BILL NUMBER: AB 573 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 9, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY MAY 7, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
INTRODUCED BY Assembly Members Medina and McCarty
(Principal coauthor: Senator Block)
(Coauthors: Assembly Members Alejo, Atkins, Baker, Bonilla, Brown,
Calderon, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Eggman,
Frazier, Gipson, Hadley, Kim, O'Donnell, Olsen, Quirk, Ridley-Thomas,
Rodriguez, Santiago, Thurmond, and Ting)
(Coauthors: Senators Gaines, Galgiani, Hill, Runner, and
Wieckowski)
FEBRUARY 24, 2015
An act to amend Sections 76300, 94923, 94924,
94925, and 94926 of, to amend the heading of Article 15 (commencing
with Section 94926) of Chapter 8 of Part 59 of Division 10 of Title 3
of, and to add Sections 69433.61, 69999.19, 94051, and 94926.5 to,
the Education Code, relating to higher education, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 573, as amended, Medina. Higher education: campus closures:
Corinthian Colleges.
(1) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges, and establishes community college districts
throughout the state that operate community colleges and provide
instruction to students. Existing law requires community college
districts to charge each student a fee of $46 per unit per semester.
Existing law requires the waiver of this fee for students meeting
prescribed requirements.
This bill would, until July 1, 2018, require the board of
governors to waive the fee for students who meet prescribed
requirements, were enrolled at a California campus of a Corinthian
Colleges, Inc., institution, and were either unable to complete an
educational program offered by the campus due to the campus's closure
on April 27, 2015, or withdrew from an educational program offered
by a Corinthian Colleges campus within 120 days of that
date, after the earlier of either (A) 120 days before
the closure , or an earlier date as may determined by the
Bureau for Private Postsecondary Education, or (B) the date set by
the United States Department of Education for closed school loan
discharge eligibility, and have demonstrated financial
need, as determined by the enrolling campus. To the extent this
provision would impose additional duties on community college
districts, it would constitute a state-mandated local program.
(2) The California Private Postsecondary Education Act of 2009
provides for the regulation of private postsecondary educational
institutions by the Bureau for Private Postsecondary Education in the
Department of Consumer Affairs. The act requires an institution
subject to its provisions to follow certain requirements prior to
closing.
This bill would provide that, until January 1, 2020,
there the Governor shall be established
establish a single point of contact to respond
to the each closure of
institutions an institution that do
does not comply with these closure and
related requirements prior to closing. The bill
would require the single point of contact to assist the students who
were enrolled at, or in an online program offered by, an institution
that closes in, among other things, receiving information on
obtaining refunds, loan discharges, and tuition recovery.
The bill would, upon the unlawful closure of an institution,
require the Attorney General, or a qualified entity under contract
with the Attorney General, to provide timely grant funds to eligible
local nonprofit community service organizations to assist students of
that institution with loan discharge and other student loan-related
requests and tuition recovery-related claims, as specified.
(3) This bill would appropriate the sum of $1,300,000 from the
Private Postsecondary Education Administration Fund to the Bureau of
Private Postsecondary Education for the purposes of providing
financial grants to eligible local nonprofit community service
organizations, as described above, for students affected by the
closure of Corinthian Colleges, Inc., as specified, thereby making an
appropriation.
(4)
(3) The act also establishes the Student Tuition
Recovery Fund and requires the bureau to adopt regulations governing
the administration and maintenance of the fund, including
requirements relating to assessments on students and student claims
against the fund, and establishes that the moneys in this fund are
continuously appropriated to the bureau for specified purposes. The
act caps the amount that may be in the fund at any time at
$25,000,000.
This bill would deem a student who was enrolled at a
California campus of a Corinthian Colleges, Inc., institution, or a
California student who was enrolled in an online program offered by
an out-of-state campus of a Corinthian Colleges, Inc., institution,
to be eligible for recovery from the fund under specified
circumstances. By expanding the purpose for which moneys in the
Student Tuition Recovery Fund may be used, this bill would make an
appropriation. The bill would raise the cap for the fund to
$50,000,000. The bill would, upon the unlawful closure of an
institution, require the Attorney General, or a qualified entity
under contract with the Attorney General, to provide timely grant
funds to eligible nonprofit community service organizations, as
defined, to assist students of that institution with loan discharge
and other student loan-related requests and tuition recovery-related
claims, as specified. The bill would provide that the aggregate
amount of these grants and the reasonable administrative costs to the
Attorney General's office related to the grants would be made
available from the Student Tuition Recovery Fund, thereby making
an appropriation.
