BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 148             
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          |Author:    |McGuire and Leyva                                    |
          |-----------+-----------------------------------------------------|
          |Version:   |January 29, 2015                        Hearing      |
          |           |Date:   March 25, 2015                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Olgalilia Ramirez                                    |
          |           |                                                     |
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          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.  







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                    (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.)









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             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:









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                    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).









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                    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  








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                    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.









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                    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  








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               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  








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                    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.   








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               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  








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               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  








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               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:"








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                              (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,"








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                        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:








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                        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  








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               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 --