BILL ANALYSIS Ó
SB 66
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Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 66(Leyva) - As Amended June 23, 2016
SENATE VOTE: 38-0
NOTE: This bill was double-referred to the Assembly Committee
on Higher Education and passed on a 13-0 vote.
SUBJECT: Career technical education
SUMMARY: Aligns performance accountability outcome measures for
the Economic and Workforce Development (EWD) program with the
outcome measures for the federal Workforce Innovation and
Opportunity Act; authorizes the Department of Consumer Affairs
(DCA) to make specified licensure information available to the
California Community Colleges (CCC) Chancellor's Office for
purposes of evaluating outcomes for students who participate in
CCC career technical education (CTE) programs.
EXISTING STATE LAW:
1)Establishes the EWD program to be implemented and administered
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by the Chancellor's Office of the CCC in those fiscal years
for which funds are appropriated for this purpose; be
outcome-oriented and accountable by measuring results for
program participants, including students, employers, and
workers; provide technical assistance and infrastructure
support that engenders alignment between the CTE programs of
the community college system and the needs of California's
competitive and emerging industry sectors and industry
clusters. (Education Code (EDC) Sections 88600, et seq.)
2)Requires the Chancellor to implement performance
accountability outcome measures to annually provide the
Governor, Legislature, and public with information that
quantifies employer and student outcomes for program
participants. (EDC Section 88650)
3)Sunsets this program on January 1, 2018 unless legislation is
enacted before that date deletes or extends that date. (EDC
Section 88651)
4)Provides that a CTE staff within the State Department of
Education is responsible for the design, implementation, and
maintenance of a basic integrated statewide information system
for CTE and technical training; requires the Board of
Governors of the CCC to collect and maintain information
related to CTE and technical training within the CCC for
inclusion within the integrated statewide information system.
(EDC Section 8006)
5)Establishes the Bureau of Private Postsecondary Education
(BPPE) within the DCA to oversee and regulate private
postsecondary educational institutions; provides that the BPPE
operate until January 1, 2017. (Education Code (EDC) Section
94800, et seq.)
6)Requires the BPPE to adopt by regulation minimum operating
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standards for an institution to ensure that the program can
achieve its objective; the facilities and instructional
equipment and material are sufficient to enable the program;
the administrators and faculty are qualified; the institution
maintain written and relevant standards for student
admissions, as well as maintains a withdrawal policy and
provides refunds; gives students a document signifying the
degree or diploma awarded; maintains records and standard
transcripts; and, is accredited by an accrediting agency or is
in the process of accreditation. (EDC Section 94885)
7)Requires an institution to provide a prospective student,
prior to enrollment, with a School Performance Fact Sheet
containing, at a minimum, information as it relates to the
educational program, including but not limited to, completion
rates, placement rates, starting salaries, license exam
passage rates, and that the fact sheet is filed with the BPPE.
(BPC Section 94910(g)(1))
8)Establishes the DCA to regulate private businesses and
professions engaged in activities which have potential impact
upon public health, safety, and welfare in order to protect
the people of California; the DCA oversees more than 40
boards, bureaus commissions and programs. (Business and
Professions Code Section 100, et seq.)
EXISTING FEDERAL LAW:
1)Establishes the Workforce Innovation and Opportunity Act
(WIOA) to reauthorize the nation's employment, training, adult
education, and vocational rehabilitation programs created
under the Workforce Investment Act of 1998. WIOA, among other
things, requires states to strategically align workforce
development programs, promote accountability and transparency
and foster regional collaboration. (Title 29 United States
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Code, Chapter 32, Section 3101, et seq.)
THIS BILL:
1)Requires the DCA to make available any licensure information
it has in electronic format for its boards, bureaus,
commissions, or programs to the CCC Chancellor's Office to
enable the CCC to:
a) Measure employment outcomes of students who participate
in CCC CTE programs.
b) Recommend improvements in CCC CTE programs.
2)Authorizes DCA to make available the confidential information
outlined in (1) only to the extent that such disclosure is in
compliance with state and federal privacy laws.
3)Authorizes the DCA by agreement, condition or limit the
availability of licensure information in order to ensure the
security of the information and to protect the privacy rights
of the individuals to whom the information pertains.
4)Specifies information sharing parameters for the DCA.
5)Authorizes the DCA or the Office of the Chancellor of the CCC
to share licensure information with a third party who
contracts to perform the function authorized in (1) above if
the third party is required by contract to follow the
requirements, as specified.
6)Requires, to the extent possible, the alignment of performance
accountability outcome measures for the economic and workplace
development program with the performance accountability
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measures of the federal Workforce Innovation and Opportunity
Act;
7)Deletes existing statutorily prescribed performance measures;
and, reduces data collection requirements.
8)Makes findings and declarations relative to career technical
education in California.
