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AB-888 Board of Vocational Nursing and Psychiatric Technicians of the State of California.(2017-2018)

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Date Published: 01/03/2018 02:00 PM
AB888:v96#DOCUMENT

Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 888


Introduced by Assembly Member Low

February 16, 2017


An act to add Section 69433.91 to the Education Code, relating to Cal Grants. An act to amend Sections 2847.3 and 2876 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 888, as amended, Low. Cal Grants: private postsecondary educational institutions. Board of Vocational Nursing and Psychiatric Technicians of the State of California.
Existing law establishes the Board of Vocational Nursing and Psychiatric Technicians of the State of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of vocational nurses and psychiatric technicians. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California to discipline the holder of any license whose default has been entered or who has been heard by the board and found guilty. Existing law requires the Governor to appoint an executive officer to perform duties as delegated by the board.
This bill would require the board to delegate to the executive officer the authority to adopt a decision entered by default and to adopt a stipulation for surrender of a license. The bill would also correct an erroneous cross-reference.

The 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.

Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.

This bill would require, commencing in 2018, every private postsecondary educational institution that receives Cal Grant funding to annually report, on or before July 1 of each year, to the Legislative Analyst’s Office its student disciplinary actions, including, but not limited to, its rate of expulsion, for the previous academic year, aggregated by the institutional policy violated, and disaggregated, for each policy violated, by the type of disciplinary action taken, whether the disciplined students were Cal Grant recipients, whether the disciplinary action was taken in connection with students who fit one or more of a list of specified categories, and whether the institution has ever applied for, or is in receipt of, an exemption from Title IX. The bill would require, commencing in 2019, the Legislative Analyst’s Office to annually report, on or before January 1 of each year, to the appropriate policy committees of the Legislature the data submitted by these institutions for the previous year, aggregated by faith-based private postsecondary educational institutions and nonfaith-based private postsecondary educational institutions, not including the names of these institutions. The bill would specify that each report submitted pursuant to the bill’s provisions shall not include personally identifiable information about the disciplined students.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2847.3 of the Business and Professions Code is amended to read:

2847.3.
 (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) (a) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.
(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.
(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.
(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 2.

 Section 2876 of the Business and Professions Code is amended to read:

2876.
 (a) The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:

(a)

(1) Suspending judgment.

(b)

(2) Placing him or her upon probation.

(c)

(3) Suspending his or her right to practice vocational nursing for a period not exceeding one year.

(d)

(4) Revoking his or her license.

(e)

(5) Taking such other action in relation to disciplining him or her as the board in its discretion may deem proper.
(b) The board shall delegate to its executive office the authority to adopt a decision entered by default and a stipulation for surrender of a license.

SECTION 1.Section 69433.91 is added to the Education Code, to read:
69433.91.

(a)Commencing in 2018, every private postsecondary educational institution that receives Cal Grant funding pursuant to this article shall annually report, on or before July 1 of each year, to the Legislative Analyst’s Office all of its student disciplinary actions, including, but not limited to, its rate of expulsion, for the previous academic year. This information shall be aggregated by the institutional policy violated and disaggregated, for each policy violated, by the type of disciplinary action taken, whether the disciplined students were Cal Grant recipients, whether the disciplinary action was taken in connection with students who fit one or more of the categories enumerated in Section 11135 of the Government Code, and whether the institution has ever applied for, or is in receipt of, an exemption from Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).

(b)Commencing in 2019, the Legislative Analyst’s Office shall annually report, on or before January 1 of each year, to the appropriate policy committees of the Legislature the data submitted pursuant to subdivision (a) for the previous year, aggregated by faith-based private postsecondary educational institutions and nonfaith-based private postsecondary educational institutions, not including the names of these institutions.

(c)A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(d)A report submitted pursuant to this section shall not include personally identifiable information about the disciplined students.