Trade Schools Watchdog Unit Faces Demise

The state agency charged with overseeing more than 2,500 private vocational schools may soon be disbanded because of an intense industry lobbying effort whose chief goal appears to be the removal of the agency’s aggressive deputy director.

At the center of the controversy is Sheila Hawkins, second in command at the Council for Private Post-Secondary and Vocational Education. Hawkins said she is determined to shut down “diploma mills” and eliminate a host of unscrupulous practices in an industry once infamous for widespread consumer fraud.

She has ordered millions of dollars in student refunds and has come under fire from a number of schools audited by her staff. The schools have opposed legislation that would extend the life of the council past its sunset date of June.

“I am not willing to ignore or violate the law for any school and this is one of the things the schools are pushing us to do,” Hawkins said.

Assemblyman Brooks Firestone (R-Los Olivos) and state Sen. Charles M. Calderon (D-Whittier) are backing separate proposals that would drastically reform the 1989 law that created the council. That law requires schools to place most of their students in the jobs for which they are trained.

Industry representatives, including the Seal Beach-based California Assn. of Private Post-Secondary Schools, have charged that the council regulations are onerous. Beyond the law, however, are issues of fair treatment, said Bill Clohan, association executive director.

“You can’t have a staff that is biased,” Clohan said. “It should be tough and even-handed, but it isn’t. That’s what the problem is. Frankly, we could almost live with the law.”

Wess Larson, Firestone’s advisor on higher education, described opposition to the council as “a few very vocal schools that were very upset, not so much with the council and the [1989] act, but with the way they were treated.”

Larson added: “Maybe what we need is a new staff.”

In a surprise move in September, Gov. Pete Wilson vetoed legislation that would have extended the council’s life to 2002. The legislation--sponsored by Firestone, who has since switched positions--had been approved by both houses of the Legislature with a single dissenting vote.

Explaining his veto, Wilson cited “a pattern of reprisals and vindictiveness” from council staff.

Bob Smith runs his Pacific Coast Horseshoeing School as a one-man operation, teaching no more than 50 students a year. Like most school operators, Smith says he supports regulation of the industry. But he says he’s grown tired of the seemingly endless paperwork, and the fees that eat up 12% of his income.

“They walk in with a police mentality,” Smith said of council staffers.

Kelly Jensen, chief of staff to Sen. Calderon, said he has heard similar complaints. “We need to make sure that they’re using their power appropriately,” he said.

Both Calderon and Firestone oppose the current version of the bill (AB 71) that would extend the life of the council. Because it is an “urgency” bill, a two-thirds vote of both houses of the Legislature would be required for its passage.

In the wake of the governor’s veto, and the ensuing uncertainty about the council’s future, morale at the council has plummeted, Hawkins said. A fifth of the agency’s staff has left.

Last week, Ken Miller, executive director of the council, told his staff in a letter that the Calderon bill would “basically eliminate the council and much of the staff.” Painting a bleak picture of the council’s future, he said staff members should begin looking for jobs.

Hawkins called the industry lobbying effort “an attempt to circumvent the Civil Service process to close down an entire agency to get rid of a few people.” She pointed out that in a survey--ordered by council critics--56% of trade school operators rated the agency staff as “excellent” or “good,” while only 18% called the staff “poor” or “very poor.”

Hawkins has strong support from consumer advocates and other industry watchdog groups.

“She’s extremely effective,” said Elena Ackel, an attorney and a member of the council’s advisory board. The industry, Ackel said, “is counting on the sloth of government for nothing to get done, and that simply doesn’t happen with Sheila. She perseveres.”