BILL NUMBER: AB 2099 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Frazier
(Principal coauthor: Assembly Member Chávez)
(Coauthors: Assembly Members Medina and Williams)
( Coauthor: Senator Correa
)
FEBRUARY 20, 2014
An act to add Chapter 12.5 (commencing with Section 67100) to Part
40 of Division 5 of Title 3 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2099, as amended, Frazier. Postsecondary education: Title 38
awards.
Title 38 of the United States Code provides educational awards for
eligible active duty members and veterans of the Armed Forces of the
United States. Existing law requires an institution headquartered or
operating in California desiring to enroll students eligible for
federal Title 38 awards in accredited courses
institutions and programs to make application for approval of
these courses to the California State Approving Agency for Veterans
Education, commonly known as CSAAVE, and authorizes CSAAVE to approve
the application of the school when the school and its accredited
courses satisfy the specified criteria and any additional reasonable
criteria established by CSAAVE.
Unless an exception applies, this bill would deem a public or
private postsecondary educational institution that is accredited by
an accrediting agency recognized by the United States Department of
Education eligible for initial and renewal Title 38 awards if the
institution qualifies for Cal Grants, as specified, or has
a 3-year cohort default rate less than 15.5% and a graduation rate
of greater than 30% for students taking 150% or less of the expected
time to complete degree requirements, and satisfies the other
criteria for qualification for Title 38 awards in the bill. The bill
would deem a private postsecondary educational institution that does
not meet the Cal Grant qualification requirement, or the
cohort default rate or graduation rate requirement, but that is
accredited by an accrediting agency recognized by the United States
Department of Education, eligible for initial and renewal Title 38
awards if the institution is issued an approval to operate from the
Bureau for Private Postsecondary Education and satisfies the other
criteria for qualification for Title 38 awards in the bill.
The bill would require CSAAVE to verify by November 1 of each year
a public or private institution's latest 3-year cohort default rate
and graduation rate as most recently reported by the United States
Department of Education, and a private postsecondary educational
institution's approval to operate issued by the Bureau for Private
Postsecondary Education if that private postsecondary educational
institution fails to satisfy the cohort default rate or graduation
rate requirement. The bill would require CSAAVE to notify initial
Title 38 recipients seeking to attend, or attending, an institution
that is ineligible for initial and renewal Title 38 awards that the
institution is ineligible for Title 38 awards for the academic year,
and to provide initial and renewal Title 38 recipients at an
ineligible institution with a complete list of all California
postsecondary educational institutions at which the student would be
eligible to receive a Title 38 award.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 12.5 (commencing with Section 67100) is added
to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER 12.5. TITLE 38 AWARDS
67100. The Legislature finds and declares the following:
(a) Section 21.4253 of Title 38 of the Code of Federal Regulations
requires a postsecondary educational institution headquartered or
operating in California desiring to enroll veterans or persons
eligible for Title 38 awards in accredited courses
institutions and programs to make application for
approval of these courses to the California State Approving Agency
for Veterans Education, commonly known as CSAAVE, as the state
approving agency legally designated pursuant to Section 3671 of
Subchapter I of Chapter 36 of Title 38 of the United States Code.
(b) Section 21.4253 authorizes CSAAVE to approve the application
of the school accredited institutions
when the school and its accredited courses satisfy the criteria
provided in Section 21.4253 and additional reasonable criteria
established by CSAAVE.
(c) It is reasonable pursuant to Section 21.4253 for CSAAVE to
require an institution, public or private, to maintain a three-year
cohort default rate and graduation rate that satisfies the
requirements of the Cal Grant Program, or for the private
postsecondary educational institution to be approved by the Bureau
for Private Postsecondary Education, and to require the institution,
public or private, to comply with all federal and state laws and
regulations, and any additional reasonable criteria established by
CSAAVE, in order for the institution to be eligible for initial and
renewal Title 38 awards.
67101. The Title 38 Funding Program is hereby established, under
the administration of the California State Approving Agency for
Veterans Education. The California State Approving Agency for
Veterans Education shall approve courses at
qualifying institutions desiring to enroll veterans or persons
eligible for Title 38 awards in accordance with federal law, this
chapter, and other reasonable criteria established by the California
State Approving Agency for Veterans Education.
67102. As used in this chapter, the following terms have the
following meanings:
(a) An "academic year" is July 1 to June 30, inclusive. The
starting date of a session shall determine the academic year in which
it is included.
(b) "CSAAVE" is the California State Approving Agency for Veterans
Education.
(c) (1) "Qualifying institution" means an institution that
complies with paragraphs (2), (3), and (4) and either paragraph (5)
or (6).
