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AB-1743 California Career Technical Education Incentive Grant Program.(2017-2018)

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Date Published: 05/26/2018 10:00 AM
AB1743:v96#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 11, 2018
Amended  IN  Assembly  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1743

Introduced by Assembly Members O’Donnell, Burke, Chávez, Cunningham, McCarty, Quirk-Silva, and Thurmond
(Coauthors: Assembly Members Arambula, Baker, Berman, Cervantes, Chen, Fong, Frazier, Gallagher, Gipson, Gonzalez Fletcher, Grayson, Low, Mathis, Mayes, Mullin, Patterson, Rodriguez, Steinorth, Voepel, and Waldron)
(Coauthors: Senators Bates, Moorlach, Nguyen, and Wilk)

January 03, 2018

An act to amend Sections 53070, 53071, 53073, 53075, and 53076 of, and to add Sections 53076.1 and 53076.2 to, the Education Code, relating to career technical education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1743, as amended, O’Donnell. California Career Technical Education Incentive Grant Program.
Existing law establishes the California Career Technical Education Incentive Grant Program, administered by the State Department of Education, with the purpose of encouraging and maintaining the delivery of career technical education programs during implementation of the school district and charter school local control funding formula. Existing law appropriates specified amounts for the program from the General Fund for the 2015–16, 2016–17, and 2017–18 fiscal years, and provides minimum eligibility standards for grant applicants.
This bill would instead specify that the purpose of the program is to encourage and maintain the delivery of high-quality career technical education programs. The bill would specify that, upon appropriation by the Legislature, $500,000,000 shall be made available for the program to the department each year for the 2018–19 fiscal year and each fiscal year thereafter, and would require a grant applicant to demonstrate a proportional dollar-for-dollar match for a grant award for those fiscal years. The bill would, among other things, add to the minimum eligibility standards that a grant applicant demonstrate that it provides opportunities for pupils to participate in leadership development opportunities and career and technical education student organizations, and provides opportunities for pupils who are individuals with exceptional needs to participate in all of the grant applicant’s programs. The bill would revise reporting requirements for program participants, and would require the Superintendent of Public Instruction to evaluate and deem successful a grant recipient’s program as a condition of receiving a renewal grant.
Existing law requires the department and the State Board of Education to give positive consideration for specified characteristics when determining grant recipients, including that the applicant did not operate a career technical education program during the 2014–15 fiscal year.
This bill would eliminate the requirement that the department and state board give positive consideration to an applicant that did not operate a career technical education program during the 2014–15 fiscal year. The bill would require, instead of authorize, the Superintendent to take certain actions for purposes of administering the program, including that the Superintendent also determine, in collaboration with the executive director of the state board, the allocation formula, the purposes for which grant funds may be used, and allowable and nonallowable expenditures.
The bill would provide that, commencing with the 2018–19 fiscal year, and each fiscal year thereafter, $12,000,000 would be made available, upon appropriation, to the department to provide regional career technical education coordinators for the provision of technical assistance and support to local educational agencies in implementing career technical education courses, programs, and pathways. The bill would specify certain duties of the regional career technical education coordinators. The bill would further provide that the Superintendent would determine the distribution of funding for the provision of these regional career technical education coordinators on the basis of average daily attendance of the K–12 public schools in a county.
The bill would require the Superintendent to evaluate the progress of the California Career Technical Education Incentive Grant Program in achieving the goals of the program, and identify appropriate changes to the program no later than June 30, 2021, and no later than June 30 every 3 years thereafter. The bill would require the Superintendent to submit the progress report to the Legislature, the Department of Finance, and the Governor, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53070 of the Education Code is amended to read:

53070.
 (a) The California Career Technical Education Incentive Grant Program is hereby established as a state education, economic, and workforce development initiative with the goal of providing pupils in kindergarten and grades 1 to 12, inclusive, with the knowledge and skills necessary to transition to employment and postsecondary education. The purpose of this program is to encourage and maintain the delivery of high-quality career technical education programs.
(b) There is hereby appropriated to the department from the General Fund for the program established pursuant to this chapter the following amounts:
(1) For the 2015–16 fiscal year, four hundred million dollars ($400,000,000).
(2) For the 2016–17 fiscal year, three hundred million dollars ($300,000,000).
(3) For the 2017–18 fiscal year, two hundred million dollars ($200,000,000).
(c) For the 2018–19 fiscal year and each fiscal year thereafter, five hundred million dollars ($500,000,000) shall be made available to the department, upon appropriation by the Legislature in the annual Budget Act or another statute, for the program established pursuant to this chapter.
(d) Of the amounts appropriated pursuant to subdivisions (b) and (c), 4 percent is designated for applicants with average daily attendance of less than or equal to 140, 8 percent is designated for applicants with average daily attendance of more than 140 and less than or equal to 550, and 88 percent is designated for applicants with average daily attendance of more than 550, unless otherwise determined by the Superintendent in collaboration with the executive director of the state board. For purposes of this section, average daily attendance shall be those figures that are reported at the time of the second principal apportionment for the previous fiscal year for pupils in grades 7 to 12, inclusive. For any applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program operated by a joint powers authority, or of any combination of those entities, the sum of the average daily attendance for each of the constituent entities shall be used for purposes of this subdivision.

