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AB-445 Career technical education: the California Career Technical Education Grant Program.(2017-2018)

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Date Published: 03/15/2017 09:00 PM
AB445:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 445


Introduced by Assembly Members Cunningham and O'Donnell
(Principal coauthors: Assembly Members Burke and Fong)
(Principal coauthor: Senator McGuire)
(Coauthors: Assembly Members Acosta, Flora, Gallagher, Gipson, Mullin, Muratsuchi, Rodriguez, and Waldron)
(Coauthor: Senator Wilk)(Coauthors: Senators Nguyen and Wilk)

February 13, 2017


An act to amend Sections 53070, 53071, and 53073 of, and to amend the heading of Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4 of Title 2 of, and to add Sections 8150.3 and 79140.3 to, the Education Code, relating to education finance, career technical education, and making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 445, as amended, Cunningham. Education finance: apprenticeship programs: related and supplemental instruction: Career technical education: the California Career Technical Education Grant Program.

(1)Existing law provides for the attendance of apprentices at local educational agencies, as defined to include school districts and county offices of education, and at community colleges, under vocational education program standards that are established with the participation of the State Department of Education, the Chancellor of the California Community Colleges, and the Division of Apprenticeship Standards of the Department of Industrial Relations. Existing law requires the chancellor to make allocations for related and supplemental instruction, as provided by the participating local educational agencies and community colleges related to apprenticeship programs, to be paid from funds appropriated for those purposes.

This bill would express the intent of the Legislature that related and supplemental instruction for apprentices, as defined, be fully funded for each fiscal year commencing with the 2015–16 fiscal year. The bill would authorize the Chancellor of the California Community Colleges to adjust the amount of the allocations made to local educational agencies and community colleges under these provisions in order to fully fund the attendance hours of related and supplemental instruction for apprentices. The bill would also provide that if, in any fiscal year, the funds appropriated to the Chancellor of the California Community Colleges for these purposes exceed the amount needed to fully fund the attendance hours of related and supplemental instruction for apprentices reported for that fiscal year, those excess funds would be available for allocation for those purposes in the following fiscal year.

The bill would appropriate $10,000,000 to the Chancellor of the California Community Colleges for allocation to local educational agencies and to community colleges for related and supplemental instruction, as defined, for the 2016–17 fiscal year.

(2)

(1) Existing law establishes the California Career Technical Education Incentive Grant Program 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. Existing law appropriates $200,000,000 from the General Fund to the State Department of Education for purposes of this grant program for the 2017–18 fiscal year.
Existing law requires applicants for grants under the program to demonstrate that they have local matching funds, as specified. Existing law specifies that no applicant may receive a renewal grant under the program for the 2018–19 fiscal year.
This bill would change the name of the program to the California Career Technical Education Grant Program. The bill would increase to $300,000,000 the General Fund appropriation to the State Department of Education for this program for the 2017–18 fiscal year, and would further provide for an appropriation to the department in this amount for each subsequent fiscal year.
The bill would lower the amount of local matching funds required of an applicant from $1.50 for every dollar received to $1 for every dollar received, for the 2017–18 fiscal year, and for each fiscal year thereafter. The bill would also provide that an applicant receiving a grant from this program in the 2017–18 fiscal year or any subsequent fiscal year would be eligible for a renewal grant in the next fiscal year if that applicant demonstrates continued compliance with program requirements.

(3)

(2) The funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

(4) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 8150.3 is added to the Education Code, to read:
8150.3.

(a)It is the intent of the Legislature that related and supplemental instruction for apprentices within the meaning of Section 8152 shall be fully funded for each fiscal year commencing with the 2015–16 fiscal year.

(b)Notwithstanding any other law:

(1)The Chancellor of the California Community Colleges is authorized to adjust the amount of the allocations made to local educational agencies pursuant to this article in order to fully fund the attendance hours of related and supplemental instruction for apprentices reported pursuant to this article.

(2)In any fiscal year, if the funds appropriated to the Chancellor of the California Community Colleges for purposes of this article exceed the amount needed to fully fund the attendance hours of related and supplemental instruction for apprentices reported pursuant to this article for that fiscal year, those excess funds shall be available for allocation for those purposes in the following fiscal year.

SEC. 2.SECTION 1.

