BILL ANALYSIS Ķ AB 790 Page 1 Date of Hearing: April 27, 2011 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 790 (Furutani) - As Amended: March 31, 2011 SUBJECT : Pupil instruction: Multiple Pathway Pilot Program SUMMARY : Establishes the Multiple Pathway Pilot Program (MPPP) to be administered by the California Department of Education (CDE) according to specified requirements for the purpose of implementing district-wide multiple pathway learning approaches in all participating school districts. Specifically, this bill : 1)Requires the pilot program to be administered by the CDE and to contain all of the following requirements: a) Small-sized schools and smaller groupings of pupils within new and existing high schools; b) Rigorous multiple pathway programs of study that guide pupils through course sequences leading to mastery of standards, high school graduation, and transition to postsecondary education or employment, including career technical education (CTE) courses as defined by the California State Plan for Career Technical Education; c) Policies and agreements adopted by participating school districts that promote concurrent enrollment and dual credit with community colleges and universities; d) Problem-based instructional methodologies, inquiry learning approaches, and applied learning strategies within all subject areas; e) A requirement that pupil progress through high school is determined by mastery of grade-level standards-based performance benchmarks developed by the participating school district; f) Multiple pathway programs that are implemented by participating school districts within the district's existing state and local resources; g) Involvement of local business, labor, parent, and community partners to advise the district on the development, implementation, and ongoing evaluation of the pilot program; h) Eligibility for waivers pursuant to this bill to more efficiently operate and adapt to the needs of pupils and AB 790 Page 2 communities; and, i) A requirement that participating school districts receive priority for appropriate competitive grant funding distributed by the CDE. 2)Authorizes a school district that maintains grades 9 to 12, inclusive, to apply to the Superintendent of Public Instruction (SPI) to operate a pilot program, and authorizes the SPI to develop regulations necessary to implement the provisions of this bill. 3)Requires CDE to review the applications and the SPI to initially approve up to 20 applications, and additional applications on an annual basis thereafter, and specifies that the review and approval of applications shall be conducted on a competitive basis and consideration shall be given to factors related to the geographic diversity, type, and size of a school district, and the extent to which a school district's pilot program would receive financial and in-kind support from the business and civic community or funding from government or foundation grants. 4)Requires on or before January 18, 2018, the SPI to transmit a report to the Legislature and the Governor that documents an independent evaluation of the costs and merits of the pilot program, and contains the SPI's recommendations regarding the need for additional statutory changes to facilitate the statewide expansion of the MPPP. 5)Authorizes the SPI, upon application of a school district and for the operation of a multiple pathway program, to waive any provisions of the Education Code other than those relating to earthquake safety and the provisions of this bill. EXISTING LAW: 1)Requires the SPI, in conjunction with specified parties, to develop a report that explores the feasibility of establishing and expanding additional multiple pathway programs in California, including the costs and merits associated with expansion of these programs, and states that multiple pathway programs created for high schools may include, but are not limited to, California partnership academies, regional occupational centers and programs, charter schools, academies, small learning communities, and other career-themed small AB 790 Page 3 schools. 2)Defines "multiple pathway program" as all of the following: a) A multiyear, comprehensive high school program of integrated academic and technical study that is organized around a broad theme, interest area, or industry sector, including, but not necessarily limited to, the industry sectors identified in the CTE model standards adopted by the SBE; b) A program that ensures that all pupils have curriculum choices that will prepare them for career entry and a full range of postsecondary options, including two- and four-year college, apprenticeship, and formal employment training; and, c) A program that is comprised, at a minimum, of the following components: i) An integrated core curriculum that meets the eligibility requirements for admission to the University of California (UC) and the California State University (CSU) and is delivered through project-based learning and other engaging instructional strategies; ii) An integrated technical core of a sequence of at least four related courses, that may reflect CTE standards-based courses, that provide pupils with career skills, that are aligned to and underscore academic principles; iii) A series of work-based learning opportunities that begin with mentoring and job shadowing and evolve into intensive internships, school-based enterprises, or virtual apprenticeships; and iv) Support services, including supplemental instruction in reading and mathematics, that help pupils master the advanced academic and technical content that is necessary for success in college and career. 