FISCAL EFFECT: According to the Senate Committee on
Appropriations (Committee), this bill will result in:
1)Data sharing: The DCA indicates that workload to provide the
CCC Chancellor's Office licensure information is minor and
absorbable. However, the department will incur one-time
administrative costs of about $100,000 to make the data system
changes necessary to maintain confidentiality of the
information (Special fund).
2)Outcome measures alignment: The CCC Chancellor's Office
indicates that costs to align the outcome measures are minor
and absorbable.
COMMENTS:
Purpose. This bill aligns performance accountability outcome
measures for the EWD program with the outcome measures for the
federal Workforce Innovation and Opportunity Act and authorizes
the DCA to make specified licensure information available to the
CCC Chancellor's Office for purposes of evaluating outcomes for
students who participate in CCC CTE programs.
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This bill is sponsored by the Chancellor's Office of the Board
of Governors of the California Community Colleges. According to
the author, "[This bill] will improve the [CCC's CTE] programs
by increasing cross-agency data collection and streamlining
reporting requirements. These changes originate from
recommendations made by the [CCC] Chancellor's Taskforce on
Workforce, Job Creation, and the Economy. The data collected as
a result of this bill will help ensure that the Community
College system is giving students the skills that they need to
be effectively prepared for successful careers."
Background. In December 2014, the Board of Governors of the CCC
commissioned the Task Force on Workforce, Job Creation and a
Strong Economy to consider strategies and recommend policies and
practices to increase individual and regional economic
competitiveness by providing California's workforce with
relevant skills and quality credentials that match employer
needs and fuel a strong economy. These recommendations were to
prepare students for high-value jobs that currently exist in
California, position California's regions to attract high-value
jobs from other states and around the globe, create more jobs
through workforce training that enables small business
development, and finance these initiatives by aligning state and
federal resources.
The Task Force was comprised of representatives from community
college faculty, staff, administration, trustees and students,
the employer community, labor, public agencies involved in
workforce training and economic development, K-12 education
policy and community based organizations. After almost a year
of public meetings and stakeholder input, the Task Force issued
25 recommendations that were presented to the Board of Governors
in September 2015 and adopted in November 2015. Implementation
of these recommendations requires statutory, regulatory and
administrative changes.
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According to the Task Force's 2015 report, the CCC serves "more
than 2.1 million students, the 113 community colleges provide
workforce training, basic skills education, and transfer
preparation. Students can enroll in associate degree and
certificate programs in 350 fields of study. The colleges also
offer apprenticeship programs, short-term training aligned to
third-party credentials, and incumbent worker training to
upgrade skill sets in various industry sectors."
Middle Skills Jobs. Middle skills jobs are defined as those
that require more education and training than a high school
diploma but less than a four-year college degree. According to
the National Skills Coalition (NSC), a national advocacy
organization governed and advised by a coalition drawn from
business, labor, community colleges, community-based
organizations, and the public workforce system, while middle
skills jobs make up the largest part of California's labor
market, key industries are unable to find enough sufficiently
trained workers to fill these jobs. NSC reports that in 2012, 50
percent of all jobs in California were middle skills but only 40
percent of the workforce was trained to the level necessary to
fill those positions.
Streamlining/Aligning Outcome Metrics. Currently, workforce
development program funds for community college CTE offerings
come from the federal Carl Perkins Career and Technical
Education Act, the Economic and Workforce Development Program,
and the Career Technical Education Pathways Program. The
Chancellor's Office reports that state and national policy
shifts have made these programs more similar in scope. However,
each of these funding streams requires distinct metrics to be
reported, creating duplicative administrative burdens for both
the Chancellor's Office staff and local data collectors. With
the enactment of the federal WIOA another source of funding for
workforce development programs, a single set of common measures
has been adopted for programs serving both adults and youths
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under the Act.
The Legislature recently provided funding for the development of
metrics to evaluate outcomes for Adult Education programs; these
metrics are also expected to align with the federal WIOA where
applicable.
Data Sharing and Privacy Protections. Information on licensure
has not historically been a data element collected by the
community colleges. The ability to reliably collect this data is
impacted by the fact that these are industry licenses generally
awarded by certifying bodies, and not the schools that provided
the training. The CCC report that they have already gathered
similar data on apprenticeship, Peace Officers Standards and
Training certification, and Computer Technology Industry
Association certification. It is the intent that this
information be used for the Student Success Scorecard as one
measure of a successful completion in CTE pathways and programs.
The CCC reports that they have already entered into several
memorandums of understanding (MOUs) with various state agencies
to facilitate data sharing. These include the Employment
Development, the Department of Social Services, the Office of
Statewide Health Planning and Development, the California
Student Aid Commission and California's public four-year
universities. While these agencies interpret federal and state
law to allow such sharing of information, according to the CCC,
the DCA believes that state and federal privacy laws restrict
their ability to share licensing information. The provisions of
this bill would provide the statutory clarity necessary to
facilitate the sharing of licensure data for the purpose of
evaluating programmatic outcomes.
