BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   April 7, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 2446 (Furutani) - As Amended:  March 24, 2010
           
          SUBJECT  :   Graduation requirements 

           SUMMARY  :  Adds career technical education (CTE), as defined, as  
          an option for pupils to fulfill the existing high school  
          graduation requirement to complete a course in visual or  
          performing arts or foreign language.  Specifically, this bill  :   
          Defines "a course in career technical education" as a course in  
          a district-operated career technical education program.

           EXISTING LAW:  

          1)Establishes the following minimum high school graduation  
            requirements for pupils in grades 9-12, inclusive:

             a)   Three years of English;

             b)   Two years of math;

             c)   Two years of science;

             d)   Three years of social studies, including United States  
               history and geography; world history, culture and  
               geography; and a one-semester course in American government  
               and civics and a one-semester course in economics;

             e)   One course in visual or performing arts (VPA) or foreign  
               language;

             f)   Two courses in physical education; and,

             g)   Other coursework that the governing board of the school  
               district may specify.

          2)Specifies that governing boards, with the active involvement  
            of parents, administrators, teachers, and pupils, shall adopt  
            alternative means for pupils to complete the prescribed course  
            of study which may include practical demonstration of skills  
            and competencies, supervised work experience or other outside  
            school experience, CTE classes, courses offered by regional  








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            occupational centers or programs (ROCPs), interdisciplinary  
            study, independent study, and credit earned at a postsecondary  
            institution.  

          3)Requires that specified alternative modes for completing the  
            prescribed course of study shall be made available to pupils,  
            parents, and the public.

          4)Requires districts maintaining any of grades 7-12, inclusive,  
            to offer to all otherwise qualified pupils in those grade  
            levels a course of study that fulfills the requirements and  
            prerequisites for admission to California's public  
            institutions of postsecondary education.

          5)Requires districts maintaining any of grades 7-12, inclusive  
            to offer to all otherwise qualified pupils a course of study  
            that provides an opportunity for pupils to attain entry-level  
            employment skills in business or industry upon graduation from  
            high school.

          6)Requires, commencing with the 2003-04 school year and each  
            year thereafter, at least one course, or a combination of the  
            two courses, in mathematics required to be completed by pupils  
            while in grades 9 to 12, inclusive, prior to receiving a  
            diploma of graduation from high school, meet or exceed the  
            rigor of the content standards for Algebra I, as adopted by  
            the SBE.

           FISCAL EFFECT  :  This bill is keyed non-fiscal, however, the  
          Assembly Appropriations Committee has requested this bill be  
          referred to them.  If this bill is passed by the Assembly 
          Education Committee, it will be referred to the Committee on  
          Appropriations to consider the fiscal implications.

           COMMENTS  :  The existing minimum high school graduation  
          requirements include one course in either VPA or foreign  
          language.  This bill adds CTE to this category as a course  
          option to meet the minimum graduation requirements in lieu of  
          taking a course in either VPA or foreign language.  This bill  
          provides more options for pupils to complete the minimum high  
          school graduation requirements.  On the other hand, this is a  
          significant change that raises arguments over whether the  
          approach taken by this bill squeezes out courses in the  
          curriculum that some would argue should be expanded rather than  
          diminished.  This is particularly relevant in light of the  








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          growing concern over the narrowing of the curriculum in schools  
          and the reductions of course offerings in arts and foreign  
          language.  Additionally, this change may have an effect on  
          postsecondary admission eligibility for pupils that exercise  
          this option, thereby resurfacing the "either/or" debate that has  
          often dominated the discourse over CTE.  

          A bill approved by this Committee last year, AB 554 (Furutani),  
          as amended in this Committee, strengthened all three subjects  
          within the high school minimum graduation requirements.  This  
          bill is inconsistent with the previously approved bill.  

