BILL ANALYSIS AB 796 Page 1 GOVERNOR'S VETO AB 796 (Carter) As Amended August 17, 2009 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |51-29|(May 11, 2009) |SENATE: |23-15|(September 1, | | | | | | |2009) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |49-28|(September 8, | | | | | | |2009) | | | | ----------------------------------------------------------------- Original Committee Reference: ED. SUMMARY : Adds participating in civic engagement activities offered by a non-profit or governmental entity to the list of justifiable personal reasons for which a pupil is required, upon approval of the principal or a designated representative (designee), to be excused from school when absent. Specifically, this bill : 1)Limits excused absences related to a pupil's participation in civic engagement activities to no more than 10 days per academic year, and prohibits participation in a demonstration or political activity from being treated as an excused absence. 2)Defines "civic engagement activities" to mean volunteering to work in a community to help address a problem or interact with the institutions of representative democracy; also states that civic engagement activities may include, but are not limited to, volunteering to work at a community based non-profit organization, serving on a neighborhood association, tutoring or mentoring young children, testifying before the local city council, and appearing before a state or federal board or committee. AB 796 Page 2 The Senate amendments clarify the definition of civic engagement activities, and prohibit participation in a demonstration or political activity from being treated as an excused absence. EXISTING LAW : 1)Requires a school district to treat a student's absence as excused when that absence is caused by any of a number of specified reasons, including illness, medical appointments, funeral services for an immediate family member, jury duty, service as a member of a precinct board for an election, and justifiable personal reasons, defined as being a situation where the pupil's absence has been requested in writing by the parent or guardian and approved by the principal or a designee pursuant to uniform standards established by the school district governing board. "Justifiable reasons" include, but is not limited to, an appearance in court, observance of a holiday or ceremony of his/her religion, or attendance at a religious retreat, an employment conference, a funeral service or an educational conference on the legislative or judicial process offered by a nonprofit organization. 2)Prohibits excused absences from generating average daily attendance (ADA) for district funding purposes. 3)Requires schools and school districts to allow students to make up missed examinations and coursework that result from an excused absence, and requires that students, who complete such make-up work satisfactorily and in a reasonable time, receive full academic credit. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : This bill is keyed non-fiscal. COMMENTS : According to the author, "Many young people gain valuable life skills and experiences in activities outside the classroom such as participation in a community committee, an advisory board or task force, attendance at an educational conference on the legislative or judicial process, or as a AB 796 Page 3 member of a youth commission." Supporters state that pupils who wish to benefit from civic engagement activities outside of class are often not allowed to make up missed coursework. The author states that, "Ultimately, punitive measures are preventing students from getting the leadership and civic experience they need before leaving high school; denying students learning that needs to take place outside of the classroom. Often students must make a difficult choice - to participate in a leadership experience that may be unlike anything they experience or that is available at their school and be recorded as truant, or stay in school and miss out on a unique learning opportunity." The Tuft's University Center for Information & Research on Civic Learning & Engagement in a recently released research paper, "Civic Engagement and the Changing Transition to Adulthood," argues that the transition to adulthood has been dramatically transformed since the 1970s, and is now very different for people with and without college educations. The study expresses concern over a growing "gulf in civic participation between those who go on to college and those who do not. Ethnic minorities and new immigrants (both of which comprise a growing proportion of the U.S. population), as well as young people from working-class backgrounds, are less likely to complete high school or attend college. It is imperative that opportunities be created in the institutional settings in which these young people exist so that these groups might be better incorporated into the body politic. Failing to do so is a disservice not only to our democratic ideals, but to the future of our society." Arguments in opposition would include that this proposal creates an incentive for a reduction in classroom-based instructional time, and that districts currently may decide locally to allow pupils to make up missed work after being absent for these reasons. AB 2396 (Carter), a substantially similar bill, was vetoed by the Governor in 2008; the Governor's veto message said, "While I recognize that there are many civic and other educational opportunities outside of the classroom, nothing AB 796 Page 4 under current law prohibits parents from working with a school to allow their child to participate in civic opportunities if they choose to do so, even without this measure." This bill addresses only the issue of excusing a pupil absence related to participation in civic engagement activities outside of the classroom for the purposes of making up missed coursework; this bill does not result in additional ADA or funding for the pupil's school district. Excused absences do not count toward ADA for funding purposes. Under current law and this proposal, an absence is deemed to be justifiable and excused only after the approval of a written parental request by the pupil's principal. The principal determines both whether the reason is justifiable under the law and whether to approve the request. GOVERNOR'S VETO MESSAGE : "While civic and other volunteer activities are beneficial to those who choose to participate, these activities should be in addition to, and not in place of, valuable classroom learning time with a qualified teacher. This bill is similar to legislation I previously vetoed. As indicated at that time, nothing under current law prohibits parents from working with a school to allow their child to participate in civic opportunities if they choose to do so, even without this measure. Therefore, the bill is unnecessary." Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087 FN: 0003368