BILL ANALYSIS �
AB 790
Page 1
Date of Hearing: April 27, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 790 (Furutani) - As Amended: March 31, 2011
SUBJECT : Pupil instruction: Multiple Pathway Pilot Program
SUMMARY : Establishes the Multiple Pathway Pilot Program (MPPP)
to be administered by the California Department of Education
(CDE) according to specified requirements for the purpose of
implementing district-wide multiple pathway learning approaches
in all participating school districts. Specifically, this bill :
1)Requires the pilot program to be administered by the CDE and
to contain all of the following requirements:
a) Small-sized schools and smaller groupings of pupils
within new and existing high schools;
b) Rigorous multiple pathway programs of study that guide
pupils through course sequences leading to mastery of
standards, high school graduation, and transition to
postsecondary education or employment, including career
technical education (CTE) courses as defined by the
California State Plan for Career Technical Education;
c) Policies and agreements adopted by participating school
districts that promote concurrent enrollment and dual
credit with community colleges and universities;
d) Problem-based instructional methodologies, inquiry
learning approaches, and applied learning strategies within
all subject areas;
e) A requirement that pupil progress through high school is
determined by mastery of grade-level standards-based
performance benchmarks developed by the participating
school district;
f) Multiple pathway programs that are implemented by
participating school districts within the district's
existing state and local resources;
g) Involvement of local business, labor, parent, and
community partners to advise the district on the
development, implementation, and ongoing evaluation of the
pilot program;
h) Eligibility for waivers pursuant to this bill to more
efficiently operate and adapt to the needs of pupils and
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communities; and,
i) A requirement that participating school districts
receive priority for appropriate competitive grant funding
distributed by the CDE.
2)Authorizes a school district that maintains grades 9 to 12,
inclusive, to apply to the Superintendent of Public
Instruction (SPI) to operate a pilot program, and authorizes
the SPI to develop regulations necessary to implement the
provisions of this bill.
3)Requires CDE to review the applications and the SPI to
initially approve up to 20 applications, and additional
applications on an annual basis thereafter, and specifies that
the review and approval of applications shall be conducted on
a competitive basis and consideration shall be given to
factors related to the geographic diversity, type, and size of
a school district, and the extent to which a school district's
pilot program would receive financial and in-kind support from
the business and civic community or funding from government or
foundation grants.
4)Requires on or before January 18, 2018, the SPI to transmit a
report to the Legislature and the Governor that documents an
independent evaluation of the costs and merits of the pilot
program, and contains the SPI's recommendations regarding the
need for additional statutory changes to facilitate the
statewide expansion of the MPPP.
5)Authorizes the SPI, upon application of a school district and
for the operation of a multiple pathway program, to waive any
provisions of the Education Code other than those relating to
earthquake safety and the provisions of this bill.
EXISTING LAW:
1)Requires the SPI, in conjunction with specified parties, to
develop a report that explores the feasibility of establishing
and expanding additional multiple pathway programs in
California, including the costs and merits associated with
expansion of these programs, and states that multiple pathway
programs created for high schools may include, but are not
limited to, California partnership academies, regional
occupational centers and programs, charter schools, academies,
small learning communities, and other career-themed small
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schools.
2)Defines "multiple pathway program" as all of the following:
a) A multiyear, comprehensive high school program of
integrated academic and technical study that is organized
around a broad theme, interest area, or industry sector,
including, but not necessarily limited to, the industry
sectors identified in the CTE model standards adopted by
the SBE;
b) A program that ensures that all pupils have curriculum
choices that will prepare them for career entry and a full
range of postsecondary options, including two- and
four-year college, apprenticeship, and formal employment
training; and,
c) A program that is comprised, at a minimum, of the
following components:
i) An integrated core curriculum that meets the
eligibility requirements for admission to the University
of California (UC) and the California State University
(CSU) and is delivered through project-based learning and
other engaging instructional strategies;
ii) An integrated technical core of a sequence of at
least four related courses, that may reflect CTE
standards-based courses, that provide pupils with career
skills, that are aligned to and underscore academic
principles;
iii) A series of work-based learning opportunities that
begin with mentoring and job shadowing and evolve into
intensive internships, school-based enterprises, or
virtual apprenticeships; and
iv) Support services, including supplemental instruction
in reading and mathematics, that help pupils master the
advanced academic and technical content that is necessary
for success in college and career.
