BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 37
          AUTHOR:        Furutani
          AMENDED:       April 15, 2009
          FISCAL COMM:   Yes            HEARING DATE:  June 10, 2009
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Honorary Degrees
          
           SUMMARY  

          This bill requires the California State University and the  
          California Community Colleges, requests the University of  
          California, and urges independent colleges and  
          universities, to work with their respective colleges and  
          universities to confer honorary degrees upon persons forced  
          to leave a public postsecondary institution as the result  
          of the internment of the Japanese during World War II.  

           BACKGROUND  

          Executive Order 9066, issued by President Franklin D.  
          Roosevelt on February 19, 1942, caused the incarceration of  
          approximately 120,000 Americans and resident aliens of  
          Japanese ancestry in camps throughout the United State  
          during World War II. On August 10, 1988, President Ronald  
          Reagan signed into law the Civil Liberties Act of 1988  
          apologizing for the internment of the Japanese on behalf of  
          the U.S. government and declaring that Executive Order 9066  
          was carried out without adequate security reasons and was  
          motivated largely by racial prejudice, wartime hysteria,  
          and a failure of political leadership.

          AB 781 (Lieber, Chapter 130, Statutes of 2003) authorized a  
          high school district, unified school district, or county  
          office of education, to retroactively grant a high school  
          diploma to a person who: 

                 Did not receive a high school diploma due to  
               internment by order of the federal government during  
               World War II. 





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                 Was enrolled in a high school operated by the  
               school district or under the jurisdiction of the  
               county office of education immediately preceding his  
               or her internment. 

                 Did not receive a high school diploma because the  
               pupil's education was interrupted due to his or her  
               internment.

           


          ANALYSIS
           
           This bill  : 

          1)   Requires the Trustees of the CSU and the Board of  
               Governors of the CCC, and requests the Regents of the  
               UC to work with their respective colleges and  
               universities to confer honorary degrees upon persons  
               forced to leave a public postsecondary institution as  
               the result of the internment of the Japanese during  
               World War II.  

          2)   Authorizes a surviving next of kin, or representative  
               chosen by a surviving next of kin, to accept an  
               honorary degree conferred upon a deceased person on  
               their behalf. 

          3)   Urges compliance with these provisions by independent  
               colleges and universities, as defined. 

           STAFF COMMENTS  

           1)   What has already been done  ? According to the author, a  
               handful of California's higher education institutions  
               have awarded honorary degrees or otherwise recognized  
               Japanese Americans whose educations were interrupted  
               because of their incarceration during World War II.   
               Specifically, UC Berkeley in 1992, San Francisco State  
               University in 1998, Sierra College in 2007, and the  
               University of Southern California in 2008, have all  
               recognized these students in some form.  

           2)   How many students  ?  According to a 1949 study (Robert  
               O'Brien,  The College Nisei  ), 2,567 Japanese American  




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               students were enrolled in higher education  
               institutions in California at the time of the  
               internment order.  Of these, 729 were enrolled at UC,  
               221 at the CSU and 1,245 at the community colleges.

           3)   Related activity  .  The UC recently convened a joint  
               Administration-Academic Senate Task Force to consider,  
               among other things, whether any recognition of these  
               students is appropriate, what precedent such  
               recognition might establish, and what mechanisms are  
               available to recognize such students.  The Task Force  
               made its recommendations to the Academic Council in  
               March 2009 and is awaiting action by the Academic  
               Senate.  According to the UC, the proposed policies to  
               be considered by the Regents and Academic Senate are  
               in line with this bill's provisions. 

               In May 2009, the CSU Academic Senate unanimously  
               approved a resolution strongly urging campuses to seek  
               out and honor alumni unable to complete their degrees  
               as a result of internment during World War II with an  
               honorary degree, ceremonies of acknowledgement and/or  
               other appropriate recognition.  

           4)   Different standards  .  Current law  authorizes  school  
               districts and county offices of education to  
               retroactively grant high school diplomas to  
               individuals interned during World War II. This bill  
               would  require  the CSU and community colleges to grant  
               honorary degrees to these individuals, as specified.   
               Although the UC is requested to take such action, this  
               bill would allow the UC and independent colleges to  
               determine how best to recognize its formerly interned  
               students. Is it reasonable to require some and not  
               others to comply with specified recognition actions?  
               Is requiring specific recognition by the CSU and CCC  
               necessary given recent efforts to authorize and  
               encourage such actions? Staff recommends the bill be  
               amended to require the CSU and CCC to consider, and  
               report on their plans to appropriately recognize  
               persons forced to leave a public postsecondary  
               institution as the result of the internment of the  
               Japanese during World War II. 

           SUPPORT  





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          Board of Governors of the California Community Colleges
          Board of Trustees, Marin Community College District
          Little Tokyo Service Center
          Long Beach City College
          The Sikh Coalition
          University of California Student Association (UCSA)

           OPPOSITION
           
          None received.