Current Related Legislation. AB 1608 (Assembly Committee on
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Budget) of the current Legislative Session, establishes, among
other things, the Strong Workforce Program, to provide funding
to career technical education regional consortia made up of
community college districts. The program would require consortia
to collaborate with local educational agencies and other
interested bodies that meet certain requirements for purposes of
expanding the availability of quality community college career
technical education and workforce development courses, programs,
pathways, credentials, certificates, and degrees for community
college students. According to the Governor, the Task Force on
Workforce, Job Creation, and a Strong Economy identified an
opportunity to align the myriad of career technical education
programs at the community colleges and local education agencies
with the state's regional workforce needs and four-year
undergraduate programs.
ARGUMENTS IN SUPPORT:
California Community Colleges Chancellor's Office writes in
support, "The state policy changes included in [this bill] would
help to ensure that community college CTE programs are achieving
their intended outcomes and aligned to California's workforce
needs. These changes would also eliminate duplicative and
inconsistent reporting requirements so our colleges can achieve
greater efficiencies without compromising transparency or
continuous program improvement."
California Chamber of Commerce writes in support, "[This bill]
eases administrative burdens for the community colleges by
streamlining their reporting and accountability metrics related
to workforce and economic development, and will allow them to
better track the success of students once they leave school and
enter the workforce, to better inform the colleges' future
workforce development policies."
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California Community College Association for Occupational
Education (CCCAOE) writes in support, "By aligning state
accountability reporting requirements with the federal [WIOA]
and requiring the California [DCA] to make licensure information
available to the Chancellor's Office, this bill will provided
needed information to our programs, improving their efficiency
and outcomes."
California School Boards Association (CBSA) writes in support,
"The provisions of this bill provide the statutory clarity
necessary to facilitate the sharing of licensure data for the
purpose of evaluating programmatic outcomes. In addition, the
bill incorporates the broader conditions applicable to most of
the MOU agreements governing the use, exchange, maintenance, and
destruction of confidential data."
California School Employees Association (CSEA) writes in
support, "[This bill] seeks to rectify a number of issues that
hinder CTE program efficiency, accountability, and access?.
[This bill] implements recommendations from the Task Force and
better prepares Community College students for the future
economy."
Community College League of California writes in support, "By
increasing aid to financially needy students and streamlining
data recoding or reporting, [this bill] will help CTE students
achieve their educational goals and improve California's
economy."
Inland Empire Economic Partnership (IEEP) , Los Angeles Area
Chamber of Commerce, Long Beach Community College District, and
Southern California College Access Network similarly write in
support, write in support, "[This bill] will improve the [CCC's]
[CTE] programs by increasing cross-agency data collection and
streamlining reporting requirements, as recommended by the
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Community Colleges Board of Governors Task Force on Workforce,
Job Creation, and a Strong Economy."
Los Rios, San Bernardino, and San Diego Community College
Districts write in support, "This bill will allow for the
sharing of licensure and certification data in order to measure
the effectiveness of [CCC CTE] programs so they are compatible
with federal reporting requirements."
Regional Economic Association Leaders (R.E.A.L.) Coalition
writes in support, "[This bill] will require the California
[DCA] to make licensure information available to the
Chancellor's Office of the [CCC] for the purposes of matching
students and evaluating the outcomes of CTE programs.
Additionally, the bill will amend the Education Code to better
align state accountability reporting requirements with the
federal WIOA to remove reporting inefficiencies for programs
receiving multiple sources of funding."
Silicon Valley leadership Group writes in support, "[This bill]
would allow the [DCA] to share licensing information with the
[CCC's] Chancellor's Office for the specific purpose of
evaluating programmatic outcomes for its [CTE] program
graduates. Additionally, this bill would ease administrative
burdens by streamlining reporting requirements"
Teamsters writes in support, "Until the passage of the current
law, we had seen a long term decline in commitment to and
funding of career technical education. Not every high school
student is bound for college and it is important that we invest
in everyone to help insure that they learn the skills necessary
to get a good job."
REGISTERED SUPPORT:
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California Community Colleges Chancellor's Office (sponsor)
Los Angeles Area Chamber of Commerce (sponsor)
California Chamber of Commerce
California Community College Association for Occupational
Education (CCCAOE)
California School Boards Association (CBSA)
California School Employees Association (CSEA)
Community College League of California
Inland Empire Economic Partnership (IEEP)
Long Beach Community College District
Los Rios, San Bernardino, and San Diego Community College
Districts
Regional Economic Association Leaders (R.E.A.L.) Coalition
Silicon Valley leadership Group
Southern California College Access Network
Teamsters
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Gabby Nepomuceno / B. & P. / (916)
319-3301
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