BILL ANALYSIS Ķ AB 1330 Page 1 Date of Hearing: April 13, 2011 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 1330 (Furutani) - As Introduced: February 18, 2011 SUBJECT : Graduation requirements: career technical education SUMMARY : Adds, commencing with the 2012-13 school year, 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 (VPA) or foreign language. Specifically, this bill : 1)Defines "a course in career technical education" as a course in a district-operated CTE program that is aligned to the CTE standards and framework adopted by the State Board of Education (SBE). 2)Specifies that the provisions of this bill do not require a school or school district that currently does not offer CTE courses to establish new CTE programs for purposes of meeting the requirements of this bill and requires districts that choose to offer CTE courses to pupils for purposes of meeting the high school graduation requirements to fund those courses through existing funds. 3)Repeals the provisions of this bill on July 1, 2017. EXISTING LAW : 1)Establishes the following minimum high school graduation requirements for pupils in grades 9-12, inclusive: a) Three years of English; b) Two years of math; c) Two years of science; d) Three years of social studies, including United States history and geography; world history, culture and geography; and a one-semester course in American government and civics and a one-semester course in economics; e) One course in visual or performing arts (VPA) or foreign language; f) Two courses in physical education; and, g) Other coursework that the governing board of the school AB 1330 Page 2 district may specify. 2)Specifies that governing boards, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study which may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, CTE classes, courses offered by regional occupational centers or programs (ROCPs), interdisciplinary study, independent study, and credit earned at a postsecondary institution, and requires that specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. 3)Requires districts maintaining any of grades 7-12, inclusive, to offer to all otherwise qualified pupils in those grade levels a course of study that fulfills the requirements and prerequisites for admission to California's public institutions of postsecondary education. 4)Requires districts maintaining any of grades 7-12, inclusive to offer to all otherwise qualified pupils a course of study that provides an opportunity for pupils to attain entry-level employment skills in business or industry upon graduation from high school. 5)Requires, commencing with the 2003-04 school year and each year thereafter, at least one course, or a combination of the two courses, in mathematics required to be completed by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, meet or exceed the rigor of the content standards for Algebra I, as adopted by the SBE. FISCAL EFFECT : This bill is keyed non-fiscal, however, the Assembly Appropriations Committee has requested this bill be referred to them. If this bill is passed by the Assembly Education Committee, it will be referred to the Committee on Appropriations to consider the fiscal implications. On an identical measure, AB 2446 of 2010, the Assembly Appropriations Committee estimated General Fund/Proposition 98 cost pressure, likely between $880,000 and $1.5 million, to school districts to provide increased CTE course offerings to high school pupils. AB 1330 Page 3 COMMENTS : The existing minimum high school graduation requirements include one course in either VPA or foreign language. This bill adds CTE to this category as a course option to meet the minimum graduation requirements in lieu of a course in either VPA or foreign language. An argument could be made that this bill provides more options for pupils to complete the minimum high school graduation requirements. On the other hand, this is a significant change that raises arguments over whether the approach taken by this bill will reduce access to courses in the curriculum that some would argue should be expanded rather than diminished. This is particularly relevant in light of the growing concern over the narrowing of the curriculum in schools and the reductions of course offerings in arts and foreign language. Additionally, this change may have an effect on postsecondary admission eligibility for pupils that exercise this option, thereby resurfacing the "either/or" debate that has often dominated the discourse over CTE. Core academic subjects : This bill appears to be based on the premise that foreign language and VPA are non-core courses, and therefore, proponents of this measure would argue that this bill would add one more subject to the list of what are often viewed as elective courses. However, the federal No Child Left Behind Act (NCLB) defines "core academic subjects" to mean English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. Supporters of foreign language and VPA argue that these two subjects are core subject areas and thus should not be diluted as a requirement for high school graduation. Considering that VPA and foreign language are core content areas under NCLB, it is not clear as to why the author is taking the approach of allowing CTE to replace one of these core-content courses and is not proposing to replace any of the other existing core and non-core content areas. The other graduation requirements include, English, math, science, social studies, history, civics and