BILL ANALYSIS Ó
SB 461
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 461 (Blakeslee) - As Introduced: February 16, 2011
SENATE VOTE : 36-0
SUBJECT : High school equivalency certificates.
SUMMARY : Expands the criteria for the Superintendent of Public
Instruction (SPI) to issue a California high school equivalency
certificate to include any person at least 17 years of age who
has successfully completed the academic curriculum of a National
Guard Youth Challenge Program.
EXISTING LAW :
1)Requires the SPI to issue a California high school equivalency
certificate and an official score report, or a score report
only, to an individual who has not completed high school, is a
resident of the state or a member of the armed services
assigned to the state, has taken and passed the general
educational development test (GED), and meets one of the
following:
a) Is at least 18 years of age
b) Would have graduated from high school had he or she
remained in school and followed the usual course of study
toward graduation
c) Is at least 17 years of age, has accumulated fewer than
100 units of high school credit, and is confined to a state
or county hospital or to an institution maintained by a
state or county correctional agency.
2)Defines a dropout recovery high school to be a high school in
which 50 percent or more of its pupils have been designated as
dropouts pursuant to the exit/withdrawal codes developed by
the California Department of Education (CDE).
3)Prohibits, under the 14th Amendment of the U.S. Constitution
as interpreted in Plyler v. Doe, 457 US 202 (1982) and United
Latin American Citizens v. Wilson (CD Cal. 1997) 997 F.Supp.
1,244, public schools from denying enrollment or attendance on
the basis of citizenship or residency status.
SB 461
Page 2
FISCAL EFFECT : Unknown
COMMENTS : Existing law provides alternatives to pupils who are
unable to meet statutory or local requirements for the high
school diploma; those pupils may alternatively sit for the GED
test or the California High School Proficiency Examination.
These alternatives open future educational and employment
options for youth (e.g., employment by state and local
governmental entities, eligibility to enlist in the military,
eligibility to enroll in a community college) that might
otherwise be closed to individuals who do not receive a high
school diploma. In the case of the GED, existing law authorizes
the SPI to issue a California high school equivalency
certificate and an official score report to any person who has
not completed high school, is a resident of this state or a
member of the armed services assigned to duty in this state, has
taken and passed all or a portion of the GED and, is either 18
years of age, would have graduated high school had they remained
in school, or is at least 17 with fewer than 100 units of high
school credit and is incarcerated in a state or county
correctional agency or hospital. This statute was developed by
two pieces of legislation. SB 1220 (Dills), Chapter 783,
Statutes of 1989, established these provisions, except that
providing for pupils under the age of 18 to be eligible to
receive the high school equivalency certificate; AB 622 (Mullin)
Chapter 269, Statutes of 2007, expanded eligibility for the
issuance of a California high school equivalency certificate to
17 year olds in a very narrow set of circumstances. The clear
intent in both bills was to provide an option for pupils who had
come to a point, either in terms of age or in terms of
deficiencies relative to high school graduation, where the high
school diploma was no longer the most viable option. In the
case of AB 622, the author's intent was that there existed no
incentive or authorization for 17 year olds to generally opt for
the GED/high school equivalency certificate approach in lieu of
the high school diploma, but that this route was open to pupils
for whom, because of age, credit deficiency and incarceration,
pursuit of the high school diploma no longer appeared to be
viable.
The purpose of this bill is to expand the authority for the SPI
to issue a California high school equivalency certificate to
include any person at least 17 years of age who has successfully
completed the academic curriculum of a National Guard Youth
Challenge Program. The National Guard Youth Challenge Program
SB 461
Page 3
is administered under federal authority, and its stated mission
"is to intervene in and reclaim the lives of 16-18 year old high
school dropouts, producing program graduates with the values,
life skills, education, and self-discipline necessary to succeed
as productive citizens." The program was originally established
by Congress as a pilot program in the 1993 Defense Authorization
Bill, but the national and state-level programs are currently
authorized pursuant to federal statute; 32 USC, Chapter 5,
Section 509 establishes "The "National Guard Youth Challenge
Program", which shall consist of at least a 22-week residential
program and a 12-month post-residential mentoring period. The
Program shall seek to improve life skills and employment
potential of participants by providing military-based training
and supervised work experience, together with the core program
components of assisting participants to receive a high school
diploma or its equivalent, leadership development, promoting
fellowship and community service, developing life coping skills
and job skills, and improving physical fitness and health and
hygiene." This federal statute also authorizes the U.S.
