BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1380|
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                                      VETO


          Bill No:  SB 1380
          Author:   Hancock (D)
          Amended:  8/16/10
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-0, 4/21/10
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Simitian,  
            Wyland
          NO VOTE RECORDED:  Maldonado, Price

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 5/17/10
          AYES:  Kehoe, Cox, Alquist, Corbett, Denham, Leno, Walters,  
            Wolk, Wyland, Yee
          NO VOTE RECORDED:  Price

           SENATE FLOOR  :  35-0 (Consent), 6/1/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,  
            Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth,  
            Huff, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod,  
            Padilla, Pavley, Price, Romero, Runner, Simitian,  
            Steinberg, Strickland, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Oropeza, Walters, Wiggins, Vacancy,  
            Vacancy

           ASSEMBLY FLOOR  :  76-0, 8/19/10 - See last page for vote

           SENATE FLOOR  :  34-0, 8/26/10 (Consent)
          AYES:  Aanestad, Alquist, Ashburn, Blakeslee, Calderon,  
            Cedillo, Cogdill, Corbett, Correa, DeSaulnier, Ducheny,  
            Dutton, Emmerson, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,  
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            Pavley, Price, Romero, Runner, Simitian, Steinberg,  
            Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Denham, Florez, Oropeza, Strickland,  
            Wiggins, Vacancy


           SUBJECT  :    Career technical education facilities

           SOURCE  :     Author


           DIGEST  :    This bill adds new requirements and conditions  
          to be met by districts that apply for and receive Career  
          Technical Education Facilities Program (CTEFP) funding, and  
          requires the California Department of Education to review  
          and make recommendations on specified elements of the  
          CTEFP.

           Assembly Amendments
           
          1.Reduces the minimum number of years that a school  
            facility is used for career technical education purposes  
            when constructed or modernized with specified bond funds.

          2.Requires a governing board of an applicant school  
            district to also adopt a resolution, in addition to  
            providing certification, stating the intent to use the  
            facilities for career technical education purposes during  
            the first year of occupation, rather than every five  
            years.

          3.Authorizes a governing board of a school district to seek  
            a waiver of the career technical education use  
            requirement from the State Allocation Board (SAB) if the  
            facility or educational program of the school district  
            changes during the initial 10 years of use.

          4.Requires the governing board of a school district with  
            projects approved by the SAB, as specified, to meet  
            specified evaluation criteria.

           ANALYSIS  :    Existing law establishes the Career Technical  
          Education Facilities Program (CTEFP) as part of the Leroy  
          F. Greene School Facilities Act of 1998 for the purpose of  

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          providing funding to qualifying local educational agencies  
          for constructing new facilities or reconfiguring existing  
          facilities, including purchasing equipment with an average  
          useful life expectancy of at least 10 years, to enhance  
          educational opportunities for pupils in existing high  
          schools.  

          This bill:

          1.Requires the governing board of an applicant school  
            district to submit a resolution adopted by the governing  
            board stating the intent to use the facilities built or  
            modernized with Proposition 1D funds set aside for the  
            CTEFP and provide certification that the facility is  
            being used for career technical education purposes during  
            the first year of occupation of the school facility.

          2.Authorizes the governing board of a school district to  
            seek a waiver of the career technical education use  
            requirement from the State Allocation Board (SAB) if the  
            facility or educational program of the school district  
            changes during the initial five years of use. 

          3.Requires the California Department of Education (CDE) to  
            evaluate the waiver request and make a recommendation to  
            the SAB based on the following criteria:

            A.   Enrollment changes in the school district.

            B.   Enrollment changes in the career technical education  
            program.

            C.   Changes in labor market demands.

            D.   Inability to hire teaching staff with proper  
            credentials.

            E.   The fiscal conditions of the school district.

            F.   Other factors presented by a local governing board  
            deemed appropriate and relevant by the CDE and the SAB.

          4.Specifies that the provisions in the bill requiring  
            career technical education facilities constructed or  

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            modernized with CTEFP funds to be used for a minimum of  
            five years apply to projects approved by the SAB on or  
            after January l, 2011.