government and physical education; all of which are core subject areas except physical education. Some would argue that foreign language, VPA and CTE should all be part of the graduation requirements, instead of making students choose one over the other. In fact, this bill points to a much broader policy concern regarding the funding levels in education and the precedent this bill could set. Rather than ensure pupils have access to a well-rounded education, this bill AB 1330 Page 4 allows them to replace core subjects with non-core subjects, in what some would argue is an attempt to accommodate the insufficiency of education resources. This Committee may wish to consider whether this is the appropriate policy approach that should be taken. The SBE has adopted content standards in both VPA and foreign language and it can be argued that each one of these subjects plays a role in providing pupils a complete and well-rounded education that keeps students engaged and motivated to stay in school. These two subject areas provide very valuable skills and knowledge that can help pupils be successful in the global economy. Foreign language : The benefits and importance of foreign language study has been widely documented. The Committee for Economic Development (CED), an independent research and policy organization of business leaders and educators, released a report in 2006 titled, Education for Global Leadership: The importance of International Studies and Foreign Language Education for U.S. Economic and National Security. The report points out, "To confront the twenty-first century challenges to our economy and national security, our education system must be strengthened to increase the foreign language skills and cultural awareness of our students. America's continued global leadership will depend on our students' abilities to interact with the world economy." The CED report further suggests, "The need for foreign language skills is even more acute for our national security. The FBI and other federal government agencies lack sufficient linguists to translate intelligence information in critical languages in a timely manner. Furthermore our diplomatic efforts have been hampered by a lack of cultural awareness." CED recommends to integrate international content into the state's K-12 curriculum standards and to require high school students to achieve proficiency in at least one language in addition to their primary language. Similarly, the California Master Plan for Education of 2002 recommends all schools to establish a foundation for students' future mastery of a second language, by the end of elementary school, and attainment of oral proficiency and literacy in both English and at least one other language, by the end of secondary school. The Master Plan states, "education must prepare Californians for participation in the international community. Ours is the nation's most linguistically rich state. At a time AB 1330 Page 5 when global knowledge, skill, and understanding are at a premium, California's multi-lingualism is an asset that should be developed to a much greater extent. We must recognize our state's widespread multiculturalism and bilingualism and embrace them as 21st century educational and social resources." The State Board of Education (SBE) has adopted draft foreign language content standards, now known as "world languages." The draft World Language Content Standards for California Public Schools, Kindergarten Through Grade Twelve world language content standards represent the knowledge, skills and abilities that students should acquire during thirteen years in California public schools. The draft document states, "In order to succeed in the 21st century, today's students need to develop linguistic and cultural literacy, including academic knowledge, proficiency in English, and in several of the world's languages and cultures." Recognizing the importance of cultural competence and foreign language skills to compete successfully in the global economy, some would argue that the existing high school graduation requirements in the area of foreign language should be strengthened and that foreign language learning should begin earlier in a pupil's educational trajectory. According to information on the California Department of Education's (CDE) Web site, in the 2008-2009 school year, 29,900 foreign language courses were offered in 1,957 schools throughout the State. Visual or performing arts : Supporters of VPA education would argue that arts courses enhance creativity and critical thinking abilities, which are recognized as important skills for the workplace. Like CTE, arts education has proven to be an effective way to engage students in learning and in preventing dropouts. A review of research through a survey, "Critical Links: Learning in the Arts and Student Academic and Social Development," suggests that "education in the arts not only fosters other specific skills but also improves students' self-confidence and motivation to learn, particularly among poor and other at risk students." In 2001, the SBE adopted Visual and Performing Arts Content Standards for California Public Schools, Pre-kindergarten through Grade Twelve. The standards include all four disciplines of dance, music, theatre, and visual arts. The VPA standards were developed as a result of Senate Bill 1390 (Murray), Chapter 432, Statutes of 2000. SB 1390 called for the adoption of visual and performing arts content standards and AB 1330 Page 6 