Secretary of Defense to use federal Department of Defense
funding for this program, but requires state funds to be
provided as a match (as of 2009, the program was 75% federally
funded, with a 25% state funded match); federal law also
specifies a person eligible to participate in the program as
follows:
"A school dropout from secondary school shall be eligible to
participate in the Program. The Secretary of Defense shall
prescribe the standards and procedures for selecting
participants from among school dropouts." ChalleNGe
Publication CP 3-1, National Guard Youth ChalleNGe Program
Startup, the guiding document provided to existing and
emerging state-level programs by the National Guard Bureau,
provides those prescribed eligibility standards: "Applicants
will meet the following minimum eligibility standards:
Sixteen to eighteen years of age at time of entry into
the program.
A high school dropout is defined as a youth who is no
longer attending any school and who has not received a
secondary school diploma or certificate from a program,
or equivalency for such diploma.
A citizen or legal resident of the United States and
resident of the state in which the program is operated or
with whom the program has a memorandum of agreement
Unemployed or underemployed.
Not currently on parole or probation for other than
SB 461
Page 4
juvenile status offenses, not awaiting sentencing, and
not under indictment, charges, or convicted of a felony.
Free from use of illegal drugs and substances.
Physically and mentally capable to participate in the
program with reasonable accommodation for physical and
other disabilities."
According to the author, "California has a large number of
students who have either dropped out or are at risk of dropping
out of high school. In the 2007-08 school year, 20.1 percent of
California students dropped out of traditional high schools.
For a variety of reasons, these students have not succeeded in
the traditional school setting. Charter schools and other
alternative completion schools are excellent alternatives to
help non-traditional and at-risk students receive their high
school diploma." The author also notes that the California
schools overseen by the California National Guard "supply
vocational training, mentoring and accredited high school
courses in communities impacted by growing dropout rates." The
author additionally states that, "According to school staff, by
allowing qualified 17 year olds to take the test at both
locations, the National Guard Youth ChalleNGe program would
graduate with GED credentials 100-110 more cadets each year."
Research has clearly established that there is a need for
programs specifically targeted at K-12 pupils who have left
school; there are a number of schools in the state which meet
the statutory definition of a dropout recovery high school, and
that specifically serve former dropouts. However, it is also
clear from the research that there are insufficient numbers of
these schools, relative to the increasing number of dropouts.
Dropout recovery is a critical function of a state's public
education system. The impacts of successful dropout recovery
programs are obvious for the individual pupil, who would face
improved opportunities in education, employment and quality of
life; it is also clear that providing former dropouts with these
improved opportunities has substantial economic implications for
the society as a whole. For example, the Alliance for Excellent
Education has reported that if 1,000 potential dropouts in
California became high school graduates, they would likely
combine to earn $14 million in additional earnings in an average
year; spend an additional $1.3 million each year purchasing
vehicles and, by the time they reach the midpoint of their
careers, buy homes worth $45 million more than what they would
likely have spent without a diploma; and support 90 new jobs in
SB 461
Page 5
the state, increase the gross state product by $19 million, and
pour an additional $1.7 million annually into state coffers, all
through their increased spending and investments. The Alliance
also reported that an estimated 199,400 students dropped out
from the Class of 2010. The need for, and the potential
benefits from, programs aimed at dropout recovery are clear.
