BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:April 27, 2009    |Bill No:SB                             |
        |                               |725                                    |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                         Bill No:        SB 725Author:Hancock
                         As Amended:April 14, 2009Fiscal: Yes

        
        SUBJECT:   Regional occupational centers or programs: California  
        Apprenticeship Preparation Program.
        
        SUMMARY:  Enacts the California Apprenticeship Preparation Program Act  
        of 2009 to authorize regional occupational centers or programs, upon  
        approval and certification by the Superintendent of Public  
        Instruction, to offer a California Apprenticeship Preparation Program  
        that meets specified criteria.

         NOTE  :  This measure was heard in the Senate Education Committee on  
        April 1, 2009, and was passed out of that Committee by a vote of 6  
        to 0.  
        
        Existing law:

        1)Creates various career technical education programs for public  
          schools including but not limited to regional occupational centers  
          and programs (ROC/P), partnership academies, adult education  
          programs and career technical education programs in secondary and  
          postsecondary institutions.  

        2)States legislative intent the ROC/Ps provide career technical and  
          occupational instruction so that students are adequately prepared  
          for employment in the area in which the training was provided or  
          have the required skill levels necessary for enrollment in advanced  
          training programs.

        3)The Shelley-Maloney Apprentice Labor Standards Act of 1939  
          establishes the California Apprenticeship Council (CAC) and governs  
          apprenticeship programs in California.  





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        This bill:

        1)Establishes California Apprenticeship Preparation Program Act of  
          2009.  

        2)Authorizes ROC/Ps, upon approval by the Superintendent of Public  
          Instruction, to offer California Apprenticeship Preparation Programs  
          (CAPP).  

        3)Requires the SPI to approve and certify an ROC/P as a  CAPP if the  
          ROC/P does the following:  

           a)   Offers state-approved sequence of courses. 

           b)   Ensures that instructors have the appropriate designated  
             subjects career technical education credential issued by the  
             Commission on Teacher Credentialing (CTC).

           c)   Enters into at lease one memorandum of understanding (MOU)  
             with a local building trades and construction apprenticeship  
             program that has graduated at least one apprentice in the past  
             five years and has been certified by the Division of  
             Apprenticeship Standards (DAS), and requires the MOU to:  

             i)     Outline the roles and responsibilities of the  
               apprenticeship program to provide occupational and academic  
               support that includes, but is not limited to, advisory  
               committee input, joint use of facilities and equipment and  
               guest lecturers.

             ii)    Ensure that pupils who complete the sequence of CAPP  
               courses will be given credit or preferential consideration  
               toward admission to an apprenticeship program, related and  
               supplemental instruction hours or credit for hours needed  
               toward successful completion of an apprenticeship program.

             iii)   Specify the criteria for granting preferential  
               consideration towards admission to a program approved by the  
               DAS and states that preferential consideration provided  
               pursuant to the MOU is  not  a violation of the Labor Code or CAC  
               regulations.

             iv)    Outline the criteria by which pupils who complete a CAPP  
               may be awarded a skills certificate, as specified.  






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        4)Requires MOUs with joint labor management apprenticeship programs to  
          include labor and management signatures.

        5)Requires the California Department of Education to collaborate with  
          representatives from building trades and construction apprenticeship  
          training organizations and ROC/P faculty and curriculum coordinators  
          to develop curriculum covering all aspects of the building trades  
          and construction industry and requires the curriculum to do the  
          following:  

           a)   Align the State Board of Education's approved career technical  
             education (CTE) model curriculum standards and building trades  
             industry standards agreed upon by building trades and  
             construction representatives, including standards adopted by the  
             CAC.   

           b)   Begin the sequences of courses with an overview of all aspects  
             of the building and construction trades using the CAC Orientation  
             to Apprenticeship course curriculum as a resource and include an  
             overview of employee rights and responsibilities.  

           c)   Structure subsequent courses so as to provide pupils  
             trade-specific instruction that offers them increased exposure to  
             specific trades and permits to be accomplished with projects that  
             involve all or most trades to allow pupils to concentrate on one  
             specific trade.

           d)   Requires each course to include either the cooperative CTE or  
             community instructional methodology pursuant to current law.

           e)   Requires CAPP outreach efforts to include a targeted effort to  
             include female students.  
        6)Specifies that any ROC/P that offers a CAPP program to comply with  
          existing law governing biennial program review requirements and  
          annual local school district assessment of 11th and 12th grade pupil  
          ROC/P participation rates.