stated that instruction in VPA should be made available to all students. The VPA standards state, "The arts convey knowledge and meaning not learned through the study of other subjects. Study in and through the arts employs a form of thinking and a way of knowing based on human judgment, invention, and imagination. Arts education offers students the opportunity to envision, set goals, determine a method to reach a goal and try it out, identify alternatives, evaluate, revise, solve problems, imagine, work collaboratively, and apply self-discipline. The visual and performing arts are a vital part of a well-rounded educational program for all students." Reports have shown that arts education in secondary schools suffers from limited availability. A recent report by SRI International, An Unfinished Canvas, shows that 72% of high schools fail to offer standards-aligned courses of study in all four arts disciplines. According to CDE data for 2008-09, 41,768 courses were offered in 3,242 of the State's schools. Supporters of arts education have suggested that exposure to arts education provides invaluable preparation for the world of work. VPA address and develop ways of thinking, questioning, expression and learning that complement learning in other core subjects and develop skills and abilities that are important for students entering into the workforce after high school. Career Technical Education : There is evidence that CTE has a role in engaging students in academic learning and there is much support in expanding opportunities that prepare pupils to make choices for life after high school. The SBE adopted Career Technical Education Model Standards in 2005 and the CTE Framework for California Schools for grades seven to twelve in 2007. CTE course offerings range in method of delivery and course content. CTE courses can be delivered by ROCPs, partnership academies, agricultural programs, and tech-prep programs and the courses offered vary in the degree of rigor and alignment to the CTE standards, thus raising the question of whether CTE courses are as rigorous as the high school graduation required courses. There are a number of CTE courses that do meet and even exceed the rigor of high school graduation courses and are approved and recognized to meet the A-G criteria but not all CTE courses do. This bill requires CTE courses counted towards meeting the graduation requirements to be CTE-standards aligned. It is difficult to know how many of the CTE courses in fact meet the CTE standards, as there is no statewide mechanism in place to review and ensure that CTE AB 1330 Page 7 courses are aligned to the CTE standards. Districts that receive funds from the Carl Perkins Career and Technical Education Improvement Act are required to show in their Perkins plan that course offerings are aligned to the CTE standards. This bill limits the CTE courses that could count towards high school graduation to those that are district-operated programs. Programs such as county-operated ROCPs would not count towards high school graduation. According to information on the California Department of Education's Internet Web site, there are currently 42 county-operated ROCPs, 6 single district ROCPs, and 26 joint powers agreement (JPA) ROCPs. Currently ROCP teachers do not have to meet the highly qualified teacher requirements, unless that teacher teaches a core subject. The CTE instructor must, however be properly credentialed in their respective CTE discipline. The California Department of Education (CDE) has established a policy regarding the "highly qualified teacher" provisions of NCLB that states, "in order to be considered highly qualified, a teacher must have a four-year college degree and meet all other credentialing requirements. If a CTE teacher does not have a four-year college degree and his/or her class is an option for a core course for graduation purposes, he/or she may not be meeting the highly qualified teacher requirements." The guidance that CDE has offered regarding alternative ways of meeting the core subject graduation requirements, however does not address the issue regarding CTE teachers who teach CTE courses that meet the alternative graduation requirements but do not have a four-year degree because California's CTE credentials do not require a 4-year college degree. It is uncertain that limiting the types of CTE courses that would count towards high school graduation to courses that are part of district-operated CTE programs would addresses the issue of meeting the "highly qualified teacher" requirements under NCLB. Under current law, districts are required to adopt alternative means for pupils to complete the prescribed course of study which may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, CTE classes, courses offered by ROC/Ps, interdisciplinary study, independent study, and credit earned at a postsecondary institution. Districts have the option of adopting alternatives for pupils to complete high school graduation requirements. AB 1330 Page 8 Effect on UC/CSU admission eligibility : The Board of Admissions and Relations with schools (BOARS) establishes the subject areas and pattern of courses required for minimum eligibility for freshman admission to the University of California (UC). These requirements are known as the A-G requirements, and the California State University (CSU) system also accepts courses certified by BOARS as minimum eligibility requirements. The A-G requirements consist of 15 courses and