BILL ANALYSIS Ó
AB 509
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
509 (Perea) - As Amended April 23, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill, exempts from regulation under the Private
Postsecondary Education Act, an entity offering
preapprenticeship training programs that are either:
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1)On the California Workforce Investment Board's (WIB's)
Eligible Trainer Provider List (ETPL) and meet requirements
for continued listing; or
2)Not on the ETPL but has met the requirements for placement on
the list.
The bill also stipulates that any entity removed from the ETPL
for failure to meet performance standards is not exempt from the
Act until it meets the standards.
FISCAL EFFECT:
Any costs to the Bureau for Private Postsecondary Education
(BPPE) will be minor and absorbable.
COMMENTS:
1)Background. The Act provides a variant of specific exemptions
from oversight by the BPPE, including for educational programs
sponsored by a bona fide trade, business, professional, or
fraternal organization, solely for that organization's
membership. Construction trades unions registered with the
Joint Apprenticeship and Training Committee of the state
Department of Industrial Relations, Division of Apprenticeship
Standards (DAS), for purposes of their apprentice training,
are exempt from the Bureau for purposes of these
apprenticeship programs.
Under the federal Workforce Investment Act (WIA), states are
required to establish a list of providers eligible to receive
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WIA funds for training services provided to WIA clients. In
California, this statewide directory is known as the Eligible
Training Provider List (ETPL), which is under the auspices of
the state's WIB.
Among other program quality and performance based provisions,
WIB requires private postsecondary educational providers to
have an Approval to Operate from the Bureau prior to being
listed on the ETPL. Alternatively, an institution that is
exempt from Bureau oversight, such as the DAS-approved
apprenticeship programs, may provide verification that the
provider is exempt from the Act.
2)Purpose. According to the author, the Fresno Regional
Workforce Investment Board's multi-craft preapprentice
training is a consortium of the regional building trades
unions. The consortia is not approved by the DAS for purposes
of the preapprentice program and, because they are providing
preapprenticeship programs to students beyond their own
membership, they do not fall under existing exemptions
provided in the Act, and are thus required to obtain Bureau
approval prior to being placed on the ETPL. The author argues
that building trades council organizations are not private
postsecondary educational institutions and should not be
subject to the provisions of the Act or oversight by the
Bureau.
This bill, as recently amended, require such preapprenticeship
training programs, in order to obtain and maintain exemption
from the Ac, to qualify for initial and continued placement on
the ETPL.
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Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081