(2) (A) The institution shall provide information on where to
access California license examination passage rates for the most
recent available year from graduates of its undergraduate programs
leading to employment for which passage of a California licensing
examination is required, if that data is electronically available
through the Internet Web site of a California licensing or regulatory
agency. For purposes of this paragraph, "provide" may exclusively
include placement of an Internet Web site address labeled as an
access point for the data on the passage rates of recent program
graduates on the Internet Web site where enrollment information is
also located, on an Internet Web site that provides centralized
admissions information for postsecondary educational systems with
multiple campuses, or on applications for enrollment or other program
information distributed to prospective students.
(B) The institution shall be responsible for certifying to CSAAVE
compliance with the requirements of subparagraph (A).
(3) The institution shall provide evidence of accreditation of
all degree programs to CSAAVE from an accrediting agency
the institution and of all degree programs to CSAAVE.
The accrediting agency shall be recognized by the United States
Department of Education. An institution offering an
unaccredited degree that is unaccredited institution
participating in Title 38 award programs on January 1, 2015,
shall have until January 1, 2016, to obtain and provide evidence to
CSAAVE of its candidacy or preaccreditation status with an
accrediting agency recognized by the United States Department of
Education in order for the institution to be eligible for Title 38
awards for the academic year of 2015-16, or 2016-17, or both, and to
obtain and provide evidence to CSAAVE of accreditation from the
accrediting agency by January 1, 2017, to be eligible for Title 38
awards for the academic year of 2017-18, and each academic year
thereafter.
(4) The institution shall provide to CSAAVE evidence of compliance
with the federal Principles of Excellence program.
(5) (A) The institution shall meet is
either a Cal Grant qualifying institution that meets the requirements
of subdivision (l) of Section 69432.7, or meets the school
performance standards required in this paragraph. CSAAVE shall verify
by November 1 of each year the institution's latest three-year
cohort default rate and graduation rate as most recently reported by
the United States Department of Education.
(B) For purposes of the 2015-16 academic year, and every academic
year thereafter, the institution shall maintain a three-year cohort
default rate that is less than 15.5 percent, and a graduation rate of
greater than 30 percent for students taking 150 percent or less of
the expected time to complete degree requirements.
(C) Notwithstanding any other law, the requirements of this
paragraph shall not apply to institutions with 40 percent or less of
undergraduate students borrowing federal student loans, as verified
by CSAAVE, using information reported to the United States Department
of Education for the academic year two years before the year in
which CSAAVE is verifying the three-year cohort default rate or
graduation rate pursuant to subparagraph (A).
(D) Notwithstanding subparagraph (B), an otherwise qualifying
institution with a three-year cohort default rate that is less than
10 percent and a graduation rate above 20 percent for students taking
150 percent or less of the expected time to complete degree
requirements, as verified by CSAAVE pursuant to subparagraph (A),
shall remain eligible for initial and renewal Title 38 awards at the
institution through the 2018-19 academic year.
(E) If the United States Department of Education corrects or
revises an institution's three-year cohort default rate or graduation
rate that would have otherwise failed to satisfy the requirements
established pursuant to subparagraph (B) or (D), as applicable, and
the corrections or revision results in the institution's three-year
default rate or graduation rate satisfying those requirements, the
institution shall immediately regain its eligibility for the academic
year to which the corrected or revised three-year default rate or
graduation rate would have been applied.
(F) A private postsecondary educational institution that becomes
ineligible for initial and renewal Title 38 awards pursuant to this
paragraph shall be provided an opportunity to gain eligibility under
the requirements of paragraph (6). CSAAVE shall establish rules and
procedures to govern the institution's transition to eligibility to
ensure students who would otherwise receive initial and renewal
awards are not adversely affected during the transition.
(6) (A) The institution is a private postsecondary educational
institution issued an approval to operate from, and is subject to the
regulatory oversight and enforcement of student protections provided
by, the Bureau for Private Postsecondary Education.
(B) CSAAVE shall certify by November 1 of each year whether a
private postsecondary educational institution has been issued an
approval to operate from the Bureau for Private Postsecondary
Education, if that institution fails to satisfy the requirements of
paragraph (5).
67103. CSAAVE shall do all of the following:
(a) Notify initial Title 38 recipients seeking to attend, or
attending, an institution that is ineligible for initial and renewal
Title 38 awards under this chapter that the institution is ineligible
for initial Title 38 awards for the academic year for which the
student received an initial Title 38 award.
(b) Provide initial and renewal Title 38 recipients seeking to
attend, or attending, an institution that is ineligible for initial
and renewal Title 38 awards at the institution under this chapter
with a complete list of all California postsecondary educational
institutions at which the student would be eligible to receive a
Title 38 award.
67104. Compliance with this chapter, in and of itself, shall not
be construed as satisfying the requirements for participation in
programs authorized by the federal Higher Education Act, including,
but not limited to, Section 600.9 of Title 34 of the Code of Federal
Regulations.