BILL NUMBER: AB 2086 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2010
INTRODUCED BY Assembly Member Coto
FEBRUARY 18, 2010
An act to amend Section 67003 of the Education Code,
relating to public postsecondary education. An act to
amend Section 69432.7 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2086, as amended, Coto. Public postsecondary
education: federal assistance: Cal Grant Program:
qualifying institutions: publication of professional
licensure license examination passage rates.
Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program, establishes the Cal Grant A and B entitlement awards, the
California Community College Transfer Cal Grant Entitlement awards,
the Competitive Cal Grant A and B awards, the Cal Grant C awards, and
the Cal Grant T awards under the administration of the Student Aid
Commission, and establishes eligibility requirements for awards under
these programs for participating students attending qualifying
institutions.
For purposes of the Cal Grant Program, existing law defines
"qualifying institution" as a California private or independent
postsecondary educational institution that participates in specified
federal student aid programs, a nonprofit institution that is
headquartered and operating in California that meets specified
criteria, or a California public postsecondary educational
institution.
This bill would redefine "qualifying institution" for purposes of
the Cal Grant Program to mean an institution that is within any of
those 3 categories and that complies with a requirement to annually
publish license examination passage rates for graduates of specified
programs.
Existing law, known as the Donahoe Higher Education Act,
establishes the segments of the public postsecondary education system
in the state, including the University of California administered by
the Regents of the University of California, the California State
University administered by the Trustees of the California State
University, and the California Community Colleges administered by the
Board of Governors of the California Community Colleges. Existing
law also establishes the California Maritime Academy, under the
administration of the trustees and a specified governing board, as a
specialized institution within the California State University. The
provisions of the act apply to the University of California only to
the extent that the Regents of the University of California, by
appropriate resolution, make them applicable.
A provision of the act vests the regents, the trustees, and the
boards of governors of the California Community Colleges and the
California Maritime Academy, on behalf of each of their respective
segments, with the authority to perform all acts necessary to receive
the benefits and expend funds provided by specified federal laws.
The act designates the California Postsecondary Education Commission
as the state agency to carry out the purposes of those federal laws.
The act designates the Treasurer as the custodian of all funds
received by the state from the federal government under specified
federal law and requires the Treasurer to pay out those funds to
carry out the purposes of that federal law.
This bill would require the governing boards of each of the public
postsecondary educational institutions to certify annually to the
Legislature and the Governor that an Internet address for
professional licensure examination passage rates has been published
on all applications for enrollment, and would condition the authority
of those governing boards to receive and expend specified federal
funds upon making that annual certification.
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 69432.7 of the
Education Code is amended to read:
69432.7. 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) "Access costs" means living expenses and expenses for
transportation, supplies, and books.
(c) "Award year" means one academic year, or the equivalent, of
attendance at a qualifying institution.
(d) "College grade point average" and "community college grade
point average" mean a grade point average calculated on the basis of
all college work completed, except for nontransferable units and
courses not counted in the computation for admission to a California
public institution of higher education that grants a baccalaureate
degree.
(e) "Commission" means the Student Aid Commission.
(f) "Enrollment status" means part-time status or full-time
status.
(1) Part time, "Part time," for
purposes of Cal Grant eligibility, is defined as
means 6 to 11 semester units, inclusive, or the
equivalent.
(2) Full time, "Full time," for
purposes of Cal Grant eligibility, is defined as
means 12 or more semester units or the equivalent.
(g) "Expected family contribution," with respect to an applicant,
shall be determined using the federal methodology pursuant to
subdivision (a) of Section 69506 (as established by Title IV of the
federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070
et seq.)) and applicable rules and regulations adopted by the
commission.
(h) "High school grade point average" means a grade point average
calculated on a 4.0 scale, using all academic coursework, for the
sophomore year, the summer following the sophomore year, the junior
year, and the summer following the junior year, excluding physical
education, reserve officer training corps (ROTC), and remedial
courses, and computed pursuant to regulations of the commission.
However, for high school graduates who apply after their senior year,
"high school grade point average" includes senior year coursework.
(i) "Instructional program of not less than one academic year"
means a program of study that results in the award of an associate or
baccalaureate degree or certificate requiring at least 24 semester
units or the equivalent, or that results in eligibility for transfer
from a community college to a baccalaureate degree program.
(j) "Instructional program of not less than two academic years"
means a program of study that results in the award of an associate or
baccalaureate degree requiring at least 48 semester units or the
equivalent, or that results in eligibility for transfer from a
community college to a baccalaureate degree program.