 The heading of Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4 of Title 2 of the Education Code is amended to read:
CHAPTER  16.5. California Career Technical Education Grant Program

SEC. 3.SEC. 2.

 Section 53070 of the Education Code is amended to read:

53070.
 (a) The California Career Technical Education 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 provide stable, annual funding to encourage and maintain the delivery of career technical education programs. 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, and for each fiscal year thereafter, three hundred million dollars ($300,000,000).
(b) Of the amounts appropriated in paragraphs (1) through (3), inclusive, of subdivision (a), 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. 4.SEC. 3.

 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 2015–16 fiscal year, one dollar ($1) for every one dollar ($1) received from this program.
(B) For the 2016–17 fiscal year, one dollar and fifty cents ($1.50) for every one dollar ($1) received from this program.
(C) For the 2017–18 fiscal year, and for 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) At least a three-year plan for continued support of career technical education programs after grant funding expires. 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 must 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 structural industry and labor partnerships, documented through formal written agreements and through participation on advisory committees.
(6) Provides opportunities for pupils to participate in after school, extended day, and out-of-school internships, competitions, 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 training or employment.
(9) Is staffed by skilled teachers or faculty and provides professional development opportunities for those teachers or faculty members.
(10) (A) Reports data, 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, metrics aligned with the core metrics required by the federal Workforce Innovation and Opportunity Act and 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 number of pupils completing high school.
(ii) The number of pupils completing career technical education coursework.
(iii) The number of pupils obtaining an industry-recognized credential, certificate, license, or other measure of technical skill attainment.
(iv) The number of former pupils employed and the types of businesses in which they are employed.
(v) The number of former pupils enrolled in a postsecondary educational institution, a state apprenticeship program, or another form of job training.

SEC. 5.SEC. 4.

 Section 53073 of the Education Code is amended to read:

53073.
 (a) An applicant receiving a grant from this program in the 2015–16 fiscal year shall be eligible to receive a renewal grant in the 2016–17 fiscal year and in the 2017–18 fiscal year. An applicant that does not receive a grant in the 2015–16 fiscal year, but receives a grant in the 2016–17 fiscal year, shall be eligible to receive a renewal grant in the 2017–18 fiscal year. An applicant receiving a grant from this program in the 2017–18 fiscal year or any subsequent fiscal year shall be eligible to receive a renewal grant in the next fiscal year if that applicant demonstrates to the department continued compliance with the requirements of this chapter.
(b) (1) The department, in collaboration with the state board, shall determine renewal grant eligibility using metrics identified pursuant to paragraph (10) 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. 6.Section 79140.3 is added to the Education Code, to read:
79140.3.

(a)It is the intent of the Legislature that related and supplemental instruction for apprentices within the meaning of Section 79149.3 shall be fully funded for each fiscal year commencing with the 2015–16 fiscal year.

(b)Notwithstanding any other law:

(1)The Chancellor of the California Community Colleges is authorized to adjust the amount of the allocations made to community colleges pursuant to this article in order to fully fund the attendance hours of related and supplemental instruction for apprentices reported pursuant to this article.

(2)In any fiscal year, if the funds appropriated to the Chancellor of the California Community Colleges for purposes of this article exceed the amount needed to fully fund the attendance hours of related and supplemental instruction for apprentices reported pursuant to this article for that fiscal year, those excess funds shall be available for allocation for those purposes in the following fiscal year.

SEC. 7.

The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges for allocation for the 2016–17 fiscal year to participating local educational agencies, as defined in subdivision (c) of Section 8150 of the Education Code, for related and supplemental instruction within the meaning of Section 8152 of the Education Code, and to community college districts for related and supplemental instruction within the meaning of Section 79149.3 of the Education Code.

SEC. 8.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that apprenticeship programs, pursuant to Article 8 (commencing with Section 8150) of Chapter 1 of Part 6 of Division 1 of Title 1 of, and Article 3 (commencing with Section 79140) of Chapter 9 of Part 48 of Division 7 of Title 3 of, the Education Code, and the California Career Technical Education Grant Program, pursuant to Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4 of Title 2 of the Education Code, receive adequate funding for the remainder of the 2016–17 fiscal year, and adequate funding in time for the commencement of the 2017–18 fiscal year, it is necessary that this act take effect immediately.