BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 2446
          AUTHOR:        Furutani
          AMENDED:       May 28, 2010
          FISCAL COMM:   Yes            HEARING DATE:  June 30, 2010
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  Graduation Requirements
          
           SUMMARY   

          This bill temporarily adds, commencing with the 2011-12  
          school year, career technical education, 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.  

           BACKGROUND  

          Existing law requires the governing board of a school  
          district that maintains at least one high school to prescribe  
          courses of study designed to provide pupils with the skills  
          and knowledge required for adult life, including a course of  
          study designed to prepare prospective pupils for admission to  
          state colleges and universities and a course of study for  
          career technical training.  (Education Code  51224)

          In order to graduate high school, current law requires all  
          pupils to:  1) pass both the English language arts and  
          mathematics portions of the California High School Exit Exam  
          (CAHSEE); 2) complete the 13 year-long courses listed below;  
          and 3) complete other coursework requirements adopted by the  
          governing board of the school district.  (EC  51225.3)

               1)        3 courses in English.  
               2)        2 courses mathematics.  
               3)        2 courses of science, including biological and  
          physical science.  
               4)        3 courses in social studies, including: United  
                    States history and geography, one semester of  
                    American government, and one semester of economics.  
                     
               5)        1 course in visual or performing arts  or   



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          foreign language.  
               6)        2 courses in physical education, unless exempt  
          by law.  

          High school students interested in matriculating to a  
          California public university upon graduation must complete  
          the minimum coursework for high school graduation and satisfy  
          the subject area requirements established by the California  
          State University (CSU) and the University of California (UC)  
          for undergraduate admission.  The following pattern of  
          coursework is commonly referred to as the "a-g" requirements:  
           

               a)        2 years of history/social science.
               b)        4 years of college preparatory English or  
                    language instruction.
               c)        3 years of college preparatory mathematics (4  
                    years recommended).
               d)        2 years of laboratory science (3 years  
                    recommended).
               e)        2 years of a foreign language (3 years  
                    recommended).
               f)        1 year of visual and performing arts.
               g)        1 year of college preparatory electives.

          Existing law requires each school district maintaining any of  
          grades 7 to 12, inclusive, to offer courses of study that (1)  
          fulfill the requirements and prerequisites for admission to  
          California public institutions of postsecondary education and  
          (2) provide an opportunity for pupils to attain entry-level  
          employment skills in business or industry.  School districts  
          may fulfill their responsibility pursuant to number (2) by  
          adopting a required curriculum that meets or exceeds the  
          model standards CTE adopted by the State Board of Education.   
          (EC  51228)

           ANALYSIS  

           This bill  :

          1)   Temporarily adds, commencing with the 2011-12 school  
               year, a course in career technical education as an  
               option to the existing graduation requirement that  
               pupils complete one course in visual or performing arts  
               (VPA) or foreign language.  

          2)   Defines a course in career technical education to mean a  



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               course in a district-operated career technical education  
               program that is aligned to the career technical model  
               curriculum standards and framework adopted by the State  
               Board of Education (SBE).  

          3)   Specifies that a school or school district that does not  
               currently offer career technical education courses is  
               not required to start a new career technical education  
               program for purposes of this bill.  

          4)   Requires the California Department of Education (CDE) to  
               report to the appropriate policy committees of the  
               Legislature by January 1, 2015, on the number of pupils  
               who took a CTE course in order to fulfill the graduation  
               requirement and allows school districts to report this  
               information through the California Longitudinal Pupil  
               Achievement Data System.  

          5)   Makes the provisions added by this bill inoperative on  
               July 1, 2016, and repeals the provisions of the bill on  
               January 1, 2017.  

