BILL ANALYSIS                                                                                                                                                                                                    �






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                            2013-2014 Regular Session
                                         

          BILL NO:       SB 923
          AUTHOR:        Pavley
          AMENDED:       March 26, 2014
          FISCAL COMM:   Yes            HEARING DATE:  April 2, 2014
          URGENCY:       No             CONSULTANT:Lenin Del Castillo

           SUBJECT  :  Educational apprenticeships.
          
           SUMMARY 

          This bill would establish the Educational Apprenticeship  
          Innovation Act whereby competitive grants would be awarded to  
          applicant school districts, county offices of education,  
          charter schools, and community colleges for purposes of  
          promoting apprenticeships, preapprenticeships, and career  
          pathways.  

           BACKGROUND  

          AB 86 (Committee on Budget), Chapter 48, Statutes of 2013,  
          created the California Career Pathways Trust and provided  
          $250 million to school districts, county superintendents of  
          school, charter schools, and community college districts in  
          the form of one-time competitive grants. Grants are available  
          for K-14 career pathways programs that accomplish the  
          following:

             1)   Fund specialists in work-based learning, as defined  
               in Section 51760.1 of the Education Code, to convene,  
               connect, measure, or broker efforts to establish or  
               enhance a locally defined career pathways program that  
               connects school districts, county superintendents of  
               schools, charter schools, and community colleges with  
               business entities.


             2)   Establish regional collaborative relationships and  
               partnerships with business entities, community  
               organizations, and local institutions of postsecondary  
               education.





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             3)   Develop and integrate standards-based academics with  
               a career-relevant, sequenced curriculum following  
               industry-themed pathways that are aligned to high-need,  
               high-growth, or emerging regional economic sectors. 


             4)   Provide articulated pathways to postsecondary  
               education aligned with regional economies.

          Leverage and build on specified elements, including existing  
          structures, requirements, and resources of the Carl D.  
          Perkins, California Partnership Academies, and regional  
          occupational programs, including staff knowledge, community  
          relationships, and course development. 

          Existing law establishes the Career Technical Education  
          Pathways Program until June 30, 2015, and requires the  
          California Community Colleges (CCC) Board of Governors to  
          assist economic and workforce regional development centers  
          and consortia, community colleges, including middle schools,  
          high schools, and regional occupational centers and programs  
          (ROCPs) to improve linkages and career technical education  
          pathways between high schools and community colleges.   
          (Education Code � 88530 et. seq.)

          Existing law establishes various career technical education  
          (CTE) programs for public schools including ROCPs that allow  
          students from multiple schools or districts to participate in  
          career technical training programs regardless of the  
          geographical location of their residence in a county or  
          region.  Existing law authorizes the following types of ROCP  
          operational models:  county ROCP, joint powers agency ROCP,  
          and a single district ROCP. 
          (Education Code � 52301 et. seq.)  

          ANALYSIS
           
          This bill:

          1)   Provides various findings and declarations of the  
               Legislature, including reference to a report by the  
               United States Bureau of Labor Statistics that the  
               unemployment rate of Californians between 16 and 24  
               years of age stood at 20.2 percent, which is the fourth  
               highest in the nation.




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          2)   Establishes the Educational Apprenticeship Innovation  
               Act for purposes of promoting apprenticeships,  
               preapprenticeships, and career pathways between local  
               educational agencies, institutions of higher education,  
               and businesses of importance to local economies.  Grants  
               for the Educational Apprenticeship Innovation Prize  
               (EdPrize) are required to be distributed on a  
               competitive basis.

          3)   Requires the Superintendent of Public Instruction (SPI)  
               to convene a committee to establish criteria for  
               awarding the EdPrize grants and administer the program.   
               Members of the committee are required to serve at the  
               pleasure of the appointing authority include the SPI, or  
               his or her designee, who serves as the chairperson, a  
               member appointed by the Senate Committee on Rules, a  
               member appointed by the Speaker of the Assembly, and  
               others, as specified.

          4)   Requires the committee to use, at minimum, all of the  
               following criteria to determine the competitive value of  
               an application: 

                    a)             The ability of the proposed program  
                    to provide at least two years of apprenticeship,  
                    preapprenticeship, or other forms of workforce  
                    training to eligible high school pupils in grades  
                    11 and 12 or the ability to provide eligible high  
                    school pupils with a career and educational  
                    pathways to a campus of the California Community  
                    Colleges. 

                    b)             The ability to place eligible high  
                    school pupils in apprenticeships,  
                    preapprenticeships, internships, and work-place  
                    learning environments in fields determined to be of  
                    local economic importance, as determined through  
                    data and evidence-driven analysis. 

                    c)             The ability of the proposed program  
                    to provide eligible high school pupils with the  
                    opportunity to work in an economic sector with  
                    gainful employment opportunities or academic  
                    pathways that lead to either a certificate or an  
                    associate degree.