The bill would authorize a private postsecondary institution to
submit Student Tuition Recovery Fund assessments to the bureau for
its students who are enrolled at the institution, would prohibit the
institution from advertising or marketing this as a benefit it
provides for its students, and would establish additional
requirements related to the fund, as specified.
(4) This bill would appropriate the sum of $1,300,000 from the
Student Tuition Recovery Fund to the Bureau of Private Postsecondary
Education for the purposes of providing grants to eligible nonprofit
community service organizations to assist students affected by the
closure of Corinthian Colleges, Inc., as defined, with loan discharge
and other student loan-related requests and tuition recovery-related
claims, and to pay for the reasonable administrative costs of the
Attorney General's office related to these grants, as specified,
thereby making an appropriation. The bill would require the bureau to
ensure that these grant funds are made available within 30 days of
its enactment.
(5) The Cal Grant Program prohibits an applicant from receiving
Cal Grant awards totaling in excess of the amount equivalent to the
award level for a total of four years of full-time attendance in an
undergraduate program, except as provided.
This bill would partially exempt from this limitation on Cal Grant
awards a student who was enrolled and received a Cal Grant award at
a California campus of Heald College, and who was unable to complete
an educational program offered by the campus due to its closure.
(6) The California National Guard Education Assistance Award
Program authorizes the renewal of California National Guard Education
Assistance Awards, for a maximum of the greater of either four years
of full-time equivalent enrollment or the duration for which the
qualifying member would otherwise be eligible pursuant to the Cal
Grant Program, if specified conditions are met.
This bill would partially exempt from this limitation on
California National Guard Education Assistance Awards a student who
was enrolled and received a California National Guard Education
Assistance Award at a California campus of Heald College, and who was
unable to complete an educational program offered by the campus due
to its closure.
(7) This bill would appropriate $100,000 from the General Fund to
the Chancellor of the California Community Colleges for allocation to
a community college district for the purpose of conducting a
statewide media campaign to inform students affected by the closure
of Corinthian Colleges, Inc., of the education opportunities
available at community colleges, thereby making an appropriation.
Funds appropriated by this bill to a community college district
would be applied toward the minimum funding requirements for school
districts and community college districts imposed by Section 8 of
Article XVI of the California Constitution.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(9) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature that the
California Community Colleges shall utilize available resources to
provide matriculation services, including, but not limited to,
assessments, counseling, and academic planning, to students who were
enrolled at a California campus of a Corinthian Colleges, Inc.,
institution, including Heald College, and California students
enrolled in one or more online programs offered by an out-of-state
campus of a Corinthian Colleges, Inc., institution who were harmed by
the closure of Corinthian Colleges, Inc., that took place on April
27, 2015.
(b) (1) The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the General Fund to the Chancellor of the
California Community Colleges for allocation to a community college
district to conduct a statewide media campaign to inform students
affected by the closure of Corinthian Colleges, Inc., of education
opportunities available at community colleges.
(2) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the funds appropriated
pursuant to this section shall be deemed to be "General Fund
revenues appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 2. It is the intent of the Legislature that unencumbered
restitution funds awarded to the state from a lawsuit involving
Corinthian Colleges, Inc., and its affiliate institutions, including
Heald College, shall be used to repay any funds provided to those
students pursuant to this act.
SEC. 3. Section 69433.61 is added to the Education Code, to read:
69433.61. (a) Notwithstanding any other law, a student who was
enrolled and received a Cal Grant award in the 2013-14 or 2014-15
academic year at a California campus of Heald College, and was unable
to complete an educational program offered by the campus due to the
campus's closure on April 27, 2015, shall not have the award years
used at a Heald College campus considered for purposes of the
limitation on the number of years of Cal Grant award eligibility.
This restoration of award years for Cal Grant eligibility shall not
exceed two years.
(b) A student shall be eligible for the restoration of award
years if the student was enrolled at a campus of Heald College on
April 27, 2015, or had withdrawn withdrew
from enrollment within 120 days of that date.
between July 1, 2014, and April 27, 2015. The
Bureau for Private Postsecondary Education shall provide the
commission with confirmation of student enrollment for purposes of
this section.
