BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: SB 148 ----------------------------------------------------------------- |Author: |McGuire and Leyva | |-----------+-----------------------------------------------------| |Version: |January 29, 2015 Hearing | | |Date: March 25, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Olgalilia Ramirez | | | | ----------------------------------------------------------------- Subject: Career technical education: Career and Job Skills Education Act SUMMARY This bill establishes the Career and Job Skills Education Act, a grant program administered by the Superintendent of Public Instruction (SPI), for the purpose of developing and enhancing career technical education (CTE) courses within K-12 school districts and appropriates $600 million for this purpose. BACKGROUND Existing law establishes the following CTE programs for public schools: 1. Regional Occupational Centers and Programs. Existing law establishes various CTE programs for public schools including Regional Occupational Centers and Programs (ROCPs) that allow students from multiple schools or districts to participate in career technical training programs regardless of the geographical location of their residence in a county or region. Existing law authorizes the following types of ROCPs operational models: (Education Code § 52300 et. seq.) A. County ROCP: Existing law authorizes county SPIs, with the consent of the State Board of Education (SBE) to establish and maintain a ROCP to provide education and training in career technical courses. SB 148 (McGuire) Page 2 of ? (Education Code § 52301(a)) B. Joint Powers Agency ROCP: Existing law authorizes two or more school districts to form a joint powers agency (JPA) for the purpose of establishing and maintaining a ROCP for students who are enrolled in those districts. (Education Code § 52301(a)(2)) C. Single District ROCP: Existing law authorizes certain very large districts, who do not wish to be part of a county ROCP, to apply to the SBE through their county SPI for permission to establish and maintain a ROCP for students enrolled in the district. The county SPI may supervise the establishment of the ROCP. (Education Code § 52301(b)) 2. Partnership Academies. The Partnership Academy model is a three-year program, for grades ten through twelve, structured as a school-within-a-school and incorporates (1) rigorous integrated academics with a career focus; (2) business partnerships that provide support through curriculum resources, classroom speakers, field trips, mentors, and internships; and (3) teachers who work as a team in preparing students for careers and postsecondary education. (Education Code § 54690 et. seq.) 3. Specialized Secondary Programs. A specialized secondary program is a four-year grant program that provides opportunities for students to obtain advanced instruction, in addition to core course work, and skills in technology appropriate to the curriculum. Comprehensive high schools may use the grant funds for programs that provide students with advanced learning opportunities in a variety of subjects, including but not limited to English-language arts, mathematics, science, history and social science, foreign language, and the visual performing arts. The acquisition of technology skills and the use of technology as a tool for instruction and learning are also emphasized in these programs. Frequently, specialized secondary programs are established as a smaller learning community or a school-within-a-school. (Education Code § 58800 et. seq.) SB 148 (McGuire) Page 3 of ? 4. Agricultural Career Technical Education Incentive Program. The Agricultural Career Technical Education Incentive program provides local educational agencies (LEAs) with funds to improve the quality of their agricultural vocational education programs. The goal is to maintain a high-quality, comprehensive agricultural vocational program in California's public school system to ensure a constant source of employable, trained, and skilled individuals. (Education Code § 52460) 5. Career Technical Education Pathways Program. Provided one-time funding for competitive grants to improve the linkages between career technical education (CTE) programs at schools, community colleges, and local businesses. This program, which sunsets June 30, 2015, also provides support for linked learning, which support small learning cohorts that integrate a career theme with academic education. (Education Code § 88530) 6. Career Pathways Trust. Provided one-time funding in 2014-15 for competitive grants similar to the CTE pathways program. These funds are available for expenditure through 2015-16. Grants are available for K-14 career pathways programs. (Education Code § 53010) ANALYSIS This bill: 1. Establishes the Career and Job Skills Education Act, a grant program to be administered by the Superintendent of Public Instruction (SPI), for the purposes of developing and enhancing CTE courses within K-12 school districts. 