          5.Encourages a school district applying for a career  
            technical education grant to include teachers of career  
            technical education and members of the local career  
            technical education advisory committee in the design and 
          planning process leading to the submission of an  
            application that is a request for full funding or a  
            reservation of funds.

          6.Authorizes 25 percent of the funds used for qualifying  
            equipment purchased with CTEFP funds to have a life  
            expectancy of at least five years instead of 10 years.   
            Encourages a school district to purchase energy efficient  
            and environmentally preferable equipment.

           Background

          Proposition 1D  .  AB 127 (Nunez and Perata), Chapter 35,  
          Statutes of 2006, the Kindergarten-University Public  
          Education Facilities Bond Act of 2006, authorized  
          Proposition 1D, a statewide general obligation bond  
          proposal for $10.4 billion.  Proposition 1D, approved by  
          the voters in November 2006, provided $7.3 billion for K-12  
          education facilities and allocated specified amounts from  
          the sale of these bonds for modernization, new  
          construction, charter schools, career technical education  
          facilities, joint use projects for new construction on  
          severely overcrowded schoolsites, and high performance  
          incentive grants to promote energy efficient designs and  
          materials.  In addition, portions of the amounts allocated  
          for new construction and modernization were authorized for  
          purposes of funding smaller learning communities and high  
          schools and for seismic retrofit projects.
           
          Career Technical Education Facilities Program  .  Proposition  
          1D established the CTEFP within the School Facility Program  
          (SFP) and provided $500 million for school districts and  
          joint powers authorities to construct or modernize  
          facilities and to purchase equipment with an average useful  
          life expectancy of at least 10 years for career technical  
          education programs at existing high schools.  Current law  

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          requires a school district to contribute from local  
          resources a dollar amount equal to the amount of the state  
          grant provided and authorizes the contribution to come from  
          private industry groups, the school district, or a joint  
          powers authority.  Local agencies may enter into a loan  
          agreement with the Office of Public School Construction to  
          cover their share of the project costs.  Grants are  
          calculated on a square foot basis, with a maximum of $3  
          million for each new facility and $1.5 million for each  
          modernization project purpose.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2010-11             2011-12          
              2012-13             Fund

           25-year minimum use            Reduction in bond pressure    
                            Bond*

          Reporting                                    $50 to $75,  
          one time                           Bond*

          *Proposition 1D

           SUPPORT  :   (Verified  5/19/10) (Unable to reverify at time  
          of writing)

          Beaumont Unified School District
          California Business Education Association
          California Space Authority
          Clovis Unified School District
          El Dorado Union High School District
          Rialto Unified School District
          Rocklin Unified School District
          San Dieguito Union High School District
          Sierra County Office of Education
          Tracy Unified School District

           ARGUMENTS IN SUPPORT  :    Supporters argue that the CTEFP  

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          was established to encourage and enable the establishment  
          of career technical education programs, and as such,  
          districts should not be allowed to drop the programs housed  
          in facilities constructed with bond funds dedicated for  
          career technical education programs for other facilities  
          uses.  Research has shown that career technical education  
          opportunities for pupils may provide relevance to the high  
          school curriculum and engage pupils who may be at risk of  
          dropping out.


           GOVERNOR'S VETO MESSAGE  :  
           
             "I am returning Senate Bill 1380 without my  
             signature. 

             For years many career technical education (CTE)  
             programs and facilities have been ignored or  
             eliminated altogether.  However, during my time in  
             office the state has made substantial investment in  
             CTE.  This bill stands to threaten the recent  
             investments in this area, as well as the significant  
             momentum we have achieved.  By allowing CTE bond  
             funds to be used for CTE investments with just a five  
             year minimum lifespan, and for non-CTE related  
             purposes, this bill seriously risks jeopardizing the  
             quality and scope of investments we make in these  
             facilities. 

             For these reasons, I am unable to sign this bill."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Knight,  
            Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Nava,  
            Nestande, Niello, Nielsen, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  

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            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Jeffries, Monning, Norby, Vacancy


          CPM:cm  10/5/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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