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                    d)              The ability of the proposal to  
                    address the needs of the local or regional labor  
                    market and help competitive and emerging industry  
                    sectors and industry clusters, or to address the  
                    state's need to fill skills gaps and skills  
                    shortages in the economy, including skills gaps and  
                    shortages at the regional level. 

                    e)             An assessment of the past  
                    performance of the applying entities if the agency  
                    has been awarded other economic and workforce  
                    development grants or other state grants, including  
                    an assessment of whether the grantee's previous  
                    awards produced project deliverables specified in  
                    prior grant applications.

                    f)             The ability to create a written  
                    agreement among the applicant entities, the  
                    participating eligible high school pupils or their  
                    parents, and participating employers in order to  
                    ensure commitment to the pupil's academic and  
                    professional success, and ensure the successful  
                    completion of the apprenticeship,  
                    preapprenticeship, work-based learning program, or  
                    educational pathway.

                    g)             The ability to provide participating  
                    eligible high school pupils with a worksite mentor  
                    to help train, guide, and supervise the pupil. 

          5)   Requires grants to be distributed over a five-year  
               period in the following amounts: 

                    a)             First place grant recipient: seven  
                    hundred fifty thousand dollars ($750,000) per  
                    fiscal year. No more than one applicant shall  
                    receive the first place grant in any fiscal year.

                    b)              Second place grant recipients:  
                    three hundred seventy-five thousand dollars  
                    ($375,000) per fiscal year. No more than two  
                    applicants shall receive the second place grant in  
                    any fiscal year. 

                    c)             Third place grant recipients: one  




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                    hundred twenty-five thousand dollars ($125,000) per  
                    fiscal year. No more than four applicants shall  
                    receive the third place grant in any fiscal year. 

          6)   Requires the grants to be used to support the  
               instructional, material, labor, regulatory, and  
               administrative costs of the apprenticeship,  
               preapprenticeship, work-based learning, or educational  
               pathway. During the first fiscal year of allocation, the  
               grants may be used for planning purposes or to establish  
               and formalize partnerships among the applicant entities,  
               local businesses, and postsecondary educational  
               institutions. 

          7)   Requires an entity applying for funding to form a  
               committee to survey and evaluate local skilled workforce  
               needs. This committee shall include all of the  
               following: representatives of business organizations, a  
               representative from the local Workforce Investment Board  
               in whose territory the school is located, a  
               representative of the local county office of education,  
               representatives from the faculty and administrative  
               staff of local elementary, secondary, and postsecondary  
               educational institutions, a member to represent parents,  
               and a member to represent pupils. 

          8)   Upon receiving grant funding through the EdPrize  
               program, requires the applicant entity to employ a  
               supervisor to evaluate business workforce needs and  
               pupil outcomes. The supervisor shall be responsible for  
               all of the following:

                    a)             Making recommendations for  
                    coordinating the curriculum and pupil services in a  
                    way that addresses business workforce needs and  
                    maximizes pupil outcomes.
                        
                    b)             Ensuring the transferability of  
                    course credits and adherence to statewide  
                    standards.

                    c)             Establishing an outreach program for  
                    pupils in grades 8, 9, and 10. 

                    d)             Ensuring that the curriculum  
                    includes coursework that is applicable to a  




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                    certificate program, or to a two-year degree  
                    program. 

          9)   Requires a grant recipient to submit a report to the  
               State Department of Education, the Senate Committee on  
               Education, and the Assembly Committee on Education  
               annually during the lifetime of the grant. These reports  
               shall include, but not necessarily be limited to,  
               information on all of the following: 

                    a)             Apprenticeships, preapprenticeships,  
                    and work-based learning programs the applicant  
                    entities offered, the economic sector and targeted  
                    workforce need, and the participating employer or  
                    employers. 

                    b)             An assessment of the educational and  
                    training goals, the projected numbers of pupils and  
                    workers served and the projected rates of course  
                    and program completion, and the projected wages and  
                    rate of employment placement for those entering the  
                    labor market.

                    c)              An assessment of the purported  
                    beneficial impacts on participating businesses,  
                    which may include a review of the grant's purported  
                    impacts on any either of the following: increased  
                    labor productivity, and or personnel or workforce  
                    needs addressed through the apprenticeship,  
                    preapprenticeship, or work-based learning program. 

                    d)             An assessment of the educational  
                    attainment of the pupils served, including the  
                    percentage who earned a certificate or associate's  
                    degree, transfer-readiness, and the projected rate  
                    of skills attainment for certificates and degrees. 

                    e)             The long-term viability of the  
                    apprenticeship, preapprenticeship, work-based  
                    learning program, or educational pathway  
                    established under this article, ability to attract  
                    material, in-kind, or financial support from  
                    private and philanthropic sources, areas for  
                    improvement, and possible expansion into other  
                    economic sectors of local importance. 





