BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                  SB 500
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          Date of Hearing:   July 6, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    SB 500 (Hancock) - As Amended:  June 20, 2011

           SENATE VOTE :   Vote not relevant
           
          SUBJECT  :   Partnership academies

           SUMMARY  :   Makes various changes to the California Partnership 
          Academy (CPA) program, as specified.  Specifically,  this bill  : 

          1)Authorizes the governing board of a school district, that has 
            made every effort to enroll at-risk pupils in a CPA and fewer 
            than 50% of at-risk pupils enroll, to elect to approve CPA 
            enrollment at a number greater than 50% of pupils who do not 
            meet the at-risk criteria, and requires such determination to 
            be made on an annual basis and reported to the California 
            Department of Education (CDE), as a condition of receipt of 
            funds. 

          2)Requires the CDE to establish guidelines to assist the 
            governing board of a school district in approving CPAs with 
            greater than 50% enrollment of pupils who do not meet the 
            criteria of at-risk pupils, and requires the guidelines to be 
            developed using funds in existence on or before January 1, 
            2012.

          3)Requires the Superintendent of Public Instruction (SPI) in 
            developing guidelines with respect to CPAs to include within 
            the guidelines, measures to encourage and fund partnership 
            academies serving rural school districts, and adds that with 
            regards to enrollment provisions of the guidelines, school 
            districts may determine the total number of pupils enrolled in 
            a CPA.  

          4)Allows a school district to authorize grade 9 pupils to enroll 
            in CPAs and specifies that if a school district elects to 
            enroll grade 9 pupils, the school district shall comply with 
            all of the following: 
             a)   Adopt a policy describing the goals and criteria for 
               grade 9 participation;
             b)   Submit an academy program of study to the CDE 
               demonstrating how the grade 9 course is integral to the 








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               academy; and,
             c)   Submit to the CDE data on grade 9 participation, as 
               specified by the CDE.

          5)Prohibits a school district from receiving funding for the 
            establishment or maintenance of grade 9 courses, and states 
            that all costs associated with establishing or maintaining 
            grade 9 courses shall be borne solely by the school district.

          6)Requires, if funds are appropriated in the annual Budget Act 
            or any other measure for the support of CPAs funded pursuant 
            to SB 70 (Scott), Chapter 352 of the Statutes of 2005, funds 
            to be allocated in the manner specified in current law 
            governing CPAs.

           EXISTING LAW  :

          1)Establishes the CPA program as a state-school-private sector 
            partnership to provide combined academic and occupational 
            training to eligible at-risk students in grades 10-12, 
            inclusive.   

          2)Requires participating districts to provide assurances of the 
            following: each academy will be established as a "school 
            within a school," academy teachers will work as a team in 
            planning, teaching and troubleshooting program activities, 
            academy teachers will have a common planning period to share 
            student and educational information, and each academy pupil 
            will be provided with the specified program components.  

          3)Finds that CPAs are in the forefront of school efforts to 
            integrate academic and career technical education (CTE) and 
            that they can be effective in providing an integrated learning 
            program and high motivation toward pursuing skilled 
            occupational fields to pupils at risk of dropping out of 
            school and to pupils not motivated by the regular educational 
            curriculum, establishes criteria for identifying at-risk 
            pupils, and authorizes up to one-half of the pupils enrolled 
            at a partnership academy to be pupils who do not meet the 
            criteria of at-risk pupils.

          4)Establishes funding and grant amounts to be awarded to school 
            districts for purposes of planning, establishing and 
            maintaining academies, and expresses legislative intent to 
            expand the CPA program. 








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          5)Establishes the Career Technical Education Pathways 
            Initiative, requiring the Board of Governors (BOG) of the 
            California Community Colleges (CCC) to assist economic and 
            workforce regional development centers and consortia to 
            improve CTE education pathways between high schools and CCC 
            and requiring the CCC Chancellor to develop, implement and 
            report on a strategy for CTE Pathway Initiative program 
            objectives and outcomes.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, on the previous version of the bill, $14.697 million 
          in 2012-13 and $15.147 million in 2013-14 in general fund costs 
          to continue CPAs. 

           COMMENTS  :  A CPA is a three-year program in grades 10-12, 
          structured as a school-within-a-school.  CPAs serve at-risk 
          pupils and the program requires that no less than one half of 
          each new class meet the specified at-risk criteria.  A student 
          is considered at-risk if he or she has three of the following: 
          past record of irregular attendance, past record of 
          underachievement, past record of low motivation or disinterest 
          in the regular school program, economical disadvantages, scores 
          of below basic or far below basic in the mathematics or English 
          language arts California Standards Test, or a grade point 
          average of 2.2 or below or the equivalent of a C minus.  The 
          curriculum of CPAs is focused on a career theme and is 
          coordinated with related academic classes.  The career technical 
          focus for a CPA is determined by an analysis of the local labor 
          market and fields that have companies willing to support the 
          program.  

