BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 796

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          GOVERNOR'S VETO
          AB 796 (Carter)
          As Amended  August 17, 2009
          2/3 vote

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          |ASSEMBLY:  |51-29|(May 11, 2009)  |SENATE: |23-15|(September 1,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |49-28|(September 8,   |        |     |               |
          |           |     |2009)           |        |     |               |
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          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

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           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

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          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

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          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    
                                        


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