League Legislative Update: Second House Appropriations Committee Outcomes

Friday, August 30, 2019

League Legislative Update: Second House Appropriations Committee Outcomes

Today, both the Senate and Assembly Appropriations Committees held Suspense File hearings. Bills that survived out of the Suspense File will remain in play this year to be further debated and acted upon by the Legislature. These critical fiscal committees advanced or held over 600 bills. Lawmakers now have until September 13 to pass bills before they leave for Interim Recess.

The League tracked nearly 40 bills on Suspense in the Assembly and Senate Appropriations Committees, including our sponsored legislation AB 30 (Holden) and AB 612 (Weber) both of which passed unanimously. Of key interest were also bills of significant concern like AB 302 (Berman) and bills the League and districts across the state strongly support such as AB 48 (O’Donnell), AB 720 (Muratsuchi), and AB 1727 (Weber).

Below please find the outcome and status of bills heard in today's hearing.

AB 2 (Santiago D) Community colleges: California College Promise.
Position: Support
This bill authorizes a community college to waive fees for two (2) academic years for any student attending school full time. As a condition of utilizing Promise funds, a community college must meet all Promise program requirements, including outreach to high schools, maximizing need-based financial aid, participating in the federal loan program, complying with AB 705, and participating in the Guided Pathways program.
Status: Passed Senate Appropriations.

AB 30 (Holden D) Dual Enrollment: College and Career Access Pathways partnerships (CCAP).
Position: Sponsor
AB 30 (Holden) Expands and Protects Dual Enrollment. Specifically, the bill: 1) Prevents College and Career Access Pathways (CCAP) partnerships across California from expiring at the end of 2021 and ensures dual enrollment opportunities remain available to students who may not already be college-bound or who are underrepresented in higher education; 2) Streamlines the process for developing CCAP agreements between K-12 and community college districts; 3) Adds continuation high schools to the definition of students that can benefit from dual enrollment programs; 4) Allows units completed as part of a CCAP dual enrollment program to count towards determining registration priority at a community college; 5) Allows high school students to complete one application for the duration of their attendance at a community college as a dual enrollment student and simplifies the student application; and 6) Prohibits assessing any fees to high school students in CCAP courses, including students in adult continuation high schools.
Status: Passed Senate Appropriations unanimously with amendments. Amendments include streamlining the parental consent process.

AB 48 (O'Donnell D) Education finance: school facilities: Kindergarten-Community Colleges Public Education Facilities Bond Acts of 2020 and 2022.
Position: Support
Would place a $13 billion general obligation bond measure on the March 2020 primary ballot and an unspecified general obligation bond measure on the November 2022 general election to fund K-14 facility construction and modernization.
Status: Passed to Senate Rules Committee.

AB 130 (Low D) Postsecondary education: Higher Education Performance, Accountability, and Coordination Commission.
Position: Watch
This bill would create the Office of Higher Education Performance and Accountability that would be established to coordinate the state’s systems of higher education. It would be led by a five (5) member commission appointed by the Governor and state legislature. Employees of postsecondary institutions would be excluded from serving on the commission. A thirteen (13) member advisory body would be created with segmental, faculty and student representation.

It would be charged with overseeing higher education institutions, setting state goals and long-term planning of state higher education policy. It would be empowered to review and make recommendations to the Governor and State Legislature on the following:

State goals and priorities for higher education.
Need of and locations for new campuses of public higher education colleges.
Proposals by public segments for new programs or priorities of those segments.
Degree of coordination between those segments.

Status: Passed Senate Appropriations.

AB 211 (Calderon D) Personal income taxes: deduction: California qualified tuition program.
Position: Watch
This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow under that law a deduction against gross income in the amount equal to the monetary contribution made by a qualified taxpayer to California qualified tuition program established pursuant to the Golden State Scholarshare Trust Act not to exceed either $5,000 or $10,000, as provided.
Status: Passed Senate Appropriations with amendments to allow account transfers.

