) The access and admission of students to postsecondary education.
    (7) The educational programs and resources of independent and private postsecondary institutions.
    (8) The provisions of this division differentiating the functions of the public systems of higher education.
    (c) It shall update the plan periodically, as appropriate.
    (d) It shall participate in appropriate stages of the executive and the legislative budget processes as requested by the executive and the legislative branches, and shall advise the executive and the legislative branches as to whether segmental programmatic budgetary requests are compatible with the state plan. It is not intended that the commission hold independent budget hearings.
    (e) It shall advise the Legislature and the Governor regarding the need for, and location of, new institutions and campuses of public higher education.
    (f) It shall review proposals by the public segments for new programs, the priorities that guide them, the degree of coordination with nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor.
    (g) In consultation with the public segments, it shall establish a schedule for segmental review of selected educational programs, evaluate the program approval, review, and disestablishment processes of the segments, and report its findings and recommendations to the Legislature and the Governor.
    (h) It shall serve as a stimulus to the segments and institutions of postsecondary education by projecting and identifying societal and educational needs and encouraging adaptability to change.
    (i) It shall periodically collect or conduct, or both collect and conduct, studies of projected manpower supply and demand, in cooperation with appropriate state agencies, and disseminate the results of those studies to institutions of postsecondary education and to the public in order to improve the information base upon which student choices are made.
    (j) It shall periodically review and make recommendations concerning the need for, and availability of, postsecondary programs for adult and continuing education.
    (k) It shall develop criteria for evaluating the effectiveness of all aspects of postsecondary education.
    (l) It shall maintain and update annually an inventory of all off-campus programs and facilities for education, research, and community services operated by public and independent institutions of postsecondary education.
    (m) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive data base that does all of the following:
    (A) Ensures comparability of data from diverse sources.
    (B) Supports longitudinal studies of individual students as they progress through the state's postsecondary educational institutions, based upon the commission's existing student data base through the use of a unique student identifier.
    (C) Is compatible with the California School Information System and the student information systems developed and maintained by the public segments of higher education, as appropriate.
    (D) Provides Internet access to data, as appropriate, to the sectors of higher education.
    (E) Provides each of the educational segments access to the data made available to the commission for the purposes of the data base, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs.
    (2) The commission, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of personally identifiable information concerning students.
    (3) The commission shall not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the commission to provide that information on behalf of the institution.
    (4) The commission shall provide 30-day notification to the chairpersons of the appropriate legislative policy and budget committees of the Legislature, to the Director of Finance, and to the Governor prior to making any significant changes to the student information contained in the data base.
    (n) It shall establish criteria for state support of new and existing programs, in consultation with the public segments, the Department of Finance, and the Joint Legislative Budget Committee.
    (o) It shall comply with the appropriate provisions of the federal Education Amendments of 1972 (P.L. 92-318), as specified in Section 67000.
    (p) It shall consider the relationship among academic education and vocational education and job training programs, and shall actively consult with representatives of public and private education.
    (q) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education and shall make recommendations to the Legislature, the Governor, and institutions of postsecondary education.
    (r) It shall report periodically to the Legislature and the Governor regarding the financial conditions of independent institutions, their enrollment and application figures, the number of student spaces available, and the respective cost of utilizing those spaces as compared to providing additional public spaces. The reports shall include recommendations concerning state policies and programs having a significant impact on independent institutions.
    (s) Upon request of the Legislature or the Governor, it shall submit to the Legislature and the Governor a report on all matters so requested that are compatible with its role as the statewide postsecondary education planning and coordinating agency. Upon request of individual Members of the Legislature or personnel in the executive branch, the commission shall submit information or a report on any matter to the extent that sufficient resources are available.
    From time to time, it also may submit to the Legislature and the Governor a report that contains recommendations as to necessary or desirable changes, if any, in the functions, policies, and programs of the several segments of public, independent, and private postsecondary education.
    (t) It may undertake other functions and responsibilities that are compatible with its role as the statewide postsecondary education planning and coordinating agency.

SEC. 3. The sum of four hundred twenty-four thousand dollars ($424,000) is hereby appropriated from the General Fund to the California Postsecondary Education Commission for purposes of the development and maintenance of a comprehensive data base, as set forth in subdivision (m) of Section 66903 of the Education Code. The expenditure of these funds shall be contingent upon review and approval of a feasibility study report by the Department of Information Technology and the Department of Finance.