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 21, 2015 Hearing |
| |Date: April 29, 2015 |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Kathleen Chavira |
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NOTE : This bill was previously heard by this Committee on April
8, 2015. No vote was taken. The author has amended the bill to
respond to concerns raised in the prior committee analysis. The
analysis has been updated to reflect those amendments.
Subject: Career training: adult students
SUMMARY
This bill, an urgency measure, authorizes the Superintendent of
Public Instruction (SPI), for purposes of participation in Title
IV authorized federal student financial assistance programs, to:
1) Certify by name, a regional occupational center and program,
or a county office of education or an adult school; 2) Adopt
regulations that authorize a complaint process under the Uniform
Complaint Procedures outlined in specified regulations; and to
3) Decertify any program no longer in compliance with specified
federal regulations.
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:
1. Legally authorized by a state to operate educational
programs beyond secondary education.
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2. Have a process to review and act appropriately on
complaints concerning postsecondary institutions. (34
Code of Federal Regulations § 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, an urgency measure, authorizes the Superintendent of
Public Instruction (SPI) to certify specified career training
programs for the purpose of participating in Title IV authorized
federal student financial assistance programs. More
specifically it:
1. Authorizes the Superintendent of Public Instruction (SPI)
to certify by name, any regional occupational center or
program (ROC/P), county office of education, or adult
education program, that provides a program of training to
prepare adult students for gainful employment in a
recognized occupation to legally authorize the center,
program, or office to provide an educational program beyond
secondary education, including an education program that
leads to a degree or certificate.
2. Extends the authority in #1 exclusively for the purpose of
participation in Title IV authorized federal student
financial assistance programs.
3. Requires a regional occupational center or program, county
SB 425 (Hernandez) Page 3
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office of education, or adult education program applying
for certification to comply with both of the following:
A. Satisfy all applicable eligibility
requirements specified in federal rulemaking pursuant
to specified federal regulations.
B. Apply in writing to the SPI as an
individual entity to be considered for certification.
4. Authorizes any person to file a complaint under the Uniform
Complaint Procedures (UCPs) regarding an alleged violation
by a local agency of federal or state law governing adult
education programs or ROC/Ps, including allegations of
unlawful discrimination, harassment, intimidation, or
bullying, and requires the SPI to adopt regulations to
implement this authorization.
5. Authorizes the SPI to decertify a regional occupational
center or program, county office of education, or adult
education program, for purposes of participation in Title
IV authorized federal student financial assistance
programs, upon a determination that the entity is no longer
in compliance with the specified federal regulations.
6. Makes related findings and declarations.
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, and adult 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,
regional occupational center or program (ROC/Ps), 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
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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
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. Related and prior 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
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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 Higher Education
Committee. As amended, SB 425 is almost identical to AB
907.
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
East San Gabriel Valley Regional Occupational Program and
Technical Center
La Puente Valley Regional Occupational Program
Los Angeles County Office of Education
Riverside County Superintendent of Schools
ROP North Orange County
OPPOSITION
None received.
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