three recommended courses as follows: ---------------------------------------------- |History/Social Science - 2 years required | |----------------------------------------------| |English - 4 years required | |----------------------------------------------| |Mathematics - 3 years required, 4 years | |recommended | |----------------------------------------------| |Laboratory Science - 2 years required, 3 | |years recommended | |----------------------------------------------| |Language Other than English - 2 years | |required, 3 years recommended | |----------------------------------------------| |Visual and Performing Arts - 1 year required | |----------------------------------------------| |College-Preparatory Electives - 1 year | |required | ---------------------------------------------- Recognizing that this bill could result in high school students graduating without taking a single course in foreign language, or VPA, it must be noted that this could have an effect on a pupil's eligibility for admission to UC and CSU because both of these are courses required for minimum eligibility for freshman admission to California's four-year public postsecondary institutions. Staff recommends an amendment to add a requirement for school districts that elect to offer CTE as a course option within the high school graduation requirements to notify in writing pupils and their parents, legal guardians or education rights holder that exercising this option could have an effect on that pupil's eligibility for admission to UC or CSU and to also notify pupils of the availability of CTE courses available that meet the A-G requirements, if any. A substantially similar measure, AB 2446 (Furutani), was vetoed by Governor Schwarzenegger in 2010 expressing concerns that this AB 1330 Page 9 bill could be construed to impose higher costs without a fund source. The enrolled version of AB 2446 included several provisions that are not in the introduced version of this bill. One of those was a requirement for a school district or county office of education (COE) that elects to allow a CTE course to satisfy the graduation requirements to notify, prior to offering that alternative to pupils, the public at a regularly scheduled meeting of the governing board about all of the following: 1. The intent to offer career technical education courses to fulfill the graduation requirements; 2. The impact that offering career technical education courses, will have on the availability of A-G courses and whether the career technical education courses to be offered are approved to satisfy those eligibility requirements; and, 3. The distinction, if any, between the high school graduation requirements of the school district or county office of education and the A-G requirements. Staff recommends the bill be amended to include these provisions in order to provide teachers, parents, pupils and the public an opportunity to learn about the impact this bill could have on course offerings and on UC/CSU eligibility. The enrolled version of the bill also included a requirement for the CDE to report to the appropriate policy committees of the Legislature specified information to help the Legislature assess and evaluate the impact of this policy on dropout rates, course offerings, and other opportunities for pupils. Since these provisions sunset in five years, it is important for the Legislature to have this information. Staff recommends the bill be amended to include a similar requirement for CDE to report on the following: 1. The number of pupils who took a career technical education course in order to fulfill the requirement specified in this bill. A school district may report this number through the California Longitudinal Pupil Achievement Data System; 2. Reasons given by pupils for choosing to enroll in a career technical education course to satisfy the requirement specified in this bill; 3. The type and number of CTE courses that were available for pupil enrollment; AB 1330 Page 10 4. The number of CTE courses that satisfied the subject matter requirements for admission to the University of California or the California State University; 5. The extent to which the CTE courses addressed local workforce needs; 6. The impact on VPA and foreign language courses that resulted from pupils choosing to enroll in CTE courses to satisfy the graduation requirement specified in this bill; and 7. Annual pupil dropout and graduation rates for the 2010-11 to 2013-14 school years, inclusive. Impact on English learners : Linguistic minority students are the fastest growing demographic group in California and they enter school at considerable disadvantages relative to their native English speaking peers. Approximately 1/3 of all English learner (EL) students are found in grades 7-12. According to a report titled, Promoting Academic Literacy Among Secondary English Language Learners: A Synthesis of Research and Practice, secondary English learners are the fastest growing segment of ELs; and older ELs "have less time to acquire both English and the academic skills they need to get ready for high school graduation and to prepare for post-secondary options." It has been documented that secondary ELs encounter difficult challenges in acquiring the language, more specifically the academic English of the classroom and of texts, and the disciplinary content material such as history, social studies, science, mathematics and literature that is required for high school graduation and for success