2. Authorizes, that the governing board of a school district that operates any state approved CTE sequence of courses to apply to the SPI for a grant. 3. Outlines the following program requirements: SB 148 (McGuire) Page 4 of ? A. Adoption of Career Technical Education (CTE) programs in consultation with the governing board of a participating school district and the county office of education, area workforce development offices, or community colleges, as specified. B. Requires the provision of: (1) CTE courses aligned with Career Model Curriculum Standards. (2) A coherent sequence of courses that enable work-life balance and leads to entry level employment, as specified. (3) A series for CTE courses aligned with local agreements between the school districts and the county office of education, area workforce development offices, or community colleges serving the geographic area of the school for articulation of services, as specified. C. Inclusion of plans by the governing board of the participating school district for articulation of CTE courses with community colleges or apprenticeships programs to continue the sequence through grades 13 and 14. D. Inclusion of local business and industry needs assessments to ensure pupil competency needed for employment. E. Provision of student support services to assist with meeting high school graduation requirements and career preparation. High quality curriculum and instruction aligned with state standards. F. Conduct an annual performance review of the participating school district by specified entities, including the California Department of Education (CDE). SB 148 (McGuire) Page 5 of ? G. Inclusion of industry partnerships including student internships and externships for teachers. H. Development of a system of annual data collection and reporting of student outcomes that includes enrollment, employment, postsecondary advancement, course offerings and certification, licensing and pathway assessment outcomes. 4. Appropriates $600 million from the General Fund for the purposes outlined in the bill and; A. Requires school districts to provide a dollar for dollar match and identify CTE expenses for that application year, as specified. B. Requires the governing board of a participating school district to adopt policy and producers to: (4) Systematically review Career Technical Education (CTE) courses offered by a participating school district in order to determine whether a course may serve as an alternative for completing the prescribed course of study to graduate from high school, as specified. (5) Compare the local curriculum, course contents and course sequence of CTE programs with the California Career Technical Education Model Curriculum Standards adopted by the state board. C. Requires an annual performance review of CTE programs within a participating school district conducted by the California Department of Education (CDE) or local industry advisory committees and or an entity identified by the Superintendent of Public Instruction (SPI). D. Allocates 2% for administrative costs to CDE for technical assistance, professional SB 148 (McGuire) Page 6 of ? development, accountability and local monitoring. E. Allocates awards based on the school district's prior academic year proportional share of CTE participants (30%), CTE concentrators-a pupil who completes one CTE course and enrolls in a second course within a particular sequence (30%) and the number of students who complete CTE courses and earn measures of technical skill attainment (38%). F. Sets aside 2% for rural districts and regions with high rates of high school dropouts, as specified. G. Declares legislative intent to appropriate additional funding as necessary, for these purposes in the 2017-18 and 2018-19 fiscal years. H. Restricts the use of funds for staff salaries, benefits, or both, except as specified. I. Authorizes the use of these funds for matching pupils with work-based learning opportunities, technical assistance, industry partnerships, student support services, evaluating outcomes, planning, development, accountability, curriculum development, instructional equipment, materials, teacher externships, or pupils of special populations, as specified. 