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AB-2153 Postsecondary education: course offerings.(2013-2014)

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AB2153:v96#DOCUMENT

Amended  IN  Assembly  May 23, 2014
Amended  IN  Assembly  April 29, 2014
Amended  IN  Assembly  April 08, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2153


Introduced by Assembly Member Gray

February 20, 2014


An act to amend Section 89708 of the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2153, as amended, Gray. Postsecondary education: course offerings.
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. Existing law requires that self-supporting sessions at the university, known as special sessions, not supplant regular course offerings available on a non-self-supporting basis during the regular academic year.
This bill would require that special session program course offerings not supplant or limit the number of regular course offerings that receive state funding at a campus of the university, define “supplant” for these purposes, and would require, to the extent possible, that each campus ensure that a course required as a condition of degree completion for a matriculated student be offered as a state-supported course. The bill would require that a matriculated student, who is required to enroll in a special session course in order to complete his or her undergraduate degree because the state-supported version of that course is unavailable in the academic year, pay the lesser of the state-supported and special session course fee. The bill would constrain the addition os of self-supporting special session sections of courses and the timing of special session programs, as specified, unless except as specified. The bill would allow a campus to add self-supporting sections, add an undergraduate degree program, or increase self-supporting sections only if the campus receives approval from the Chancellor of the California State University and certain conditions are satisfied. The bill would require the chancellor to provide guidance to campuses regarding how to comply with this bill, and would require the trustees to annually certify compliance with these conditions. bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 89708 of the Education Code is amended to read:

89708.
 (a)  Except as provided in subdivision (c), tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session under and pursuant to rules and regulations prescribed by the trustees.
(b) (1) “Special sessions,” as used in this division, means self-supporting instructional programs conducted by the California State University. The special sessions shall include, but not be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions.
(2) The self-supporting special sessions shall not supplant regular course offerings available on a state-supported basis during the regular academic year.
(3) For the purposes of this section, a special session course “supplants” a state-supported course when an undergraduate matriculated student is required to take a more expensive special session course to graduate because a state-supported section of that course is unavailable either because the state-supported course is not offered that term and the course is offered in a special session, or because all state-supported sections of the course are full during the academic year at the student’s campus and the course is offered in a special session.
(c) To the extent possible, each campus shall ensure that any course required as a condition of undergraduate degree completion for a matriculated student shall be offered as a state-supported course. A matriculated student who is required to take a special session course to complete his or her undergraduate degree because a state-supported section of that course is unavailable in the academic year at the student’s campus shall pay the lesser of the state-supported section and special session course fee. In complying with this subdivision, the campus shall ensure, to the extent possible, that general fund money is not used to support a matriculated student’s enrollment in a special session program, section, or course.
(d) Except as provided in subdivision (g), officials of a campus shall not reduce the number of state-supported sections of an undergraduate course offering while increasing the number of sections of the self-supporting version of that course.
(e) Except as provided in subdivision (g), officials of a campus shall not offer special session programs at that campus at times or in locations that limit the number of regular course offerings that receive state funding.
(f) (1) Except as provided in paragraph (2) and subdivision (g), the number of special session sections of any individual course, including online courses, shall not exceed the number of state-supported sections of that course at a campus.
(2) Special session sections offered as of January 1, 2015, of any individual course, including online courses, shall not be considered for purposes of paragraph (1).
(g) With approval from the Chancellor’s office, a campus may add a self-supporting section of a course in a state-supported undergraduate degree program, add an undergraduate degree program, or increase the number of self-supporting sections of an undergraduate course offering so long as all of the following are satisfied:
(1) The campus has made the determination that state resources are inadequate to provide for additional state-supported sections.
(2) There is no corresponding reduction in the aggregate number of state-supported course offerings on that campus. However, this paragraph applies only to an academic year for which the annual Budget Act has not reduced the budget of the California State University from the prior year’s funding level.
(3) The self-supporting section or sections comply with all applicable state laws and systemwide and campus policies.
(h) The chancellor shall provide guidance to the campuses regarding how to comply with this section. The trustees shall annually certify compliance with this section at a regular meeting of the board and shall transmit that certification to the Legislature no later than June 30 of each academic year.

SEC. 2.

 It is the intent of the Legislature that the California State University shall receive funding sufficient to provide core curriculum through state-supported academic programs, that a matriculated student of the California State University is entitled to a postsecondary education within the bounds of a state-supported tuition and fee structure, and that a campus of the California State University is able to ensure that a student is not required to enroll in a special session program, section, or course in order to receive his or her postsecondary education in a timely manner.