in postsecondary life. This affects newcomer ELs the most as they struggle in meeting graduation requirements while trying to learn the language and subject matter content. Many of them struggle to meet all the existing graduation requirements and the A-G requirements. Arguments have been made that this bill could impede EL access to meet the A-G requirements due to the number of intervention and support classes in English and math crowd out access to courses in arts, foreign language, and even science and social studies, hence making it more important to give pupils and parents notification of the potential impact on UC/CSU eligibility if a pupil chooses to take a CTE course instead of a VPA or foreign language class. Sequences of courses and multiple pathway programs : Research has shown that pupils that complete both an academic and a CTE sequence of courses in high school have the greatest likelihood AB 1330 Page 11 of being employed in professional, managerial, or skilled jobs and have the greatest likelihood of being enrolled in postsecondary education. Furthermore, the California Career Technical Education 2010 Longitudinal Study shows that CTE students generally had better grades in their CTE courses if they took more of them within a single industry sector and students with only one course in a sector had the lowest CTE grades, and that salaries increased post-high school by number of courses taken in a sequence up to the point of four courses where there occurred a drop off in average wages earned. Hence, it is questionable that one CTE course will have an impact in job and postsecondary readiness for pupils. Proven and promising programs like the California Partnership Academies and multiple pathway programs promote CTE course sequences with academic coursework as integral components to prepare pupils for college and careers. A previously enacted measure, AB 2648 (Bass, Carter & Furutani), Chapter 681, Statutes of 2008, required the Superintendent of Public Instruction (SPI) to develop, in conjunction with specified individuals, a report that explores the feasibility of expanding and establishing career multiple pathway programs. The "multiple pathways" can deliver a rigorous and relevant curriculum that includes core academics, applied learning and a CTE course sequence. The integration of career based themes and content across all subject areas is a promising approach that would give students the opportunity to access both core content and CTE without having to choose one over the other. The report suggests that currently, the requirements for high school graduation, as defined in the California Education Code, do not meet actual admission requirements of many postsecondary educational institutions, and while the report does not include recommendation on this particular subject, it does suggest that the multiple pathways approach could work to relieve the concerns that students who take an applied course sequence cannot be eligible for the UC or CSU, and that students who complete the A-G sequence will have no room in their schedule for CTE courses. Arguments in support : The State Building and Construction Trades Council, the sponsor of the bill writes, "AB 1330 would increase access to these courses by allowing students to choose to enroll in a CTE course instead of a visual or performing arts course or a foreign language course. The ability to choose will help students become more engaged in their education and will improve AB 1330 Page 12 graduation rates and levels of postsecondary education enrollment in college, universities or apprenticeship programs. Since a recent study entitled: The Silent Epidemic: Perspectives of High School Dropouts found that 47% of high school dropouts indicated that they were not interested in or engaged in their coursework the new choice that AB 1330 would provide students might very well help mitigate that statistic." The California Manufacturers & Technology Association writes, "Our member companies are already finding it difficult to find qualified machinists, engineers, and other manufacturing workers. This promises to become a workforce shortage crisis in the future as aging baby boomers retire in ever increasing numbers. This means that in the coming decades the California economy will be offering exciting and well-compensated employment for students who acquire high level technical skills in manufacturing, construction, healthcare, and many other industry sectors. These jobs often require less than a bachelors degree, but require a rigorous curriculum that includes core academics and applied learning opportunities."Arguments in opposition : The California Alliance for Arts Education writes, "AB 1330 would undermine access to arts education courses by allowing students to substitute Career Technical Education courses for current requirements in visual and performing arts or foreign language. While we support efforts to create pathways to the workforce for students, we believe this legislation unfairly targets arts education and prevents every student from gaining access to the unique training and skills that grow from quality arts education. Classes in dance, music, theater, and visual arts are the very courses that engage at-risk students who might otherwise drop out from school. With high school drop out rates soaring in California, we cannot risk a further disincentive to attending school." Public Advocates has an oppose unless amended position on this bill