BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 66|
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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
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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,
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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.
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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.
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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
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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
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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
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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.
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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
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