           At-risk student enrollment : One of the proposals in this bill 
          authorizes a school district to elect to approve CPA enrollment 
          of more than 50% of pupils that do not meet the at-risk 
          criteria, in circumstances in which a school district has made 
          every effort to enroll at-risk pupils and less than 50% of 
          at-risk pupils enroll. The bill further requires such a 
          determination to be made on an annual basis and reported to the 
          CDE.  A measure enacted last year that became operative on July 
          1 of this year, made changes to the at risk criteria by adding 
          elements with the intent of potentially making more pupils 
          eligible to participate in CPAs. Those changes were recently 
          enacted, and therefore no information is available as to what, 
          if any, impact these changes have made in student eligibility.  








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          The intent in authorizing a district to enroll less than 50% at 
          risk pupils in a CPA, according to the author is to open up the 
          program to other pupils.  The objective of the CPAs from their 
          inception has been to target at-risk pupils and many would argue 
          that CPAs should continue to do so.  While the intent behind 
          this provision is to allow for some flexibility in enrollment so 
          as to allow for more pupil participation in these programs, it 
          appears that without additional resources to fund more CPAs, 
          this proposal could have the effect of shifting the focus of 
          CPAs' traditionally targeted population.  Additionally, no data 
          or evidence has been provided that demonstrates that districts 
          are having difficulty meeting the at-risk pupil enrollment 
          requirement.  The language in the bill is very broad, and does 
          not specify how a district will demonstrate that "every effort" 
          has been made to enroll at least 50% at-risk pupils, or how the 
          CDE would make the determination that the district indeed made 
          "every effort."  This change has the potential of increasing 
          demand for the program, and it is not clear as to how CDE will 
          manage or prioritize the limited number of grants that are 
          available.  This Committee may wish to consider whether it may 
          be prudent and timely, in light of the existing fiscal climate 
          and the absence of data, to allow districts to enroll less than 
          50% at-risk pupils in a CPA.   Staff recommends  the bill be 
          amended to delete this section from the bill.          
            
          In an effort to collect data, the author wishes to incorporate 
          language requesting the CDE to use data collected from the 
          annual reports of the CPAs, provide an analysis, and make 
          recommendations to the Legislature on ways to improve the 
          quality of the delivery of services and add the following 
          language:  

                Using the data collected from the annual reports of 
               the California Partnership Academies, the department 
               is requested to provide an analysis of the program 
               components and make recommendations to the Legislature 
               on ways to improve the quality of curriculum, the 
               delivery of services, ways to address enrollment 
               issues, including, but not limited to, student 
               eligibility and performance, professional development 
               for staff, access to, and administration of, student 
               work experience, and sustainability of the academies 
               when the state support ceases.  The department is 
               encouraged to make recommendations regarding the 
               various types of academies that have been created by 








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               the Legislature or funded privately by business and 
               industry and the implications of program oversight by 
               the department of multiple types of academies.   The 
               department is encouraged to share their findings and 
               recommendations with the Senate and Assembly Education 
               Committees at the beginning of each new two year 
               session. 
           
          Because CPAs are required to annually report on their 
          performance and operation to the CDE, this information should be 
          available at the state level for purposes of developing the 
          aforementioned analysis.  

           Rural school districts  :  This bill requires the SPI to develop 
          guidelines with respect to CPAs that include measures to 
          encourage and fund CPAs serving rural school districts.  The 
          author points out that small rural school districts have 
          difficulty establishing CPAs, and the intent of this provision 
          is for the SPI to encourage rural school districts to establish 
          CPAs.  An EdSource report published in 2009 showed that 10 of 
          northern and 8 central California counties did not have any CPAs 
          in operation.  The existing language in the bill is unclear as 
          to whether requiring the specified guidelines to include 
          'measures' will achieve the author's intent.   Staff recommends  
          clarifying this section to require the SPI to develop 
          strategies, rather than measures, to encourage the establishment 
          and funding of CPAs in rural districts.           

           9th grade participation  :  This bill authorizes school districts 
          to create a grade 9 component of a CPA but prohibits districts 
          from receiving funding for this purpose.  The current CPA model 
          is a grade 10-12 model and according to information provided by 
          the author, some districts want to expand these programs to 
          grade 9 but feel they do not have the authority to do so, even 
          if they are not seeking funding for this purpose. This bill 
          gives districts the authority and places specific requirements 
          on districts that choose to do this, including the submission of 
          a program of study and pupil participation data.  The rationale 
          for these requirements is to collect information that can help 
          determine if there is interest, and the level of that interest, 
          to expand the program to grade 9, at a future time when the 
          fiscal climate improves.          

          According to the California Department of Education (CDE), there 
          are 461 CPAs currently operating in the state and according to 








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          the author there are 186 CPAs are funded through SB 70 (Scott), 
          Chapter 352, Statues of 2005.  The SB 70-funded CPAs will sunset 
          and will lose funding in 2013-14.  Additionally, there are 58 
          green technology CPAs funded through AB 519 (Budget Committee), 
          Chapter 757, Statutes of 2008 that will be losing funding in 
          2011-12.  This bill specifies that funds appropriated in the 
          Budget Act or other measure, to support SB-70 funded CPAs shall 
          be allocated under the existing formula established in statute. 