           STAFF COMMENTS  

           1)   Need for the bill  .  Various studies have indicated that  
               California's ability to maintain competitiveness in the  
               global economy will depend on a highly skilled and  
               educated workforce.  Yet according Superintendent's  
               recent report to the Legislature on "Multiple Pathways  
               to Student Success" nearly one-fifth of all students  
               fail to graduate from California public high schools and  
               many high school graduates find they have not gained the  
               skills they need to qualify for either postsecondary  
               education or family-wage career paths.  A February 2008  
               report from the California Dropout Research Project  
               concluded that dropping out and low achievement have  
               many shared causes, including low engagement.  According  
               to the author's office, the purpose of AB 2446 is to  
               help students stay engaged during high school and enable  
               them to be successful by allowing them meet one of the  
               graduation requirements by taking a CTE course.  

           2)   Career technical education (CTE)  .  Although this bill  
               would require the CTE course to be aligned to the state  
               CTE model curriculum standards, it is difficult to know  
               how many CTE courses meet the CTE standards as there is  
               no statewide mechanism in place to ensure the courses  



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               are aligned to the SBE standards.  The SBE adopted CTE  
               model standards in 2005 and the CTE framework in 2007.   
               CTE course offerings range in method of delivery and  
               course content.  CTE courses may be delivered by  
               Regional Occupational Centers/Programs (ROC/P),  
               partnership academies, agricultural programs, and  
               tech-prep programs.  While there are a number of CTE  
               courses that meet or even exceed the rigor of high  
               school graduation courses and more than 6,500 have been  
               approved to meet the a-g requirements, CTE courses vary  
               in the degree of rigor and alignment to the CTE  
               standards, thus raising the question of whether CTE  
               courses would be as rigorous as a VPA or foreign  
               language course.  

          This bill restricts the CTE courses that may be taken to  
               satisfy the graduation requirement to district-operated  
               CTE programs, which could limit access to qualifying CTE  
               courses, such as county operated Regional Occupational  
               Center or Programs (ROC/P) or courses available through  
               a ROC/P that is operated by a joint powers agency (JPA).  
                While some would argue that restricting the option to  
               district-operated CTE programs enables a district to  
               have greater control over the coursework, ROC/P programs  
               integrate core academic knowledge with technical and  
               occupational knowledge to provide students with a  
               pathway to postsecondary education and careers.  Should  
               they also be an option for students?

           3)   Potential impact on student success and achievement  .  A  
               variety of studies have shown that students who  
               participate in programs that include rigorous and  
               relevant CTE, tend to stay in school and perform well on  
               state assessments such as the CAHSEE.  While proponents  
               of this bill maintain that providing students the option  
               to take a CTE course instead of a VPA or foreign  
               language course could help schools reduce their dropout  
               rates, opponents have expressed concern about the effect  
               AB 2446 could have on student achievement.  The Multiple  
               Pathways report notes that California faces persistent  
               gaps in achievement, with African American and Latino  
               high school students achieving at substantially lower  
               levels than their white peers.  Opponents are concerned  
               that AB 2446 creates a potential disincentive for  
               students to take college preparatory classes because it  
               essentially reduces the number of core academic subjects  
               a student would need to take in order to earn a high  



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               school diploma.  

          Opponents further note that because the CTE population  
               disproportionately consists of limited-English  
               proficient students, students with disabilities,  
               minorities, and high-poverty students, this bill could  
               further narrow opportunities for these students to take  
               rigorous academic coursework and could perpetuate  
               policies that enable students who are failing  
               academically to graduate by taking low-level courses  
               that may strengthen their academic proficiency.   
               Further, an argument could be made that this significant  
               change in policy could allow students to leave high  
               school without having taken any arts or foreign language  
               courses.  In a state whose economy includes a robust  
               arts and entertainment industry as well as increasing  
               linguistic diversity, does that matter?

           4)   Impact on college readiness  .  Conceivably, this bill  
               could help reduce the drop out rate by giving students  
               the option to take a CTE course in lieu of a VPA or  
               foreign language course.  However, students who exercise  
               the option could end up taking fewer core academic  
               classes over the course of their high school experience,  
               which could affect the degree to which they are prepared  
               for college-level work should they later decide to go to  
               college.

