BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 835
                                                                  Page  1

          Date of Hearing:   March 29, 2011

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                   AB 835 (Mitchell) - As Amended:  March 21, 2011
           
          SUBJECT  :  Community colleges:  Economic and Workforce 
          Development Program. 

           SUMMARY  :  Authorizes several specified practices for programs 
          developed under the Career Technical Education (CTE) Pathways 
          Initiative (SB 70, Scott, Chapter 352, Statutes of 2005), as 
          follows:

          1)Authorizes a CCC district to enroll a high school pupil who is 
            not a resident of that CCC district and provides that the CCC 
            district shall not be subject to any other geographic 
            limitations for the program.

          2)Authorizes a CCC to grant academic credit to a high school 
            pupil if the program meets the criteria of existing courses 
            and is conducted as a part of contract education or similar 
            process. 

          3)Establishes that the Dean of the Economic and Workforce 
            Development Program of the CCC shall have authority over 
            fiscal management for programs that serve students in multiple 
            CCC districts.

          4)Requires a school district or CCC that participates in a 
            program to accept fingerprint verification, as required under 
            existing law for specified persons providing services in 
            school districts, by another district participating in the 
            program.

          5)Establishes that programs are deemed to meet criteria for dual 
            enrollment of a high school pupil in a CCC as established in 
            existing law. 

           EXISTING LAW  :  

          1)Establishes the CTE Pathways Initiative, requiring the Board 
            of Governors (BOG) of the CCC to assist economic and workforce 
            regional development centers and consortia to improve CTE 
            education pathways between high schools and CCC and requiring 








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            the CCC Chancellor to develop, implement and report on a 
            strategy for CTE Pathway Initiative program objectives and 
            outcomes.

          2)Establishes several requirements and parameters for high 
            school students wishing to enroll in CCC courses 
            (concurrent/dual enrollment), including requiring principal 
            recommendation and parental consent, establishing limitations 
            on the number of students enrolled during summer school and in 
            physical education courses, providing that in order for CCCs 
            to receive state funding courses must be open to the public, 
            and requiring reporting on concurrent/dual enrollment students 
            from the CCC Chancellor's Office.     

          3)Establishes, through state law and implementing regulations, 
            the CCC BOG as the entity responsible for approval of CCC 
            academic programs and setting minimum standards for credit and 
            noncredit courses.   

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   Double-Referral  :  This bill has been double-referred 
          to the Assembly Education Committee.   
           
          CTE Pathways Initiative  :  The CTE Pathways Initiative, 
          established by SB 70 in 2005, provided funding to be dispersed 
          by the CCC Chancellor's Office and the California Department of 
          Education (CDE) to CCC and K-12 districts to support programs 
          that strengthen students' academic and career readiness.  As of 
          July 30, 2010, CTE Pathways Initiative funding totaled 
          approximately $188 million.  All regions of the state have 
          received grant support.  Based on available data, this funding 
          has helped created or enhance at least 5,134 CTE partner 
          organizations, 342,957 skills training or upgrades to students, 
          and 16,806 teachers, counselors and staff have participated in 
          trainings or externships. 

          Over the past five years, grants have been awarded in two broad 
          categories:

          1)Coordinated regional or local implementation grants that 
            support linkages as well as capacity building between and 
            among middle schools, high schools, Regional Occupational 
            Center Programs, CCCs, industry and other organizations to 
            develop coordinated programs serving students, faculty and/or 








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            other stakeholders.

          2)Statewide infrastructure grants that strengthen California's 
            CTE infrastructure and support capacity building, including 
            research and development. 

           California Partnership Academies (CPAs)  :  Among the various 
          programs supported by the CTE Pathways Initiative funding are 
          CPAs, the state's longstanding pathways model to provide 
          students in grades 10-12 with integrated academic and career 
          technical instruction, including mentoring and internships, by 
          way of school district/business partnerships.  Under existing 
          law, at least half of the students in a CPA must be at-risk 
          youth.  CPAs are structured as a school within a school, each 
          CPA creates a close, family-like atmosphere with an emphasis on 
          student achievement and goals of postsecondary education and 
          refined career plans.  Students must apply, be interviewed and 
          selected on the basis of need and interest.  CTE Pathways 
          Initiative Grants have supported the continuation and expansion 
          of existing CPAs as well as the creation of new CPAs.  Currently 
          there are close to 500 CPAs throughout the state.       

