BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 425
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|Author: |Hernandez |
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|Version: |April 6, 2015 Hearing |
| |Date: April 8, 2015 |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Kathleen Chavira |
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Subject: Career technical education; state authorization
SUMMARY
This bill, an urgency measure, authorizes adult schools and
evening schools to include postsecondary career technical
education programs, and authorizes the Superintendent of
Public Instruction to certify by name, a regional occupational
center and program, or a county office of education or an
adult school or an evening high school, for purposes of
participation in Title IV authorized federal student financial
assistance programs.
BACKGROUND
Existing federal law outlines the requirements for eligibility
to participate in Title IV federal financial assistance
programs for postsecondary education institutions. Federal
regulations define postsecondary vocational institution for
this purpose and, among other things, require that an
educational institution be:
A. Legally authorized by a state to operate educational
programs beyond secondary education.
B. Have a process to review and act appropriately on
complaints concerning postsecondary institutions. (34
SB 425 (Hernandez) Page 2 of ?
CFR 600.6, 600.9)
Existing law authorizes school county superintendents to
establish 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.
(Education Code § 52300 et. seq.)
Existing law authorizes a school district governing board,
with the approval of the California Department of Education,
to establish and maintain classes for adults, as specified,
and outlines various requirements to be met by these programs.
Adult schools and evening high schools are required to
consist of classes for adults and authorized to admit minors
if specified conditions are met.
(Education Code § 52500-52610)
ANALYSIS
This bill:
1. Declares the Legislature's intent that Regional
Occupational Centers and Programs (ROCPs), or a county
office of education, serves state and national interests
in providing postsecondary career technical education
programs.
2. Declares the Legislature's recognition that, for purposes
of participation in any federal Title IV student
financial aid program, the Superintendent of Public
Instruction is authorized to certify, by name, a regional
occupational center and program or a county office of
education.
3. Expands existing authority relative to adult schools and
evening high schools. Specifically it:
A. Authorizes adult schools and evening
high schools to include postsecondary career
technical education programs.
SB 425 (Hernandez) Page 3 of ?
B. Authorizes the Superintendent of
Public Instruction to certify them, by name, for
purposes of participation in any federal Title IV
student financial aid program.
4. Makes the bill an urgency measure in order to satisfy
federal requirements for participation in federal student
aid programs.
STAFF COMMENTS
1. Need for the bill. According to the author, this bill
seeks to clarify and update California law by
establishing authority and process for ROCPs, county
offices of education, adult schools, and evening high
schools to be able to participate in federal student
financial aid programs. As the result of changes in the
federal law, students receiving financial assistance to
obtain career technical certification training through
these entities may be ineligible for federal financial
aid.
2. The Sector. According to information from providers,
ROCPs, County Offices and Adult Schools have been
participating in federal financial aid programs, some for
as many as 20 years. Recent changes in the federal law
regarding state authorization to offer postsecondary
education programs puts about 27 of these programs
currently approved to offer federal student aid, and the
students they serve, at risk of losing eligibility for
funds necessary to support students' postsecondary
workforce training. According to one provider, about
12,000 high school graduates enrolled in post-secondary
career preparation programs at ROCPs, County Offices and
Adult Schools would no longer be able to access these
funds without some change to California law.
3. State authorization. State authorization regulations
were published in the Federal Register on October 29,
2010 (75 FR 66832) and schools were initially required to
be in compliance with these rules by July 1, 2011. Since
then, the U.S. Department of Education (USDE) has granted
several extensions of the implementation date of these
SB 425 (Hernandez) Page 4 of ?
requirements, subject to a demonstration that
institutions and states were making progress toward
complying with and obtaining state authorization.
In May 2013, the USDE announced that it would extend the
deadline for complying with a rule requiring states to
authorize colleges within their borders by a year (July
1, 2014). In June 2014, the Department further delayed
(until July 1, 2015) the implementation date of the state
authorization regulations for institutions of
postsecondary education whose state authorization does
not meet the requirements of these regulations, so long
as the State is establishing an acceptable authorization
process that is to take effect by the delayed
implementation date.
This bill proposes an urgency measure to address the
state authorization requirements for workforce training
programs for adults offered by K-12 affiliated entities.
4. Needs more work? As drafted, this bill declares
legislative intent and recognition around Regional
Occupational Centers and Programs (ROCPs) and county
offices of education relative to postsecondary programs
and authorizes the Superintendent of Public Instruction
(SPI) to certify specified types of programs by name so
that they may offer postsecondary programs for purposes
of federal financial aid participation. Staff notes that
the federal law was intended to create an enhanced
obligation for states to more proactively oversee
entities offering postsecondary programs and accessing
federal financial aid funds. It is unclear whether the
language currently in the bill is sufficient to satisfy
federal agencies that the specific requirements of the
federal law have been met. Simply inserting language that
declares legislative intent and extends broad authority
to the SPI within existing state statutes may be
insufficient.
The author may wish to consider creation of a new section
of law that outlines authority and responsibility for the
California Department of Education that more closely
mirrors the federal regulations. The Committee may also
wish to consider whether the bill should be advanced
SB 425 (Hernandez) Page 5 of ?
absent a more thorough statutory response to federal
requirements.
5. Related legislation.
AB 907 (Burke) authorizes the Superintendent of Public
Instruction to certify, by name, each regional
occupational center or program, county office of
education, or adult education program, that provides a
program of training to prepare adult students for
employment in a recognized occupation, and to "authorize"
these entities for purposes of the center, program, or
office participating in any student financial assistance
program. The bill also requires these entities to meet
specified requirements and authorizes individuals to use
the uniform complaint process to allege violation of any
state or federal laws. AB 907 is currently awaiting
action in the Assembly Education Committee.
AB 1181 (Calderon) declares the Legislature's intent that
regional occupational centers will serve the state and
national interests in providing secondary and
postsecondary career technical and technical education to
students and authorizes adult schools and evening high
schools to include postsecondary career technical
education programs. AB 1181 is currently awaiting action
in the Assembly Education Committee.
SUPPORT
Alhambra Unified School District
Baldy View Regional Occupational Program
Bassett Unified School District
Butte County Office of Education
East San Gabriel Valley Regional Occupational Program and
Technical Center
Gilleland Education & Training Services
Glendora Unified School District
Glenn Adult Program
Glenn County Regional Occupational Program
Hacienda La Puente Unified School District
Imperial Valley Regional Occupational Program
La Puente Valley Regional Occupational Program
North Orange County Regional Occupational Program
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Office of Riverside County Superintendent of Schools
Placer County Office of Education
San Joaquin County Office of Education
SoCal ROC
OPPOSITION
None received.
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