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          10)  Makes various definitions, as specified.

          11)  Appropriates the sum of ten million dollars  
               ($10,000,000) from the Career Pathways Trust (CPT) Fund  
               to the State Department of Education, without regard to  
               fiscal year, for the funding of grants issued pursuant  
               to the Educational Apprenticeship Innovation Prize  
               program. 

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author's office,  
               youth unemployment is one of the most serious challenges  
               to California's economic recovery.  Job prospects are  
               especially dim for those who have not yet earned a  
               college degree, those who do not plan on going to  
               college, or who lack practical work experience.  This  
               lack of opportunity holds young people back from fully  
               participating in society and can result in greater  
               reliance on social welfare and higher public safety  
               costs.  The author's office indicates that youth  
               individuals need opportunities to learn vital job skills  
               and succeed professionally.  Further, they indicate that  
               one of the best ways to equip young people with  
               professional skills is to incorporate apprenticeships,  
               pre-apprenticeships, and other forms of work-based  
               learning into the school curriculum.      

           2)   Career Pathways Trust applications  .  As of the date of  
               this analysis, 275 letters of intent for CPT funds have  
               been submitted to the State Department of Education and  
               the deadline for submitting applications recently  
               expired at the end of March 2014.  The review process  
               for these applications is underway and scheduled for  
               completion by May 23rd when the grant recipients will be  
               announced.  It is unclear at this point whether the  
               entire $250 million in CPT funds will be fully  
               encumbered for the first round of applications or if  
               there will be subsequent application cycles.  

           3)   Impact on the Career Pathways Trust  ?  This bill would  
               appropriate $10 million of the $250 million in CPT funds  
               but fails to specify whether this amount would be  
               prioritized over existing or future grantees, the  
               applications currently being reviewed, or any subsequent  
               applications.  To the extent that the bill is  




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               interpreted to require the $10 million to be  
               appropriated without regard to the existing or future  
               grantees and applications, this bill could interfere  
               with the implementation of the Career Pathways Trust  
               (CPT) and potentially prevent qualified applications  
               from being funded.  Given that the CPT is in its'  
               infancy stage and the State Department of Education  
               cannot determine whether any of the $250 million in CPT  
               funds will be available after the initial grant cycle,  
               it is premature to carve out any set-aside for other  
               purposes.  Therefore, staff recommends that the bill be  
               amended to remove the appropriation and provide that the  
               bill's provisions shall be operative only in fiscal  
               years for which funds have been appropriated for those  
               purposes, including, but not limited to, an additional  
               appropriation (separate from the $250 million included  
               in the 2013-14 Budget Act) made available for the CPT.

           4)   Local Control Funding Formula  .  The 2013-14 Budget Act  
               restructured the existing K-12 finance system and  
               eliminated over 40 existing programs while implementing  
               a new formula known as the Local Control Funding Formula  
               (LCFF).  The LCFF consolidates the vast majority of  
               state categorical programs, including virtually all  
               career technical education programs, and revenue limit  
               apportionments into a single source of funding.  Certain  
               categorical programs, including Special Education, Child  
               Nutrition, Preschool, and After School programs, are  
               excluded.  In addition, the statutory and programmatic  
               requirements for almost all categorical programs were  
               eliminated-the programs would be deemed "discretionary"  
               and programs in any of these areas would be dependent on  
               local district discretion.  

           5)   Maintenance of effort for ROCPs  .  The newly implemented  
               LCFF rolls funding for regional occupational centers and  
               programs (ROCPs) into the new formula.  However, for the  
               2013-14 and 2014-15 fiscal years only, current law  
               requires school districts and county superintendents,  
               including joint powers agencies, who spent funds for  
               ROCPs in 2012-13 to expend no less funding for those  
               programs.  

           6)   Related and previous legislation  :  

               AB 86 (Committee on Budget), Chapter 48, Statutes of  




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               2013, established the California Career Pathways Trust  
               and appropriated $250 million in one-time competitive  
               grants for its purposes.

               SB 1070 (Steinberg), Chapter 433, Statutes of 2012,  
               established the Career Technical Education Pathways  
               Program to improve linkages and career technical  
               education pathways between high schools and community  
               colleges.

           SUPPORT  

          American Federation of State, County and Municipal Employees

           OPPOSITION

           None on file.