3)Requires the multiple pathways report to meet all of the specified elements and make recommendations on specific issues. AB 790 Page 4 4)Authorizes school districts to establish and maintain one or more alternative schools within the district, defines alternative school for this purpose, and authorizes the SPI, for the operation of an alternative school, to waive any provision of the Education Code, except as specified. FISCAL EFFECT : Unknown COMMENTS : Multiple pathway programs are high school programs that seek to make core academic subjects more relevant and engaging for pupils and are designed to provide access to academic and technical study that is based on a broad theme or an industry sector. The idea behind multiple pathways is to integrate career based themes and content across all academic subject areas in order to give students the opportunity to access both core academic content and CTE without having to choose one over the other. Multiple pathway programs are found in several districts across the state in various forms; for example some districts have implemented California Partnership Academies (CPAs), small learning communities, or other career-themed small schools. In most cases, these programs are found at one or a few schools in one particular district however this bill seeks to encourage the implementation of these programs in all high schools of the MPPP participating school districts. A previously enacted measure, AB 2648 (Bass, Carter & Furutani), Chapter 681, Statutes of 2008, required the SPI to develop, in conjunction with specified individuals, a report to explore the feasibility of expanding and establishing career multiple pathway programs. According to the author, this bill "Is a direct response to the Multiple Pathways to Student Success report that the California Department of Education released in 2010, pursuant to AB 2648 - Chapter 681, Statutes of 2008." The author further states, "In particular, the multiple pathways approach has been identified as one of the most promising models for high school transformation. Research has shown multiple pathways-like programs have helped to turn around high school achievement, graduation and job placement rates for high school students matriculating through multiple pathways-like programs. The pilot program established by AB 790 would build off that success and resolve issues that make it challenging for multiple pathways to thrive as a model of school improvement. The intent is for each pilot high school to operate within a construct of AB 790 Page 5 greater flexibility with existing programmatic and fiscal resources." This bill establishes a multiple pathways pilot program for purposes of implementing district-wide multiple pathway approaches in participating school districts and specifies that multiple pathway programs shall be implemented within the participating district's existing state and local resources. Additionally, this bill requires participating school districts to receive priority for appropriate competitive grant funding distributed by the CDE. According to the sponsor of this bill, the SPI, no specific source of funding has been identified, however the sponsor states that the intent is not to seek new funding for purposes of this bill. Under the provisions of this bill, participating school districts and any other district that operates a multiple pathway program are eligible for Education Code (EC) waivers by applying to the SPI to waive any provision of the EC, except those related to earthquake safety. The waiver provisions apply to districts other than just those participating in the pilot program thus raising the question of whether this policy may be too broad. Allowing the SPI to waive any provision of the EC, begs the question as to whether the Legislature would be interested in relinquishing its authority to the SPI relative to which laws particular school districts would not have to abide by. On the other hand, some may argue that certain laws can make it prohibitive for districts to implement multiple pathway programs, however no evidence has been provided to demonstrate which specific provisions of the EC are particularly problematic in implementing multiple pathway programs. Furthermore, it is important to note that multiple pathway or similar programs have been operating successfully throughout the state within existing laws. For example, Laguna Creek High School in Elk Grove has a very successful Manufacturing Production Technology Academy; Health Professions High School in Sacramento uses the theme of healthcare to deliver instruction across subject areas; and the Stanley E. Foster Construction Tech Academy at Kearny High Educational Complex in San Diego provides students opportunities for exploring careers in construction, architecture and engineering. A process exists under current law, whereby