           Core academic subjects  :  This bill appears to be based on the  
          premise that foreign language and VPA are non-core courses, and  
          therefore, proponents of this measure would argue that this bill  
          would add one more subject to the list of what are often viewed  
          as elective courses.  However, the federal No Child Left Behind  
          Act (NCLB) defines "core academic subjects" to mean English,  
          reading or language arts, mathematics, science, foreign  
          languages, civics and government, economics, arts, history, and  
          geography.  Supporters of foreign language and VPA argue that  
          these two subjects are core subject areas and thus should not be  
          diluted as a requirement for graduation.  Considering that VPA  
          and foreign language are core content areas under NCLB, it is  
          not clear as to why the author is taking the approach of  
          allowing CTE to replace one of these core-content courses and is  
          not proposing to replace any of the other existing core and  
          non-core content areas.  The other graduation requirements  
          include, English, math, science, social studies, history, civics  
          and government and physical education; all of which are core  
          subject areas except physical education.  

          The author provides the following as rationale for allowing CTE  
          to replace a course in VPA or foreign language: "The most  
          appropriate location to include the CTE option is the category  
          of foreign language and visual and performing arts category  
          because these are all technical skill courses that provide  
          direct tangible career skills."  Additionally, the author  
          states, "California's ability to maintain a competitive edge in  
          the global economy requires a public education system that is  
          capable of producing a skilled and competent workforce.  CTE  
          courses enhance the connection between high school course work  
          and its real-world applications, as do the arts and foreign  
          languages.  There is a need to increase student access to these  
          courses if the student finds it an engaging option."








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          This bill, however, does not increase access to these courses.   
          Some would argue that all three subjects should be part of the  
          graduation requirements, instead of making students choose one  
          over the other.  In fact, this bill points to a much broader  
          policy concern regarding the funding levels in education and the  
          precedent this bill could set.  Rather than ensure pupils have  
          access to a well-rounded education, this bill allows them to  
          replace core subjects with non-core subjects, in what some would  
          argue is an attempt to accommodate the insufficiency of  
          education resources.  This Committee may wish to consider  
          whether this is the appropriate policy approach that should be  
          taken.  

          The SBE has adopted content standards in both VPA and foreign  
          language and it can be argued that each one of these subjects  
          plays a role in providing pupils a complete and well-rounded  
          education that keeps students engaged and motivated to stay in  
          school.  These two subject areas provide very valuable skills  
          and knowledge that can help pupils be successful in the global  
          economy.  

           Foreign language  :  The benefits and importance of foreign  
          language study has been widely documented.  The Committee for  
          Economic Development (CED), an independent research and policy  
          organization of business leaders and educators, released a  
          report in 2006 titled, Education for Global Leadership: The  
          importance of International Studies and Foreign Language  
          Education for U.S. Economic and National Security.  The report  
          points out, "To confront the twenty-first century challenges to  
          our economy and national security, our education system must be  
          strengthened to increase the foreign language skills and  
          cultural awareness of our students.  America's continued global  
          leadership will depend on our students' abilities to interact  
          with the world economy."  The CED report further suggests, "The  
          need for foreign language skills is even more acute for our  
          national security.  The FBI and other federal government  
          agencies lack sufficient linguists to translate intelligence  
          information in critical languages in a timely manner.  
          Furthermore our diplomatic efforts have been hampered by a lack  
          of cultural awareness."  CED recommends to integrate  
          international content into the state's K-12 curriculum standards  
          and assessment criteria and to require high school students to  
          achieve proficiency in at least one language in addition to  
          their primary language.  








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          Similarly, the California Master Plan for Education of 2002  
          recommends all schools to establish a foundation for students'  
          future mastery of a second language, by the end of elementary  
          school, and attainment of oral proficiency and literacy in both  
          English and at least one other language, by the end of secondary  
          school.  The Master Plan states, "education must prepare  
          Californians for participation in the international community.   
          Ours is the nation's most linguistically rich state. At a time  
          when global knowledge, skill, and understanding are at a  
          premium, California's multi-lingualism is an asset that should  
          be developed to a much greater extent. We must recognize our  
          state's widespread multiculturalism and bilingualism and embrace  
          them as 21st century educational and social resources."