5. Directs the SPI to: A. Adopt rules and regulations governing the distribution of funds and establish criteria for assessing whether grant requirements are met, as specified. B. Assemble a CTE council composed of representatives from each of the 15 industry sectors, consistent with the California Career Technical Education Model Curriculum Standards, to advise on the continued improvement of Career Technical Education (CTE) in schools. SB 148 (McGuire) Page 7 of ? C. Provide for a state-wide system to ensure CTE pathways are aligned with the 15 industry sectors, consistent with state standards. D. Develop a system of accountability, data collecting and monitoring, as specified, and ensure program goals are satisfied and continued funding based on that system. E. Align accountability measures, as specified, into a uniform accountability metric based on any career ready standards adopted pursuant to the federal Elementary and Secondary Education Act and 11 program quality indicators in the California State Plan for Career Technical Education. F. Provide technical and professional assistance to grant award recipients. G. Adopt a list of CTE pathway assessments and a list of approved high quality industry certifications and licenses recognized by California Department of Education (CDE), as described, for use by school districts and CDE. 6. Requires, as a condition of receiving funds, the governing board of a participating school district to: A. Develop a plan for establishing a sequence of courses and certify to the Department that the courses were developed and are aligned to state standards, that CTE teachers are appropriately credentialed, and that funds are not used for staff salaries and benefits, except as otherwise specified. B. Submit new or revised CTE programs or pathways to the Department for approval by September 1 of the fiscal year in which those changes occur. C. Collect and report data as required by the Department and the school's local control and accountability plan. 7. Requires the Superintendent of Public Instruction (SPI) and SB 148 (McGuire) Page 8 of ? the state board to incorporate appropriate metrics into the state adopted accountability measures, aligned with the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, California's Standards for Career Ready Practice, and the quality indicators described in the California State Plan for Career Technical Education, to determine career readiness. 8. Makes a number of related declarations and findings. STAFF COMMENTS 1. Need for the bill. According to the author, CTE investment is at a historic low and changes to the State's financing structure have resulted in less funds being available for high-quality Career Technical Education (CTE) programs. At the same time, the author opines that today's students require career, technical and job skills to ensure they have the tools necessary to thrive in the state's rebounding economy. According to the author, this bill resembles the CTE Incentive Grant program outlined in the Governor's 2015-16 budget proposal, but mandates more rigorous performance and accountability standards, aligns reporting requirements with the federal Perkins grant, and accelerates the development of new and expanded high-quality CTE programs for the next three years. 2. Existing CTE standards and metrics. This bill attempts to align standards and outcome reporting with similar requirements of existing state and federal programs. In addition to the programs outlined in the bill, the Workforce Innovation and Opportunity Act (WIOA) calls for the establishment of common performance measures and reporting by various programs it authorizes. Below is a brief explanation of these state and federal programs. A. The California State Plan for Career Technical Education adopted by the State Board of Education and the Board of Governors of the California Community Colleges establishes guiding principles and goals for an ideal statewide CTE system. B. The California Career Technical Education Model Curriculum Standards are model curriculum SB 148 (McGuire) Page 9 of ? standards, written for grades 7-12, mandated for CTE courses that incorporate career technical and academic education. The standards are organized in 15 industry sectors of interrelated occupations and industries. The standards were developed in consultation with representatives from secondary and post-secondary education and business. C. The Carl D. Perkins Career and Technical Education Improvement Act is a federal grant program established to improve career-technical education programs, integrate academic and career-technical instruction, serve special populations, and meet gender equity needs. D. The Workforce Innovation and Opportunity Act (WIOA) is a federal program that reauthorizes the nation's employment, training, adult education, and vocational rehabilitation programs created under Workforce Investment Act of 1998. WIOA, among other things, requires states to strategically align workforce development programs and foster regional collaboration. 