3)Requires the multiple pathways report to meet all of the
specified elements and make recommendations on specific
issues.
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4)Authorizes school districts to establish and maintain one or
more alternative schools within the district, defines
alternative school for this purpose, and authorizes the SPI,
for the operation of an alternative school, to waive any
provision of the Education Code, except as specified.
FISCAL EFFECT : Unknown
COMMENTS : Multiple pathway programs are high school programs
that seek to make core academic subjects more relevant and
engaging for pupils and are designed to provide access to
academic and technical study that is based on a broad theme or
an industry sector. The idea behind multiple pathways is to
integrate career based themes and content across all academic
subject areas in order to give students the opportunity to
access both core academic content and CTE without having to
choose one over the other. Multiple pathway programs are found
in several districts across the state in various forms; for
example some districts have implemented California Partnership
Academies (CPAs), small learning communities, or other
career-themed small schools. In most cases, these programs are
found at one or a few schools in one particular district however
this bill seeks to encourage the implementation of these
programs in all high schools of the MPPP participating school
districts.
A previously enacted measure, AB 2648 (Bass, Carter & Furutani),
Chapter 681, Statutes of 2008, required the SPI to develop, in
conjunction with specified individuals, a report to explore the
feasibility of expanding and establishing career multiple
pathway programs. According to the author, this bill "Is a
direct response to the Multiple Pathways to Student Success
report that the California Department of Education released in
2010, pursuant to AB 2648 - Chapter 681, Statutes of 2008." The
author further states, "In particular, the multiple pathways
approach has been identified as one of the most promising models
for high school transformation. Research has shown multiple
pathways-like programs have helped to turn around high school
achievement, graduation and job placement rates for high school
students matriculating through multiple pathways-like programs.
The pilot program established by AB 790 would build off that
success and resolve issues that make it challenging for multiple
pathways to thrive as a model of school improvement. The intent
is for each pilot high school to operate within a construct of
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greater flexibility with existing programmatic and fiscal
resources."
This bill establishes a multiple pathways pilot program for
purposes of implementing district-wide multiple pathway
approaches in participating school districts and specifies that
multiple pathway programs shall be implemented within the
participating district's existing state and local resources.
Additionally, this bill requires participating school districts
to receive priority for appropriate competitive grant funding
distributed by the CDE. According to the sponsor of this bill,
the SPI, no specific source of funding has been identified,
however the sponsor states that the intent is not to seek new
funding for purposes of this bill. Under the provisions of this
bill, participating school districts and any other district that
operates a multiple pathway program are eligible for Education
Code (EC) waivers by applying to the SPI to waive any provision
of the EC, except those related to earthquake safety.
The waiver provisions apply to districts other than just those
participating in the pilot program thus raising the question of
whether this policy may be too broad. Allowing the SPI to waive
any provision of the EC, begs the question as to whether the
Legislature would be interested in relinquishing its authority
to the SPI relative to which laws particular school districts
would not have to abide by. On the other hand, some may argue
that certain laws can make it prohibitive for districts to
implement multiple pathway programs, however no evidence has
been provided to demonstrate which specific provisions of the EC
are particularly problematic in implementing multiple pathway
programs. Furthermore, it is important to note that multiple
pathway or similar programs have been operating successfully
throughout the state within existing laws. For example, Laguna
Creek High School in Elk Grove has a very successful
Manufacturing Production Technology Academy; Health Professions
High School in Sacramento uses the theme of healthcare to
deliver instruction across subject areas; and the Stanley E.
