BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2063  
          (Gallagher) - As Introduced February 17, 2016


          SUBJECT:  Work-based learning opportunities:  work experience  
          education, registered student apprentices, and job shadowing


          SUMMARY:  Lowers, from 16 years of age to 14 years of age, the  
          minimum age required for student participation in work  
          experience education, job shadowing experiences, and  
          apprenticeship programs. Raises the hour limit on student  
          participation in job shadowing experiences from 25 to 40 hours  
          per semester. Specifically, this bill:  


          1)Lowers the age for participation in work experience education  
            programs from 16 to 14 years of age. 


          2)Lowers the age for participation in job shadowing experiences  
            from 16 to 14 years of age. 


          3)Lowers the grade limit for participation in job shadowing  
            experiences from 10th grade to 9th grade. 


          4)Lowers the age for participation in apprenticeship programs  
            from 16 to 14 years of age. 








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          5)Lowers the grade limit for participation in apprenticeship  
            programs from 10th grade to 9th grade. 


          6)Raises the amount of hours a student can participate in job  
            shadowing experiences from 25 hours to 40 hours per semester. 


          EXISTING LAW:  


          1)Authorizes school districts that maintain high schools to  
            establish work-based learning or work experience programs for  
            the purpose of providing pupils with instruction in skills,  
            attitudes, and understanding necessary for success in  
            employment. 



          2)Defines "work-based learning" as an educational approach or  
            instructional methodology that uses the workplace or real work  
            to provide pupils with knowledge and skills that help them  
            connect school experiences to real-life work activities and  
            career opportunities. 



          3)Provides that work-based learning opportunities for pupils may  
            be delivered by partnership academies, regional occupational  
            programs, and other educational programs, and may include work  
            experience education, community classrooms, cooperative career  
            technical education (CTE) programs, and job shadowing. 



          4)Requires students to be at least 16 years of age in order to  
            receive credit for completing a work experience education  








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            program.  Allows students younger than 16 to participate in  
            work experience education under any of the following  
            conditions:






             a)   the student is in grade 11 or higher



             b)   the principal of the school which the students attends  
               certifies that the student is in need of immediate work  
               experience in order to pursue employment opportunities



             c)   the principal of the school in which the student attends  
               certifies that there is a probability that the student will  
               no longer be enrolled as a full-time student without being  
               provided the opportunity to enroll in a work experience  
               education program



             d)   the student's individual education program (IEP)  
               prescribes the type of training for which participation in  
               work experience education is deemed appropriate



          5)Defines a registered student apprentice as a student who is at  
            least 16 years of age, a full time high school student in the  
            grade 10 or higher, and in an apprenticeship program  
            registered with the Division of Apprenticeship Standards. 










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          6)Specifies that school districts providing training to students  
            through work experience education, cooperative vocational  
            education, community classrooms, or student apprenticeship  
            programs are considered the employer of the student receiving  
            the training, unless the student is being paid a cash wage. 


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill.  According to the author's office, "Every 26  
          seconds, a student drops out of school in the United States.  
          Students living in low-income families are more likely to drop  
          out of school. Data from the National Center on Education  
          Statistics shows that low-income students drop out at a rate 10  
          times higher compared to their peers. What is more troublesome  
          is that most students who drop out leave in the middle of 10th  
          grade. 


          Exposing students to Career Technical education is crucial. A  
          California study showed that high school dropout rates in CTE  
          programs averaged about half the rate of the general population.  
          Additionally, exposing students earlier allows them to explore  
          more career options and gives them the knowledge and experience  
          they need to launch their careers or further their education.  
          This will also help California close the predicted 1.5 million  
          worker gap. Career Technical Education is key to providing  
          students a pathway to postsecondary education and careers."


          Focus on CTE in California has grown.  With dramatic changes in  
          industry and workforce demands, as well as renewed focus on  
          supporting students' "career readiness," policymakers, business  
          leaders and educators have in recent years enacted numerous  
          reforms to increase student access to CTE courses.  There are  








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          several different state programs that support CTE opportunities,  
          including Regional Occupational Centers and Programs (ROC/Ps),  
          the CTE Incentive Grant Program, the Career Pathways Trust, and  
          Partnership Academies. The Legislature has also supported CTE as  
          an option to meet state graduation requirements.  


          In January, 2013, the SBE adopted revised CTE Model Curriculum  
          Standards, which reflect the specific conditions and  
          expectations of each industry sector. The standards are  
          organized into 15 industry sectors, which each contain anywhere  
          from three to seven different pathway learning approaches. 


          Work Experience Education:  According to the CDE, work  
          experience education (WEE) is a course of study that may be  
          established by a governing board of any local education agency  
          (LEA) to provide paid or unpaid on-the-job experiences for high  
          school students through training agreements with employers. WEE  
          programs combine an on-the-job component with related classroom  
          instruction designed to maximize the value of the on-the-job  
          experiences. The goal of WEE programs is to: 


                 Link the academic core curriculum with the world of work  
               and promote the students' school-to-career transition


                 Help students develop skills, habits, and attitudes  
               conductive to job success and personal growth


                 Assist students in career exploration and forgoing  
               rewarding relationships with employers


                 Develop a positive work ethic and acquire or refine work  
               related skills and job performance in actual work settings









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          WEE includes both paid and non-paid experiences. The school  
          district may offer any one or more of the following types of  
          WEE:


                 Exploratory Work Experience Education (EWEE):  The  
               objective of EWEE is to provide career guidance to students  
               and ascertain their interests and aptitudes for specific  
               careers through opportunities to observe and sample a  
               variety of conditions of work. EWEE includes a combination  
               of job observations and related classroom instruction in  
               WEE. The student may be required to perform non-paid work  
               activities while exploring the occupation on a limited,  
               periodic, and sampling basis. Students may not participate  
               in EWEE programs if pay is received for similar work at the  
               same work station or a similar job during hours when not  
               assigned to the EWEE program. The LEA must provide Workers'  
               Compensation Insurance for the student.  Students enrolled  
               in EWEE may be as young as 12 years of age, and students  
               participating in EWEE do not need a work permit. In the  
               2014-15 school year, EWEE was offered in 96 schools, with a  
               total of 316 different courses taught. A total of 2,383  
               students were enrolled in a EWEE program.


                 General Work Experience Education (GWEE):  The purpose  
               of GWEE is to provide students with opportunities for  
               applying the basic skills of reading, writing, and  
               computation through a combination of supervised paid  
               employment in any occupational field and related classroom  
               instruction. Students participating in GWEE typically  
               require a work permit. In the 2014-15 school year, GWEE was  
               offered in 304 California schools, with a total of 1,048  
               different courses taught. A total of 9,772 students were  
               enrolled in a GWEE program.


                 Career Technical Work Experience Education (CTWEE). The  








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               intent of CTWEE is to reinforce and extend vocational  
               learning opportunities for students through a combination  
               of related classroom instruction and supervised paid or  
               unpaid employment. Students enrolled in CTWEE must have a  
               worksite placement or employment that is related to a  
               previous or concurrently enrolled Career Technical  
               Education course of study. In the 2014-15 school year,  
               CTWEE was offered in 179 California schools, with a total  
               of 643 different courses taught. A total of 5,284 students  
               were enrolled in a GWEE program.


          Enrollment in WEE relatively small compared to other CTE  
          options.  According to the CDE, in the 2014-15 school year, 523  
          schools offer some type of WEE program, with 2,007 different  
          courses taught.   There were 17,439 students enrolled in WEE  
          programs.


          Compared to the enrollment in other CTE courses, these numbers  
          are relatively low. For example, 1,140 schools offer a CTE  
          program on Arts, Media, and Entertainment, (just one of the 15  
          CTE industry sectors) with 7,068 courses taught, and a total of  
          162,093 students enrolled.  


          Does current law for WEE pose barriers to CTE?  Currently,  
          students must be at least 16 years of age to receive credit for  
          completing a work experience program, but provides several  
          exemptions to this age limit.  A student younger than 16 may  
          participate in WEE under any of the following conditions:


                 the student is in 11th grade or higher


                 the student's principal certifies that the student is in  
               need of immediate work experience in order to pursue  
               employment opportunities








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                 the student's principal certifies that there is a  
               probability that the student will no longer be enrolled as  
               a full time student without the ability to enroll in a WEE  
               program


                 the student has an IEP providing that participation in  
               WEE is necessary


          The statutes authorizing WEE date to the 1970s, and haven't been  
          amended in over 20 years. CTE has evolved significantly since  
          this time.  It now includes a much broader range of  
          occupations/career pathways, has been integrated with  
          standards-based coursework, and generally involves a more  
          rigorous instructional methodology.  Based on the age of the  
          authorizing statutes and low participation numbers shown below,  
          the Committee may wish to consider if WEE is well aligned to  
          current CTE programs and standards.  