National Guard Youth Challenge programs are operated at sites in
29 states and Puerto Rico. Two programs operate in California;
one under the Grizzly Youth Academy in San Luis Obispo County
and the second under the Sunburst Youth Challenge Academy in
Orange County. These two programs consist of three phases: 1) a
2 week evaluation period used to determine if prospective cadets
are prepared for the rigors of the program; 2) a five and
one-half month residential period where cadets live on base in
military barracks, eat in the base dining facility, and attend
school on the base; and 3) a 12 month mentorship period in their
community with a matched mentor. Pupils earn 55 high school
credits upon completing the program. Academic subjects covered
in the curriculum include; English Composition, U.S. History,
Government, Algebra, Geometry, California High School Exit Exam
(CAHSEE) prep, Health and Life Science, Literature, Economics,
Fine Arts and Driver's Education. As required of all California
public schools, STAR testing is administered each spring and
students have the opportunity to take the CAHSEE while attending
the program. In the first two weeks of the program cadets take
the Test of Adult Basic Education (TABE), and are again tested
prior to graduation in order to provide a pre-test/post-test
measure of academic growth. All students take a practice GED to
determine eligibility to take the GED or for 16 year olds, the
California High School Proficiency Examination (CHSPE). In
order to enroll, prospective cadets must meet the requirements
specified in ChalleNGe Publication CP 3-1, as noted above. In
addition to those requirements, the Grizzly Youth Academy
website also indicates that prospective cadets with misdemeanors
can be accepted, and that students will be drug tested - with
those who fail this test being sent home.
This bill raises three concerns. First, the bill opens a GED
pathway to any pupil who is 17 years of age and has completed
the specified program, regardless of whether that pupil might be
able to complete his or her high school diploma. Any statute
related to alternatives to the high school diploma should first
provide the pupil with the opportunity for completing the high
school diploma, and then second provide greater opportunity to
SB 461
Page 6
use the GED as an option available when the high school diploma
is no longer a viable option; in other words, the GED should
provide an alternative for the pupil in cases where credit
recovery or compliance with other graduation requirements is no
longer possible. There should be no intended or unintended
incentive created to track or route 17 year olds, who might
complete the high school diploma, toward the GED as an
alternative to the diploma. This approach is clear in the
Legislative intent behind both SB 1220 (Dills) and AB 622
(Mullin).
Second, the bill names a specific program administered by two
schools in California. In order to avoid the appearance of an
endorsement by the Committee, House or Legislature, this
Committee has generally stricken specific references in favor of
a more general reference to the type of program initially
referenced in the bill. A more general approach to statute
eliminates the perception of endorsement and broadens the impact
of a good policy proposal. This exact approach was taken in AB
622 (Mullin) in the same section of law; the initial
(pre-introduction) draft of that bill named a specific dropout
recovery program for incarcerated youth, but that reference was
generalized in the introduced, and eventually in the chaptered,
version of the bill.
The third concern is less related to the intent of this bill or
to the National Guard Youth Challenge Program, but is instead
related to the two California schools that offer the program
specified in the bill - the Grizzly Youth Academy, a charter
school authorized by the San Luis Obispo County Office of
Education, and the Sunburst Youth Challenge Academy, a county
community school operated by the Orange County Office of
Education. Both schools are public schools, and are required to
operate under all law that applies to public schools and to the
specific authorizations under which those schools exist,
including existing law concerning admissions requirements in
public schools. As discussed above, and according to the
schools' websites, public information and applications, the
schools' admissions criteria reflect the eligibility
requirements placed on the National Guard Youth Challenge
program, but do not appear to be consistent with federal and
state law concerning admissions requirements in public schools.
The specific concern noted by Committee staff is with the
admission requirement that applicants to the schools be U.S.
citizens or legal residents; however, issues related to other of
SB 461
Page 7
the admissions requirements in the schools (e.g., agreements to
be drug tested or prohibition against felony convictions) may
also be inconsistent with state law pertaining to the particular
type of school.
The immigration status of students in California has been the
subject of a variety of laws and legal challenges. Current law
states that school-age children who reside in California must
not be denied a free public education based on citizenship
status. Pupils residing in California, regardless of
immigration status, are required by statute to attend public
school from ages six to eighteen. The issue of
citizenship/immigration status as a basis for denying access to
public schools was heard before the U.S. Supreme Court in the
case of Plyler v. Doe, 457 US 202 (1982), which specifically
concerned Texas statutes that denied public school enrollment
and withheld state funds from local school districts for
children "illegally admitted" to the United States. On
September 27, 1981, the California State Board of Education
(SBE) filed an amicus curiae brief with the U.S. Supreme Court
in the case, arguing against the Texas statutes; in that brief,
the SBE stated, "As educators concerned with the provision of
quality education for all children and for the improvement of
society through an educated population, the California State
Board of Education believes strongly that there is no rational
educational or fiscal purpose in excluding children of illegal
aliens from receiving the educational opportunities available to
all other children." Consistent with the SBE's position, the
U.S. Supreme Court held the Texas statute to be unconstitutional
because it violated the equal protection clause of the
Fourteenth Amendment to the U.S. Constitution, which protects
"any person," not just "any citizen." Because the Plyler
decision applies to every state and is still valid, the same
test of constitutionality applies to any policy that conditions
California public school attendance on citizenship.