        7)Authorizes a ROC/P offering a CAPP to exceed its enrollment limit if  
          the local building trades and construction apprenticeship program  
          funds the instructional costs of pupils enrolled above the  
          enrollment limit.  

        8)Authorizes both labor-management and unilateral nonunion  






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          apprenticeship programs approved by the state to enter into an MOU  
          with an ROC/P.


        FISCAL EFFECT:  Unknown.  The measure is keyed "fiscal" by Legislative  
        Counsel.

        COMMENTS:
        
        1.Purpose.  According to the Sponsor, the  State Building and  
          Construction Trades Council of California (Building Trades)  , this  
          legislation directly addresses the gap between record high school  
          dropout rates and need for highly skilled workers  through awareness  
          of the construction industry and the high wage jobs it can provide  
          by creating access to new apprenticeship preparation programs.  The  
          Building Trades also states this measure provides the framework and  
          guidance to ROC/PS and their Building traces partners to create and  
          strengthen relevant curriculum and a sequence of courses leading to  
          a certificate for students who demonstrate proficiency and  
          commitment to learning a craft.  

        2.Background.  CDE 2006-07 data shows that, statewide, California has  
          a 67.6 percent high school graduation rate and 24.2 percent dropout  
          rate.  Graduation and dropout rates vary among counties and the same  
          data illustrates the following dropout rate disparities among ethnic  
          groups:  

                  Ethnicity                Graduation Rate     Dropout Rate
                  White                    84.8%               15.2%
                  African American              58.4           41.6
                  American Indian               68.7           31.3
                  Asian                         89.2           10.2
                  Filipino                 88.1                11.9
                  Hispanic/Latino               69.7           30.3
                  Pacific Islander              72.1           27.9

             Other CDE data on CTE indicates that the number of CTE classes  
             declined approximately 24 percent between 1997-98 and 2006-07.   
             Recent research by Kenneth C. Gray and Edwin L. Herr of  
             Pennsylvania State University indicates that while many high  
             school students matriculate to college, relatively few go on to  
             both earn a college degree and work in a job requiring a college  
             degree.  Gray and Herr argue that providing a range of  
             educational coursework, including opportunities for contextual  






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             and applied learning and rigorous academics, creates more  
             alternatives for high school students and enables them to make  
             more informed choices about career pathways following high  
             school. 
        3.California Research Bureau's (CRB) Careers Project Report.     
          Earlier this year, the CRB released its Careers Project report which  
          examined the preparation all students in public- and middle-high  
          schools receive to explore career options and the relationship  
          between that preparation and California's state and regional  
          economies.  The report was done at the request of a bipartisan group  
          of 11 members of the California Legislature and funding support from  
          the James Irvine Foundation.  The study consisted of three distinct  
          phases - a statewide survey of middle- and high-school counselors  
          and principals, an economic analysis and survey of representatives  
          of business and industry in California and school focus groups.

          The following are the findings relevant to this legislation:

                   There are limited resources available to all students in  
               grades 7 through 12 for career development. 

                   Half of all respondents reported that their schools  
               offered a curriculum for career development, less than half had  
               developed such a curriculum, and about half had provided career  
               development to all students.  This indicates that the provision  
               of career development information for all students regarding  
               the various careers and industries in the state is not a high  
               priority for school districts and schools. 

                   Of the schools providing career development services, only  
               10 percent had evaluated the effectiveness of their career  
               development activities, programs or tools. Moreover, of the  
               schools that had engaged with local businesses, about a fifth  
               had evaluated the effectiveness of these partnerships.

                   Schools not providing career development to all students  
               or not engaging with entities in their local community (such as  
               community colleges, local businesses or other community  
               organizations) might provide it if they had more staff.

                   Principals and counselors concurred that students are  
               interested in receiving more career development information,  
               since this was the least cited reason for not providing career  
               development to all students.






