BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1298|
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THIRD READING
Bill No: SB 1298
Author: Hancock (D)
Amended: 4/21/10
Vote: 21
SENATE EDUCATION COMMITTEE : 5-3, 4/14/10
AYES: Huff, Alquist, Hancock, Liu, Wyland
NOES: Romero, Price, Simitian
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/3/10
AYES: Kehoe, Cox, Corbett, Denham, Leno, Walters, Wolk,
Wyland, Yee
NO VOTE RECORDED: Alquist, Price
SUBJECT : Regional occupational centers and programs
SOURCE : Author
DIGEST : This bill (1) prohibits a school district, for
the 2011-12 and 2012-13 fiscal years, from withdrawing from
a joint powers agency that operates a Regional Occupational
Center or Program (ROCP) if doing so would negatively
impact students of other member school districts or charter
schools in the region, and (2) requires ROCP funds to be
used to meet specified statutory requirements.
ANALYSIS : Existing law establishes various career
technical education programs for public schools including
ROCPs that allow students from multiple schools or
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districts to participate in career technical training
programs regardless of the geographical location of their
residence in a county or region. Existing law authorizes
the following types of ROCPs operational models:
1. County ROCP . Existing law authorizes county
superintendents, with the consent of the State Board of
Education (SBE) to establish and maintain a ROCP to
provide education and training in career technical
courses.
2. Joint Powers Agency ROCP . Existing law authorizes two or
more school districts to form a joint powers agency (JPA)
for the purpose of establishing and maintaining a ROCP
for students who are enrolled in those districts.
3. Single District ROCP . Existing law authorizes certain
very large districts who do not wish to be part of a
county ROCP, to apply to the SBE through their county
superintendent for permission to establish and maintain a
ROCP for students enrolled in the district. The county
superintendent may supervise the establishment of the
ROCP.
Existing law authorizes school districts who do not meet
the enrollment criteria specified in Education Code Section
52301(b) to apply to the SBE through the county
superintendent for permission to establish a
single-district ROCP. The SBE may deny the application
based on criteria that include hardship on school districts
operating ROCPs that are contiguous to the applicant school
district and hardship on students of school districts
operating ROCPs that are contiguous to the applicant school
district.
Existing law requires ROCPs to do all of the following:
1.Offer courses in accordance with a regional plan and
ensure that at least 90 percent of state-funded training
courses offered by a ROCP are part of occupational course
sequences that target comprehensive skills.
2.Ensure that ROCP courses meet documented labor market
demand.
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3.Ensure that ROCP training and resources are primarily
focused on the needs of pupils enrolled in high schools.
Categorical Flexibility . SB 4 (Ducheny), Chapter 12,
Statutes of 2009, Third Extraordinary Session, reduced
funding for ROCPs and various other categorical programs
for the 2008-09 fiscal year through the 2012-13 fiscal
year. To help mitigate these reductions, SBX3 4 authorized
school districts to use funding for those programs during
that time for any educational purpose to the extent
permitted by federal law. Pursuant to SBX3 4:
1.For the 2008-09 to the 2012-13 fiscal years, local
education agencies that use the flexibility provisions
are deemed to be in compliance with program and funding
requirements contained in statutory, regulatory, and
provisional language for the categorical program.
2.As a condition of receipt of funds, governing boards of a
school district or county office of education must, at a
regularly scheduled open public hearing, take testimony
from the public and take action on the proposed use of
funding and make explicit the purposes for which the
funds will be used.
This bill:
1.Prohibits, for the 2011-12 and 2012-12 fiscal years, a
school district that receives funding for its
participation in a JPA-operated regional occupational
center or program from withdrawing from that JPA if the
SBE determines the withdrawal would negatively impact
career technical education services offered by that
center or program to high school pupils of other school
districts or charter schools in the region.
2.Requires school districts or county offices of education
that receive ROCP funding, notwithstanding Education Code
Section 42605, to expend the funds allocated for career
technical education services as follows:
A. In accordance with the regional plan for
occupational course sequences.
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B. In order to meet documented labor market demand.
C. To focus on the needs of high school pupils.
Comments
Need for the Bill . According to the author's office,
categorical flexibility has created unique challenges for
ROCPs. While it appears that most local education agencies
are continuing to support ROCPs and ensure that programs
are comprised of sequenced courses, some are utilizing the
flexibility provisions of SBX3 4 to redirect their ROCP
funding to meet other educational needs. When that happens
in a JPA-operated ROCP, the impact of that loss of funding
on the regional program can create a hardship on the
remaining school districts and students in the ROCP. By
limiting the ability of JPA-member districts to withdraw
from a JPA, the author hopes this bill will protect student
access to workforce development programs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis,
this bill does not create any new state costs but creates a
loss of local funding and programmatic flexibility.
SUPPORT : (Verified 5/4/10)
California Association of Regional Occupational Centers and
Programs
California Association of Leaders of Career Preparation
California Business Education Association
California Charter Schools Association
California Federation of Teachers
California Industrial and Technology Education Association
California Teachers Association
Capistrano-Laguna Regional Occupational Program
Coastline Regional Occupational Program
North Orange County Regional Occupational Program
Small Business California
Small School Districts' Association
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OPPOSITION : (Verified 5/4/10)
California Association of School Business Officials
Centralia Unified School District
Centralia Valley Union High School District
Inyo County Superintendent of Schools
Ontario-Montclair School District
Riverside County Schools Advocacy Association
Riverside County Superintendent
San Luis Obispo Office of Education
ARGUMENTS IN SUPPORT : Proponents indicate that small
school districts are often able to provide their students
with a wider array of career technical education courses
and programs when the participate in a JPA-operated ROCP.
If larger school districts are able to withdraw, the result
could be fewer opportunities for students from smaller
districts.
ARGUMENTS IN OPPOSITION : Opponents argue that this bill
reduces local control and indicate that in the current
economy, districts need to have the broadest local
authority possible to maintain basic aspects of their
educational program and meet payroll. Opponents further
argue that this bill restricts the ability of school
districts to set their own priorities and establishes
career technical education programs as more valuable than
all other educational services, regardless of local need.
CPM:cm 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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