This issue was again clarified in 1994, following the enactment
of Proposition 187 by California voters; Proposition 187 placed
restrictions on benefits provided to illegal immigrants, and
enacted Education Code Section (EC) 48215, which prohibited a
public elementary or secondary school from admitting or
permitting the attendance of, any child who is not a citizen, a
permanent resident, or a person otherwise authorized under
federal law to be present in the United States. Proposition
187, including EC 48215, was challenged in court and determined
SB 461
Page 8
to be unconstitutional and unenforceable Ýsee League of United
Latin American Citizens v. Wilson (CD Cal. 1997) 997 F.Supp.
1,244.]; much of the argument against the provisions of EC 48215
was based on the decision in Plyler.
It appears that by requiring citizenship of legal residency for
admission and enrollment, the two schools providing the National
Guard Youth Challenge Program in California may have been
operating in violation of federal and state law. The Chair has
requested and received assurances from both the San Luis Obispo
County Office of Education, authorizer of the Grizzly Youth
Academy charter school, and the Orange County Office of
Education, operator of the Sunburst Youth Challenge Academy
community school, stating the neither school will deny admission
to these schools on the basis of immigration status.
It is possible to administer a federal program, adhere to the
federal restrictions, and have the public school remain
compliant with Plyler. There are dropout recovery high schools
in California that operate within or in conjunction with other
federal programs with similar eligibility requirements
concerning citizenship and residency; these are public schools
that have been structured so as to allow the federal program to
be administered such that it adheres to the federal eligibility
restrictions, but to also allow the school to remain compliant
with the constitutional requirements. It appears that the key
to structuring such a public school/federal program to meet
these seemingly conflicting requirements is simply to operate
the school such that it does not exclude pupils from enrollment
and attendance on the basis of citizenship or residency status;
in other words, there must be an opportunity for any pupil,
regardless of citizenship or residency status, to enroll and
attend the school, even if that pupil is not eligible to receive
services under the federal program or the program is not
eligible to receive federal funding for that pupil's
participation in the federal program. Committee staff
recommends that the Chair direct staff to work with the County
Offices of education operating these schools to ensure that
these California public schools operate within federal and state
law regarding open admissions in public schools.
Committee Amendments: Committee staff recommends eliminating
the three concerns stated above, as they specifically relate to
the bill, by amending the bill to authorize the SPI to issue a
high school equivalency certificate to a person who meets the
SB 461
Page 9
current requirements specified in EC 51420, and subdivisions (a)
and (b) of that section, and who is at least 17 years of age,
has completed an instructional program offered by a dropout
recovery high school, and has accumulated fewer than 100 units
of high school credit upon entry into that instructional
program; the amendments should also specify that the offered
instructional program is aligned to the state content standards,
supports the opportunity for its pupils to complete the high
school diploma, and provides services for at least one year.
Previous Legislation : AB 622 (Mullin) Chapter 269, Statutes of
2007, expands the issuance of a California high school
equivalency certificate to persons at least 17 years of age that
have accumulated fewer than 100 units of high school credit and
is confined to a state or county hospital or to an institution
maintained by a state or county correctional agency. SB 1220
(Dills), Chapter 783, Statutes of 1989, requires the SPI to
issue a California high school equivalency certificate to
persons who either are at least 18 years of age or that would
have graduated from high school if they had remained in high
school.
REGISTERED SUPPORT / OPPOSITION :
Support
California School Boards Association
Orange County Office of Education
San Luis Obispo County Office of Education
San Luis Obispo County Probation Department
San Luis Obispo County Sheriff's Office
The Military Order for the World Wars - Hoyt S. Vandenberg
Chapter
The National Guard Association of California
Numerous individuals
Opposition
None on file
Analysis Prepared by : Tania Herrera and Gerry Shelton / ED. /
(916) 319-2087
SB 461
Page 10