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