BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 2719 Hearing Date: June 22,
2016
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|Author: |Eduardo Garcia |
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|Version: |June 13, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Brandon Seto |
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Subject: Workforce development: out-of-school youth
KEY ISSUE
Should the Legislature make out-of-school youth a state
workforce development priority and therefore make services
available for this group through funds available under the
federal Workforce Innovation and Opportunity Act?
ANALYSIS
Existing law
Establishes the California Workforce Development Board
(CWDB), whose members are appointed by the Governor and are
representative of the areas of business, labor, public
education, higher education, economic development, youth
activities, employment and training, as well as the
Legislature (Unemployment Insurance Code §14011 and
§14012).
The CWDB assists the Governor in the development,
oversight, and continuous improvement of California's
workforce investment system, including its alignment to the
needs of the economy and the workforce (Unemployment
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Insurance Code §14010).
Requires the CWDB to assist the Governor in supporting
the use of career pathways to provide individuals,
including those with barriers to employment, with workforce
investment activities, education, and supportive services
in order to enter or retain employment (Unemployment
Insurance Code §14013).
Defines an "individual with employment barriers" as one
with any characteristic that substantially limits their
ability to obtain employment, including indicators of poor
work history, lack of work experience, or access to
employment in non-traditional occupations, long-term
unemployment, lack of educational or occupational skills
attainment, dislocation from high-wage and high-benefit
employment, low levels of literacy or English proficiency,
disability status, or welfare dependency (Unemployment
Insurance Code §14005).
Existing federal law
Establishes the Workforce Innovation and Opportunity Act
(WIOA) of 2014 in order to help job seekers access
employment, education, training, and support services to
succeed in the labor market and to match employers with
skilled workers. WIOA coordinates employment and training
services for adults, dislocated workers, and youth through
grants to states that are implemented at the state and
local level.
Requires that WIOA, among other things:
1) Increase employment, education, training, and
support services for individuals who face barriers to
employment (also known as individuals with employment
barriers, as defined above).
2) Provide workforce investment activities,
through statewide and local workforce development
systems, that increase the employment, retention, and
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earnings of participants, and increase the attainment
of recognized postsecondary credentials by
participants, and as a result, improve the quality of
the workforce, reduce welfare dependency, increase
economic self-sufficiency.
Defines "out-of-school youth" as an individual who is
not attending any school (as defined under State law), is
16 to 24 years of age; and is one or more of the following:
1) A school dropout.
2) A youth who is within the age of compulsory
school attendance, but has not attended school for at
least the most recent complete school year calendar
quarter.
3) A recipient of a secondary school diploma or
its recognized equivalent who is a low-income
individual and is basic skills deficient or an English
language learner.
4) An individual who is subject to the juvenile
or adult justice system.
5) A homeless individual, a homeless child or
youth, a runaway, in foster care or has/aged out of
the foster care system, a child eligible for
assistance under §677 of Title 42 of the United States
Code, or in an out-of-home placement.
6) An individual who is pregnant or parenting.
7) A youth who is an individual with a
disability.
8) A low-income individual who requires
additional assistance to enter or complete an
educational program or to secure or hold employment.
[United States Code, Title 29, §3164 (a)(1)(B)]
Intends through WIOA, to prepare vulnerable youth and
other job seekers for successful employment through the use
of proven service models services.
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Requires local areas statewide to increase the
percentage of youth formula funds used to serve
out-of-school youth to 75 percent from 30 percent under
current law.
Requires federal funds dedicated to youth activities be
used for tutoring, study skills training, and instruction
leading to secondary school completion.
This Bill
This bill would include "out-of-school youth" as individuals
with barriers to employment (IBEs) and thus match federal WIOA
standards by making them a workforce development priority. In
order to address the IBEs requirement, local workforce
development boards would be required to lead efforts to develop
and implement career pathways emphasizing education for these
youth, with the assistance of certain secondary and
postsecondary education programs.
Specifically this bill, among other things:
Identifies and defines "out-of-school youth" as individuals
with barriers to employment.
Defines a "school operating in partnership with United States
Department of Labor programs" as a school that serves
out-of-school youth through a partnership that includes, but
is not limited to the CWDB or local workforce development
board.
Charges the CWDB with developing strategies for providing
effective outreach to individuals with barriers to employment
and improving access to the workforce development system.
