BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 381
                                                                  Page A
          Date of Hearing:   July 8, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                      SB 381 (Wright) - As Amended:  May 4, 2009

           SENATE VOTE  :   32-2
           
          SUBJECT  :   High school instruction: course of study

           SUMMARY  :  Prohibits a school district from adopting a graduation  
          requirement that requires the completion of additional  
          coursework to meet or exceed the requirements and prerequisites  
          for admission to a four-year California public university unless  
          the district also adopts an optional graduation requirement that  
          requires the completion of an equal amount of coursework to  
          attain entry-level employment skills in business or industry  
          upon graduation from high school.  Specifically,  this bill  :    

          1)Specifies that the optional graduation requirement shall  
            include the state high school graduation requirements and a  
            sequence of at least three career and technical education  
            (CTE) courses. 

          2)Provides that the governing board of the school district shall  
            ensure that the sequence of CTE courses is aligned with the  
            curriculum content standards for career and technical  
            education adopted by the State Board of Education (SBE).

          3)Requires the governing board of any school district  
            maintaining a high school to prescribe courses of study  
            designed to provide every pupil with the opportunity to be  
            prepared to enter the world of work with sufficient marketable  
            skills and knowledge for legitimate remunerative employment.

           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;









                                                                  SB 381
                                                                  Page B

             d)   Three years of social studies, including a one-semester  
               course in American government and civics and a one-semester  
               course in economics;

             e)   One course in visual or performing arts 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  
            occupational centers or programs (ROC/Ps), 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  









                                                                  SB 381
                                                                  Page C
            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  :  Background materials on this bill were not received  
          in a timely manner from the author.

          The state has established minimum graduation requirements for  
          all students but high school graduation requirements vary among  
          school districts across the state as local districts are  
          authorized to adopt graduation requirements beyond the  
          statutorily required courses.  Completion of the minimum state  
          and local coursework graduation requirements, passage of the  
          high school exit exam, and completion of an Algebra 1 course  
          must be satisfied in order for a pupil to receive a high school  
          diploma in California.  

          This bill prohibits a school district from adopting a graduation  
          requirement that requires the completion of additional  
          coursework to meet or exceed the requirements and prerequisites  
          for admission to a four-year California public university unless  
          the district also adopts an optional graduation requirement that  
          requires the completion of an equal amount of coursework to  
          attain entry-level employment skills in business or industry  
          upon graduation from high school.  This bill further requires  
          the optional graduation requirement to include all the state  
          graduation requirements and at least three CTE courses.  

          The Board of Admissions and Relations with schools (BOARS)  
          establishes the subject areas 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                    |









                                                                  SB 381
                                                                  Page D
          |----------------------------------------------|
          |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                                      |
           ---------------------------------------------- 

          This bill raises several policy questions for this Committee to  
          consider.  

           Local control  :  Local communities across the state have  
          initiated efforts to increase access to college preparatory  
          coursework to improve college-going rates in those communities.   
          Most recently, the Oakland Unified School District decided to  
          make the college preparatory curriculum the default curriculum  
          for high school graduation for students entering high school in  
          2011.  This decision was in response to civil rights groups and  
          student activists who called on the school board to enroll all  
          high school pupils in the sequence of courses required for  
          admission to California universities.  The Oakland Tribune notes  
          that students led the way in the effort to raise graduation  
          standards in the district.<1>  

          Several studies have documented the continuing  
          under-representation of Latinos and African American in  
          institutions of higher education.  According to the California  
          Educational Opportunity Report, by the University of California  
          Los Angeles, Institute of Democracy, Education and Access  
          (UCLA/IDEA), "Over a million (1,049,414) California high school  
          students attend schools that do not offer enough A-G courses for  
          all students to take the college preparatory curriculum. While  
          over half of the high schools serving majority white and Asian  
          students lack sufficient A-G courses, more than two-thirds of  

          ---------------------------
          <1> Murphy, Katy.  "Oakland Public Schools to Ramp Up College  
          Prep Courses, Graduation Requirements." Oakland Tribune.  June  
          12, 2009.   www.insidebayarea.com  








                                                                  SB 381
                                                                  Page E
          the high schools with a majority of underrepresented students  
          face this problem." 

          The San Jose Unified School District and the Los Angeles Unified  
          School District have adopted similar resolutions and now require  
          all pupils to complete the "A-G" course requirements for high  
          school graduation.  The new requirements of this bill will have  
          an impact on districts such as these that had made the decision  
          to make the A-G curriculum the default high school graduation  
          requirement in previous years.  If this bill is enacted, these  
          districts will have to comply with an additional mandate or  
          reverse their policies, because the mandate imposed by this bill  
          could be cost prohibitive.  