3. Related Governor's proposal. The Governor's 2015-16 workforce budget proposal includes funding for the Career Pathways Program, an Adult Education Block Grant, and the Apprenticeship Program. In addition, the Governor proposes creation of the Career Technical Education (CTE) Incentive Grant program, to be administered by the SPI and includes $250 million in one-time funding for the competitive program for the next three fiscal years. The Superintendent of Public Instruction (SPI), with the approval of the State Board of Education, would determine allocation amounts and the distribution of awards. The CTE Incentive grant proposal requires a dollar for dollar match, a plan for continued support of CTE programs after grant funding expires, and would give priority to applicants that demonstrate regional collaboration, display significant investment in CTE infrastructure, build on existing structures and show their ability to leverage additional contributions from outside sources. Recipients would be eligible to renew their grants, based upon outcome data. SB 148 (McGuire) Page 10 of ? The Career Technical Education (CTE) Incentive grant proposal requires that the applicant program meet minimum standards. It specifically requires that the program: A. Offer high quality curriculum and instruction aligned with the California Career Technical Education Model Curriculum Standards. B. Provide students with quality career guidance, support and leadership development. C. Provide for system alignment and coherence (including local or regional partnerships with postsecondary institutions solidified through written agreements). D. Form ongoing and structural industry and labor partnerships solidified through written agreements. E. Provide opportunities for students to participate in after-school, extended day, internships, competitions and other work based learning opportunities. F. Reflect regional or local labor market demands and focus on current or emerging high skill, high wage, or high demand occupations. G. Lead to an industry recognized credential or certificate, or appropriate post-secondary training or employment. H. Be staffed by skilled teachers or faculty. I. Provide professional development opportunities. J. Report data for purposes of program evaluation. 1. How does SB 148 compare to the budget proposal? The Local Control Funding Formula (LCFF) reflects a significant reform to the state's system of financing K-12 public SB 148 (McGuire) Page 11 of ? schools. Under the old system, revenue limits provided local education agencies with discretionary (unrestricted) funding for general education purposes, and categorical program (restricted) funding was provided for specialized purposes, with each program having unique allocation and spending requirements. The LCFF replaced this system with a new funding formula that provides base funding for the core educational needs of all students and supplemental funding for the additional educational needs of low-income students, English learners, and foster youth. According to the Administration, the Career Technical Education (CTE) Incentive grant proposal is a transitional categorical program intended to help school districts maintain high-quality CTE programs until full funding through the Local Control Funding Formula (LCFF) is realized. It does not appear that the Administration intends to provide an ongoing source of categorical program funding for CTE when the LCFF is fully funded. Unlike the Governor's proposal, it appears that SB 148 does propose an ongoing categorical program, for at least the next three fiscal years. While many of the required CTE programs, accountability, and reporting features of SB 148 are similar to the Governor's proposal, SB 148 outlines much more prescriptive and detailed requirements and duties for applicant districts and the Superintendent of Public Instruction (SPI). 2. Should CTE be an ongoing categorical program? This year the Governor's budget includes an ongoing categorical, the Adult Education Block Grant, as a means of funding an interagency model for the delivery of basic skills and workforce programs for adults. CTE, like Adult Education, has multiple providers of programs including the California Community Colleges, school districts, county offices of education, correctional facilities, libraries and other state agencies. Arguably, CTE could also benefit from a better aligned interagency model for program development and delivery. Should a similar categorical block grant that incentivizes K-12 collaboration with postsecondary and private providers exist for CTE? 3. Complex and duplicative provisions. SB 148 proposes SB 148 (McGuire) Page 12 of ? more clearly articulated CTE program requirements, consistent statewide outcome reporting requirements, and clearer requirements for alignment with postsecondary education institutions and the private sector, than the CTE Incentive Grant Program proposed in the Governor's budget. However, as currently drafted, the bill is unnecessarily complex, duplicative, and prescriptive, making its implementation overly burdensome. For these reasons, staff notes that the bill would benefit from refinement of its current language. A. For the purposes of streamlining the current contents, minimizing its prescriptive nature, and simplifying the administration of the program, staff recommends the following amendments: (1) On page 5, strike out lines 34 to 40, inclusive (2) On page 6, in line 1, strike "applicant school" strike line 2, and in line 3 strike "the school district shall" and insert "applicants" (3) On page 6, in line 6 before the period insert "and that satisfy the requirements outlined in 52469. (4) On page 6, strike out lines 7 to 38, inclusive (5) On page 7, in line 13 after "school." Strike out "that plan to" and strike out lines 14 to 20 inclusive. (6) On page 8, in line 6, strike out "to the governing board of the school district on", strike out lines 7 and 8, (7) On page 8, line 6 after "annually," insert "and shall comply with the requirements established by the Superintendent in terms of all of the following:" SB 148 (McGuire) Page 13 of ? (8) On page 8, strike out lines 27 to 40, inclusive (9) On page 9, strike out lines 1 to 3, inclusive (10) On page 9, strike out lines 5 and 6, in line 7 strike out "sequences," and insert "reporting" (11) On page 9, strike out lines 15 to 21, inclusive (12) On page 9, strike out lines 36 to 38, inclusive (13) On page 10, between lines 4 and 5 insert "b) The department shall retain up to 2 percent of the total funds apportioned pursuant to this article, to provide all of the following to applicant and recipients: 1) Technical Assistance 2) Professional Development 3) Accountability Services and local monitoring." (14) On page 10, strike out lines 5 to 22, inclusive (15) On page 11, strike line 1 to 4, inclusive B. For purposes of strengthening its linkages to postsecondary education and existing state and industry standards and metrics staff recommends the following amendments: 1) On page 7, in line 2 strike out "area workforce development offices, or" and insert "local workforce investment boards and" 2) On page 7, in line 3 strike out "or with any combination of the entities, offices, or community college thereof," SB 148 (McGuire) Page 14 of ? 3) On page 7, in line 11 strike out "manage personal and work life and," and insert "transition to postsecondary education on a career pathway or" 4) On page 7, in line 26 after "14" insert "and for the acquisition of high-quality industry certifications, credentials, and licenses." 5) On page 8, between lines 10 and 11 insert "(2) The number of pupils completing high school" 6) On page 9, strike out line 9, in line 10 strike out "subdivision (d) into a uniform accountably metric based on" and insert "Data metrics that are aligned with the core metrics required by the federal Workforce Innovation and Opportunities Act, common metrics adopted by the California Community College Chancellor's Office and" 7) On page 9, in line 22, after "adopt" insert "and provide grant recipients with" 8) On page 9, in line 23, strike out "that the department will recognize for purpose of," and strike lines 24 to 28, inclusive. 9) On page 9, in line 23 after "licenses" insert "and approved third party career technical education pathway assessments in each career technical education pathway for use in program development" 10) On page 9, strike out lines 29 to 35, inclusive C. For purposes of technical clarifications, staff recommends the following amendments: SB 148 (McGuire) Page 15 of ? 1) On page 2, in line 1, after "declares" insert "all of" 2) On page 3, in line 20, after "2006" insert "(20 U.S.C Sec. 2301 et seq.)" 3) On page 4, in line 11, after "Census" insert "Bureau" 4) On page 7, in line 8, after "the" insert "California" 5) On page 8, in line 19 strike out "advance" and insert "advanced" 6) On page 8, in lines 20 and 21, strike out "his or her" and insert "their" 7) On page 10, in lines 25 and 26, strike out "State Board of Equalization," and insert "state board," 8) On page 10, in line 27, strike out "Public" and insert "Pupil" 9) On page 12, in line 8, strike out "limited to the first three years of the", strike out line 9 and in line 10, strike out "programs or pathways and" 10) On page 12, in line 14, strike out "a" 11) On page 12, in line 24, strike out "industry based" and insert "industry-based" 4. Limited eligibility. As currently drafted the bill establishes eligibility for grant funds exclusively for K-12 school districts. In light of the numerous local educational entities involved in CTE, and in the interest of preserving the many providers of quality K-12 CTE programs staff recommends the bill be amended to extend eligibility for the grant program to county offices of SB 148 (McGuire) Page 16 of ? education, direct-funded charter schools, including those established pursuant to subdivision (g) of section 47605.1, and with the written consent from each participating local educational agency, regional occupational centers or programs operated by joint powers authorities. SUPPORT California Association of Sheet Metal and Air Conditioning Contractors' National Association California EDGE Coalition California Farm Bureau Federation California Hospital Association (CHA) California Manufacturers & Technology Association (CMTA) Kelseyville Unified School District Southern California Regional Occupational Center (SCROC) State Building and Construction Trades Council, AFL-CIO The California School Employees Association (CSEA), AFL-CIO OPPOSITION None received. -- END --