(c) An eligible student shall, before January 1, 2017, notify the
commission of his or her intent to use the restoration of award years
provided under this section and to enroll in an institution eligible
for initial and renewal Cal Grant awards to be eligible for that
restoration.
SEC. 4. Section 69999.19 is added to the Education Code, to read:
69999.19. (a) Notwithstanding any other law, a student who was
enrolled and received a California National Guard Education
Assistance Award in the 2013-14 or 2014-15 academic year at a
California campus of Heald College, and was unable to complete an
educational program offered by the campus due to the campus's closure
on April 27, 2015, shall not have the award years used at a Heald
College campus considered for purposes of the limitation on the
number of years of California National Guard Education Assistance
Award eligibility. This restoration of award years for California
National Guard Education Assistance Award eligibility shall not
exceed two years.
(b) A student shall be eligible for the restoration of award years
if the student was enrolled at a campus of Heald College on April
27, 2015, or had withdrawn withdrew
from enrollment within 120 days of that date.
between July 1, 2014, and April 27, 2015. The Bureau for
Private Postsecondary Education shall provide the commission with
confirmation of student enrollment for purposes of this section.
(c) An eligible student shall, before January 1, 2017, notify the
commission of his or her intent to use the restoration of award years
provided under this section and to enroll in an institution eligible
for initial and renewal California National Guard Education
Assistance Awards to be eligible for that restoration.
SEC. 5. Section 76300 of the Education Code is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets at least one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(iv) Was enrolled at a California campus of a Corinthian Colleges,
Inc., institution, was unable to complete an education program
offered by the campus due to the campus's closure on April 27, 2015,
and has demonstrated financial need, as determined by the
enrolling campus. This clause shall become inoperative on July 1,
2018.
(v) Was enrolled at a California campus of a Corinthian Colleges,
Inc., institution, withdrew from an education program offered by the
campus within 120 days, or a greater period
after the earlier of either (1) 120 days before the April 27, 2015,
closure, or an earlier date as may be determined by the Bureau
for Private Postsecondary Education pursuant to Section 94923,
of the campus's closure on April 27, 2015, or
(2) the date set by the United States Department of Education for
closed school loan discharge eligibility, and has demonstrated
financial need, as determined by the enrolling campus.
This clause shall become inoperative on July 1, 2018.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 6. Section 94051 is added to the Education Code, to read:
94051. Notwithstanding any provision of law, for a period not to
exceed two years from the date of the closure of Corinthian Colleges,
Inc., a state agency that provides certification, registration, or
licensure necessary to promote the safety and protection of the
public may, on a case-by-case basis, consider for certification,
registration, or licensure students who were enrolled in a program of
Corinthian Colleges, Inc., that provided education or training aimed
towards these students receiving certification, registration, or
licensure from the state agency, and who did not receive that
certification, registration, or licensure due to the closure of
Corinthian Colleges, Inc. This consideration shall be provided at the
discretion of the state agency in accordance with its public
protection mandate and applicable criteria established by the agency
for consumer safety.
SEC. 7. Section 94923 of the Education Code is
amended to read:
94923. (a) The Student Tuition Recovery Fund relieves or
mitigates economic loss suffered by a student while enrolled in an
educational program, as defined in Section 94837, at a campus or
through a distance education program offered by an institution with a
physical presence in this state, including any affiliates of that
institution, except at an independent institution of higher
education, as defined in Section 66010, that is exempt from this
chapter pursuant to subdivision (i) of Section 94874, who, at the
time of his or her enrollment, was a California resident or was
enrolled in a California residency program, prepaid tuition, and
suffered economic loss.
(b) The bureau shall adopt by regulation procedures governing the
administration and maintenance of the Student Tuition Recovery Fund,
including requirements relating to assessments on students and
student claims against the Student Tuition Recovery Fund. The
regulations shall provide for awards to students who suffer economic
loss.
The regulations shall ensure that the following students, and any
other students deemed appropriate, are eligible for payment from the
Student Tuition Recovery Fund:
(1) Any student who was enrolled at an institution, at a location
of the institution, or in an educational program offered by the
institution, at the time that institution, location, or program was
closed or discontinued, as applicable, who did not choose to
participate in a teach-out plan approved by the bureau or did not
complete a chosen teach-out plan approved by the bureau.
