AMENDED IN ASSEMBLY JULY 9, 2025
AMENDED IN SENATE MAY 23, 2025
AMENDED IN SENATE MAY 1, 2025
AMENDED IN SENATE MARCH 26, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
Introduced by Senator Cortese
February 20, 2025
An act to add and repeal Article 9.6 (commencing with Section 89285) to of Chapter 2 of Part 55 of Division 8 of Title 3 of the Education Code, relating to postsecondary education.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
The Donahoe Higher Education Act establishes the segments of postsecondary education in the state, including the University of California and the California State University, and sets forth the missions and functions of those segments. Existing law states that the University of California has exclusive jurisdiction in public higher education over, among others, instruction in the profession of law.
This bill would authorize the Trustees of the California State University to establish a legal education pilot program, consisting of the California State University, San Jose, and a law school accredited by the Committee of Bar Examiners of the State Bar of California as an independent nonprofit institution, to operate for a period of 6 academic years. The bill would require the legal education pilot program to commence only if the trustees approve the program, the governing board of the law school approves the program, and the law school has been continuously accredited for a minimum of 5 years before the first cohort graduates from a joint degree program. The bill would authorize the California State University, San Jose, as part of the legal education pilot program, to partner with the nonprofit law school to jointly award a juris doctor degree and to jointly provide certificate and legal education programs at the undergraduate level. The bill would require the California State University, San Jose, and the nonprofit law school to submit certain information, including an administrative plan and enrollment projections, to the trustees and the governing board of the law school before the trustees and governing board vote to approve the pilot program. The bill would require the Legislative Analyst’s Office to conduct an interim evaluation and a final evaluation of the program, as provided.
This bill would make these provisions inoperative on July 1, 2041, and would repeal it as of January 1, 2042.
This bill would make legislative findings and declarations as to the necessity of a special statute for the California State University, San Jose.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all both of the following:
(a) California State University, San Jose is a public institution within the California State University system that plays a crucial role in expanding educational access and professional training in the heart of Silicon Valley.
(b) State-accredited law schools provide essential opportunities for students seeking legal education and professional development.
(d) This act facilitates the incorporation of a state-accredited law school that has operated as an independent nonprofit institution and seeks to merge into California State University, San Jose to continue providing legal education under public governance.
Article 9.6 (commencing with Section 89285) is added to Chapter 2 of Part 55 of Division 8 of Title 3 of the Education Code, to read:
9.6.
California State University, San Jose Law School
89285.
(a) Notwithstanding any other law, including Section 66010.4, a law school accredited by the Committee of Bar Examiners of the State Bar of California that has operated continuously as an independent nonprofit institution may be incorporated into California State University, San Jose as a constituent academic unit, if all of the following conditions are met:
(1) The law school has been continuously accredited for a minimum of five years by the Committee of Bar Examiners of the State Bar of California at the time of incorporation.
(2) The governing boards of both institutions approve a merger agreement.
(3) The Trustees of the California State University approve a merger agreement.
(b) Upon incorporation into California State University, San Jose, the law school shall be recognized as an academic unit within California State University, San Jose, and shall operate under the university’s policies, governance structure, and budget.
(c) California State University, San Jose shall work with the Chancellor of the California State University to coordinate with the appropriate regulatory bodies to ensure compliance with all legal and accreditation requirements applicable to the law school, including, but not limited to, Section 6061.7 of the Business and Professions Code.
(d) Nothing in this section prevents the California State University, San Jose from working with the Chancellor of the California State University to seek certification by the American Bar Association of a law school incorporated pursuant to this section.
SEC. 2.
Article 9.6 (commencing with Section 89285) is added to Chapter 2 of Part 55 of Division 8 of Title 3 of the Education Code, to read:
Article 9.6. San Jose State University Legal Partnership Pilot Program
(a) Notwithstanding Section 66010.4, and commencing on or after January 1, 2027, the Trustees of the California State University may authorize the establishment of a legal education pilot program. A legal education pilot program established pursuant to this article shall commence upon satisfaction of the conditions specified in subdivision (b) and shall operate for a period of six academic years. For purposes of this section, a pilot program shall be deemed to commence when the first cohort of students begins instruction. The legal education pilot program shall consist of the California State University, San Jose, and a law school accredited by the Committee of Bar Examiners of the State Bar of California that has operated continuously as an independent nonprofit institution.
(b) The legal education pilot program shall only commence if all of the following conditions are met:
(1) The Trustees of the California State University approve the program.
(2) The governing board of the law school approves the program.
(3) The law school has been continuously accredited for a minimum of five years by the Committee of Bar Examiners of the State Bar of California before the first cohort graduates from a joint degree program.