           Purpose of this bill  :  The author has introduced this bill in 
          response to concerns raised by the sponsor, the Environmental 
          Academy Boosters.  According to the sponsor, this bill seeks to 
          remove statutory and regulatory barriers in order to permit high 
          school students to earn CCC credit through intensive workshops 
          that serve and bring together diverse student populations in 
          geographically diverse locations for training that may not fit 
          the traditional concept for CTE Pathways Initiative programs.   

           CCC district boundaries  :  This bill would authorize, for 
          purposes of specified CTE Pathways Initiative programs, a CCC 
          district to enroll a high school pupil who is not a resident of 
          that CCC district and would exempt the CCC district from any 
          other geographic limitations.  Committee staff understands from 
          the sponsor that these provisions are necessary to ensure that 
          CCCs can participate in CTE Pathways Initiative programs that 
          draw statewide students and include courses held at locations 
          throughout the state.

           Academic credit  :  This bill would authorize a CCC to grant 
          academic credit for specified CTE Pathways Initiative programs 
          if the program meets the criteria of existing courses and is 
          conducted as a part of contract education or similar process.  








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          Existing law already establishes a clear process for CCCs to 
          follow when seeking to offer programs and courses for academic 
          credit.  Through regulation, CCC BOG requires that any course 
          offered for credit be reviewed for, among other things, 
          curriculum standards and appropriateness to mission and approved 
          by the college curriculum committee, the CCC district governing 
          board and the Career Technical Education Regional Consortia, 
          when applicable.  Further, CCCs are provided with processes for 
          alternative methods of granting credit, primarily through 
          examinations and articulation with high school courses.  These 
          regulations and procedures provide uniform practices among the 
          112 CCCs and ensure that the awarding of academic credits is 
          aligned with curriculum standards.  This provision of the bill 
          would potentially provide CCCs with broad new authority to award 
          credit for CTE Pathways Initiative programs, the awarding of 
          credit could differ greatly among CCCs.  While the provision 
          does require programs approved for credit to meet with existing 
          course requirements, it is unclear how this determination would 
          be made.  Based on the lack of clarity regarding the need of 
          this provision, and the existing process available to districts, 
          committee staff recommends that this provision of the bill be 
          removed.    

           Fiscal management  :  This bill would establish the Dean of the 
          CCC Economic and Workforce Development Program as the fiscal 
          manager for programs that serve students in multiple CCC 
          districts.  According to the sponsor, it has become problematic 
          for programs where a single CCC becomes fiscal agent to get 
          funds released for activities that do not have a direct benefit 
          for that CCC or its service area.  However, Committee staff 
          understands from conversations with the CCC Chancellor's Office 
          staff that programs seeking funding through the CTE Pathways 
          Initiative identify in their initial grant application the types 
          of projects that will be funded and the entity that will act as 
          the fiscal agent.  Additionally, the CCC Chancellor's Office 
          indicates that it is unprecedented for a specific CCC Dean to be 
          named in statute as this bill proposes; such authority is 
          historically given to the CCC Chancellor or the CCC BOG.  
          Committee staff recommends that this provision be removed at 
          this time and that discussions surrounding the need for an 
          independent fiscal manager continue should the bill move 
          forward.         

           School district fingerprinting  :  This bill would require school 
          districts to accept fingerprint verifications performed by other 








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          school districts, as specified.  As previously noted, this bill 
          is double referred to the Assembly Education Committee.  This 
          provision falls within their jurisdiction.  However, committee 
          staff notes that the code section cross-referenced in this 
          provision of the bill is incorrect.  Page 4, line 9 should be 
          amended to read "Section 45125.  0  1".      

           Concurrent enrollment  :  This bill would establish that CTE 
          Pathways Initiative programs under this bill are deemed to meet 
          the criteria for concurrent enrollment.  According to the 
          sponsor, this provision is necessary to ensure that CTE Pathways 
          Initiative program course offerings funded through full-time 
          equivalent students (FTES) allocations can continue to claim 
          funding for instructional time done within the high school 
          classroom.  Existing law establishes numerous provisions 
          intended to prevent abuses of concurrent enrollment, among those 
          provisions is the requirement that courses be open to the public 
          in order for CCCs to claim FTES funding, and that courses 
          offered in high schools be offered during hours that ensure 
          access to members of the general public.  If the author/sponsor 
          intends to exempt these specified CTE Pathways Initiative 
          programs from  only  the open course requirements of concurrent 
          enrollment law, then the bill should be amended to reflect that 
          intent.  
          
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          NORCAL Environmental Student Network

           Opposition 
           
          None on File
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 
          319-3960