BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 37
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          Date of Hearing:   March 17, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                    AB 37 (Furutani) - As Amended:  March 10, 2009
           
          SUBJECT  :   Public postsecondary education: honorary degrees.

          SUMMARY  :   Requests the California State University (CSU) and  
          the California Community Colleges (CCC), and requests the  
          University of California (UC), to confer an honorary degree to  
          each person who was unable to continue and complete his or her  
          education at the public postsecondary educational institution in  
          which that person was enrolled as a result of federal Executive  
          Order 9066, which mandated the internment of Japanese Americans  
          in 1942.   

           EXISTING LAW establishes UC, CSU, and CCC as California's public  
          postsecondary education system and authorizes these institutions  
          to award various types of degrees.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    Background  :  In 1942,  President Franklin D.  
          Roosevelt issued Executive Order 9066, incarcerati  ng  
          approximately 120,000 Americans of Japanese descent in  detention  
          centers during World War II.  The federal government issued an  
          official apology in 1988 and provided reparations to thousands  
          of Japanese Americans who were unconstitutionally in  terned   
          during the war.   A study originally published in 1949 (Robert  
          O'Brien,  The College Nisei  ) determined that 2,567 Japanese  
          American students were enrolled in higher education institutions  
          in California, including 729 at UC, 221 at CSU, and 1,245 at  
          CCC.

           Purpose of this bill  :  The author seeks recognition for college  
          students who were forced to abandon their studies in 1942 as a  
          result of the federal government's illegal incarceration of  
          Japanese-American citizens, including those students who  
          returned to college and received diplomas.  Since the bill does  
          not require recognition for the latter, staff suggests the  
          author clarify the bill to reflect this intent.
            
           What is an honorary degree ?  An honorary degree is an academic  
          degree for which a university (or other degree-awarding  








                                                                  AB 37
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          institution) has waived the usual requirements (such as  
          matriculation, residence, study, and the passing of  
          examinations).  The degree itself is typically a doctorate or,  
          less commonly, a master's degree and may be awarded to someone  
          who has no prior connection with the institution in question.   
          Often the degree is conferred as a way of honoring a  
          distinguished visitor's contributions to a specific field or to  
          society in general.  

           Honorary degree v. diploma or alumni status  :  The author has  
          chosen to require an honorary degree in place of a diploma or  
          alumni status because he believes that the higher recognition is  
          appropriate in light of the illegal government action that  
          halted these students' educational pursuits.  

           Should private institutions be included ?  This bill is silent on  
          students who were enrolled in private colleges or universities  
          at the time of their internment.  Should private institutions be  
          encouraged to recognize their students as well?  

           Recognition efforts  :  Several institutions in California and  
          other western states have recognized former students who were  
          unable to complete their studies as a result of Executive Order  
          9066 by awarding honorary degrees, diplomas, or honorary alumni  
          status.  In 1992, UC Berkeley presented diplomas to surviving  
          students who graduated in spring 1942 but were not allowed to  
          return to campus to receive their diplomas.  In 2008, the  
          University of Southern California extended honorary alumni  
          status to its former students who were unable to complete their  
          studies.  San Francisco State University and Sierra College have  
          granted honorary degrees to their interned former students, as  
          have public universities in Oregon and Washington.  Most  
          recently, UC established a task force to consider how best to  
          recognize its interned former students.

           Previous legislation  :  AB 781 (Lieber), Chapter 130, Statutes of  
          2003, allowed school districts to grant high school diplomas  
          retroactively to Japanese Americans whose education was  
          disrupted because of their incarceration during World War II.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees








                                                                  AB 37
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          California State Student Association
          Community Works West
          Japanese American Citizens League, Diablo Valley Chapter
          Japanese American Citizens League, San Mateo Chapter
          Japanese American Citizens League, Watsonville-Santa Cruz  
          Chapter
          Japanese American Cultural and Community Center
          Japanese American National Museum
          Japanese Community Youth Council
          Japanese Cultural and Community Center of Northern California
          Nisei Student Relocation Commemorative Fund
          San Francisco Japanese American Citizens League
          University of Southern California Asian Pacific Alumni  
          Association
          Yu-Ai Kai/Japanese American Community Senior Service
          Arlene Inouye, Individual
          Lewis Kawahara, Individual

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960