(2) Any student who was enrolled at an institution or a location
of the institution within the 120-day period before the closure of
the institution or location of the institution, or who was enrolled
in an educational program within the 120-day period before the
program was discontinued, if the bureau determines there was a
significant decline in the quality or value of that educational
program during that time period.
(3) Any student who was enrolled at an institution or a location
of the institution more than 120 days before the closure of the
institution or location of the institution, in an educational program
offered by the institution as to which the bureau determines there
was a significant decline in the quality or value of the program more
than 120 days before closure.
(4) A student to whom an institution has been ordered to pay a
refund by the bureau but has failed to do so.
(5) A student to whom an institution has failed to pay or
reimburse loan proceeds under a federal student loan program as
required by law, or has failed to pay or reimburse proceeds received
by the institution in excess of tuition and other costs.
(6) A student who has been awarded restitution, a refund, or other
monetary award by an arbitrator or court, based on a violation of
this chapter by an institution or representative of an institution,
but who has been unable to collect the award from the institution.
The bureau shall review the award or judgment and shall ensure the
amount to be paid from the fund does not exceed the student's
economic loss.
(7) Notwithstanding the requirement of subdivision (a) that the
institution not be exempt from this article, a student who was
enrolled at a California campus of a Corinthian Colleges, Inc.,
institution or was a California student enrolled in an online program
offered by an out-of-state campus of a Corinthian Colleges, Inc.,
institution, who also meets all of the other eligibility
requirements, if the student was enrolled as of April 27, 2015, or
withdrew within 120 days of that date or any greater period
determined by the bureau pursuant to this section.
(c) Any student who is required to pay a Student Tuition Recovery
Fund assessment who pays tuition equal to or greater than the
required assessment shall be deemed to have paid the required
assessment, whether or not his or her enrollment agreement specifies
collection of the required assessment, and whether or not the
institution identifies any money collected from the student as a
Student Tuition Recovery Fund assessment.
(d) The bureau shall establish regulations ensuring, as
permissible under California law, that a student who suffers
educational opportunity losses, whose charges are paid by a
third-party payer, is eligible for educational credits under the
fund.
(e) The bureau may seek repayment to the Student Tuition Recovery
Fund from an institution found in violation of the law for which a
student claim was paid. An institution shall not be eligible to renew
its approval to operate with the bureau if the repayment is not made
to the bureau as requested.
(f) The bureau shall, by regulation, define "economic loss." The
regulation shall ensure that the definition of "economic loss"
includes, but is not necessarily limited to, pecuniary loss, which is
the sum of the student's tuition, all other institutional charges as
defined in Section 94844, the cost of equipment and materials
required for the educational program as defined in Section 94837,
interest on any student loan used to pay for such charges, collection
costs, penalties, and any license or examination fees the student
paid to the institution but is unable to recover. Economic loss shall
also include the amount the institution collected and failed to pay
to third parties on behalf of the student for license fees or any
other purpose. Economic loss does not include Student Tuition
Recovery Fund assessments, unless the student is entitled to a full
refund under Section 94919 or 94920, room and board, supplies,
transportation, application fees, or nonpecuniary damages such as
inconvenience, aggravation, emotional distress, or punitive damages.
Economic loss does not include legal fees, attorney fees, court
costs, or arbitration fees. Nothing in this subdivision shall prevent
the bureau from further defining economic loss to include loss of
educational opportunity.
(g) A representation or agreement made by a person not to collect
on a student loan shall not lessen a student's eligibility to recover
from the Student Tuition Recovery Fund or reduce the amount of the
student's economic loss unless the loan has been forgiven,
discharged, or canceled in accordance with this section.
SEC. 8. Section 94924 of the Education Code is
amended to read:
94924. (a) The bureau shall determine the amount of Student
Tuition Recovery Fund assessments to be collected for each student.
(b) An institution may submit Student Tuition Recovery Fund
assessments to the bureau for its students who are enrolled at the
institution, but shall not advertise or market
this as a benefit it provides for its students.
(c) All assessments collected pursuant to this article shall be
credited to the Student Tuition Recovery Fund, along with any accrued
interest, for the purpose of this article. Notwithstanding Section
13340 of the Government Code, the moneys in the Student Tuition
Recovery Fund are continuously appropriated to the bureau, without
regard to fiscal year, for the purposes of this article.
