BILL ANALYSIS
AB 223
Page 1
Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 223 (Ma & Lieu) - As Amended: March 25, 2009
SUBJECT : Physical education: Junior Reserve Officers' Training
Corps.
SUMMARY : An urgency measure that requires the San Francisco
Board of Education to make Junior Reserve Officers' Training
Corps (JROTC) courses available to pupils under its jurisdiction
in grades 9 to 12.
EXISTING LAW authorizes the governing board of any school
district maintaining a secondary school to establish in the
school courses in military science and tactics complying with
the laws of the United States made and provided with reference
to Reserve Officers Training Corps units in educational
institutions; and, specifies no student enrolled in any such
school shall be required to enroll in any course in military
science and tactics. (Education Code Section 51750)
FISCAL EFFECT : Unknown
COMMENTS : This bill requires the San Francisco Unified School
District to make JROTC available to all high school pupils in
the district. Despite a local ballot measure recommending that
the district continue to offer JROTC courses to their pupils,
the San Francisco Unified School District maintains that the
sole authority to make the decision whether to offer JROTC to
its students rests with the San Francisco board of education.
With this in mind, is it appropriate for the Legislature to
mandate a particular course of study at a single school
district?
Under existing law, districts are authorized to offer a course
in JROTC if the school district governing board elects to do so.
This bill would require a specific action at a specific school
district, and would be unprecedented in terms of state
intervention at the local level.
The Junior Reserve Officers' Training Corps (JROTC) is a program
offered to high school students. Each branch of the military -
the Army, Marines, Air Force, Navy and Coast Guard - allows
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local high schools to apply for and make available a JROTC
program for their students. In San Francisco, JROTC instructors
hold California Special Subject teaching credentials and are
retired members of the Armed Forces. Students who participate
in JROTC must attend school full-time and may enroll in the
program at the ninth-grade level or above.
The San Francisco Unified School District (SFUSD) has
participated in JROTC for 90 years, offering Army and Navy JROTC
programs at seven public high schools. On November 14, 2006,
the San Francisco Board of Education passed a resolution to
phase-out all JROTC programs in San Francisco public schools by
the end of the 2007-08 school year. The resolution called for a
task force to develop alternative, creative, and career driven
programs. The resolution directed the task force to develop
recommended alternatives that offer elements of the existing
JROTC program that students have indicated are important to
them. The resolution also stated, "The Board of Education finds
that the JROTC program violates our antidiscrimination policies
with regard to LGBT students and adults." The San Francisco
school board later extended the JROTC programs through the
2008-09 school year to provide additional time to develop and
implement alternative programs. JROTC programs are scheduled to
end in June 2009.
Proposition V was brought before San Francisco City voters in
November 2008. Voters approved the proposition and made it City
policy to encourage the San Francisco Board of Education to
reverse its action to terminate the JROTC program and to
continue to offer the program in San Francisco public high
schools.
According to San Francisco Unified School District, "The
decision to maintain or eliminate JROTC from the schools is
solely within the decision-making authority of the San Francisco
Board of Education; any city ballot measure would be
non-binding."
According to the author, for over 90 years, the San Francisco
Unified School District (SFUSD) has participated in the Junior
Reserve Officer Training Corps (JROTC) program, providing high
school students, particularly from low income families and
communities-of-color, the option to participate in the before and
after school leadership program that fosters teamwork, health and
physical fitness, self-esteem, and community service. With half
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the funds from federal dollars, the program has been known to be
very inclusive and supportive of all students, including many
openly lesbian, gay, bisexual, and transgender (LGBT) student
participants and cadet staff. Over 90% of the JROTC participants
go on to pursue higher education, and only 3% join the armed
forces.
Related legislation : AB 351 (Salas) from 2009 would authorize
school district governing boards to exempt pupils who
participate in California Cadet Corps.; Cheer team; Dance team;
Color guard; Drill team; Junior Reserve Officer Training Corps;
or, Marching band from attending physical education courses;
and, exempt these students from the physical education high
school graduation requirement. This bill is set to be heard by
the Assembly Education Committee on April 1, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
(Current Version)
American Federation of State, County and Municipal Employees
American Legion, Department of California
AMVETS, Department of California
Armed Forces Retirees Association of California
California Professional Firefighters
Democratic Women's Forum of San Francisco
National Guard Association of California
San Francisco Chamber of Commerce
San Francisco Firefighters Local 798
San Francisco Police Officers Association
Numerous Individuals
(Previous Version)
AsianWeek
California Teamsters Public Affairs Council
City of Coronado
Reserve Officers Association
Veterans of Foreign Wars, Department of California
An Individual
Opposition
(Current Version)
California Association of Health, Physical Education, Recreation
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and Dance (CAHPERD)
(Previous Version)
Numerous Individuals
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087