Bill Text: CA AB2099 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Postsecondary education: Title 38 awards.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 676, Statutes of 2014. [AB2099 Detail]

Download: California-2013-AB2099-Amended.html

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BILL NUMBER: AB 2099	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2014
	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 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,
  Grants  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,  as specified,  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 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 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 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)  (2)
and (3),  and either paragraph  (5) or (6). 
 (4) or (5). 
   (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 the
institution and of all degree programs to CSAAVE. The accrediting
agency shall be recognized by the United States Department of
Education. An 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) 
    (4)  (A) The institution is either a Cal Grant
qualifying institution that meets the requirements of subdivision (l)
of Section 69432.7, or an institution that  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).   (5). 
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) 
    (5)  (A) The institution is a private postsecondary
educational institution issued an approval to operate  from,
  from the Bureau for Private Postsecondary Education
 and is subject to the regulatory oversight and enforcement of
student protections provided  by, the Bureau for Private
Postsecondary Education.   by the bureau. 
   (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).   (4). 
   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.