          Should the state create policies that would interfere with local  
          control by imposing costly mandates that would prohibit local  
          school districts from implementing sequences of courses or  
          curricula that exceed the state minimum graduation requirements?  


           Lower standards and not necessarily more CTE  :  An argument could  
          be made that this bill will have a chilling effect on districts  
          that are considering adopting even a single graduation  
          requirement that is above the state minimum requirements, if  
          that single requirement meets one of the courses in the A-G  
          course sequence.  For example, statute requires three years of  
          English for high school graduation, but the "A-G" course  
          sequence requires four years of English, hence if a district  
          chooses to require four years of English, as many do, without  
          necessarily adopting the complete A-G sequence, that district  
          will have to comply with the additional mandated provisions in  
          this bill.  Districts will be dissuaded from adopting any  
          graduation requirement that may be beyond the state minimum  
          requirements, or compelled to curtail existing graduation  
          requirements if those requirements also meet one of the A-G  
          course requirements, in order to avoid the mandate of this bill.  
           

          This will potentially result in districts adopting less  
          academically rigorous high school graduation standards or in  
          districts lowering their graduation requirements for all  
          students and may not necessarily result in an increase in the  
          number of CTE course offerings, which appears to be the goal of  
          this bill.  The end result could be counterproductive to the  
          desired result and to expanding opportunities for pupils. 









                                                                  SB 381
                                                                  Page F

          Not only could this bill limit the postsecondary opportunities  
          for  all  pupils, but it could also result in a drastic step  
          backwards in the attempt to provide a more rigorous and relevant  
          curriculum for all pupils that will prepare them for life after  
          high school.  

           Dual graduation tracks  :  This bill requires for districts that  
          adopt a requirement that meets or exceeds the A-G course  
          sequence to also adopt "an optional graduation requirement that  
          requires the completion of an equal amount of coursework to  
          attain entry-level employment skills in business or industry  
          upon graduation from high school" and specifies that this  
          optional graduation requirement shall include the state high  
          school graduation requirements outlined in statute and a  
          sequence of at least three career and technical education (CTE)  
          courses.  

          It is unclear as to what "an equal amount of coursework to  
          attain entry-level employment skills in business or industry"  
          means.  It can be argued that entry-level employment skills vary  
          by industry so it is unclear as to how a district would  
          implement such an optional graduation requirement. 

          This optional graduation requirement would be an alternative to  
          the college preparatory curriculum, thus clearly requiring a  
          two-track system in districts that choose to adopt a requirement  
          that meets the A-G course sequence.  This is contrary to recent  
          research around CTE and recent legislative efforts to integrate  
          academics with CTE through multiple pathway programs.  Recent  
          research suggests that the concept of "multiple pathways" would  
          end "the tired debate about whether high school students need  
          more rigorous academics or a more relevant career-focused  
          curriculum.<2>  The idea behind "multiple pathways" is the  
          restructuring of high school education into pathways that  
          prepare students for college, career and civic responsibility.

           Integrated curriculum  :  The "multiple pathways" approach is a  
          promising strategy that can deliver a rigorous and relevant  
          curriculum that includes core academics, applied learning and  
          CTE.  Multiple pathway programs make core academic subjects more  
          relevant and applied and provide access to technical courses and  

          ---------------------------
          <2> Oakes, Jeannie, et al. Multiple Perspectives on Multiple  
          Pathways: Preparing California's Youth for College Career and  
          Civic Responsibility. UCLA/IDEA and UC/ACCORD. 2007.








                                                                  SB 381
                                                                 Page G
          work-based learning opportunities.  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.

          A report due to the Legislature by the end of this year may  
          provide policy makers important information on the feasibility  
          to expand career multiple pathway programs.  A measure enacted  
          last year, AB 2648 (Bass, 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.  AB 2648  
          requires the report to include specified components, including,  
          but not limited to, methods for developing and sharing models of  
          integrated curriculum and instruction, strategies for increasing  
          the course options and instructional time for pupils in high  
          school, and recommendations for supporting regional coalitions  
          in planning and developing the programs. The report is due to  
          the Legislature by December 1, 2009. 

          Furthermore, a Little Hoover Commission study on CTE "found  
          encouraging evidence that CTE -in its modern, academically  
          demanding form- can deliver an alternative approach to learning  
          that can keep students engaged, help improve grade point  
          averages and prepare students for both the work world and higher  
          education."  