           Arguments in support  :  The California Teachers Association 
          writes, "CTA believes a meaningful educational program must 
          include both academic and career/technical education programs 
          that complement and strengthen each other.  Students deserve and 
          require workforce preparation to enter the technical global 
          economy; all students in the public school system should have 
          access to career/technical education programs which include 
          proper counseling and guidance services." 

           Arguments in opposition : The California Right to Life Committee 
          writes, "California Right to Life Committee has concerns about 
          public/private partnerships in general and, therefore, would not 
          support additional funding for these partnership academies even 
          if funds were available.  We disagree with 'the intent of the 
          Legislature to preserve support and funding for partnership 
          academies funded by SB 70 (Scott, Chapter 253, 2005).'"

           Related legislation:   SB 148 (Steinberg) requires the state 
          Controller to annually allocate $8.0 million from the California 
          Energy Commission's Energy Resources Program Account, upon 
          appropriation by the Legislature, to the Superintendent of 
          Public Instruction for creating and maintaining partnership 
          academies.  SB 148 is pending in the Senate Education Committee. 
           

          SB 275 (Hancock) proposes to consolidate funding for the major 
          K-12 CTE programs, including partnership academies into a block 
          grant and would require these programs to provide a sequence of 
          coursework.  SB 275 is pending in this Committee.   

          SB 1X 1 (Steinberg) Chapter 2, Statutes of 2011 establishes the 
          Clean Technology and Renewable Energy Job Training, Career 
          Technical Education, and Dropout Prevention Program for the 
          purpose of creating California Partnership Academies that focus 
          on clean technology and renewable energy businesses.    









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           Previous Legislation  :  AB 2855 (Hancock), Chapter 685, Statutes 
          of 2008, establishes, commencing with the 2009-10 school year, 
          the Green Technology Partnership Academies and the Goods 
          Movement Partnership Academies as two new categories of CPAs.

          SB 1354 (Hancock) Chapter 650, Statutes of 2010 revised the 
          criteria for identifying pupils that are at risk for purposes of 
          enrollment in CPAs and required a school district to provide an 
          assurance that each CPA pupil will be provided with CTE courses 
          that are part of an occupational course sequence that targets 
          comprehensive skills and meets specified requirements.    

          SB 675 (Steinberg) of 2010 allocated funds from the California 
          Energy Commission's Energy Resources Program Account, for 
          California Partnership Academies that focused on clean 
          technology and renewable energy businesses.  SB 675 was vetoed 
          by then Governor Schwarzenegger with the following veto message: 


               SB 675 would allocate funds from the California Energy 
               Commission's (Commission) Energy Resource Programs 
               Account (ERPA) to the California Department of 
               Education (CDE) for developing and maintaining 
               programs that focus on employment and training for 
               energy or water conservation, renewable energy, 
               pollution reduction, or similar technologies.
                
               Throughout my tenure as Governor, I have been a 
               staunch supporter of increasing career-tech education 
               opportunities for our young men and women.  I continue 
               to believe that career-tech education has a vital role 
               to play in helping to develop and sustain California's 
               students and our emerging green economy.
                
               Nonetheless, given the current uses of the ERPA 
               account at the Commission and the precariously low 
               balance in that fund, this bill would require the 
               Commission to increase the surcharge on electricity 
               users throughout California to pay for its provisions. 
                And even after doing so, the Commission would still 
               be required in the future to cut its core programs to 
               pay for this bill, including those related to power 
               plant licensing, renewable energy facility licensing, 
               and energy efficiency.
                








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               More importantly, I will not support increasing the 
               surcharge on electricity users to fund a K-12 
               Education program.  To do so would start a dangerous 
               precedent for finding unrelated revenue sources to 
               fund, expand, or create K-12 programs outside of the 
               Proposition 98 guarantee.
                
               Additionally, the bill only gives a minor role to the 
               Commission in developing the guidelines for the 
               program.  Just as the Commission is not an expert in 
               navigating our state's complex education system, 
               neither are CDE employees proficient in the emerging 
               technologies and future of our green economy.  As 
               such, the Commission should be CDE's partner in 
               putting together this program so as to provide our 
               students with the right skills to enter our green 
               economy.
                
               If the program included in this bill was wholly funded 
               using Proposition 98 dollars and a greater role was 
               given to the Commission to develop guidelines in 
               cooperation with the Department of Education, I would 
               sign it.


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          State Superintendent of Public Instruction (sponsor)
          California Teachers Association
          California Association of Leaders for Career Preparation (on 
          previous version)
          California State PTA (on previous version)
           
            Opposition 
           
          California Right to Life Committee

           Analysis Prepared by  :    Marisol Aviņa / ED. / (916) 319-2087