AB 302 (Berman D) Parking: homeless students.
Position: Oppose
Would mandate that community colleges open campus parking lots overnight to homeless students so they may camp in their cars. The provisions of the bill would apply to all colleges in the state unless a college provides hotel vouchers, rapid rehousing services, and housing-focused emergency grants. While the bill technically permits colleges to opt-out of the provisions around parking lots, the required services are prohibitively expensive, and no district is currently qualified to opt-out. The bill, more importantly, does not include a proposal to explore a more substantive solution to the housing challenges students face. Additionally, the bill was amended to attempt to reduce a college’s liability, but institutions would still be required to demonstrate a good faith effort to minimize risk to a student.
Status: Passed Senate Appropriations with amendments. Amendments include delaying implementation by one year to July 1, 2021, exempting facilities near elementary schools, and modifying opt-out provisions. In order to opt-out, a college must provide one of the following: emergency grants, hotel vouchers, or rapid rehousing.

AB 463 (Cervantes D) Community colleges: faculty members: loan forgiveness.
Position: Watch
Would require the Chancellor’s office to develop and provide to community college districts specified materials designed to increase awareness of the federal Public Service Loan Forgiveness Program among community college faculty members. The bill would require the governing board of a community college district to annually provide the materials to those faculty members. The bill would require a community college district to annually provide a faculty member who is enrolled in the Public Service Loan Forgiveness program with notice of renewal and a copy of the employment certification form required to be completed for purposes of the program, with the employer portion of the form already completed.
Status: Passed Senate Appropriations.

AB 500 (Gonzalez D) School and community college employees: paid maternity leave.
Position: Watch
Would require schools and community college districts to provide at least 6 weeks of a leave of absence with full pay for a certificated employee, or an academic employee, of the district or charter school who is required to be absent from duty because of pregnancy from those conditions.
Status: Passed Senate Appropriations.

AB 540 (Limón D) Postsecondary education: student financial aid: Cal Grant B Service Incentive Grant Program.
Position: Support
Would establish a work-study program for AB 540 students who receive a Cal Grant B Access Award. It would provide 2,500 grants of up to $3,000 a year for students who volunteer or provide community service for non-profit programs.
Status: Passed Senate Appropriations with author amendments.

AB 612 (Weber D) CalFresh: Restaurant Meals Program.
Position: Sponsor
Would create a statewide MOU between the Chancellor’s Office and Department of Social Services to streamline the process for a college to accept Electronic Benefits Transfer (EBT) cards on campus. This bill will allow a student to utilize their CalFresh benefits for meals on campus.
Status: Passed Senate Appropriations unanimously.

AB 720 (Muratsuchi D) Community colleges: funding: instructional service agreements with public safety agencies.
Position: Support
This bill would provide that instruction by community college districts under instructional service agreements (ISAs) with public safety agencies would be funded under the apportionment formula used for instruction in career development and college preparation (CDCP).
Status: Held as a two-year bill.

AB 943 (Chiu D) Community colleges: Student Equity and Achievement Program funds.
Position: Support
Would authorize the use of funding for student equity plans for the provision of emergency student financial assistance to eligible students to overcome unforeseen financial challenges that would directly impact a student’s ability to persist in the student’s course of study.
Status: Passed Senate Appropriations.

AB 1090 (Medina D) Public postsecondary education: waiver of mandatory campus-based fees.
Position: Watch
This bill would waive any mandatory campus-based fees for spouses and survivors of law enforcement personnel or firefighters who died in the line of duty.
Status: Passed Senate Appropriations.

AB 1313 (Rivas, Luz D) Higher education: prohibited debt collection practices.
Position: Watch
This bill would remove the ability of colleges to withhold transcripts or remove registration priorities for students or former students who are in default on their student loans.
Status: Passed Senate Appropriations.

