Bill Text: CA AB46 | 2013-2014 | Regular Session | Amended

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

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Bill Title: California State University: online education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-28 - Vetoed by Governor. [AB46 Detail]

Download: California-2013-AB46-Amended.html

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BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2014
	AMENDED IN SENATE  APRIL 28, 2014
	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Pan

                        DECEMBER 19, 2012

   An act to add Section  10828   89227  to
the  Public Contract   Education  Code,
relating to public postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, Pan. California State  University:
contractors   University: online education  .
   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, the California State University
comprises 25 institutions of higher education throughout the state.
 Existing law imposes various requirements with respect to
contracting by the California State University. 
   This bill would require that contracts entered into by the
California State University on or after January 1, 2015, for the
purpose of developing educational programs comply with all of the
following: that any data collected, pursuant to the contract, by the
contractor relating to a student or a faculty member, including data
relating to the student's or faculty member's use of university
resources, be provided to the university in both electronic and paper
formats; that any service or instruction provided, pursuant to the
contract, by a nonstate agency contractor to a student or faculty
member conform to pertinent federal statutes and regulations relating
to student and faculty data; that any contract entered into with a
nonstate agency acknowledge that other contracts entered into by the
university may determine the rights to that intellectual property;
and that any service or instruction provided, pursuant to a contract
entered into by a nonstate agency subcontractor with a nonstate
agency contractor, conform to these policies.  
   Existing law requires the trustees to establish a series of
uniform definitions for online education for the California State
University on or before January 1, 2015, as specified. Existing law
also requires the trustees to report performance data about online
education to the Legislature on or before January 1, 2017, and every
2 years until 2021, and requires the trustees to report the
performance data to the Legislative Analyst on or before January 1,
2017. Existing law further requires the Legislative Analyst to submit
to the Legislature, on or before October 1, 2017, a status update
regarding the university's implementation of these provisions and an
assessment of the extent to which the university's online programs
are operating in a manner consistent with legislative intent and
statutory requirements.  
   This bill would require the trustees to make available to the
Academic Senate of the California State University specified
information relating to all matriculated students of the California
State University who are enrolled in online courses, irrespective of
whether the courses or programs in which they are enrolled are
provided by faculty of the California State University or by another
entity. The bill would require this information to be provided in
compliance with all relevant state and federal provisions of law
safeguarding the privacy of the students involved. 
   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.    Section 89227 is added to the 
 Education Code   , immediately following Section
89226  , to read:  
   89227.  (a) For purposes of providing a high-quality educational
program and correlating student success, or a lack of student
success, with resource use, demographic data, preparation, and mode
of instruction, especially with respect to online education, the
trustees shall make the information specified in subdivision (b)
available, both on paper and in electronic form, while complying with
all relevant state and federal provisions of law safeguarding the
privacy of the students involved, to the Academic Senate of the
California State University upon its request.
   (b) The information provided under this section shall relate to
all matriculated students of the California State University enrolled
in online courses, irrespective of whether the courses or programs
in which they are enrolled are provided by faculty of the California
State University or by another entity:
   (1) The number of students enrolled in online courses.
   (2) With respect to each major course of study, the course
completion rates for online courses and for courses other than online
courses.
   (3) The grades earned by each student enrolled in an online
course.
   (4) The course completion rates for students who are enrolled in
online courses.
   (5) Any data relating to a student's or faculty member's use of
university resources in connection with online coursework, including,
but not necessarily limited to, the use of computer terminals and
other electronic equipment, library materials, or staff support time.
This data shall include any available information about the average
amount of time it takes a student to complete an online assignment.
   (6) Any available demographic data relating to students enrolled
in online courses, including, but not necessarily limited to, the
ethnicity, socioeconomic status, and gender of those students, and
the cumulative grade-point averages of those students disaggregated
by those demographic categories.  
  SECTION 1.   Section 10828 is added to the Public
Contract Code, to read:
   10828.  (a) A contract entered into by the university on or after
January 1, 2015, for the purpose of developing educational programs
shall comply with all of the following requirements:
   (1) Any data collected, pursuant to the contract, by the
contractor relating to a student or a faculty member, including data
relating to the student's or faculty member's use of university
resources, shall be provided to the university in both electronic and
paper formats.
   (2) Any service or instruction provided, pursuant to the contract,
by a nonstate agency contractor to a student or faculty member shall
conform to pertinent federal statutes and regulations relating to
student and faculty data. The language of the contract pursuant to
which the service or instruction referenced in this paragraph is
provided shall explicitly authorize the provision of this service or
instruction to students or faculty.
   (3) Any contract entered into with a nonstate entity shall
acknowledge that other contracts entered into by the university may
determine the rights to that intellectual property.
   (b) Any service or instruction provided, pursuant to a contract
entered into by a nonstate agency subcontractor with a nonstate
agency contractor, shall conform to, and incorporate relevant
policies required by, subdivision (a).
   (c) As used in this section, "university" means the California
State University.