          The federal No Child Left Behind Act of 2001 (NCLB) defines  
               "core academic subjects" to mean English, reading or  
               language arts, mathematics, science, foreign language,  
               civics and government, economics, arts, history, and  
               geography.  NCLB requires teachers of these subjects to  
               be "highly qualified," meaning they need be fully  
               certified and/or licensed by the state, hold at least a  
               bachelor's degree from a four-year institution, and  
               demonstrate competence in each core subject area in  
               which they teach.  The federal regulations do not apply  
               to non-core academic subject areas such as physical  
               education or vocational courses.  

          With the exception of physical education, all of the state's  
               graduation courses are considered core academic  
               subjects.  The remaining 11 courses also enable students  
               to meet  some  of the "college prep" coursework typically  
               required by many postsecondary institutions, satisfying  
               for example, about ten of the 15 minimum a-g  



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               requirements.  Since the requirements for high school  
               graduation meet only some of the CSU/UC admission  
               requirements, some school districts have adopted  
               graduation requirements that exceed those required by  
               the state.  

          Most colleges calculate a student's grade point average (GPA)  
               based on grades achieved in core academic classes.  CSU,  
               for example only counts the a-g courses taken after  
               grade 9 prior to graduation.  Unless the CTE course has  
               garnered "a-g" approval, it is unlikely the course grade  
               would be included in the GPA calculations used for  
               admission to the CSU or UC.  

          Since some CTE courses may not be considered a core academic  
               subject and may not have a-g approval, students who  
               exercise the option to take a CTE course instead of a  
               VPA or foreign language course could inadvertently make  
               themselves ineligible for admission to CSU or UC.  Do  
               schools have the resources to ensure that students will  
               get the counseling they need to help them make choices  
               that are best suited to their needs and be cognizant of  
               the consequences of their course-taking choices?  

          In light of the concerns about the potential impact AB 2446  
               could have on student achievement and college readiness,  
               the Committee may wish to consider strengthening the  
               option to ensure that a student who chooses to take a  
               CTE course for purposes of meeting state graduation  
               requirements will have the benefit of a rigorous  
               learning experience.  Should the Committee choose to  
               pass this bill, staff recommends amendments to enable  
               district-operated career technical education program to  
               include county and JPA-operated ROC/P courses and to  
               specify that CTE courses must have a-g approval in order  
               to satisfy the graduation requirement.  

           5)   Impact on school curricular offerings  .  Given current  
               fiscal conditions, it is not clear how many school  
               districts have the resources to provide CTE options for  
               students without reducing course options in other areas.  
                Opponents argue that AB 2446 pits one subject area  
               against another because it creates access for CTE by  
               undermining access for arts education and foreign  
               languages, risking further erosion of VPA classes that  
               have already been cut as a result of previous budget  
               reductions.  Although this bill does not require a  



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               school or district to start new CTE programs, this bill  
               could create cost pressure on school districts depending  
               on how many students choose the CTE option.  

           6)   Local control  .  A good case could be made that CTE,  
               foreign language, and VPA should each be required for  
               high school graduation.  Career Technical Education can  
               help students stay in school, help them focus on their  
               career goals, and can lead to economic benefits for  
               students and local communities.  VPA education helps  
               students develop ways of thinking, questioning, and  
               communicating that complement learning in other core  
               subjects, and foreign language courses enhance  
               communication skills and increase cultural awareness of  
               others.  Learning experiences in these areas can help  
               students acquire knowledge and skills they will need in  
               adult life and can help them develop into well-rounded  
               individuals.  The Legislature has vested local governing  
               boards with the authority to establish local graduation  
               requirements that could conceivably include courses in  
               all three areas.  Is the question of whether CTE should  
               be a graduation requirement more appropriately settled  
               by a local governing board?  

           7)   Timing and reporting  .  If enacted, this bill will become  
               effective on January 1, 2011, and will require school  
               districts to implement the requirement option beginning  
               with the 2011-12 school year.  Does that date allow  
               school districts sufficient time to change their written  
               materials or develop any new CTE courses in order to  
               provide students with a range of options?  

