BILL NUMBER: AB 1018 CHAPTERED 10/14/01 CHAPTER 886 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN SENATE SEPTEMBER 7, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 20, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 15, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Assembly Member Liu (Coauthors: Assembly Members Aroner, Koretz, Wiggins, and Wyland) (Coauthor: Senators Escutia and McPherson) FEBRUARY 23, 2001 An act to add Article 3.5 (commencing with Section 52360) to Chapter 9 of Part 28 of the Education Code, relating to career education. (Approved by Governor October 13, 2001. Filed with Secretary of State October 14, 2001.) I am signing Assembly Bill 1018 with a line item veto. This bill establishes the Industry-Based Certification Incentive Grant Program, which is an innovative approach to using one-time funds for matching the skills that are taught to students with the certification standards that are set by an industry. AB 1018 would allow the Department of Education (SDE) to redirect funds identified in this bill to develop model curriculum standards. Finally, this bill would require the SDE to allocate any savings resulting from this program for the purposes of the School-to-Career Technology Training Center Program, which is contained in AB 769 (Goldberg). I am signing this bill, with the understanding that the funding earmarked for this bill will fully fund both planning grants and implementation grants, on a one-time basis, for the Industry-Based Certification Incentive Grant Program. I must however, delete the funding which is provided for the SDE for model curriculum standards, as this provision would be in conflict with the constitutional restrictions on the use of Proposition 98 funds. In addition, I am deleting the provision that requires the SDE to allocate any savings from the Industry-Based Certification Incentive Grant Program to the Industry Based Certification Incentive Grant Program. AB 769 would result in significant costs, which I cannot commit to given the fiscal condition of the state. The following language reflects my veto action: SEC. 3. (a) (1) Of the amount specified in Schedule (27) of Item 6110-485 of Section 2.00 of the Budget Act of 2001, four million three hundred fifty thousand dollars ($4,350,000) is hereby allocated to the State Department of Education as follows: (1) Four million three hundred fifty thousand dollars ($4,350,000) for purposes of the Industry-Based Certification Incentive Grant Program established by Article 3.5 (commencing with Section 52360) of Chapter 9 of Part 28 of the Education Code. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 1018, Liu. Career education. Existing law provides for the establishment of career technical schools and training programs. This bill would establish, subject to funding provided by an appropriation in the annual Budget Act or other measure for these purposes, the Industry-Based Certification Incentive Grant Program for the purpose of awarding grants to selected school districts, county offices of education, and regional occupational centers and programs to establish industry-based certification programs within their career technical programs. The State Department of Education, in consultation with the Secretary for Education, would administer the program and develop criteria and a process to select grant recipients. The bill would give first priority for the award of grants to programs that will operate in high schools that scored in the bottom two deciles on the Academic Performance Index. The bill would require the State Department of Education to evaluate the effectiveness of each industry-based certification program. Existing law, the Budget Act of 2001, reappropriates $8,000,000 from the Proposition 98 reversion account to be set aside on a one-time basis for career/technical education services, as described. This bill would allocate $4,450,000 of that amount to the State Department of Education for specified career technical education purposes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that as the number and diversity of California's high school pupil population continues to grow, there is a corresponding need to provide educational programs that allow pupils to prepare for high-skill, high-wage careers and higher education. (b) It is the intent of the Legislature that these programs be built to industry standards and provide pupils with portable certifications and licenses. (c) In order to promote this goal, the Legislature finds and declares that it is necessary to provide startup funding to local education agencies for the training of instructors and the purchase of equipment for implementation of the program. (d) The purpose of this act is to promote the following: (1) Improve pupil academic performance and increase the rate of high school graduation through the establishment of, and participation in, industry-based certification programs in public secondary schools and adult education programs. (2) Expand employability for high school pupils for high demand jobs with high earning potential. SEC. 2. Article 3.5 (commencing with Section 52360) is added to Chapter 9 of Part 28 of the Education Code, to read: Article 3.5. Industry-Based Certification Incentive