BILL ANALYSIS Ó SB 66 Page 1 SENATE THIRD READING SB 66 (Leyva and McGuire) As Amended August 2, 2016 Majority vote SENATE VOTE: 38-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Higher |13-0 |Medina, Baker, Bloom, | | |Education | |Chávez, Irwin, | | | | |Jones-Sawyer, Levine, | | | | |Linder, Low, Olsen, | | | | |Santiago, Weber, | | | | |Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Business & |16-0 |Salas, Brough, Baker, | | |Professions | |Bloom, Campos, | | | | |Chávez, Dahle, Dodd, | | | | |Eggman, Gatto, Gomez, | | | | |Holden, Jones, | | | | |Mullin, Ting, Wood | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |19-0 |Gonzalez, Bigelow, | | SB 66 Page 2 | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood, Chu | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Specifies that the performance accountability outcome measures implemented by the Chancellor of the California Community Colleges (CCC) for the Economic and Workforce Development (EWD) program should align with the outcome measures for the federal Workforce Innovation and Opportunity Act (WIOA) and authorizes the Department of Consumer Affairs (DCA) to make specified licensure information available to the chancellor for purposes of evaluating outcomes for students who participate in CCC career technical education (CTE) programs. Specifically, this bill: 1)Makes findings and declarations relative to CTE in California. 2)Specifies that, to the extent possible, the performance accountability outcome measures implemented by the chancellor for the EWD should align with the performance accountability measures of the federal WIOA. 3)Deletes existing statutorily prescribed performance measures and reduces data collection requirements. 4)Prohibits anyone who has or had access to the information required to be furnished to the chancellor for purposes of SB 66 Page 3 measuring employment outcomes of students who participate in CTE programs from disclosing the information, except when required to furnish the information as provided. 5)Declares that it is the intent of the Legislature to utilize the federal employer identification number (EIN), individual taxpayer identification number, or social security number (SSN) for the purposes of measuring employment outcomes of students who participate in CTE programs offered by the CCC, among other purposes, and to use that information exclusively for those purposes. 6)Requires the DCA, upon request by the CCC Chancellor's Office, to furnish to the CCC Chancellor's Office the following information: a) Name; b) Federal EIN, individual taxpayer identification number, or SSN, as specified; c) Date of birth; d) Gender; e) Type of license; f) Effective date of license or renewal; and, g) Expiration date of license. SB 66 Page 4 7)Requires the DCA to make available the information specified in 6) above, to measure employment outcomes of students who participate in CTE programs and recommend how these programs may be improved and prohibits licensure information provided to be used for any other purpose. 8)Provides that the DCA may make information available only to the extent that making the information available complies with state and federal privacy laws. 9)Requires that the licensure information in 6) above: a) Is limited to the information necessary to measure employment outcomes of students who participate in CTE programs and recommend how these programs may be improved; b) Is not used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains, except as specified; c) Is not shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains; d) Is, by reasonable security procedures and practices, protected from unauthorized access, destruction, use, modification, or disclosure; and, e) Is immediately and securely destroyed when no longer needed for measuring employment outcomes of students who participate in CTE programs. 10)Provides that the DCA or the CCC Chancellor's Office may share licensure information with a third party who contracts to perform the measurement of employment outcomes, if the SB 66 Page 5 third party is required by contract to follow the requirements for use and release of a licensee's federal EIN, taxpayer identification number, or SSN. 11)Deletes the requirement that the annual report the chancellor of the CCC submits to the Governor and Legislature includes information pertaining to the type of services provided to colleges and employers, and the number of businesses, students, and employees served, including information to identify the benchmarks and indicators used to demonstrate the results achieved. 12)Makes other technical and nonsubstantive changes. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in: 1)The [CCC Chancellor's Office] foresees significant ongoing savings from obtaining the licensure information directly from DCA rather than through an expansion of existing surveys of students to track program outcomes. Costs to evaluate the licensing data in relation to CTE programs and to align the outcome measures will be minor and absorbable. 2)Costs will be minor and absorbable for the DCA to establish an interface with the CCC in order to electronically provide the licensure information. COMMENTS: Purpose. 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 SB 66 Page 6 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. 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, SB 66 Page 7 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 under the WIOA. 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 SB 66 Page 8 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. Analysis Prepared by: Gabby Nepomuceno / B. & P. / (916) 319-3301 FN: 0004048