          The State Board of Education (SBE) has adopted draft foreign  
          language content standards, now known as "world languages."  The  
          draft World Language Content Standards for California Public  
          Schools, Kindergarten Through Grade Twelve world language  
          content standards represent the knowledge, skills and abilities  
          that students should acquire during thirteen years in California  
          public schools.  The draft document states, "In order to succeed  
          in the 21st century, today's students need to develop linguistic  
          and cultural literacy, including academic knowledge, proficiency  
          in English, and in several of the world's languages and  
          cultures."  Recognizing the importance of cultural competence  
          and foreign language skills to compete successfully in the  
          global economy, some would argue that the existing high school  
          graduation requirements in the area of foreign language should  
          be strengthened and that foreign language learning should begin  
          earlier in a pupil's educational trajectory.  

           Visual or performing arts  :  Supporters of VPA education would  
          argue that arts courses enhance creativity and critical thinking  
          abilities, which are recognized as important skills for the  
          workplace.  Like CTE, arts education has proven to be an  
          effective way to engage students in learning and in preventing  
          dropouts.  A review of research through a survey, "Critical  
          Links: Learning in the Arts and Student Academic and Social  
          Development," suggests that "education in the arts not only  
          fosters other specific skills but also improves students'  
          self-confidence and motivation to learn, particularly among poor  
          and other at risk students."  

          In 2001, the SBE adopted Visual and Performing Arts Content  








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          Standards for California Public Schools, Pre-kindergarten  
          through Grade Twelve.  The standards include all four  
          disciplines of dance, music, theatre, and visual arts.  The VPA  
          standards were developed as a result of Senate Bill 1390  
          (Murray), Chapter 432, Statutes of 2000.  SB 1390 called for the  
          adoption of visual and performing arts content standards and  
          stated that instruction in VPA should be made available to all  
          students.

          The VPA standards state, "The arts convey knowledge and meaning  
          not learned through the study of other subjects. Study in and  
          through the arts employs a form of thinking and a way of knowing  
          based on human judgment, invention, and imagination. Arts  
          education offers students the opportunity to envision, set  
          goals, determine a method to reach a goal and try it out,  
          identify alternatives, evaluate, revise, solve problems,  
          imagine, work collaboratively, and apply self-discipline.  The  
          visual and performing arts are a vital part of a well-rounded  
          educational program for all students."

          Reports have shown that arts education in secondary schools  
          suffers from limited availability.  A recent report by SRI  
          International, An Unfinished Canvas, shows that 72% of high  
          schools fail to offer standards-aligned courses of study in all  
          four arts disciplines.  Supporters of arts education have  
          suggested that exposure to arts education provides invaluable  
          preparation for the world of work.   VPA address and develop  
          ways of thinking, questioning, expression and learning that  
          complement learning in other core subjects and develop skills  
          and abilities that are important for students entering into the  
          workforce after high school.  

           Career Technical Education  :  There is evidence that CTE has a  
          role in engaging students in academic learning and there is much  
          support in expanding opportunities that prepare pupils to make  
          choices for life after high school.  The SBE adopted Career  
          Technical Education Model Standards in 2005 and the CTE  
          Framework for California Schools for grades seven to twelve in  
          2007.  CTE course offerings range in method of delivery and  
          course content. CTE courses can be delivered by ROCPs,  
          partnership academies, agricultural programs, and tech-prep  
          programs and the courses offered vary in the degree of rigor and  
          alignment to the CTE standards, thus raising the question of  
          whether CTE courses are as rigorous as the high school  
          graduation required courses.  There are a number of CTE courses  








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          that do meet and even exceed the rigor of high school graduation  
          courses and are approved and recognized to meet the A-G criteria  
          but not all CTE courses do. It is difficult to know how many of  
          the CTE courses in fact meet the CTE standards, as there is no  
          statewide mechanism in place to review and ensure that CTE  
          courses are aligned to the CTE standards.  Districts that  
          receive funds from the Carl Perkins Career and Technical  
          Education Improvement Act are required to show in their Perkins  
          plan that course offerings are aligned to the CTE standards.  It  
          should be noted that unlike the prior bill approved by this  
          Committee, this bill does not require the CTE courses to be  
          standards-aligned. 