AB 1340 (Chiu D) Private postsecondary education: California Private Postsecondary Education Act of 2009: labor market outcome data reporting.
Position: Watch
Would report to the Bureau for Private Postsecondary Education according to a schedule and format determined by the bureau, individual identifying information, the program the graduate was enrolled in, and specified student loan debt information. The bill would require the bureau to match the data reported by institutions pursuant to this provision with wage data from the Employment Development Department.
Status: Passed Senate Appropriations with amendments. Amendments include become operative after IT system is ready.

AB 1341 (Berman D) Private postsecondary education: California Private Postsecondary Education Act of 2009.
Position: Watch
Would define nonprofit corporations and public institutions of higher education specifically for purposes of the California Private Postsecondary Education Act of 2009. The bill would specify that only an institution of higher education meeting the act’s definition of a nonprofit corporation or public institution of higher education is exempt from the requirements imposed on an out-of-state private postsecondary educational institution. The bill would prohibit the bureau from verifying the exemption of or contracting to handle complaints about, a nonprofit institution that operated as a for-profit institution during any period on or after January 1, 2010, unless the Attorney General makes certain determinations.
Status: Held in Senate Appropriations Committee.

AB 1342 (Low D) Nonprofit corporations: private postsecondary educational institutions: sale of assets: Attorney General approval.
Position: Watch
Would require a nonprofit corporation that operates or controls a private postsecondary educational institution to obtain the Attorney General’s consent before entering into certain agreements or transactions, including an agreement or transaction to sell or convey its assets to, or to transfer control, responsibility, or governance of a material amount of its assets to, a for-profit corporation or mutual benefit corporation.
Status: Held.

AB 1344 (Bauer-Kahan D) Private postsecondary education: California Private Postsecondary Act of 2009.
Position: Watch
Would require an out-of-state private postsecondary educational institution to provide the bureau with specified information regarding whether or not the institution, or a controlling officer of, or a controlling interest or controlling investor in, the institution, or in the parent entity of the institution, has been subject to certain adverse state or federal actions in the previous 5 years before seeking authorization to operate in California, and with any additional documentation the bureau deems necessary for consideration in the registration process.
Status: Passed Senate Appropriations.

AB 1345 (McCarty D) Private postsecondary education: California Private Postsecondary Education Act of 2009.
Position: Watch
The California Private Postsecondary Education Act of 2009 prohibits certain types of conduct by regulated institutions, including offering to compensate a student to act as an agent of the institution for the purposes of enrollment or recruitment of students, except as specified, and compensating an employee involved in recruitment and enrollment on the basis of commission, quota, bonus, or a similar method, also with exceptions. This bill would define financial aid for the purposes of the act.
Status: Held.

AB 1346 (Medina D) Postsecondary education: California Private Postsecondary Education Act of 2009: Student Tuition Recovery Fund.
Position: Watch
Would allow a student of a Corinthian Colleges, Inc., institution who was residing in California and attending campus on or after January 1, 2010, to receive payment from the Student Tuition Recovery Fund. The bill would expand the definition of economic loss to include all amounts paid by the student to the institution, any amounts paid in connection with attending the institution, and all principal, interest, and charges of any kind for any loan incurred by the student to pay these amounts. To the extent that the bill expands the purposes of the fund, the bill would make an appropriation.
Status: Passed Senate Appropriations.

AB 1727 (Weber D) Community colleges: career development and college preparation courses.
Position: Support
Would require the Board of Governors of the California Community Colleges to adopt regulations, no later than April 15, 2020, requiring the accounting, for purposes of state funding of community colleges, of students enrolled in certain noncredit/CDCP courses to be conducted by positive attendance count or on a census date basis.
Status: Passed Senate Appropriations.

SB 3 (Allen D) Office of Higher Education Coordination, Accountability, and Performance.
Position: Watch
This bill would create the Office of Higher Education Performance and Accountability that would be established to coordinate the state’s systems of higher education. It would be led by a five (5) member commission appointed by the Governor and state legislature. Employees of postsecondary institutions would be excluded from serving on the commission. An eleven (11) member advisory body would be created with segmental, faculty and student representation.