(d) Except when an institution provides a full refund pursuant to
Section 94919 or Section 94920, the Student Tuition Recovery Fund
assessment is nonrefundable.
(e) The bureau shall collect Student Tuition Recovery Fund
assessments from an institution for all of the institution's enrolled
students as follows:
(1) For an institution that is not approved to operate as of the
date this subdivision becomes operative, the bureau shall collect
assessments from the institution upon issuance of the institution's
approval to operate.
(2) For an institution that is approved to operate as of the date
this subdivision becomes operative, the bureau shall collect
assessments from the institution for its enrolled students for whom
an assessment has not been collected, including assessments for
students enrolled in distance education programs.
SEC. 9. SEC. 7. Section 94925 of the
Education Code is amended to read:
94925. (a) The amount in the Student Tuition Recovery Fund shall
not exceed fifty million dollars ($50,000,000) at any time.
(b) If the bureau has temporarily stopped collecting the Student
Tuition Recovery Fund assessments because the fund has approached the
fifty million dollar ($50,000,000) limit in subdivision (a), the
bureau shall resume collecting Student Tuition Recovery Fund
assessments when the fund falls below forty-five
forty million dollars ($45,000,000).
($40,000,000).
(c) An otherwise eligible student who enrolled during a period
when institutions were not required to collect Student Tuition
Recovery Fund assessments is eligible for Student Tuition Recovery
Fund payments despite not having paid any Student Tuition Recovery
Fund assessment.
(d) A student who is eligible for recovery from the Student
Tuition Recovery Fund pursuant to paragraph (7) of subdivision (b) of
Section 94923 shall be eligible for payments despite not having paid
any Student Tuition Recovery Fund assessment.
SEC. 10. SEC. 8. The heading of
Article 15 (commencing with Section 94926) of Chapter 8 of Part 59 of
Division 10 of Title 3 of the Education Code is amended to read:
Article 15. Institutional Closure and Teach-outs
SEC. 11. SEC. 9. Section 94926 of
the Education Code is amended to read:
94926. (a) At least 30 days prior to closing, the institution
shall notify the bureau in writing of its intention to close. The
notice shall be accompanied by a closure plan, which shall include,
but not necessarily be limited to, all of the following:
(1) A plan for providing teach-outs of educational programs,
including any agreements with any other postsecondary educational
institutions to provide teach-outs.
(2) If no teach-out plan is contemplated, or for students who do
not wish to participate in a teach-out, arrangements for making
refunds within 45 days from the date of closure, or for institutions
that participate in federal student financial aid programs
arrangements for making refunds and returning federal student
financial aid program funds.
(3) If the institution is a participant in federal student
financial aid programs, it shall provide students information
concerning these programs and institutional closures.
(4) A plan for the disposition of student records.
(b) Until January 1, 2020, there the
Governor shall be established establish
a single point of contact to respond to the
each closure of institutions an
institution that do does not
comply with closure and related requirements established
under state and federal law. The goal of the point of contact shall
be to ensure that students who were enrolled at, or in an online
program offered by, an institution that has closed receive accurate
and timely information regarding the school closure process and the
students' rights and responsibilities under federal and state law.
The point of contact's primary duty shall be to advocate on
behalf of and represent the interest of California students who
attended the closed institutions; other duties shall include,
but not necessarily be limited to, all of the following:
(1) Coordinating and working in consultation with state and
federal agencies, including, but not limited to, the Bureau for
Private Postsecondary Education, the Student Aid Commission, the
Attorney General's Office, the Office of the Chancellor of the
California Community Colleges, the Department of Veterans Affairs,
the federal Consumer Financial Protection Bureau, and the United
States Department of Education to determine both of the following:
(A) Options and resources available to students.
(B) Criteria which indicate additional steps are necessary for
state agencies to take to ensure the protection of the public from
school closures.
(2) Establishing and maintaining an Internet Web site to provide
information to students about options available in the event of a
school closure, including information necessary to help a student
make an informed decision about whether to seek a loan discharge or
to transfer credits. The Internet Web site shall list the names of
institutions that are on the United States Department of Education's
list for heightened cash monitoring.