SEC. 2.

 Section 53071 of the Education Code is amended to read:

53071.
 The department shall administer this program as a competitive grant program. An applicant shall demonstrate all of the following to be considered for a grant award:
(a) (1) A proportional dollar-for-dollar match as follows for any funding received from this program:
(A) For the fiscal year beginning July 1, 2015, one dollar ($1) for every one dollar ($1) received from this program.
(B) For the fiscal year beginning July 1, 2016, one dollar and fifty cents ($1.50) for every one dollar ($1) received from this program.
(C) For the fiscal year beginning July 1, 2017, two dollars ($2) for every one dollar ($1) received from this program.
(D) For the fiscal year beginning July 1, 2018, and each fiscal year thereafter, one dollar ($1) for every one dollar ($1) received from this program.
(2) That local match may include funding from school district and charter school local control funding formula apportionments pursuant to Section 42238.02, the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, the California Partnership Academies, the Agricultural Career Technical Education Incentive Grant, or any other source except as provided in paragraph (3).
(3) That local match shall not include funding from the California Career Pathways Trust established pursuant to Section 53010.
(b) A three-year plan for continued support of career technical education programs. The plan, at a minimum, shall include the identification of available funding within an applicant’s current or projected budget to continue to support career technical education programs and a written commitment to do so. If an applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program operated by a joint powers authority, or any combination of these entities, is applying for grant funding from this program, identification of available funding and a written commitment shall be demonstrated by each participating constituent entity.
(c) The applicant, or the applicant’s career technical education program, as applicable, meets all of the following minimum eligibility standards:
(1) Offers high quality curriculum and instruction aligned with the California Career Technical Education Model Curriculum Standards, including, but not limited to, providing a coherent sequence of career technical education courses that enable pupils to transition to postsecondary education programs that lead to a career pathway or attain employment upon graduation from high school.
(2) Provides pupils with quality career exploration and guidance.
(3) Provides pupil support services, including counseling and leadership development.
(4) Provides for system alignment, coherence, and articulation, including ongoing and structural regional or local partnerships with postsecondary educational institutions, documented through formal written agreements.
(5) Forms ongoing and meaningful industry and labor partnerships, evidenced by written agreements and through participation on advisory committees and collaboration with business and labor organizations to provide opportunities for pupils to gain access to preapprenticeships, internships, industry certifications, and work-based learning opportunities as well as opportunities for industry to provide input to the career technical education programs and curriculum.
(6) Provides opportunities for pupils to participate in after school, extended day, and out-of-school internships, competitions, leadership development opportunities, career and technical education student organizations, and other work-based learning opportunities.
(7) Reflects regional or local labor market demands and focuses on current or emerging high-skill, high-wage, or high-demand occupations.
(8) Leads to an industry-recognized credential or certificate, or appropriate postsecondary education or training, employment, or a postsecondary degree.
(9) Is staffed by skilled teachers or faculty and provides professional development opportunities for those teachers or faculty members.
(10) Provides opportunities for pupils who are individuals with exceptional needs to participate in all programs.
(11) (A) Reports data to the Superintendent, as a program participation requirement, to allow for an evaluation of the program.
(B) Data reported pursuant to this paragraph shall include, but not be limited to, the quality indicators described in the California State Plan for Career Technical Education required by the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, and the following metrics:
(i) The high school cohort graduation rate.
(ii) The number of pupils completing career technical education coursework.
(iii) The number of pupils meeting academic and career-readiness standards as defined in the College/Career Indicator associated with the California School Dashboard.
(iv) The number of pupils obtaining an industry-recognized credential, certificate, license, or other measure of technical skill attainment.
(v) The number of former pupils employed and the types of businesses in which they are employed.
(vi) The number of former pupils enrolled in a postsecondary educational institution, a state apprenticeship program, or another form of job training.

SEC. 3.

 Section 53073 of the Education Code is amended to read:

53073.
 (a) An applicant receiving a grant from this program in a prior fiscal year shall be eligible to receive a renewal grant if the applicant’s program has been evaluated and deemed successful by the Superintendent based on the metrics specified in paragraph (1) of subdivision (b).
(b) (1) The department, in collaboration with the state board, shall determine reporting requirements and renewal grant eligibility using metrics identified pursuant to paragraph (11) of subdivision (c) of Section 53071.
(2) If an applicant for a renewal grant is subject to the requirements of Sections 52060 and 52061, Sections 52066 and 52067, or Section 47606.5, the inclusion of career technical education programs in the applicant’s local control and accountability plan shall be required to be eligible for a renewal grant.

SEC. 4.