Stipulates that the required CWDB status report on credential
attainment include among others, degree attainment, such as
high school diplomas. Also requires the CWDB to request an
opportunity to present relevant portions of the credential
attainment report to the State Board of Education and the
California Community College Board at least once every
calendar year.
Identifies serving out-of-school youth as one of the metrics
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that a workforce development board will be evaluated on when
determining whether they met or exceed their performance goal
when designating high-performing boards.
Requires that the local plan of the workforce development
board include out-of-school youth as a target group within the
analysis of programs available to provide education and
training in the region to address the education and skill
needs of the employers.
Establishes, to the extent permitted by federal law, the
eligibility of school districts, county offices of education,
and schools operating in partnership with DOL programs to
apply to local workforce development boards in order to
provide skills and training to help out-of-school youth earn a
secondary school diploma.
States that when considering appropriate education providers
for the out-of-school youth services mentioned above, the
local workforce development boards shall include for
consideration, among others, programs at schools accredited by
the Western Association of Schools and Colleges.
COMMENTS
1. Brief Background on WIOA and California's Workforce
Development System
The federal WIOA provides funds and sets priorities for
workforce development activities but leaves room for
implementation decisions to be made at the State and local
levels. California's federal workforce funds are overseen by
the CWDB. The CWDB provides guidance to local workforce boards
and is charged with developing a unified, strategic plan to
coordinate various education, training, and employment
programs with the goal of fostering an integrated workforce
development system that supports economic development. At the
local and regional level there are 49 local workforce
development boards that plan for and oversee the workforce
system in their areas. By federal requirement, business
community representatives make up the majority of local
workforce board membership. With respect to the provisions of
this bill, California law allows schools partnering with DOL
programs to help youth over 19 years of age earn a high school
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diploma which is considered to be beneficial to workforce
development.
2. Need for this bill?
According to the author, high school diploma attainment is a
primary indicator of employment potential and performance for
out-of-school youth and for dislocated workers. Following the
lead of the federal WIOA, this bill intends to strengthen the
state's implementation of its workforce program by aligning
California's workforce development system with schools serving
out-of-school youth. While services to out-of-school youth are
treated as a priority under the federal WIOA, they are not
mentioned specifically under current state law.
3. Committee Amendment
An amendment negotiated by the author and stakeholders will be
taken as a committee amendment should the bill be passed by
this committee. The amendment (below) clarifies in SEC. 6 of
the bill, which amends Section 14510 of the Unemployment
Insurance Code that Western Association of Schools and
Colleges-accredited programs are not the only appropriate
education providers for out-of-school youth.
(b) Among the appropriate education providers considered for
out-of-school youth services, the boards shall include for
consideration , but not be limited to, programs that
specialize in a secondary school diploma from a school
accredited by the Western Association of Schools and Colleges
from the relevant geographic area.
4. Proponent Arguments :
Proponents state that out-of-school youth face many
challenges, especially in access to employment. They argue
that employment rates and salaries are higher for young adults
who have completed high school as opposed to those who have
not. Those youth who have dropped out of high school are more
likely to live in poverty and face incarceration.
Proponents state that AB 2719 updates the state WIOA programs
to identify "out-of-school youth" specifically as a population
that faces barriers to employment. In doing so, AB 2719
elevates the needs of California's out-of-school youth to a
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level consistent with federal law. Youth who have not
completed a traditional high school route often enroll in WIOA
programs and receive job training and education. AB 2719
creates a pathway for increasing educational and vocational
credentials available to out-of-school youth. Proponents
believe that by adding this population to California's
workforce development priorities, the state will recognize
their unique needs, and will be better able to assist them in
community re-engagement and attaining self-sufficiency and
economic stability.
5. Opponent Arguments :
None received.
6. Prior Legislation :
AB 1270 (E. Garcia), Chapter 94, Statutes of 2015 - aligned
California statute with the new requirements of the federal
Workforce Innovation and Opportunity Act of 2014 while
preserving core elements of California's workforce development
policies.
SUPPORT
California Association of Local Conservation Corps
California Charter Schools Association Advocates
California School Boards Association
California Teachers Association
California Urban Partnership
John Muir Charter Schools
Los Angeles County Office of Education
Mexican American Legal Defense and Education Fund
National Association of Social Workers, California Chapter
Riverside County Superintendent of Schools
SIA Tech California
YouthBuild Charter School of California
OPPOSITION
None on file
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