State goals and priorities for higher education.
Need of and locations for new campuses of public higher education colleges.
Proposals by public segments for new programs or priorities of those segments.
Degree of coordination between those segments.

Status: Held.

SB 14 (Glazer D) Education finance: Higher Education Facilities Bond Act of 2020.
Position: Watch
Would enact the Higher Education Facilities Bond Act of 2020, which, upon approval by the state voters, would authorize $8 billion in general obligation bonds, with one-half of the amount designated for the University of California and the Hastings College of the Law and the other half designated for the California State University
Status: Referred to Rules Committee.

SB 24 (Leyva D) Public health: public university student health centers: abortion by medication techniques.
Position: Watch
The bill would require, on and after January 1, 2023, each student health care services clinic on a California State University or University of California campus to offer abortion by medication techniques, as specified. The bill would require the Commission on the Status of Women and Girls to administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which the bill would establish. The bill would continuously appropriate the sums of money in that fund to the commission for grants to these student health care clinics for specified activities in preparation for providing abortion by medication techniques, thereby making an appropriation. The bill would provide that its requirements would be implemented only if, and to the extent that, a total of at least $10,290,000 in private money is made available to the fund in a timely manner on or after January 1, 2020.
Status: Passed Assembly Appropriations.

SB 150 (Beall D) Student financial aid: Chafee grant awards.
Position: Watch
Current federal law establishes the Chafee Educational and Training Vouchers Program for purposes of providing financial aid to current and former foster youth. Current law authorizes the Student Aid Commission or the Department of Social Services, for the fiscal years 2018–19 to 2020–21, to expend up to $80,000, of any moneys appropriated by the Legislature to expand the Chafee Educational and Training Vouchers Program age eligibility of former foster youth up to 26 years of age, for outreach purposes to newly eligible former foster youth who are at least 23 years of age, but are not yet 26 years of age. Commencing with the 2021–22 award year, this bill would authorize the commission to make initial award offers of up to 200% of total state and federal program funding available for all awards, with the number of initial award offers and the amount of the award to be determined based on the historical rate of award acceptance.
Status: Passed Assembly Appropriations.

SB 206 (Skinner D) Collegiate athletics: student-athlete compensation and representation.
Position: Watch
This bill would prohibit a California public postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, or likeness. The provisions of the bill will not become operative until 2023 and now exempts community colleges. Instead, it requires the Chancellor's Office to convene a workgroup to study the issue potentially recommend changes to the state legislature or the California Community College Athletic Association.
Status: Passed Assembly Appropriations.

SB 268 (Wiener D) Taxation – Bond Ballot Language
Position: Support
Existing law requires that the ballots used by a local governing body to remain within a 150-word limit and have printed on them a true and impartial statement describing the purpose of the measure. This bill clarifies the language for local bond measures by including the sentence “See voter guide for tax rate information.”
Status: Passed Assembly Appropriations.

SB 354 (Durazo D) California DREAM Loan Program: graduate degree programs.
Position: Watch
Would, commencing with the 2020–21 academic year, expand DREAM loan eligibility to a student who is enrolled in a program of study leading to a professional or graduate degree, including, but not limited to, a teaching credential, if the student meets the other applicable qualifications. This bill would require the participating institution to determine the proportion of program funding used for instructional programs and for graduate programs. The bill would require that priority under this program be given to loans for instructional programs.
Status: Passed Assembly Appropriations.

SB 390 (Umberg D) School safety: school security officers and security guards.
Position: Watch
Would require school security officers employed by a school or community college district to complete a training course regardless of the number of hours worked per week. The bill would require school districts, charter schools, county offices of education, and community college districts to provide the training required for their school security officer employees during regular work hours, except as specified. By imposing additional duties on school districts, charter schools, county offices of education, and community college districts, the bill would impose a state-mandated local program.
Status: Passed Assembly Appropriations.

