BILL NUMBER: AB 2352 CHAPTERED
BILL TEXT
CHAPTER 817
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 1998
APPROVED BY GOVERNOR SEPTEMBER 24, 1998
PASSED THE ASSEMBLY AUGUST 11, 1998
PASSED THE SENATE AUGUST 6, 1998
AMENDED IN SENATE JUNE 18, 1998
AMENDED IN ASSEMBLY MAY 27, 1998
AMENDED IN ASSEMBLY APRIL 28, 1998
INTRODUCED BY Assembly Member Woods
FEBRUARY 20, 1998
An act to amend Sections 12800 and 12803 of, and to repeal and add
Section 12806 of, the Government Code, and to amend Section 15037.1
of the Unemployment Insurance Code, relating to human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2352, Woods. Human services.
Existing law provides for the Health and Welfare Agency, which
includes various state departments charged with the administration of
health, social, and other human services. This agency is headed by
the Secretary of the Health and Welfare Agency.
This bill would change the name of this agency to the California
Health and Human Services Agency, and the title of the head of that
agency to the Secretary of the California Health and Human Services
Agency.
Existing law requires the State Job Training Coordinating Council
to be responsible for developing an education and job training report
card program to assess the accomplishments of California's work
force preparation system.
Existing law requires, by January 1, 2001, a subcommittee of that
council, or an entity contracting with that subcommittee, to operate
a performance-based accountability system that matches social
security numbers of former participants in state education and
training programs with information in files of state and federal
agencies that maintain employment and educational records and that
identifies the occupations of those participants.
This bill would add to the list of programs required to be
included in this performance-based accountability system, programs in
receipt of funds from basic rehabilitation services, as defined
under the federal Vocational Rehabilitation Act of 1973, as amended.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12800 of the Government Code is amended to
read:
12800. There are in the state government the following agencies:
State and Consumer Services; Business, Transportation and Housing;
California Environmental Protection; California Health and Human
Services; Resources; Trade and Commerce; and Youth and Adult
Correctional.
Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services
Agency."
Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of the Business,
Transportation and Housing Agency."
Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of the California Health
and Human Services Agency."
SEC. 2. Section 12803 of the Government Code is amended to read:
12803. (a) The California Health and Human Services Agency
consists of the following departments: Health Services; Mental
Health; Developmental Services; Social Services; Alcohol and Drug
Abuse; Aging; Employment Development; Rehabilitation; and Community
Services and Development.
(b) The agency also includes the Office of Statewide Health
Planning and Development and the State Council on Developmental
Disabilities.
SEC. 3. Section 12806 of the Government Code is repealed.
SEC. 4. Section 12806 is added to the Government Code, to read:
12806. (a) The California Health and Human Services Agency shall
succeed to, and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the Health and Welfare
Agency.
(b) The Secretary of the California Health and Human Services
Agency shall succeed to, and is vested with, all the duties, powers,
purposes, responsibilities, and jurisdiction vested in the Secretary
of the Health and Welfare Agency.
SEC. 5. Section 15037.1 of the Unemployment Insurance Code is
amended to read:
15037.1. (a) The state council shall be responsible for
developing an education and job training report card program to
assess the accomplishments of California's work force preparation
system.
(1) A subcommittee of the state council shall be established for
this purpose.
(2) The subcommittee shall be comprised of three private sector
members of the state council, the director of the department, the
Superintendent of Public Instruction, the Chancellor of the
California Community Colleges, or their designees, and
representatives of programs that are to be measured under the report
card program.
(3) The subcommittee shall be responsible for designing and
implementing, or contracting with an operating entity for the
implementation of, a system that can compile, maintain, and
disseminate information on the performance of providers, programs,
and the overall work force preparation system.
(b) By January 1, 2001, the subcommittee or an operating entity
under contract to the subcommittee shall operate a comprehensive
performance-based accountability system that matches the social
security numbers of former participants in state education and
training programs with information in files of state and federal
agencies that maintain employment and educational records and
identifies the occupations of those former participants whose social
security numbers are found in employment records.
(c) This system shall measure the performance of state and
federally funded education and training programs. Programs to be
measured shall include programs in receipt of funds from the Job
Training Partnership Act, the Carl D. Perkins Vocational Education
Act, the Job Opportunities and Basic Skills program, the Food Stamp
Employment and Training program, the Wagner Peyser Act, the
Employment Training Panel, adult education programs as defined by
paragraph (9) of subdivision (b) of Section 10521, basic vocational
rehabilitation services, as defined by Title 1, Part B of the federal
Vocational Rehabilitation Act of 1973, as amended (29 U.S.C. Sec.
701 et seq.), vocational education programs, and certificated
community college programs.
(d) Job training and education providers receiving funding
identified in subdivision (c) shall, to the extent permitted by
federal law, request social security numbers from each participant in
a work force preparation program and shall report to the
subcommittee or an operating entity under contract to the
subcommittee, as the case may be, on participant social security
numbers and economic and demographic characteristics, including, but
not limited to, age, gender, race or ethnicity, and education
achievement. The state council shall establish the acceptable format
and timeframes for data submission.
