BILL ANALYSIS Ó
AB 2719
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GOVERNOR'S VETO
AB
2719 (Eduardo Garcia)
As Enrolled September 7, 2016
2/3 vote
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|ASSEMBLY: |76-0 |(May 19, 2016) |SENATE: |39-0 |(August 23, |
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|ASSEMBLY: |80-0 |(August 29, | | | |
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Original Committee Reference: J., E.D., & E.
SUMMARY: Highlights the need for planning, monitoring, and
serving the needs of out-of-school youth and individuals with
employment barriers within the framework of the state's
implementation of programs and use of funding received through
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the federal Workforce Investment and Opportunity Act (WIOA).
Specifically, this bill:
1)Requires individuals with barriers to employment are one of
the groups to be considered by the California Workforce
Development Board (CWDB) when developing strategies for
outreach to and improved access for workforce training
services.
2)Specifies out-of-school youth may be targeted through the use
of sector strategies.
3)Identifies out-of-school youth as one of the groups to be
considered by the CWDB when developing strategies to support
the use of career pathways.
4)Adds entrepreneurs to the list of customers that the one-stop
employment centers should consider when designing training and
supportive services.
5)Requires a local workforce development board to include
Western Association of Schools and Colleges (WASC) accredited
public high schools when making recommendations to clients
about the appropriate education provider to assist them in
earning a high school diploma.
6)Requires the CWDB to request an opportunity to present
relevant portions of an existing credential attainment report
to the State Board of Education and the California Community
College Board, as specified.
7)Defines out-of-school youth, consistent with federal law.
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8)Defines a "school operating in partnership with U.S. (United
States) Department of Labor programs" to mean a school that
serves out-of-school youth through a partnership that
includes, but is not limited to, any of the following:
a) The California Workforce Development Board or local
workforce development board;
b) Federally affiliated Youth Build programs;
c) Federal job corps training or instruction provided
pursuant to a memorandum of understanding with the federal
provider; and
d) The California Conservation Corp or local conservation
corps certified by the California Conservation Corp, as
specified.
9)Includes a general cost disclaimer.
EXISTING LAW:
1)Designates the CWDB as the state entity responsible for
assisting the state in meeting the requirements of the federal
Workforce Innovation and Opportunity Act, as well as assisting
the Governor in the development, oversight, and continuous
improvement of California's workforce investment system.
2)Requires the CWD to assist the Governor in the development of
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strategies to support the use of career pathways for the
purpose of providing individuals, including low-skilled
adults, youth, and individuals with barriers to employment,
with workforce investment activities, education, and
supportive services to enter or retain employment. To the
extent permissible under state and federal laws, these
policies and strategies are required to support linkages
between kindergarten and grades 1 to 12, inclusive, and
community college educational systems in order to help secure
educational and career advancement.
EXISTING FEDERAL LAW:
1)Authorizes the Workforce Innovation and Opportunity Act of
2014 for the purpose of, among other things:
a) Increasing access to the employment, education,
training, and support services that individuals need to
succeed in the labor market, especially individuals who
face barriers to employment;
b) Supporting the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce
development system in the U.S.;
c) Improving the quality and labor market relevance of
workforce investment, education, and economic development
efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment
with family-sustaining wages and to provide America's
employers with the skilled workers the employers need to
succeed in a global economy; and
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d) To provide workforce investment activities, through
statewide and local workforce development systems, that
increase the employment, retention, and earnings of
participants, and increase attainment of recognized
postsecondary credentials by participants, and as a result,
improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the
skill requirements of employers, and enhance the
productivity and competitiveness of the Nation.
2)Defines "out-of-school youth" as an individual between the
ages of 16 and 24; who is not attending any school at the time
eligibility is determined, and meets one or more conditions of
being:
a) A school dropout;
b) 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;
c) 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;
d) An individual who is subject to the juvenile or adult
justice system;
e) A homeless individual, as defined, a homeless child or
youth, as defined; a runaway, in foster care or has aged
out of the foster care system; a child eligible for
assistance under Title 42 Section 677, or in an out-of-home
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placement;
f) An individual who is pregnant or parenting;
g) A youth who is an individual with a disability;
h) A low-income individual who requires additional
assistance to enter or complete an educational program or
to secure or hold employment;
For the purpose of this definition, the term "low-income"
individual, also includes a youth living in a high-poverty
area.
3)Requires that not less than 75% of funds allocated to a state
for youth programs be made available for programs and services
that serve out-of-school youth.