          The Committee may also wish to consider if the limits in current  
          law really pose barriers to participation in the three WEE  
          programs:


                 In EWEE courses, students may be as young as 12 years  
               old to participate.  


                 GWEE courses require a work permit, which may be issued  
               to students as young as 12 years old. However, the state  
               does prohibit 12 and 13 year olds from working before,  
               after, or during the work day, and limits the amount of  
               hours 14 and 15 year old students may work to 18 hours a  
               week. According to the CDE, the majority of work permits  
               are issued to students 16 and 17 years of age, who can work  








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               a maximum of 48 hours per week. 


                 For CTWEE courses, staff is unaware of any concrete  
               examples of how the age limits in current law pose a  
               barrier.  If a student is engaged in a career pathway  
               program starting in 9th grade, for example, there appear to  
               be other avenues for work experience than enrollment in WEE  
               courses, including job shadowing and internships.  


          According to the author, the hour participation limit creates a  
          barrier to participation in CTE programs as 25 hours only  
          amounts to roughly 3 days a semester. However, if the student  
          were allowed to job shadow for 40 hours, as proposed in this  
          bill, then she could spend an entire week on an internship  
          during a school break or over the summer, providing a much more  
          immersive experience. 


          The author states that the intent of this bill is to allow  
          younger students to engage in WEE as a means of preventing them  
          from dropping out of high school, and to allow for early  
          participation in work-based education.  Current law appears to  
          provide an exemption for students at risk of dropping out of  
          school without access to such an option, but does not provide an  
          exemption for students engaged in career pathway programs.   
          Staff recommends that the bill be amended to replace its current  
          contents with an addition to the existing list of exemptions  
          relating to participation in career pathways programs.  This new  
          exemption would allow, if a student's principal certifies that  
          it is necessary for participation in a career pathway program,  
          as specified, a lowering of the age limit (down to 14 years) for  
          WEE programs, and/or the time limits on job shadowing (up to 40  
          hours).


          Related legislation. AB 2237 (Olsen) of this Session establishes  
          the Science, Technology, Engineering, and Mathematics  








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          Partnership Academies program, for the purposes of providing  
          grants to school districts to establish up to 100 partnership  
          academies dedicated to training students in STEM occupations.  
          This bill is currently pending in the Assembly Education  
          Committee. 


          SB 1123 (Leyva) of this Session extends the existing authority  
          for pupils to use CTE as an option to  fulfill the high school  
          graduation requirement to complete a course in visual or  
          performing arts or foreign language until January 1, 2023. This  
          bill is currently pending in the Senate Education Committee.


          Prior legislation. AB 86 (Committee on Budget), Chapter 48,  
          Statutes 2014, created the California Career Pathways Trust, and  
          appropriated $250 million in competitive grants to districts to  
          build and improve career pathways programs.


          AB 104 (Committee on Budget), Chapter 13, Statutes 2014,  
          established the California Career Technical Education Incentive  
          Grant Program, a competitive grant program administered by the  
          CDE to provide support for career technical education in grades  
          K-12, and provided $400 million in 2015-16, $300 million in  
          2016-17, and $200 million in 2017-18 for this program.


          AB 1330 (Furutani), Chapter 621, Statutes of 2011, added 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.  


          SB 381 (Wright) of the 2009-10 Session would have required  
          districts adopting a college preparation curriculum for high  
          school graduation to require students to also compete CTE  
          courses in order to earn the high school diploma. This bill was  








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          held in the Assembly Appropriations Committee.


          SB 515 (Hancock) of the 2009-10 Session would have required that  
          at least half of sequenced CTE courses met are linked to  
          regional or state high priority workforce needs.  This measure  
          was vetoed by Governor Schwarzenegger. 


          SB 725 (Hancock) of the 2009-10 Session would have authorized  
          ROC/Ps to offer apprenticeship preparation programs. This bill  
          was held in the Senate Appropriations Committee.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None received




          Opposition


          None received




          Analysis Prepared by:Christine Aurre and Tanya Lieberman / ED. /  
          (916) 319-2087










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