          The California Dropout Research Project also released a report  
          entitled, Solving California's Dropout Crisis which estimated  
          that only about two thirds of California's students graduate on  
          time and that dropping out and low achievement have many shared  
          causes such as poor attendance, low engagement and low-quality  
          instruction.  One of the recommendations in the report suggested  
          that the state should consider more options for students to meet  
          the graduation requirements and points out that, "An increasing  
          number of states have pursued the idea of multiple pathways for  
          students to meet high school graduation requirements such as  
          through career and technical education courses."  

          Should policies encourage integration of CTE and academic course  
          work or require separate high school graduation tracks for  
          college preparation and employment preparation?  










                                                                  SB 381
                                                                  Page H
          In addition, this bill redefines the role of high schools by  
          requiring the governing board of any school district maintaining  
          a high school to prescribe courses of study to provide every  
          pupil "with the opportunity to be prepared to enter the world of  
          work with sufficient skills and knowledge for legitimate  
          remunerative employment," whereas current law requires school  
          districts to provide a course of study to provide "skills and  
          knowledge required for adult life."  Would it be prudent to  
          leave current law in place relative to the requirement on high  
          schools to prepare pupils for adult life? 

          The bill requires at least three CTE courses as part of the  
          optional graduation requirements for the non college preparatory  
          track.  Assuming the concept of dual tracks is an acceptable  
          policy for this Committee, an argument could be made that a  
          graduation track that prepares pupils for the world of work  
          should also include subject areas such as foreign language.  It  
          has been argued that foreign languages provide valuable skills  
          for pupils to compete successfully in the global economy,  
          nevertheless there is no concrete requirement for foreign  
          language to be part of this alternative track.  It would be an  
          option but not a requirement. 

          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.  In its current form, however, it is questionable  
          whether this bill will achieve the desired result.  

          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. 
           
          PPIC report:   A recent report by the Public Policy Institute of  
          California (PPIC) reveals that the state's demand for highly  
          skilled workers will increase over the next 15 years.  PPIC  
          states, "California's economy is becoming increasingly dependent  
          on highly educated workers.  But unless young adults'  
          college-going and college graduation rates increase  









                                                                  SB 381
                                                                  Page I
          substantially, the supply of graduates is not likely to meet the  
          demand. PPIC projects that by 2025, 41 percent of jobs will  
          require at least a bachelor's degree- but only 35 percent of  
          California adults will have college diplomas. To put it another  
          way, if current trends persist, the state will face a shortfall  
          of one million college graduates. Moreover, adults with a high  
          school diploma or less will outnumber the jobs available to  
          people with that level of education."

           Arguments in support  : The Professional Beauty Federation of  
          California writes, "With ROP funding flexibility, CAHSEE  
          remediation, a state mandated curriculum that ignores CTE, and  
          the theoretical/academic focus of the University of California's  
          admission criteria when evaluating secondary courses for 'A-G'  
          compliance, most high school students who desire to concurrently  
          enroll in a beauty college so that they complete high school  
          licensed to practice cosmetology or barbering will be prevented  
          from doing so; this is unfair to these focused students who have  
          clear career aspirations, and it is poor fiscal policy since  
          this postpones the economic contributions of these students upon  
          leaving high school." 

          The California Correctional Peace Officers Association writes,  
          "We also strongly believe that a robust CTE curriculum will make  
          school more relevant by meeting the needs of students, which  
          will help reduce the dropout rate.  As a result of a reduction  
          in the dropout rate and putting more young people on meaningful  
          career paths, we'll improve public safety, as statistics show  
          there is a correlation between the dropout rate and the  
          incarceration rate." 

          The International Union Automobile, Aerospace and Agricultural  
          Implement Workers of America (UAW) writes, "SB-381 simply  
          ensures that when local districts make choices to add on to the  
          state graduation requirements, that they do so in a manner that  
          is consistent with the laws and expectations of the State of  
          California." 

           Arguments in opposition  :  The California Teachers Association  
          writes, "SB 381 would inadvertently promote academic tracking.   
          We encourage all schools to monitor the discriminatory academic  
          tracking of minority students.  Areas of concern are the  
          over-representation of minority students in low ability and  
          special education classes and the under-representation of these  
          student in college-prep and accelerated programs and courses  









                                                                  SB 381
                                                                  Page J
          such as GATE, Honors and Advanced Placement.  This bill creates  
          separate pathways to graduation instead of encouraging the  
          integration of career technical education and academic courses  
          that are systematically linked for a more well-rounded  
          education."