and is seeking the following amendments: require that the optional CTE course is A-G aligned; require that the optional CTE course be one of at least 2 CTE courses, the demonstrated number of courses necessary to see academic improvement; School districts that implement the option must be required to provide full disclosures to individual students and their families that they may be foregoing their eligibility for college or university; Schools who choose to substitute a CTE course for AB 1330 Page 13 the arts/foreign language course requirement must provide CTE courses that meet the minimum content standards adopted by the State Board of Education; and to condition the use of this curriculum flexibility by prohibiting districts from reducing their existing course offerings for visual and performing arts or foreign language after adopting AB 1330's flexible graduation standard. Public advocates further notes, "Without these amendments, AB 1330 will lower graduation standards by making it easier for poor performing students to get a diploma without preparation for any post-secondary option, meaning students will be much more likely to graduate prepared for neither career nor college." Related legislation : AB 790 (Furutani & Carter) establishes the Multiple Pathway Pilot Program 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, and 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. Requires the SPI to transmit a report to the Legislature and the Governor by January 18, 2018, that makes specified evaluations and recommendations. AB 815 (Brownley) establish the State Seal of Biliteracy to recognize high school graduates who have attained a high level or proficiency in speaking, reading, and writing in one or more languages in addition to English. AB 815 is pending in this Committee. Previous legislation : AB 2446 (Furutani) of 2010, a substantially similar measure, adds, commencing with the 2011-12 school year, CTE, as defined, as an option for pupils to fulfill the existing high school graduation requirement to complete a course in VPA or foreign language. Requires the California Department of Education (CDE), on or before January 1, 2015, to report to the appropriate policy committees of the Legislature specified data and information relative to the course taking in CTE and the impact this bill has had on other subject areas, and requires a school district or COE that chooses to offer CTE course as an option for pupils to meet graduation requirements to notify the public, as specified, through a regularly scheduled board meeting Sunsets the provisions of the bill on July 1, 2016. AB 2446 was vetoed by Governor Schwarzenegger AB 1330 Page 14 with the following veto message: Improving and expanding Career Technical Education (CTE) opportunities has been among my highest priorities. While I am supportive of the author's intent to give CTE a prominent place in high school graduation priorities, the final version of this bill omitted my Administration's proposed amendments that were intended to limit the new costs to school districts. Therefore, I am concerned that this bill could be construed to impose higher costs without a fund source, which could also be interpreted as a state reimbursable mandate. Given that school budgets are very constrained due to the recession, adding new costs at this time is not advisable. SB 253 (Wyland) of 2010, a substantially similar measure, adds, commencing with the 2011-12 school year and for five years thereafter, career technical CTE, as defined, as an option for pupils to fulfill the existing high school graduation requirement to complete a course in VPA or foreign language. SB 253 was referred to the Assembly Rules Committee. AB 554 (Furutani) adds one course to the existing minimum high school graduation requirements and includes career technical education (CTE) as an option to fulfill this additional requirement. AB 554 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. SB 672 (Torlakson) of 2008 requires high schools participating in the California Enhanced Instructional Time Program, pursuant to Senate Bill 681 (Torlakson) of 2008, to adopt a graduation policy that requires pupils to complete two courses in CTE. SB 672 was held in the Assembly Education Committee. AB 272 (Kuehl) of 1999 increases course requirements for the receipt of a high school diploma to require one year-long course in visual or performing arts and one year-long course in a foreign language, commencing with the graduating class of the 2004-2005 school year. AB 272 was held in the Senate AB 1330 Page 15 Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support Association of California School Administrators Automotive Service Councils of California California Autobody Association California Business Education Association California Farm Bureau California Manufacturers & Technology Association California Teachers Association Engineering & Utility Contractors Association Golden State Builders Exchanges State Building and Construction Trades Council (Sponsor) Opposition Alliance for a Better Community Arts for LA California Alliance for Arts Education California Art Education Association California Association for Health, Physical Education, Recreation and Dance California Language Teachers Association Californians for Justice Californians Together LEAP Performing Arts Workshops Public Advocates (Unless Amended) Theatre Bay Area Individuals Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087