a school district is authorized to operate an alternative school and apply to the SPI for a waiver of any provision of the EC for purposes of AB 790 Page 6 operating that alternative school. Should this Committee be interested in studying or exploring which provisions of the EC make it prohibitive for districts to develop and implement multiple pathway programs, staff recommends an amendment to delete Section 3 of the bill, and instead authorize only MPPP participating districts to be eligible for a waiver under the existing SPI waiver provisions. Since there is no additional funding that participating districts would receive as part of this pilot program, offering districts the opportunity to receive EC waivers may provide an incentive for districts to participate. Reporting : This bill requires a report to be submitted to the Legislature and the Governor that documents an independent evaluation of the costs and merits of the pilot program. The bill has little specificity on what measures will be used to assess and evaluate the effectiveness or success of multiple pathway programs. Staff recommends an amendment to specify that at a minimum, the report shall include graduation and drop out data, the number and percentage of participating pupils that are eligible for admission to the University of California and California State University and the number of students that are employed upon high school graduation. While there is some research that support the role of multiple pathway programs in high school reform efforts, there is limited data to demonstrate actual outcomes of these programs. This bill creates an appropriate opportunity to collect data and demonstrate the effectiveness of implementing district-wide multiple pathway programs. In addition to outcome data, this bill should require the report to include information on the waivers that are granted for this purpose and a description of how the waivers facilitate the operation of multiple pathway programs. This can then provide the information necessary to assess and evaluate what, if any, might be the statutory obstacles in operating multiple pathway programs. Additional technical amendments : The purpose of this pilot program is to implement district-wide multiple pathway learning approaches; however the bill does not define multiple pathway program. Since there is already an existing definition of multiple pathways in the EC, staff recommends that the bill be amended to insert a cross-reference to EC Section 52372.5, which defines "multiple pathway programs." Arguments in support : The State Superintendent of Public AB 790 Page 7 Instruction, the sponsor of the bill, writes, " . . the multiple pathways approach has been identified as one of the most promising models for high school transformation. However, we have yet to fully capitalize on its potential. While it is unlikely the state will emerge from the current economic crisis, and budget shortfalls in the near future, this should not dissuade us from pursuing a promising model of secondary school reform that can be built within existing program and fiscal resources." Related legislation : AB 1330 (Furutani) adds career technical education (CTE), as defined, as an option for pupils to fulfill the existing high school graduation requirement to complete a course in visual or performing arts or foreign language and sunsets these provisions on January 1, 2017. AB 1330 is pending in this Committee. AB 1304 (Block) authorizes the Commission on Teacher Credentialing (CTC) to convene a workgroup to develop program standards for the issuance of a recognition of study for linked learning competence for holders of a single subject credential that will be teaching pupils enrolled in linked learning programs, defined as multiple pathway programs. AB 1304 is pending in this Committee. Previous legislation : AB 2172 (Carter) of 2010 requires the SPI to convene an advisory board that includes specified parties to review the recommendations of a report required pursuant to existing law, and advise the SPI on the implementation of those recommendations. AB 2172 was held in the Assembly Appropriations Committee suspense file. AB 2445(Furutani) of 2010 requires the SPI to report to the Legislature, by December 31 of each year, on the status of the advisory board that is established by AB 2172 (Carter) of the 2009-2010 legislative session, and makes several findings and declarations relative to multiple pathway programs and the enactment of AB 2648 (Bass, Carter, Furutani), Chapter 681, Statutes of 2008. AB 2445 was held in the Assembly Appropriations Committee suspense file. AB 2648 (Bass, Carter & Furutani), Chapter 681, Statutes of 2008, requires the SPI to develop, in conjunction with specified individuals, a report that explores the feasibility of expanding and establishing career multiple pathway programs. AB 790 Page 8 REGISTERED SUPPORT / OPPOSITION : Support State Superintendent of Public Instruction (Co-sponsor) Los Angeles Area Chamber of Commerce (Co-sponsor) California Association of Leaders for Career Preparation (If amended) Lieutenant Governor Gavin Newsom Silicon Valley Leadership Group Opposition None on file. Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087