          InnerCity Struggle writes, "SB 381 will impede district reform  
          efforts to improve college-going rates, placing a stranglehold  
          on districts taking courageous steps toward increasing rigor for  
          all students.  It will require the prohibitively costly addition  
          of new courses, new teachers to teach them, and new facilities  
          to house them."  

          Public Advocates Inc. writes, "Contrary to the stated purpose of  
          SB 381 supporters, SB 381 will not help students at risk of  
          dropping out because it does not provide school districts with  
          the resources for support, interventions, or even development of  
          the optional CTE coursework for these students.  SB 381 places  
                                               unreasonable conditions for passing an A-G graduation policy on  
          low-income communities and communities of color that want to  
          raise academic standards in their high schools because of  
          limited time to take additional CTE coursework in the school  
          day."

          Related 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. 

           Previous legislation  :  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 400 (Nu?ez) of 2007 requires the SPI to incorporate into the  
          Academic Performance Index (API) the rates at which pupils are  
          offered and complete a course of study that fulfills UC and CSU  









                                                                  SB 381
                                                                  Page K
          admission requirements and at which pupils are offered and  
          complete a course of study that provides the skills and  
          knowledge necessary to attain entry-level employment upon  
          graduation from high school.  AB 400 was vetoed by Governor  
          Schwarzenegger with a message that read in part: 

               I respect the intention to provide schools the  
               incentive to expand access to A-G college admission  
               required courses, and expand course offering in Career  
               Technical Education program. I am open to  
               opportunities to accomplish that goal. However, I must  
               maintain that the Academic Performance Index (API)  
               should continue to be based on objective, reliable,  
               valid and consistent statistical measurements.
           
               Currently, a school's API is based solely on its  
               students' performance on academic achievement tests.  
               This bill, however, would require that, by no later  
               than June 30, 2014, the weight given such tests be  
               reduced to 50 percent with the remaining 50 percent  
               based on high school graduation rates, the percentage  
               of students fulfilling the requirements for admission  
               to public postsecondary institutions, and the  
               percentage of students who graduate prepared for  
               entry-level employment in business or industry.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Associated General Contractors of California
          Association of Plumbing & Mechanical Contractors
          California Agricultural Teachers Association
          California Association of Sheet Metal & Air Conditioning  
          Contractors' National Association
          California Automotive Business Coalition
          California Business Education Association
          California Chapters of the National Electrical Contractors  
          Association
          California Correctional Peace Officers Association
          California Grain and Feed Association
          California Industrial & Technology Education Association
          California Labor Federation
          California Legislative Conference of Plumbing, Heating & Piping  
          Industry









                                                                  SB 381
                                                                  Page L
          California Manufacturers & Technology Association
          California Pear Growers Association
          California Seed Association
          California Space Authority
          California State Floral Association
          California Warehouse Association
          Construction Industry Legislative Conference
          Golden State Builders Exchanges
          International Union Automobile, Aerospace and Agricultural  
          Implement Workers of America
          North State Building Industry Association
          Pacific Egg and Poultry Association
          Professional Beauty Federation of California
          State Building & Construction Trades Council, AFL-CIO
          Western State Petroleum Association
           
            Opposition 
           
          African American Parent/Community Coalition for Educational  
          Equity
          Alliance for a Better Community 
          Applied Research Center 
          Association of Black Social Workers of Greater Los Angeles
          Association of California School Administrators 
          Boyle Heights Learning Collaborative
          California Business for Education Excellence 
          California School Boards Association 
          California Teachers Association 
          California Tomorrow
          Californians for Justice 
          Central American Resource Center
          Central City Neighborhood Partners
          Centro Latino for Literacy 
          CollegeBoard 
          Community Coalition 
          Ed Trust West
          Education Consortium of San Diego County (25 Organizations)
          Families in Schools
          Fielding Graduate Institute-Joyce Jermaine Watts
          Hispanas Organized for Political Equality
          InnerCity Struggle
          Latino Issues Forum
          Los Angeles Area Chamber of Commerce 
          Los Angeles Parent Organizing Network
          Los Angeles Small Schools Center









                                                                  SB 381
                                                                  Page M
          Mexican American Legal Defense and Educational Fund
          Office of LAUSD School Board President Monica Garcia
          Parent Institute for Quality Education
          Parent Leadership Action Network
          Parents for Unity
          Public Advocates
          Salvadoran American Leadership and Educational Fund
          San Fernando Valley Partnership
          United Way of Greater Los Angeles 
          Urban Education Partnership
          We Advocate Gender Equity
          Youth Together

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