(e) The Superintendent of Public Instruction shall ensure that
local education agencies that operate programs specified in
subdivision (c) issue the following notice to all participants in
work force preparation programs:
"PRIVACY NOTICE
Section 15037.1 of the Unemployment Insurance Code, allows job
training and education providers to solicit your social security
number and other personal information from you to find out if the
education or training program you are enrolled in is meeting its
goals of preparing individuals for employment.
The information that can be requested includes:
* Your social security number.
* Demographic information (such as your age,
ethnicity, and educational achievement level).
* Information about the kinds of services you were provided
(such as the type of training received, length of training,
and completion dates).
Any information gathered about you will be summed up by the
State Job Training Coordinating Council along with the same
kinds of information about others to determine the success of
the programs you are enrolled in. You will not be individually
identified in any reports made to the public.
You may decide whether or not to provide your social security
number and other demographic and program information for the
purposes identified in this notice. It is voluntary. If you
do not wish to provide this information you can still receive
services.
If you are under 18, your parent or guardian should sign this
form:
_____________________________________
Name of participant
My signature means that I have been informed of the ways the
social security number and other information will be used and
that I have made a voluntary decision to provide the social
security number and other information.
____________________________________________ ____________
Signature of participant (or parent or Date
guardian if participant is under 18)
My signature means that I have been informed of the ways the
social security number and other information will be used and
that I have made a voluntary decision NOT to provide the social
security number and other information.
____________________________________________ ____________
Signature of participant (or parent or Date
guardian if participant is under 18)
A copy of the record or information to be released may be
requested by the participant by submission of a request in
writing."
(f) The Superintendent of Public Instruction may modify the
Privacy Notice set forth in subdivision (e) in order to comply with
federal privacy law with prior notice to the Assembly Committee on
Labor and Employment and the Senate Committee on Industrial
Relations.
(g) The system shall be designed to measure factors such as:
(1) Amount and source of funding.
(2) Program entrance and successful completion rates.
(3) Employment and wage information for one and three years after
completion of training.
(4) The relationship of training to employment.
(5) Academic achievement for one and three years after completion
of training.
(6) Achievement of industry skill standard certifications, where
they exist.
(7) Return on public investment.
(h) Based upon the information compiled pursuant to this section,
the subcommittee or an operating entity under contract to the
subcommittee, as the case may be, shall, by December 31, 1997, and
each December 31 thereafter, do all of the following:
(1) Prepare and disseminate report cards for all training and
education providers in receipt of funds included in the tracking
system.
(2) Prepare and disseminate local and statewide report cards that
measure the outcomes of the individual programs that operate as part
of the work force development system.
(3) Prepare and disseminate a state report card that measures the
performance of the entire system of work force preparation and the
effectiveness of the system in meeting employers' needs for educated
and trained workers and the clients' needs for improving their
economic well-being.
(i) The state council shall develop objective performance
standards emphasizing the principles of continuous improvement for
the programs covered under this section, and a system of sanctions
and incentives to encourage performance that meet these standards.
(j) The state council shall explore the feasibility of including
the following persons in this system:
(1) Attendees at private postsecondary institutions.
(2) Recipients of federal student loans.
(3) Recipients of Pell grants.
(4) Pupils in grades 11 and 12.
(5) Students enrolled in any community college, California State
University, or University of California program.
(k) The sole purpose of this section is to assess the performance
of state and federal employment and training providers and programs
in preparing Californians for the work force. Collection and use of
social security numbers pursuant to this section shall be consistent
with the requirements of Section 7 of the federal Privacy Act of 1974
(P.L. 93-579) and Section 405(c)(2)(C) of Title 42 of the United
States Code. Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, or any other
provision of law, the social security number of any person obtained
pursuant to this section is not a public record, and shall not be
disclosed except for the purpose of this section. Information
obtained pursuant to this section shall not be sold or distributed to
any entity without prior consent from the individual, or his or her
parent or guardian, with respect to whom the information is gathered.
This subdivision does not prohibit the exchange of information with
other governmental departments and agencies, both federal and state,
that are concerned with the administration of work force development
programs. Neither the subcommittee nor an operating entity under
contract to the subcommittee, as the case may be, may make public any
information that could identify an individual or his or her
employer.
(l) An education and training program that requires information
gathered by the education and job training report card program shall
use the report card program and shall not initiate automated matching
of records in duplication of methods already in place as a result of
the report card program.
(m) Funding for the development and maintenance of the education
and job training report card program shall be made available on a
shared basis by the programs the report card program is measuring, to
the extent authorized by federal and state law. The subcommittee,
or the operating entity under contract to the subcommittee, shall
have the authority to assess each of the programs with an appropriate
share of the costs of the report card program. Administrative funds
currently used for program followup activities for the identified
programs shall be redirected for this purpose, if authorized by
federal law.
(n) The state council shall apply for any federal waivers that may
be necessary to implement this section.