BILL ANALYSIS
AB 1809
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Date of Hearing: May 14, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 1809 (Saldana) - As Amended: May 6, 2008
Policy Committee: Education
Vote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill establishes the Interstate Commission on Educational
Opportunities for Military Families (the commission) and
ratifies the Interstate Compact on Educational Opportunity for
Military Children (the compact) to remove barriers to
educational success imposed on children of military families due
to frequent moves and deployment of their parents. Pursuant
federal law, the compact would become effective and binding when
at least 10 states ratify it and requires the effective date to
be no earlier than December 1, 2007. Specifically, this bill:
1)Specifies the purposes of the compact as the following: (a) to
facilitate the timely enrollment and appropriate educational
placement of military children; (b) to provide uniform
collection and sharing of information between and among other
states, schools, and military families; and (c) to provide for
the promulgation and enforcement of administrative rules
between and among members of states, schools, and military
families under the compact.
2)Requires the schools in the state that the pupil is coming
from to provide unofficial and official pupil records
(official records are required to be provided within 10 days
of a request from a receiving school). This measure requires
states to give 30 days from the date of enrollment for pupils
to obtain any immunization required by the receiving state, as
specified.
3)Requires pupils to continue their enrollment at the same or
next grade level (as appropriate) in the receiving state
(including kindergarten), regardless of age. This bill also
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requires the receiving state to initially honor course and
program placement that the pupil had in the sending state,
including special education. Likewise, a student whose parent
is an active duty member is required to be granted additional
excused absences at the discretion of the local education
agency (LEA) to visit with his or her parent.
FISCAL EFFECT
1)GF costs, likely in the range of $60,000 to $125,000, for
California's contribution to the funding of the commission.
There are a little more than 61,000 military children in the
state. The compact specifies that the commission can assess
any fee amount for state participation; therefore, these costs
may increase depending on the resources needed by the
commission.
2)Annual GF administrative costs, of at least $100,000, to
establish a state council and hire a liaison to implement the
compact in the state. If the State Board of Education (SBE)
is designated as the state council for the purposes of the
compact, these costs may be reduced, though the SBE would
incur additional duties associated with the compact.
3)Potential, indeterminate GF/98 mandated costs, likely in
excess of $200,000 statewide, to implement requirements of the
compact related to the education of military pupils, as
specified. This measure expresses legislative intent that
this measure not mandate a new program or higher level of
service on LEAs.
SUMMARY CONTINUED :
4)Requires states to accept specified assessments (i.e., exit
exam) in lieu of testing requirements for graduation in the
receiving state. This measure further requires LEAs to waive
specific graduation course requirements, if similar coursework
has been satisfactorily completed in another LEA or provide
reasonable justification for denial.
5)Requires each state that is a member of the compact, through
the establishment of a state council or existing body/board,
to provide for the coordination of compact requirements, as
specified. This bill further requires each member state to
appoint a military family education liaison to assist military
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families and the state in implementing this compact.
6)Requires the commission to promulgate rules and specifies that
these rules have the force and effect of statutory law and are
binding in the compact states, as specified. This measure
further specifies the organization and duties of the
commission, including fiduciary responsibilities, as
specified.
7)Requires the Court (in the instance of any challenge to a rule
adopted by the commission) to give deference to the actions of
the commission consistent with applicable law, and not find
the rule to be unlawful, if the rule represents a reasonable
exercise of the commission's authority.
COMMENTS
1)Purpose . Military families move on a fairly regular basis,
depending on their duties and assignments. This transience
creates educational disadvantages for the children of military
personnel. While the armed services has taken steps to ease
the transition of personnel and their families, the logistical
reality of moving creates challenges associated with meeting
various educational requirements for children. The intent of
the compact is to ensure that the children of military
families are afforded the same opportunities for educational
success as other children and are not penalized or delayed in
achieving their educational goals as they move from state to
state or within a state.
According to the author, "There are over 63,000 school-age
military dependents in California. Unfortunately, military
families encounter significant school challenges when dealing
with enrollment, eligibility, placement, and graduation of
their children. 25% of the students lose their course credits
due to multiple school transfers from out-of-state and
out-of-country Department of Defense schools to California
schools."
2)Governance issues . The compact contains numerous mandates and
requirements imposed on the state and LEAs related to the
education of military pupils (i.e., coursework, notification,
etc.). The compact authorizes the commission to have broad
rulemaking authority and the ability to levy a fee on states
to pay for its existence and operation. In some cases, the
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compact may impede on the state and local governing boards'
authority to govern its schools and pupils. The committee may
wish to consider whether or not it is appropriate to pass a
measure with such broad implications.
3)Interstate compacts are contracts between two or more states
establishing agreements to address particular policy issues,
setting standards, or establishing cooperation on regional or
national matters. The issues addressed extend beyond the
boundaries of the state. Frequently, these agreements create
a new governmental agency, which is responsible for
administering or improving a shared resource such as a seaport
or public transportation infrastructure. For example, agencies
created by compacts that California is a participant are the
Tahoe Regional Planning Agency, the Pacific States Marine
Fisheries Commission, and the Education Commission of the
States.
Interstate compacts are authorized under Article I, Section 10
of the United States Constitution, which states: "No State
shall, without the Consent of Congress, lay any duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter
into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or
in such imminent Danger as will not admit of delay."
California is one of 15 states in which a measure has been
introduced to adopt the compact. No states have adopted it to
date. Two state legislatures, Kansas and Kentucky, have sent
a bill adopting this compact to their respective governors for
consideration. The compact is in various stages of the
legislative process in ten other states. It will become
operate once it is adopted by 10 or more states.
4)Previous legislation . AB 2102 (Saldana), Chapter 608,
Statutes of 2006, established procedures to facilitate and
smooth the transfer of school-age military children and their
records.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081