(3) Assisting students in obtaining important documentation from a
closed institution, including, but not limited to, their enrollment
agreements, records, transcripts, and loan information.
(c) (1) Consideration For
unlawful closures of large institutions regarding which the Attorney
General has a pending investigation or ongoing litigation,
consideration should be given to establishing the single point
of contact within the Attorney General's office.
(2) The Legislature finds that the Attorney General's office has
expertise in complex legal situations such as those facing students
impacted by the sudden and abrupt closure of their educational
institutions and has established an online tool for students to
receive a personalized resource sheet regarding the types of relief
available to them.
(3) The Legislature finds that, among the involved
agencies, that the Attorney General's office is
the best situated to continue playing a
central, coordinating central role in the effort
to assist students of an institution that has unlawfully
closed.
(4) This subdivision shall not be construed to authorize the
Attorney General's office to breach any of its responsibilities or to
provide individual legal assistance or representation to students of
an institution that has closed. If the single point of contact is
established within the Attorney General's office, the
responsibilities of the single point of contact shall be separate and
distinct from the office's efforts to uphold state law, represent
state agencies, and undertake related actions.
SEC. 12. SEC. 10. Section 94926.5 is
added to the Education Code, to read:
94926.5. (a) Upon the unlawful closure of an institution, grant
funds shall be timely provided in accordance with this section to
eligible local nonprofit community service
organizations, including, but not limited to, legal aid
organizations, organizations and organizations
offering free services for counseling on student financial aid
and loan debt problems, and organizations assisting
with the arrangement of debt management and settlement plans,
to assist the students of that closed institution,
including veterans, for no less than one year following the closure
of the institution, by relieving or mit igating the
economic and educational opportunity loss associated with the closure
of the institution. Services provided by eligible nonprofit
community services organizations shall include assistance with
loan discharge and other student financial aid, veterans
education benefits, loan-related requests
relief, and tuition recovery-related claims. Assistance
shall may include, but is not limited
to, outreach and education, screening requests for assistance,
referring students for additional legal assistance through pro bono
referral programs, and legal services. The terms and conditions
of the grant funds may permit recipients to use excess grant funds to
provide assistance to other clients related to school closure or
student debt. For purposes of this section, an "eligible
local nonprofit community service organization" is
an organization that satisfies both all
of the following conditions:
(1) The organization is a 501(c)(3) tax-exempt organization in
good standing with the Internal Revenue Service and in compliance
with all applicable laws and requirements.
(2) The organization demonstrates expertise in assisting students
with, and currently provides free direct legal services to
students for, or will work in partnership with or under the
supervision of an attorney or a nonprofit legal services organization
that has demonstrated expertise in assisting students with,
student loan and tuition recovery- related
matters.
(3) The organization does not charge students for services,
including services provided pursuant to this section.
(b) (1) The aggregate amount of
these grant funds funds, which
shall be made available from the Student Tuition Recovery Fund,
shall be calculated by multiplying the number of students affected
by the institution's closure by one hundred dollars ($100).
(2) The reasonable administrative costs of the Attorney General's
office pursuant to this section shall be made available from the
Student Tuition Recovery Fund.
(c) (1) The bureau shall notify the Attorney General of all
unlawful school closures within 15 days of the closure.
(2) The notification shall include the name and location of the
school, the programs, and the number of students affected at each
site of the school, as appropriate. The bureau shall provide the
Attorney General with all additional information that the Attorney
General may request.
(3) The Attorney General shall, within 90 days of receipt of the
notification, solicit grant applications from eligible local
nonprofit community service organizations as described in
subdivision (a), select one or more of these organizations from among
the applicants who are deemed to be qualified by the Attorney
General, set additional terms and conditions of the grants as
necessary, and notify the bureau and the recipient organization
or organizations of the selection. The Attorney General may enter
into a contract with another qualified entity to perform the Attorney
General's duties under this subdivision.
(d) An eligible local nonprofit community
service organization that receives funds pursuant to this section
shall enter into a grant agreement with the Attorney General, or a
qualified entity entrusted with this authority pursuant to paragraph
(3) of subdivision (c), as applicable, and shall use grant funds
exclusively for the purposes set forth in this section in accordance
with the agreement. Any unused funds shall be returned to the
Attorney General unless the parties of the agreement enter into a new
agreement authorizing the organization to expend the unused funds.