          This bill limits the CTE courses that could count towards high  
          school graduation to those that are district-operated programs.   
          Programs such as county-operated ROCPs would not count towards  
          high school graduation. There are currently 42 county-operated  
          ROCPs, 6 single district ROCPs, and 26 joint powers agreement  
          (JPA) ROCPs.  

          Currently ROCP teachers do not have to meet the highly qualified  
          teacher requirements, unless that teacher teaches a core  
          subject.  The CTE instructor must, however be properly  
          credentialed in their respective CTE discipline.  The California  
          Department of Education (CDE) has established a policy regarding  
          the "highly qualified teacher" provisions of NCLB that states,  
          "in order to be considered highly qualified, a teacher must have  
          a four-year college degree and meet all other credentialing  
          requirements.  If a CTE teacher does not have a four-year  
          college degree and his/or her class is an option for a  core   
          course for graduation purposes, he/or she may not be meeting the  
          highly qualified teacher requirements."  The guidance that CDE  
          has offered regarding alternative ways of meeting the core  
          subject graduation requirements, however does not address the  
          issue regarding CTE teachers who teach CTE courses that meet the  
          alternative graduation requirements but do not have a four-year  
          degree because California's CTE credentials do not require a  
          4-year college degree.  It is uncertain that limiting the types  
          of CTE courses that would count towards high school graduation  
          to courses that are part of district-operated CTE programs would  
          addresses the issue of meeting the "highly qualified teacher"  
          requirements under NCLB.  
           
          Effect on UC/CSU admission eligibility  :  The Board of Admissions  
          and Relations with schools (BOARS) establishes the subject areas  








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          and pattern of courses required for minimum eligibility for  
          freshman admission to the University of California (UC).  These  
          requirements are known as the A-G requirements, and the  
          California State University (CSU) system also accepts courses  
          certified by BOARS as minimum eligibility requirements.  The A-G  
          requirements consist of 15 courses and three recommended courses  
          as follows:
           ---------------------------------------------- 
          |History/Social Science - 2 years required     |
          |----------------------------------------------|
          |English - 4 years required                    |
          |----------------------------------------------|
          |Mathematics - 3 years required, 4 years       |
          |recommended                                   |
          |----------------------------------------------|
          |Laboratory Science - 2 years required, 3      |
          |years recommended                             |
          |----------------------------------------------|
          |Language Other than English - 2 years         |
          |required, 3 years recommended                 |
          |----------------------------------------------|
          |Visual and Performing Arts - 1 year required  |
          |----------------------------------------------|
          |College-Preparatory Electives - 1 year        |
          |required                                      |
           ---------------------------------------------- 
          Recognizing that this bill could result in high school students  
          graduating without taking a single course in foreign language,  
          or VPA, it must be noted that this could have an effect on a  
          pupil's eligibility for admission to UC and CSU because both of  
          these are courses required for minimum eligibility for freshman  
          admission to California's four-year public postsecondary  
          institutions. 

          It should be noted that under current law, districts are  
          required to adopt alternative means for pupils to complete the  
          prescribed course of study which may include practical  
          demonstration of skills and competencies, supervised work  
          experience or other outside school experience, CTE classes,  
          courses offered by ROC/Ps, interdisciplinary study, independent  
          study, and credit earned at a postsecondary institution.   
          Districts have the option of adopting alternatives for pupils to  
          complete high school graduation requirements. 

           Multiple pathways  : A previously enacted measure, AB 2648 (Bass,  








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          Carter & Furutani), Chapter 681, Statutes of 2008, required the  
          Superintendent of Public Instruction (SPI) to develop, in  
          conjunction with specified individuals, a report that explores  
          the feasibility of expanding and establishing career multiple  
          pathway programs.  The "multiple pathways" approach is a  
          promising strategy that can deliver a rigorous and relevant  
          curriculum that includes core academics, applied learning and  
          CTE.  The integration of career based themes and content across  
          all subject areas is a promising approach that would give  
          students the opportunity to access both core content and CTE  
          without having to choose one over the other.  The report was due  
          to the Legislature by December 1, 2009, but it has not yet been  
          submitted to the Legislature. 