 Section 53075 of the Education Code is amended to read:

53075.
 (a) When determining grant recipients, the department and the state board shall do both of the following:
(1) Give positive consideration to each of the following characteristics in an applicant:
(A) Serving unduplicated pupils as defined in Section 42238.02.
(B) Serving pupil subgroups that have higher than average dropout rates as identified by the Superintendent.
(C) Located in an area of the state with a high unemployment rate.
(2) Give positive consideration to programs to the extent they do any of the following:
(A) Successfully leverage one or both of the following:
(i) Existing structures, requirements, and resources of the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, California Partnership Academies, California Career Pathways Trust, or Agricultural Career Technical Education Incentive Grants.
(ii) Contributions from industry, labor, and philanthropic sources.
(B) Engage in regional collaboration with postsecondary educational institutions or other local educational agencies to align career pathway instruction with postsecondary program requirements.
(C) Make significant investment in career technical education infrastructure, equipment, and facilities.
(D) Operate within rural school districts.
(E) Offer an existing high-quality regional-based career technical education program as a joint powers agency.
(b) When determining grant recipients, the department and the state board shall give greatest weight to the applicant characteristics included in paragraph (1) of subdivision (a).

SEC. 5.

 Section 53076 of the Education Code is amended to read:

53076.
 For purposes of administering the program established by this chapter, the Superintendent shall do all of the following:
(a) Determine, in collaboration with the executive director of the state board, and make public at a regularly scheduled meeting of the state board, the allocation formula, specific funding amounts, the purposes for which grant funds may be used, allowable and nonallowable expenditures, and the number of grants to be awarded.
(b) Distribute funding on a multiyear schedule, establish a process for monitoring the use of the funding, and, if necessary, cease distribution of funding and recover previously distributed funding in the case of a recipient’s failure to comply with a grant prerequisite or minimum standard.
(c) Annually review grant recipients’ expenditures on career technical education programs for purposes of determining if the grant recipients have met the dollar-for-dollar match requirement specified in subdivision (a) of Section 53071. If after review, the Superintendent determines that a grant recipient failed to meet the matching funds requirement, the Superintendent shall reduce the following year’s grant allocation in an amount equal to the unmet portion of the match requirement. The reduction shall not reduce the grant recipient’s match requirement for the year in which the Superintendent reduces the allocation.
(d) Require grant recipients to submit program reports pursuant to paragraph (11) of subdivision (c) of Section 53071.

(e)Set aside up to 1 percent of the total amount provided for the program for any or all of the following purposes:

(1)To manage the grant process, collect pertinent data, and undertake statewide program improvement activities.

(2)To contract with a local educational agency or local educational agencies for the provision of technical assistance to applicants and grant recipients.

(3)To promote the success of K–12 career technical education programs through statewide activities to improve and administer the program, including the facilitation of system, program, and data alignment at the state and regional levels, as well as the development and delivery of professional development training modules, and supporting districts in meeting their college indicator and career indicator targets.

(4)To support a level of career technical education staffing within the department sufficient to effectively administer the program adopted pursuant to this chapter, including state level subject matter experts and effective liaison with regional technical education coordinators established pursuant to Section 53076.1.

(5)To fulfill the reporting requirements of Section 53076.2.

SEC. 6.

 Section 53076.1 is added to the Education Code, immediately following Section 53076, to read:

53076.1.
 (a) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, twelve million dollars ($12,000,000) shall be made available to the department, subject to an appropriation in the annual Budget Act or another statute for purposes of this section, to provide regional career technical education coordinators for the provision of technical assistance and support to local educational agencies in implementing career technical education courses, programs, and pathways. The Superintendent shall contract with selected county offices of education to provide regional industry leads with proven expertise in career technical education.
(b) The duties of the regional career technical education coordinators provided pursuant to this section shall include, but not necessarily be limited to, all of the following:
(1) Providing technical assistance and support to local educational agencies to implement career technical education courses, programs, and pathways and integrate available local, regional, state, and nonpublic resources to ensure that pupils will achieve successful outcomes.
(2) Collaborating on behalf of the local educational agencies within the region with local community colleges, industry partners, local workforce investment boards, and other relevant agencies or organizations to support and align K–12 career technical education programs.
(3) Acting as the first point of contact for local educational agencies, industry organizations, and employers with the intent of assisting local educational agencies to respond to industry needs and facilitating industry connections with K–12 career technical education programs.
(4) Cultivating collaborative communities so that local educational agencies and industry can collaborate and providing peer-to-peer knowledge exchange in areas of common interest.
(5) Ensuring that career technical education classes, programs, and pathways established under this chapter meet the requirements specified in subdivision (c) of Section 53071.
(c) The distribution of funding for the provision of regional career technical education coordinators shall be determined by the Superintendent on the basis of the average daily attendance of the K–12 public schools in a county. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(d) Any funds not utilized for the purposes of subdivision (a) shall be added to the amount appropriated in the annual Budget Act for the California Career Technical Education Incentive Grant Program established pursuant to Section 53070.

SEC. 7.

 Section 53076.2 is added to the Education Code, immediately following Section 53076.1, to read:

53076.2.
 The Superintendent shall evaluate the progress of the California Career Technical Education Incentive Grant Program in achieving the goals of the program, and shall identify appropriate changes to the program no later than June 30, 2021, and no later than June 30 every three years thereafter. The progress report shall be provided to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor.