BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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,    |                    |








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          |                |     |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  








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            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.










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          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  








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            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  








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          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,  








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          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  








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          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