SB 462 (Stern D) Community colleges: Urban and Rural Forest and Woodlands Restoration and Fire Resiliency Workforce Program.
Position: Watch
Contingent on a specific appropriation in the budget, would require the Chancellor’s Office of the California Community Colleges, working in collaboration with the Academic Senate for California Community Colleges, to develop a forest and woodlands restoration workforce model curriculum and vocational programs to be offered by community college districts commencing on or before July 31, 2021.
Status: Held in Assembly Appropriations Committee

SB 484 (Portantino D) Public postsecondary education: community college transfer students.
Position: Watch
Would require the governing board of each community college district to direct the appropriate officials at their respective campuses to:
(1) Identify those students who have completed an associate degree for transfer.
(2) Notify those students of their completion of the degree requirements.
(3) Automatically award those students the degree.
(4) Add students to an identification system at the end of each academic year that the Office of the Chancellor of the California Community Colleges shall maintain and that can be accessed electronically by the California State University and the University of California.
Status: Passed Assembly Appropriations. Amendments include required compliance by Fall 2020.

SB 493 (Jackson D) Education: sex equity.
Position: Watch
Would permit a student or the Attorney General a private right of action to sue higher education institutions if either entity feels their rights under SB 493 (Jackson) was violated during a Title IX sexual assault or violence investigation. The civil penalty would be limited to $2,500 per day of the violation and capped at $50,000. The bill would require the governing board or body of each of these institutions to:
(1) Disseminate a notice of nondiscrimination to each employee, volunteer, and individual or entity contracted with the institution.
(2) Designate at least one employee of the institution to coordinate its efforts to comply with its responsibilities specified in this act.
(3) Adopt rules and procedures for the prevention of sexual harassment.
(4) Create reasonable procedures for the investigation of policy violations.
(5) Adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints.
(6) Publish on the institution’s internet website the name, title, and contact information for the employee designated to coordinate the institution’s efforts to comply with and carry out the responsibilities specified in this act and any individual official with the authority to investigate complaints or to institute corrective measures, as specified.
(7) Include specified training to each employee engaged in the grievance procedure.
(8) Include annual training for residential life student and nonstudent staff for the trauma-informed handling of reports regarding incidents of sexual harassment or violence at an institution with on-campus housing
(9) Notify employees of the obligation to report sexual harassment to appropriate school officials.
(10) Provide training to all employees on the identification of sexual harassment. This bill would authorize the Attorney General and any student or former student who alleges to have suffered injury in fact caused by a violation of these provisions to bring an action in a court to enjoin or recover specified damages for, a violation of its provisions, as specified.
Status: Held in Assembly Appropriations.

SB 554 (Roth D) Public Schools: Adult School Students: Advanced Scholastic and Vocational Training Program.
Position: Watch
Would authorize the governing board of a school district overseeing an adult education program or the governing board of a community college district overseeing a noncredit program to authorize a student pursuing a high school diploma or a high school equivalency certificate to enroll as a special part-time student at a community college, as provided. The bill would credit or reimburse the community college through the apportionment process for the student’s attendance at the college, as specified.
Status: Passed Assembly Appropriations.

SB 575 (Bradford D) Cal Grants: student eligibility.
Position: Support
This bill would permit students who are currently incarcerated to be eligible for both the Cal Grant Entitlement and Competitive Awards.
Status: Passed Assembly Appropriations.

SB 660 (Pan D) Postsecondary education: mental health counselors.
Position: Watch
Would require the Trustees of the California State University and the governing board of each community college district to establish a goal of having one full-time equivalent mental health counselor with an applicable California license per 1,500 students enrolled at each of their respective campuses to the extent consistent with state and federal law. The bill would define mental health counselors for purposes of this provision. The bill would require those institutions, on or before January 1, 2021, and every 3 years thereafter, to report to the Legislature how funding was spent and the number of mental health counselors employed on each of its campuses, as specified.
Status: Passed Assembly Appropriations.

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