BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 66| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 66 Author: Leyva (D) and McGuire (D) Amended: 8/18/16 Vote: 21 SENATE EDUCATION COMMITTEE: 6-0, 1/13/16 AYES: Liu, Block, Hancock, Mendoza, Monning, Vidak NO VOTE RECORDED: Runner, Leyva, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/19/16 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 38-0, 1/25/16 AYES: Allen, Anderson, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Bates, Stone ASSEMBLY FLOOR: 78-1, 8/30/16 - See last page for vote SUBJECT: Career technical education SOURCE: Author DIGEST: This bill aligns performance accountability outcome measures for the Economic and Workforce Development Program with the outcome measures for the federal Workforce Innovation and Opportunity Act, and authorizes the Department of Consumer Affairs (DCA) to make specified licensure information available to the California Community Colleges (CCC) Chancellor's Office SB 66 Page 2 for purposes of evaluating outcomes for students who participate in CCC career technical education (CTE) programs. Assembly Amendments specify the type of information for which DCA is authorized to provide the CCC Chancellor's office with respect to licensees, including certain personal identification numbers and make other technical changes. ANALYSIS: Existing federal law, the Workforce Innovation and Opportunity Act (WIOA) reauthorizes 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 Code, Chapter 32, § 3101, et seq.) Existing state law: 1)Establishes the California Community Colleges Economic and Workforce Development (EWD) Program to be implemented and administered by the Chancellor's Office of the CCC in those fiscal years for which funds are appropriated for this purpose. 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. (Education Code § 88600, § 88650) This bill aligns performance accountability outcome measures for the EWD program with the outcome measures for the federal WIOA, SB 66 Page 3 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. Specifically, this bill: 1) Prohibits anyone who has or had access to information required to be furnished to the chancellor for purposes of measuring employment outcomes of students who participate in CTE programs from disclosing the information, except when required to furnish the information as provided. 2) Declares that it is the intent of the Legislature to utilize the federal employer identification number, individual taxpayer identification number, or social security number 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. 3) Requires the DCA, upon request by the CCC Chancellor's Office, to furnish to the Chancellor's office, the following information: a) Name. b) Federal employer identification number, individual taxpayer identification number, or social security number, as specified. c) Date of birth. d) Type of license. e) Effective date of license or renewal. SB 66 Page 4 f) Expiration date of license. 4) Requires DCA to make the available the specified information outlined in (1), 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 propose. 5) Authorizes DCA to make available information outlined in (3) only to the extent that making the information available complies with state and federal privacy laws. 6) Authorizes DCA, by agreement, condition or limit the availability of licensure information outlined in (3) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains. 7) Requires that the licensure information in (3) : a) Be limited to only the information necessary to measure employment outcomes of students who participate in CTE programs and recommend how these programs may be improved. b) Not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains. c) Not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains, except as provided. SB 66 Page 5 d) Be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure. e) Be immediately and securely destroyed when no longer needed for the purpose authorized. 8) Authorizes the DCA or the CCC Chancellor's office to share licensure information with a third party who contracts to perform the measurement of employment outcomes, if the third party is required by contract to follow the requirements for use and release of a licensee's federal employment identification number, taxpayer identification number or social security number. 9) Requires, to the extent possible, the alignment of performance accountability outcome measures for the economic and workplace development program with the performance accountability measures of the federal WIOA. It also: a) Deletes existing statutorily prescribed performance measures. b) Reduces data collection requirements. 10) Makes findings and declarations relative to CTE in California. 11) Makes other technical and non-substantive changes. Comments SB 66 Page 6 1)Source of the bill. 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 meet California's anticipated shortage of one million industry-valued, middle skill credentials. According to the report of the Task Force, California's education pipeline is not keeping pace with the higher levels of skills and education required by employers and must significantly increase the number of individuals with industry-valued degrees, certificates and credentials. 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. The work of the task force involved regional college conversations, town hall meetings, and task force meetings. After almost a year of public meetings and stakeholder input, the Task Force issued 25 recommendations which 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. This bill implements statutory changes recommended by the Task Force in two areas in an effort to improve and streamline CTE programs. These include recommendations to: a) Develop, streamline, and align common outcome metrics for all state funded CTE programs and to ensure compatibility with federal reporting requirements. b) Authorize the sharing of third-party licenses/certification data across government entities. 2)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 SB 66 Page 7 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. 3)Streamlining/alignment of 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 under the Act. This bill replaces existing accountability language under the Economic and Workforce Development Program with performance accountability outcome measures consistent with that required under WIOA. Staff notes that the Legislature has also recently provided funding for the development of metrics to evaluate outcomes for Adult Education programs and that these metrics are also expected to align with the federal WIOA where applicable. Enactment of these provisions reduces the burden of data collection and reporting, establishes common reporting across districts and inter-segmentally, and eases the overall administrative burden associated with workforce development programs. 4)Data sharing and privacy protections. This bill requires the DCA to share licensing data with the CCC. 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 SB 66 Page 8 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, POST (Peace Officers Standards and Training) certification, and CompTIA (Computer Technology Industry Association) certification with 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 report 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 4-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 provide the statutory clarity necessary to facilitate the sharing of licensure data for the purpose of evaluating programmatic outcomes. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee this bill imposes the following costs: 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. SB 66 Page 9 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. SUPPORT: (Verified8/30/2016) None received OPPOSITION: (Verified8/30/2016) None received ASSEMBLY FLOOR: 78-1, 8/30/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Linder NO VOTE RECORDED: Cooper Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105 8/30/16 20:22:29 **** END **** SB 66 Page 10