(k) "Maximum household income and asset levels" means the
applicable household income and household asset levels for
participants in the Cal Grant Program, as defined and adopted in
regulations by the commission for the 2001-02 academic year, which
shall be set pursuant to the following income and asset ceiling
amounts:
CAL GRANT PROGRAM INCOME CEILINGS
+----------------------------+---------+-----------+
| Cal |
| Grant |
| A, |
| C, and T Cal Grant B|
+----------------------------+---------+-----------+
|Dependent and |
|Independent students with |
|dependents* |
|Family Size $74,100 $40,700 |
| Six or more $68,700 $37,700 |
| Five $64,100 $33,700 |
| Four $59,000 $30,300 |
| Three $57,600 $26,900 |
| Two |
|Independent |
| Single, no dependents $23,500 $23,500 |
| Married $26,900 $26,900 |
+----------------------------+---------+-----------+
CAL GRANT PROGRAM ASSET CEILINGS
+---------------------------+----------+-----------+
| Cal Grant |
| A, |
| C, and T Cal Grant B|
+---------------------------+----------+-----------+
|Dependent** $49,600 $49,600 |
|Independent $23,600 $23,600 |
+---------------------------+----------+-----------+
**Applies to independent students with dependents other than a
spouse.
The commission shall annually adjust the maximum household income
and asset levels based on the percentage change in the cost of living
within the meaning of paragraph (1) of subdivision (e) of Section 8
of Article XIII B of the California Constitution. Any
An applicant who qualifies to be considered
under the simplified needs test established by federal law for
student assistance shall be presumed to meet the asset level test
under this section. Prior to disbursing any Cal Grant funds, a
qualifying institution shall be obligated, under the terms of its
institutional participation agreement with the commission, to resolve
any conflicts that may exist in the data the institution possesses
relating to that individual.
(l) (1) "Qualifying institution" means
an institution that complies with paragraph (2) and is any of
the following:
(1) Any
(A) A California private or
independent postsecondary educational institution that participates
in the Pell Grant program and in at least two of the following
federal campus-based student aid programs:
(A)
(i) Federal Work-Study.
(B)
(ii) Perkins Loan Program.
(C)
(iii) Supplemental Educational Opportunity Grant
Program.
(2) Any
(B) A nonprofit institution
headquartered and operating in California that certifies to the
commission that 10 percent of the institution's operating budget, as
demonstrated in an audited financial statement, is expended for the
purposes of institutionally funded student financial aid in the form
of grants, that demonstrates to the commission that it has the
administrative capacity to administer the funds, that is accredited
by the Western Association of Schools and Colleges, and that meets
any other state-required criteria adopted by regulation by the
commission in consultation with the Department of Finance. A
regionally accredited institution that was deemed qualified by the
commission to participate in the Cal Grant Program for the 2000-01
academic year shall retain its eligibility as long as it maintains
its existing accreditation status.
(3) Any
(C) A California public
postsecondary educational institution.
(2) The institution shall annually publish license examination
passage rates for the most recent available year from graduates of
programs leading to employment for which passage of a state licensing
examination is required, if that data is available from a state
licensing agency. For purposes of this paragraph, "publish" may
exclusively include placement, on applications for enrollment or
other program information distributed to prospective students, of an
Internet address labeled as an access point for data on recent
program graduates' license examination passage rates.
(m) "Satisfactory academic progress" means those criteria required
by applicable federal standards published in Title 34 of the Code of
Federal Regulations. The commission may adopt regulations defining
"satisfactory academic progress" in a manner that is consistent with
those federal standards.
SECTION 1. Section 67003 of the Education Code
is amended to read:
67003. (a) Subject to making the certification of transparency
pursuant to subdivision (b), the Trustees of the California State
University on behalf of the California State University, the Regents
of the University of California on behalf of the university, the
Board of Governors of the California Community Colleges on behalf of
the community colleges, and the Board of Governors of the California
Maritime Academy on behalf of the California Maritime Academy, are
vested with all power and authority to perform all acts necessary to
receive the benefits and to expend the funds provided by the act of
Congress described in Section 67000 and with all necessary power and
authority to cooperate with the government of the United States, or
any agency or agencies thereof, and with the California Postsecondary
Education Commission for the purpose of receiving the benefits and
expending the funds provided by the act of Congress, in accordance
with the act, or any rules or regulations adopted thereunder, or any
state plan or rules or regulations of the California Postsecondary
Education Commission adopted in accordance with the act of Congress.
Whenever necessary to secure the full benefits of the act of Congress
for loans or grants for academic facilities, the trustees, regents,
or boards of governors may give any required security and may comply
with any conditions imposed by the federal government.
(b) Each institution of higher education shall certify annually to
the Legislature and the Governor that an Internet address has been
conspicuously published on all hard copy and online applications for
enrollment where prospective students will find rates of passage on
specified professional licensure examinations by students of the
institution or program.