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        1.BP&ED Informational Hearing on Workforce Development.  On March  
          23rd, the Committee on Business, Professions and Economic  
          Development held an informational hearing entitled "The Role of  
          Private Education Institutions in Preparing California's Diverse  
          Workforce: Meeting the Challenges of our Workforce and Job Training  
          Needs."  The hearing examined the ability of private postsecondary  
          institutions to fill the career preparation needs of California's  
          workforce and evaluate policy options that allow them to expand  
          their workforce development programs with the requisite amount of  
          oversight required to protect students.   

          Automotive, biotech, construction, health and manufacturing industry  
          representatives were invited to participate in the hearing and they  
          offered testimony on their industries' difficulty in difficulty in  
          hiring qualified employees.  They also provided the Committee with  
          information on workforce development programs in which they have  
          engaged to help address those workforce shortages.  This information  
          provided the basis for one of the hearing's main findings;  
          specifically, that industries are facing shortages in hiring workers  
          with the minimum skills needed for entry into the field.
        2.State Approved CTE Curriculum.  The State Board of Education adopted  
          model curriculum standards for career technical education in May  
          2005 and adopted the curriculum frameworks for those standards in  
          January 2007.  The standards are organized in 15 industry sectors of  
          interrelated occupations and broad industries.  The standards also  
          identify 58 career pathways and the academic and technical courses  
          required for each pathway.  

        3.Regional Occupational Centers and Programs (ROC/Ps).  ROC/Ps  
          provides students opportunities to attend CTE programs.  ROC/P are  
          designed to provide a focused occupational training and typically  
          include more advanced capstone courses that students take during  
          grades 11 and 12 to prepare them for entry level jobs or transition  
          to postsecondary education, technical training, or apprenticeships.   
          This bill seeks to create specialized ROC/P programs that will  
          prepare pupils to enter postsecondary apprenticeship programs and to  
          provide guidance to schools seeking to develop apprenticeship  
          preparation programs. 

        4.Apprenticeship Programs.  Apprenticeship programs are postsecondary  
          educational programs that prepare participants for specific  
          high-skill occupations; programs typically include theoretical  
          instruction and on-the-job training and last from one to six years,  






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          depending upon the trade.  Most programs are about four years long.   
          Program completers earn a Certificate of Completion of  
          Apprenticeship from the Division of Apprenticeship Standards (DAS)  
          indicating the holder is prepared to serve at the journeyperson  
          level in the specified trade.  

          Apprenticeship training programs must be certified by the DAS and  
          operate in accordance with standards set by the CAC and state and  
          federal laws.  Apprenticeship programs may be sponsored by joint  
          labor and management apprenticeship committees, unilateral union or  
          management committees or individual employers.  

        5.Related Legislation.   AB 2515  (Hancock, 2008) would have authorized  
          (ROC/P), upon approval and certification by the Superintendent of  
          Public Instruction (SPI), to offer a Preparation for Apprenticeship  
          Program (PA program).  This measure was held in the Assembly  
          Appropriations Committee and is substantially similar to SB 725.

           AB 2448  (Hancock, Chapter 72006) 572, Statutes of 2008) phased out  
          the number of adults that can be served through ROC/Ps, implemented  
          several recommendations by the Legislative Analyst's Office (LAO) to  
          refocus ROCP services to high school students and ensure the courses  
          are part of occupational course sequences, and makes various  
          revisions to the operation and administration of ROC/Ps.

        6.Arguments in Support.  The  California Federation of Teachers  
          (CFT)  writes in support of SB 725 because it provides guidelines  
          for ROC/Ps to develop contracts with industry and trade  
          organizations for the development of coursework that is directly  
          related to the skills necessary for students to enter into  
          apprenticeships upon the completion of the skills certificate  
          program.  They state that by providing structured collaboration  
          between schools, ROC/Ps, industry and trade organizations,  
          California will be able to provide a better education system in  
          this arena.

        
        SUPPORT AND OPPOSITION:
        
         Support:  

        State Building and Construction Trades Council of California  
                (Sponsor)
        California Federation of Teachers 






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          Opposition:  

         None received as April 20, 2009



        Consultant:  Sieglinde Johnson