(c) When participating in the legal education pilot program, the California State University, San Jose, shall maintain the primary mission of the California State University specified in subdivision (b) of Section 66010.4. The California State University, San Jose, as part of the pilot program, may partner with the nonprofit law school to jointly award a juris doctor degree. The California State University, San Jose, may also partner with the nonprofit law school to jointly provide certificate and legal education programs at the undergraduate level.
(d) The legal education pilot program shall be subject to all of the following limits:
(1) The California State University, San Jose, and the nonprofit law school shall notify a student who applies to the pilot program that the student is required to complete their degree or certificate by the end of the six-year pilot period, as measured from the commencement of the program.
(2) The California State University, San Jose, and the nonprofit law school shall maintain separate records for students who are enrolled in courses affiliated with the pilot program. A student shall be reported as a California State University, San Jose, student for enrollment in undergraduate and graduate courses, and as a law student for enrollment in the nonprofit law school’s juris doctor degree program.
(3) A student in a joint juris doctor degree program authorized by this article shall not be charged fees higher than the mandatory systemwide fees, campus fees, and graduate professional program fee charged for graduate degree programs at the California State University, San Jose.
(4) The Trustees of the California State University shall notify the Governor, the Assembly Committee on Higher Education, the Assembly Committee on Judiciary, the Senate Committee on Education, the Senate Committee on Judiciary, and the Legislative Analyst’s Office upon commencement and conclusion of the pilot program.
(5) The pilot program shall end operation if the independent nonprofit law school ceases to be accredited by the Committee of Bar Examiners of the State Bar of California, unless the law school instead gains accreditation by the American Bar Association.
(e) The California State University, San Jose, and the nonprofit law school shall submit all of the following for review by the Trustees of the California State University and the governing board of the nonprofit law school before a vote to approve the legal education pilot program:
(1) An administrative plan for a joint juris doctor degree and any joint undergraduate courses of study, including, but not limited to, a funding plan.
(2) A description of the joint juris doctor degree program’s curriculum, faculty, and facilities.
(3) The enrollment projections for the joint juris doctor degree program.
(4) Documentation regarding regional unmet workforce needs requiring legal education, specifically related to the proposed pilot program, and a written statement supporting the necessity of the pilot program.
(5) Documentation of consultation with the University of California and other regional independent institutions regarding collaborative approaches to meeting regional workforce needs that require legal education.
(f) (1) The Legislative Analyst’s Office shall conduct an interim evaluation and a final evaluation of the legal education pilot program implemented pursuant to this article.
(2) The results of the interim evaluation shall be reported as a progress report, in writing, to the Legislature and the Governor no later than three years following the commencement of the pilot program. The interim evaluation shall include, but not be limited to, all of the following:
(A) Pilot program costs and the funding sources that were used to finance the pilot program.
(B) Current trends in workforce demands that require legal education being offered through the pilot program.
(C) Current completion rates, if available, for each cohort of students participating in any course of study in the pilot program.
(D) Information on the impact of the pilot program on underserved and underprepared students.
(3) The results of the final evaluation shall be reported, in writing, to the Legislature and the Governor no later than one year following the conclusion of the six-year pilot program. The final evaluation shall include, but is not limited to, all of the following:
(A) The number of new programs implemented under the pilot program, including information identifying the number of new programs, applicants, admissions, enrollments, and degree recipients.
(B) The extent to which the pilot program fulfills identified regional workforce needs in the legal sector, including regional supply and demand data that considers capacity at the legal programs of the University of California and in California’s independent colleges and universities.
(C) Information on the place of employment of students and the subsequent job placement of graduates of the pilot program.
(D) Joint legal degree program costs and the funding sources that were used to finance these programs, including a calculation of cost per degree awarded.
(E) The costs of the joint programs to students, the amount of financial aid offered, and student debt levels of graduates of the programs.
(F) Time-to-degree rates and completion rates for all joint programs.
(G) The extent to which the programs established under this article are in compliance with the requirements of this article.
(H) Information on the impact of the pilot program on underserved and underprepared students.
(I) Recommendations on whether and how the pilot program can or should be extended or expanded.
(4) The California State University, San Jose, and the nonprofit law school shall submit to the Legislative Analyst’s Office the information necessary to conduct the evaluations, as determined by the Legislative Analyst’s Office.
(5) A report to be submitted pursuant to paragraph (2) and (3) shall be submitted in compliance with Section 9795 of the Government Code.
This article shall become inoperative on July 1, 2041, and, as of January 1, 2042, is repealed.
SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the urgent need to expand affordable pathways to legal education in underserved communities, the unique alignment between the mission of the California State University, San Jose and the educational needs of the region, the role of California State University, San Jose as a public anchor institution in Silicon Valley, and the distinct absence of a law school within the California State University system.
REVISIONS: Heading—Line 2.