BILL ANALYSIS
SB 640
Page 1
Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 640 (Hancock) - As Amended: May 4, 2009
SENATE VOTE : 38-0
SUBJECT : Regional occupational centers and programs: employer
advisory boards.
SUMMARY : Requires Regional Occupational Centers and Program
(ROCP) employer advisory boards to recommend appropriate methods
for evaluating pupils enrolled in the program and authorizes
ROCPs under corrective action to receive full funding for their
adult average daily attendance (ADA) above the specified limits.
Specifically, this bill :
1)Specifies that ROCP advisory boards shall recommend, rather
than approve, measures, criteria, and methods to evaluate
whether pupils in the program have met the skills and
knowledge goals established for the program.
2)Requires ROCP advisory boards to assist in the identification
of college scholarships for pupils in the program.
3)Authorizes an ROCP to continue to receive full funding for
adult ADA above the allowable limits, provided the program is
working under a corrective action plan administered by the
California Department of Education (CDE).
4)Requires ROCPs that fail to meet adult ADA limitations in the
2009-10 fiscal year to meet with adult education providers to
identify alternative means of meeting the needs of adult
students and enter into a corrective action plan administered
by CDE.
EXISTING LAW :
1)Requires the governing board of each ROCP to establish and
maintain an employer advisory board to approve the measures
and criteria, and methods to evaluate whether pupils actually
acquired the identified skills and knowledge; to review the
specific occupational sequences offered by the ROCP to train
pupils for jobs that are in demand and offer high beginning
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salaries; and, to assist the ROCP in developing internships,
postgraduation employment opportunities and creating college
scholarships for pupils participating in the course sequences.
(Education Code 52302.2)
2)Provides for the phased reduction of adult pupils in ROCPs by
limiting the funding for ROCP ADA that is not generated by
pupils who are enrolled in grades 9-12:
a) For the 2008-09 fiscal year, no more than 50% of ADA
may be generated by pupils who are not enrolled in grades
9-12.
b) For the 2009-10 fiscal year, no more than 30% of ADA may
be generated by pupils who are not enrolled in grades 9-12.
c) For the 2011-12 fiscal year and every year thereafter,
no more than 10% of ADA may be generated by pupils who are
not enrolled in grades 9-12. (Education Code 52302.8)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : The objective of ROCPs is to provide work-based
learning opportunities for students that will prepare them to
enter the workforce. ROCPs teach specific occupational skills
and general employment skills in all 15 industry sectors, as
outlined in the career technical education standards adopted by
the State Board of Education. ROCPs are established as regional
programs or centers that are linked to business and industry
through advisory committees. Currently there are 74 ROCPs
operating in the state and according to the CDE, approximately
460,000 students enroll in ROCPs each year. The courses are
open to secondary and adult students, but students sixteen to
eighteen years old in grades eleven and twelve have priority for
enrollment.
In May 2005, the Legislative Analyst's Office (LAO) released a
report titled, Improving High Schools: A Strategic Approach.
The LAO recommended the Legislature redefine the mission of
ROCPs to require the programs focus on the needs of high school
students and participate in structured course sequences with
high schools and community colleges. This recommendation and
others were embodied in AB 2448 (Hancock), Chapter 572, Statutes
of 2006.
ROCP Corrective Action : Programs that fail to meet the minimum
threshold by the deadlines specified in AB 2448 are required to
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enter into a corrective action agreement with CDE that
identifies alternative means of meeting the needs of adult
students and specifies a timeframe for coming into compliance
with the adult enrollment limits. This bill requires ROCPs that
fail to meet the adult ADA threshold in 2009-10 and beyond to
enter corrective action. This bill also authorizes ROCPs that
are under corrective action to continue to receive full funding
for adult students above the allowable limit. If ROCPs continue
to receive full funding while in corrective action, the
committee should consider what incentive the ROCPs will have to
comply with the reduced adult ADA, and exit corrective action.
As the bill is currently written, one could argue that ROCPs
could be in corrective action indefinitely and continue to
receive adult ADA funding above the allowable limit
indefinitely. The committee should consider whether to limit
the number of years a ROCP can continue to receive full funding
for adult students while under corrective action.
Budget Consideration : The enactment of SB 4 XXX (Ducheny),
Chapter 12, Statutes of 2009, gives districts flexibility in the
use of ROCP and other program funds starting with the 2008-09
fiscal year through the 2012-13 fiscal year. Essentially, local
educational agencies (LEAs) have the option to allocate funds
from ROCP and other programs for any educational purpose during
those five years and LEAs that use the flexibility provisions
are deemed to be in compliance with program and funding
requirements contained in statutory, regulatory, and provisional
language, applicable to ROCPs and all other programs whether the
LEAs actually comply with the provisions or not.
Because LEAs that choose to use the flexibility provisions will
be deemed to be in compliance with the statutory provisions of
the programs, the 10% cap in adult enrollment scheduled to take
effect by the 2011-12 fiscal year may not necessarily be
enforceable. Thus an argument could be made that this bill will
have a negligible effect at the present time and potentially for
the next four years in light of the uncertainty of future budget
negotiations. In addition, this means that when the ROCP
program requirements go back into effect in 2013-14, districts
will immediately be required to meet the 10% adult ADA
threshold.
The California Teachers Association supports the bill and
argues, "The decline of career technical education programs in
our schools continues. Career exploration and training
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opportunities must be offered and expanded. SB 640 strengthens
the key linkages among education, labor and the economy."
Committee Amendment : Committee staff recommends the bill be
amended to specify that ROCPs in corrective action may only
continue to receive full funding for adult ADA above the
specified caps, for a maximum of 3 years.
Previous legislation : AB 2448 (Hancock), Chapter 572, Statutes
of 2006, implemented several reforms to the ROCP delivery system
and shifted the targeted student population for ROCPs from
adults to high school students. The goal of AB 2448 was to
reduce, by the 2011-12 fiscal year, adult student participation
to 10% of each ROCP's total enrollment.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Regional Occupational Centers and
Programs
California Teachers Association
Metropolitan Education District
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087