          The draft Multiple Pathways report notes, "Currently, the  
          requirements for high school graduation as defined in Education  
          Code fall well below the levels needed for success in ongoing  
          education and careers."  It further suggests that many high  
          school graduates are embarking on the next stage of their lives  
          find that they have not gained the skills they need to qualify  
          for either postsecondary school education or family-wage career  
          paths.  This Committee may wish to consider whether a more  
          comprehensive review and revision of the high school graduation  
          requirements may be desirable.  

           Arguments in support  : The California Business Education  
          Association writes, "This proposal simply provides students  
          enrolled in California's high school with additional educational  
          and curricular options in selection meaningful and engaging  
          coursework that applies towards meeting high school graduation  
          requirements. 

          The California School Boards Association (CSBA) has a support if  
          amended position on this bill and writes, "While CSBA is a  
          supporter of career technical education and does support the  
          direction of this measure, we request one amendment in order to  
          ensure equal student access to quality coursework.  As proposed,  
          the CTE course must be 'in a district operated CTE program'  
          which has the potential to limit student access to the CTE  
          courses as many districts provide CTE courses through regional  
          occupational centers and programs which are most often governed  
          and operated separately from a single district.  Instead, CSBA  
          would like to propose amending the bill to tie the course to the  
          standards that have been adopted by the State Board of Education  
          in order to ensure the rigor of the course versus tying it to  








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          the 'whom' that offers the course." 

           Arguments in opposition  : The California Language Teachers  
          Association writes, "AB 2446 would be detrimental to students  
          and the communities in which they aspire to work after  
          graduation. This bill, as written, would force students who are  
          not pursuing a college preparatory option to choose between  
          world language study and career and technical education study,  
          when in fact, significant data show that the two should not be  
          separated: world language study is a career skill and is  
          desperately needed in numerous job fields across our state."

          The California Alliance for Arts Education writes, "AB 2446  
          would undermine access to arts education courses by allowing  
          students to substitute Career Technical Education courses for  
          current requirements in visual and performing arts or foreign  
          language.  While we support efforts to create pathways to the  
          workforce for students, we believe this legislation unfairly  
          target arts education and prevents every student from gaining  
          access to the unique training skills that grow from quality arts  
          education." 

           Previous legislation  :  AB 554 (Furutani) adds one course to the  
          existing minimum high school graduation requirements and  
          includes career technical education (CTE) as an option to  
          fulfill this additional requirement.  AB 554 was held in the  
          Assembly Appropriations Committee suspense file. 

          AB 2648 (Bass, Carter & Furutani), Chapter 681, Statutes of  
          2008, requires the SPI to develop, in conjunction with specified  
          individuals, a report that explores the feasibility of expanding  
          and establishing career multiple pathway programs.

          SB 672 (Torlakson) of 2008 requires high schools participating  
          in the California Enhanced Instructional Time Program, pursuant  
          to Senate Bill 681 (Torlakson) of 2008, to adopt a graduation  
          policy that requires pupils to complete two courses in CTE.  SB  
          672 was held in the Assembly Education Committee. 

          AB 272 (Kuehl) of 1999 increases course requirements for the  
          receipt of a high school diploma to require one year-long course  
          in visual or performing arts and one year-long course in a  
          foreign language, commencing with the graduating class of the  
          2004-2005 school year.  AB 272 was held in the Senate  
          Appropriations Committee. 








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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Association of California School Administrators 
          Automotive Service Councils of California 
          California Agricultural Teachers' Association 
          California Association of Sheet Metal and Air Conditioning  
          Contractors' National Association
          California Automotive Business Coalition 
          California Business Education Association 
          California Federation of Teachers 
          California Industrial and Technology Education Association 
          California Manufacturers & Technology Association 
          California School Boards Association (If amended)
          California Space Authority
          California Teachers Association
          Construction Industry Legislative Council 
          Small School Districts' Association 
          State Public Affairs Committee of the Junior Leagues of  
          California 

           Opposition 
           
          California Alliance for Arts Education 
          California Association for Health Physical Education, Recreation  
          and Dance 
          California Language Teachers Association
          University of California Consortium Language Learning & Teaching  

          Individuals 
           
          Analysis Prepared by  :    Marisol Avi?a / ED. / (916) 319-2087