Grant Program 52360. (a) The State Department of Education, in consultation with the Secretary for Education, shall administer the Industry-Based Certification Incentive Grant Program, which is hereby established for the purpose of awarding grants to selected school districts, county offices of education, and regional occupational centers and programs to establish industry-based certification programs within their career technical programs. (b) Programs funded pursuant to this article shall offer a course of study that supports pupil academic preparation, high school graduation, entry into postsecondary education, and preparation for high-skilled, high-wage careers. The programs shall be directly linked to, and supported by, business and industry at both the state and local levels. (c) The Superintendent of Public Instruction, in consultation with the Secretary for Education, shall develop criteria and a process to select grant recipients. First priority for the award of grants shall be given to programs that will operate in high schools that scored in the bottom two deciles on the Academic Performance Index. The number of grant recipients shall be limited to the number that can be fully funded, as set forth in Section 52363, with the amount of funds appropriated for purposes of this article. 52361. School districts providing secondary instruction or adult education, or both, county offices of education providing career education programs, and regional occupational centers and programs are eligible to be selected for funding pursuant to this article if they submit a grant application to the Superintendent of Public Instruction that does all of the following: (a) Specifies the type of training and certification that will be offered and how it will help meet local employment demands. (b) Identifies instructional staff who have obtained, or will obtain, the required industry-based certification prior to the implementation of the program established pursuant to this article in the school district, the county office of education, or regional occupational center and program, as the case may be. (c) Specifies the instructional equipment and availability of facilities needed for the delivery of instruction. (d) Identifies industry partners and the commitment of industry partners to employ pupils completing newly established certification and licensing programs. (e) Includes other information specified by the Superintendent of Public Instruction, in consultation with the Secretary for Education. 52362. As a condition of receiving funding pursuant to this article, an applicant shall demonstrate that it has secured financial support from industry to provide a one-to-one match of funding received pursuant to this article, and shall provide annual fiscal, program performance, and pupil outcome data to the State Department of Education. 52363. A grant recipient shall receive a one year planning grant not to exceed fifteen thousand dollars ($15,000) which shall be utilized for planning, teacher and program certification, development of integrated curricula, staff development, and building formalized partnerships with business and industry. Upon successful completion of a high quality implementation plan for an industry-based certification program, a grant recipient shall receive a one-time implementation grant not to exceed eighty-five thousand dollars ($85,000) to assist in the purchase and installation of equipment, teacher and program certification, staff development, and other associated startup costs. 52364. The State Department of Education shall evaluate the effectiveness of each industry-based certification program funded pursuant to this article based on specific program goals developed by the department. These goals shall allow the evaluation to measure the extent to which the programs improved pupil academic performance, increased the rate of high school graduation, and expanded employability of high school pupils for high demand jobs with high earning potential. 52365. The State Department of Education may recover its administrative costs from funds appropriated for purposes of this article. SEC. 3. (a) (1) Of the amount specified in Schedule (27) of Item 6110-485 of Section 2.00 of the Budget Act of 2001, four million four hundred fifty thousand dollars ($4,450,000) is hereby allocated to the State Department of Education as follows: (1) Four million three hundred fifty thousand dollars ($4,350,000) for purposes of the Industry-Based Certification Incentive Grant Program established by Article 3.5 (commencing with Section 52360) of Chapter 9 of Part 28 of the Education Code. (2) One hundred thousand dollars ($100,000) for purposes of Section 51226 of the Education Code. (b) The State Department of Education shall allocate any of the funds described in subdivision (a) that it determines are not necessary for those purposes to any of the following purposes: (1) Article 3.5 (commencing with Section 52360) of Chapter 9 of Part 28 of the Education Code, Industry-Based Certification Incentive Grant Program. (2) Section 51226 of the Education Code. (3) Chapter 17.1 (commencing with Section 52360) to Chapter 9 of Part 28 of the Education Code, the School-to-Career Technology Training Center Program.