The Attorney General, or a qualified entity, may terminate the
agreement for material breach. However, the Attorney General, or a
qualified entity, shall provide the grantee with written notice of
the breach and a reasonable opportunity of not less than 30 days to
resolve the breach.
(e) An eligible local nonprofit community
service organization that receives a grant may give priority to
low-income students if demand exceeds available grant funds.
Otherwise, the organization may provide assistance regardless of
student income level.
(f) An eligible local nonprofit community
service organization that receives a grant shall report to the
Attorney General, or a qualified entity pursuant to paragraph (3) of
subdivision (c), as applicable, quarterly through the grant period on
the number of students served from the date funds are distributed.
(g) Funds shall be distributed by the Attorney General,
or a qualified entity pursuant to paragraph (3) of subdivision (c),
as applicable, to preapproved local
nonprofit community service organizations as follows:
(1) For a school closure involving fewer than 250 students, 100
percent of the grant funds shall be distributed within 30 days of the
selection of one or more recipient organizations.
grantee entering into a grant agreement.
(2) For a school closure involving 250 or more students:
(A) Fifty percent shall be distributed within 30 days of the
date of the institution's unlawful closure.
grantee entering into a grant agreement.
(B) Twenty-five percent shall be distributed upon the submission
of the eligible local nonprofit community service
organization's grantee's second quarterly
report.
(C) Twenty-five percent shall be distributed upon the submission
of the eligible local nonprofit community service
organization's grantee's third quarterly report.
(h) This section shall become inoperative on July 1, 2020, and, as
of January 1, 2021, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2021, deletes or
extends the date on which it becomes inoperative and is repealed.
SEC. 13. SEC. 11. (a) The sum of one
million three hundred thousand dollars ($1,300,000) is hereby
appropriated from the Private Postsecondary Education
Administration Student Tuition Recovery Fund to
the Bureau of Private Postsecondary Education for the purposes of
providing financial grants pursuant to
Section 94926.5 of the Education Code to eligible
local nonprofit community service organizations
for to assist eligible students affected by the
closure of Corinthian Colleges, Inc. Inc.,
and to pay for the reasonable administrative costs of the Attorney
General's office related to these grants, as provided in subdivision
(b). Eligible local nonprofit community
service organizations may use grant funds received pursuant to
Section 94926.5 of the Education Code this
section for affected students who have been served
from the date of closure. Notwithstanding subdivision (g) of
Section 94926.5, the
(b) Grants shall be issued consistent
with the procedures specified in Section 94926.5 of the Education
Code, except that the Bureau of Private Postsecondary Education
shall ensure that these grant funds are made available within 30
days of the enactment of this section. The
(c) The adoption of any
regulation pursuant to this subdivision
section shall be deemed to be an emergency and necessary for
the immediate preservation of the public, health, and safety, or
general welfare.
(d) For purposes of this section the following definitions shall
apply:
(1) "Eligible nonprofit community service organization" shall have
the same meaning as specified in subdivision (a) of Section 94926.5
of the Education Code.
(2) "Eligible students affected by the closure of Corinthian
Colleges, Inc." means either of the following:
(A) A student who was enrolled at a California campus of a
Corinthian Colleges, Inc., institution and was unable to complete an
education program offered by the campus due to the campus's closure
on April 27, 2015.
(B) A student who was enrolled at a California campus of a
Corinthian Colleges, Inc., institution and withdrew from an education
program offered by the campus after the earlier of either (i) 120
days before the April 27, 2015, closure, or an earlier date as may be
determined by the Bureau for Private Postsecondary Education
pursuant to Section 94923, or (ii) the date set by the United States
Department of Education for closed school loan discharge eligibility.
(b) The amount appropriated in subdivision (a) may include
revenues derived from the assessment of fines and penalties imposed,
and expenditures of these funds is specifically authorized for
purposes of Section 13332.18 of the Government Code.
(c) The Private Postsecondary Education Administration Fund
reserve limit of six months of operating expenses pursuant to
subdivision (b) of Section 94930 of the Education Code shall be
suspended until July 1, 2016.
SEC. 14. SEC. 12. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
SEC. 15. SEC. 13. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to provide immediate educational and economic relief to
the thousands of students harmed by the closure of Corinthian
Colleges, Inc., it is necessary for this act to take effect
immediately.