FISCAL EFFECT: This bill moved from the Senate Appropriations
Committee to the Senate Floor pursuant to Senate Rule 28.8
COMMENTS: Every 26 seconds another young person fails to finish
high school. California accounts for more than one million of
these students each year. Since 2002, California has had an
Education Code provision that allows schools partnering with
Department of Labor programs to work with youth over 19 to
obtain a public school diploma. Improving the alignment of
California's workforce development system with schools serving
out-of-school youth is an important step to stemming the flood
of dropouts and strengthening the California workforce system.
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While services to out-of-school youth are treated as a priority
under the federal Workforce Innovation and Opportunity Act,
current state law is silent. Current state law also does not
provide statutory direction as to the accreditation of the
schools who can offer out-of-school youth high school diplomas.
While current law requires all public and private schools in
California that issue high school diplomas to be certified by
the Western Association of Schools and Colleges, there is no
such requirement for programs who serve out of school youth.
The author and supporters believe that without statutory
direction, out-of-school youth could be provided an inferior
educational opportunity than that provided to all other youth.
To the extent that this inferior certificate is paid for with
public money, it institutionalized a double standard for those
who are most vulnerable.
This bill highlights the importance of serving out-of-school
youth within the broader workforce development system. The
policy committee analysis includes further background on the
federal Workforce Innovation and Opportunity, out-of-school
youth and California's evolving economy, including income
inequality.
Out of School Youth: The federal Workforce Innovation and
Opportunity Act was signed into law in July 2014 and represents
the single most significant change in federal workforce policy
in over 15 years. While still retaining some of the core
elements of the former workforce act, the Workforce Innovation
and Opportunity Act presents a broader vision for youth and
youth training and education programs. According to the federal
Employment and Training Administration, the new federal act is
intended to support an integrated service delivery system and to
provide a framework for leveraging other federal, state, local,
and nonprofit resources and partnerships to support in-school
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and out-of-school youth. Among other things, the Workforce
Innovation and Opportunity Act implements the following:
1)At least 75% of state and local youth funding is required to
be used for out-of-school youth;
2)While youth councils are no longer required, local workforce
development boards are encouraged to designate a standing
Youth Committee to contribute the critical youth voice and
perspectives to board activities and actions.
3)Out-of-school youth are defined as 16 to 24, not attending any
school, and meet one of a series economic, social, or
education challenges.
4)In-school-youth are defined as 14 to 21, attending school, be
of low-income and meet one of a slightly different set of
economic, social, or education challenges.
5)There are five new youth program elements, including financial
literacy; entrepreneurship, services that provide local labor
market information; activities that help youth transition to
postsecondary education and training; and education offered
concurrently with other workforce preparation activities.
6)At least 20% of local youth formula funds are required to be
used for work experiences, including summer and year round
employment pre-apprenticeship, on-the-job training, or
internships.
Given the significance of these changes and the broad range of
options for implementation, statutory inclusion and public
policy debate are appropriate. Currently, these new federal
rules are applicable, but not transparent.
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Income Disparities: California's overall economic growth and
increase in jobs has outpaced the U.S. in general, often ranking
the state within the top five in terms of its economic
condition. This success, however, has not been consistent
throughout the state with many regions and certain population
groups still experiencing recession-related poor economic
conditions.
According to the U.S. Census Bureau, California's poverty rate
is 16.4% as compared to a national rate of 15.6%. It is
estimated that nearly a quarter of the California's children
(22.7%) are living in households with annual incomes below the
federal poverty line.
While the state's unemployment rate for February 2016 (not
seasonally adjusted) was 5.7%, several population groups had
significantly higher rates, including Blacks (10.8%), Hispanics
(7.4%); and 16 to 19 year olds (20.5%).
Achieving job growth within globally competitive industries and
addressing the state's growing income disparities may require
different community and economic development approaches, as well
as more coordinated efforts by industry, labor, nonprofits, and
government on a range of issues, including education, workforce
training, infrastructure repair and expansion, entrepreneurship,
and finance, among others. Implementation of WIOA offers a
unique and important opportunity to address the challenges of
California's most vulnerable populations.
GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 2719 without my signature.
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The bill makes several changes to the California Workforce
Innovation and Opportunity Act related to services for
out-of-school youth and requires local workforce boards to
consider programs accredited by the Western Association of
Schools and Colleges (WASC) when provisioning services for these
youth.
I agree that out-of-school youth need our attention. Federal
law already requires these youth to be a priority, and our state
plan recognizes the need to focus on this very vulnerable group
of young people.
Rather than amending state law to give WASC-accredited programs
an implied preference, the current, more inclusive approach is a
better way to go.
Analysis Prepared by:
Toni Symonds / J., E.D., & E. / (916) 319-2090
FN:
0005099