          Presumably, the reporting requirement is to enable members of  
               the Legislature to determine whether to extend the  
               option.  Arguably, this report could provide an  
               opportunity for the Legislature to consider the state's  
               graduation requirements within the context of other  
               state policy considerations, including the adoption of  
               common core standards.  The Committee may wish to  
               consider whether it would be productive to require the  
               report to also address what influenced students' choices  
               to take the courses they took, including how many or  
               what type of CTE courses were available, how many were  
               a-g approved, the extent to which the courses addressed  
               local workforce needs, and the impact on VPA and foreign  
               language courses as a result of students choosing CTE  
               classes to satisfy the requirement.  Staff recommends  



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               amendments to the reporting requirement to address these  
               questions.  

           8)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee analysis, this bill creates General  
               Fund/Proposition 98 cost pressure, likely between  
               $880,000 and $1.5 million to school districts to provide  
               increased CTE course offerings to high school pupils.   
               This cost assumes an increase between 3% to 5% in CTE  
               course enrollment.  Additionally, there would be minor,  
               absorbable costs to the CDE to comply with the reporting  
               requirement.  

           9)   Prior and related legislation  .  

          SB 381 (Wright, 2009) prohibits school districts from  
               adopting the a-g requirements for high school graduation  
               unless they also require students to complete career  
               technical education courses, as specified in order to  
               receive a high school diploma.  This bill was passed by  
               this Committee on a 6-3 vote and was held under  
               submission in Assembly Appropriations.  

          SB 147 (DeSaulnier, Chapter 168, Statutes of 2009) requires  
               the CSU Trustees to develop by January 1, 2014, a  
               process by which students could satisfy the general  
               elective course requirement by completing a CTE course  
               that meets specified criteria.  

          AB 554 (Furutani, 2009) would add one course to the existing  
               high school graduation requirements and includes CTE as  
               an option to full this additional requirement.  AB 554  
               was held in the Assembly Appropriations Committee.  

          AB 2648 (Bass, Chapter 681, Statutes of 2008) required the  
               SPI to develop, in conjunction with specified  
               individuals, a report that explores the feasibility of  
               expanding and establishing career multiple pathway  
               programs.  The SPI released this report on May 12, 2010.  
                

          SB 672 (Torlakson, 2008) required high schools participating  
               in the California Enhanced Instructional Time Program  
               pursuant to SB 681 (Torlakson, 2008), to adopt a  
               graduation policy requiring pupils to complete two CTE  
               courses.  SB 672 and SB 681 were held in the Assembly  
               Education Committee.  



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           10)  Policy arguments  .  

                        Proponents of this measure note that providing  
                    students with the option to satisfy a graduation  
                    requirement by taking a CTE course may strengthen  
                    student engagement and will enable students to  
                    explore and develop technical skills to prepare for  
                    college and the workforce.   
                

                        Opponents of this measure argue that AB 2446  
                    sets high school graduation requirements even  
                    further from UC and CSU a-g eligibility  
                    requirements.  providing students the option to  
                    take a CTE class in lieu of a core academic class  
                    does nothing to close the achievement gap and may  
                    ultimately reduce access to visual and performing  
                    arts classes.

           SUPPORT
           
          California Assoc. of Sheet Metal and Air Conditioning  
          Contractors National Assoc.
          California Automotive Business Coalition
          California Business Education Association
          California Federation of Teachers
          California Industrial and Technology Education Association  
          and Foundation
          California Manufacturers and Technology Association
          California PTA
          California Teachers Association
          Metropolitan Education District
          Small School Districts' Association
          State Building and Construction Trades Council

           OPPOSITION
           
          Arts Orange County
          California Alliance for Arts Education
          California Arts Advocates
          California Association for Health, Physical Education,  
          Recreation and Dance
          California Language Teachers Association
          Education Trust West
          Letter from an individual
          Public Advocates



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          San Francisco Unified School District