Foster Construction Tech Academy at Kearny High Educational
Complex in San Diego provides students opportunities for
exploring careers in construction, architecture and engineering.
A process exists under current law, whereby a school district is
authorized to operate an alternative school and apply to the SPI
for a waiver of any provision of the EC for purposes of
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operating that alternative school. Should this Committee be
interested in studying or exploring which provisions of the EC
make it prohibitive for districts to develop and implement
multiple pathway programs, staff recommends an amendment to
delete Section 3 of the bill, and instead authorize only MPPP
participating districts to be eligible for a waiver under the
existing SPI waiver provisions. Since there is no additional
funding that participating districts would receive as part of
this pilot program, offering districts the opportunity to
receive EC waivers may provide an incentive for districts to
participate.
Reporting : This bill requires a report to be submitted to the
Legislature and the Governor that documents an independent
evaluation of the costs and merits of the pilot program. The
bill has little specificity on what measures will be used to
assess and evaluate the effectiveness or success of multiple
pathway programs. Staff recommends an amendment to specify that
at a minimum, the report shall include graduation and drop out
data, the number and percentage of participating pupils that are
eligible for admission to the University of California and
California State University and the number of students that are
employed upon high school graduation. While there is some
research that support the role of multiple pathway programs in
high school reform efforts, there is limited data to demonstrate
actual outcomes of these programs. This bill creates an
appropriate opportunity to collect data and demonstrate the
effectiveness of implementing district-wide multiple pathway
programs. In addition to outcome data, this bill should require
the report to include information on the waivers that are
granted for this purpose and a description of how the waivers
facilitate the operation of multiple pathway programs. This
can then provide the information necessary to assess and
evaluate what, if any, might be the statutory obstacles in
operating multiple pathway programs.
Additional technical amendments : The purpose of this pilot
program is to implement district-wide multiple pathway learning
approaches; however the bill does not define multiple pathway
program. Since there is already an existing definition of
multiple pathways in the EC, staff recommends that the bill be
amended to insert a cross-reference to EC Section 52372.5, which
defines "multiple pathway programs."
Arguments in support : The State Superintendent of Public
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Instruction, the sponsor of the bill, writes, " . . the multiple
pathways approach has been identified as one of the most
promising models for high school transformation. However, we
have yet to fully capitalize on its potential. While it is
unlikely the state will emerge from the current economic crisis,
and budget shortfalls in the near future, this should not
dissuade us from pursuing a promising model of secondary school
reform that can be built within existing program and fiscal
resources."
Related legislation : AB 1330 (Furutani) 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 and
sunsets these provisions on January 1, 2017. AB 1330 is pending
in this Committee.
AB 1304 (Block) authorizes the Commission on Teacher
Credentialing (CTC) to convene a workgroup to develop program
standards for the issuance of a recognition of study for linked
learning competence for holders of a single subject credential
that will be teaching pupils enrolled in linked learning
programs, defined as multiple pathway programs. AB 1304 is
pending in this Committee.
Previous legislation : AB 2172 (Carter) of 2010 requires the SPI
to convene an advisory board that includes specified parties to
review the recommendations of a report required pursuant to
existing law, and advise the SPI on the implementation of those
recommendations. AB 2172 was held in the Assembly
Appropriations Committee suspense file.
AB 2445(Furutani) of 2010 requires the SPI to report to the
Legislature, by December 31 of each year, on the status of the
advisory board that is established by AB 2172 (Carter) of the
2009-2010 legislative session, and makes several findings and
declarations relative to multiple pathway programs and the
enactment of AB 2648 (Bass, Carter, Furutani), Chapter 681,
Statutes of 2008. AB 2445 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.
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REGISTERED SUPPORT / OPPOSITION :
Support
State Superintendent of Public Instruction (Co-sponsor)
Los Angeles Area Chamber of Commerce (Co-sponsor)
California Association of Leaders for Career Preparation (If
amended)
Lieutenant Governor Gavin Newsom
Silicon Valley Leadership Group
Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087