BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 223
                                                                  Page  1

          Date of Hearing:   April 22, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 223 (Ma) - As Amended:  April 15, 2009 

          Policy Committee:                              Education Vote:  
          6-3

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires the San Francisco Board of Education (SFBE)  
          to make Junior Reserve Officer's Training Corps (JROTC) courses  
          available to pupils under its jurisdiction in grades 9-12,  
          inclusive, at all schools within the district where JROTC  
          courses were offered during the 2008-09 school year if it also  
          makes athletic programs available to its pupils.  

           FISCAL EFFECT  

          Annual state reimbursable mandated GF/98 costs, of approximately  
          $1.1 million, to require the SFBE to make JROTC courses  
          available to pupils in grades 9-12, as specified.  This assumes  
          the same level of program service that is currently provided.   
          To the extent that San Francisco Unified School District's  
          (SFUSD) costs increase, the state mandated costs will increase  
          as well.  

          The Department of Defense provides one-half of the JROTC  
          instructors' salaries, which average approximately $84,000  
          annually.  SFUSD pays the other half of salary costs and all  
          benefit costs of each JROTC instructor.  

           COMMENTS  

           1)Background  .  Existing law authorizes a school district  
            governing board to establish a school course in military  
            science and Reserve Officers Training Corps (ROTC).  

            In November 2006, the SFBE passed a resolution to begin a  
            two-year phase-out of all JROTC program in the district  








                                                                  AB 223
                                                                  Page  2

            "resulting in no JROTC classes in the 2008-09 school year and  
            beyond."  The resolution further stated that the program  
            "violates our anti-discrimination policies with regard to  
            lesbian, gay, bisexual and transgender students and adults."  

            In December 2007, the SFBE extended the phase-out period for  
            the JROTC by one year; therefore, the program will cease to  
            exist, absent any other action, at the end of the 2008-09  
            school year.  Of the seven school board members who were on  
            the board in 2006, two remain.  

            In November 2008, the voters of San Francisco approved  
            Proposition V by a vote of 59 % to 41%.  Proposition V stated  
            "it is herby policy of the City and County of San Francisco  
            that students in San Francisco public high schools should  
            continue to be able to choose to choose to participate in the  
            schools' JROTC program."  

            This bill requires SFUSD to make JROTC courses available to  
            pupil in grades 9-12, inclusive, at all schools within the  
            district where JROTC courses were offered during the 2008-09  
            school year if it also makes athletic programs available to  
            its pupils.  

            The SFBE opposes this measure, citing local control concerns.   
              

           2)Potential reimbursable mandate and non-fiscal bill  .  This bill  
            is keyed non-fiscal; however, this measure creates the  
            potential for reimbursable state-mandated costs to SFBE by  
             requiring  the school board to make JROTC courses available at  
            all schools within the district where JROTC courses were  
            offered during the 2008-09 school year, as specified.  


            This measure requires SFBE to make JROTC available to its  
            pupils enrolled in schools that offered the program in the  
            2008-09 school year, if the school also makes athletic  
            programs available to its pupils.  Since all of the schools  
            that offered JROTC courses in the 2008-09 school year make  
            athletic programs available to its pupils, it is likely  
            districts may submit a reimbursement claim to the Commission  
            on State Mandates for the state requiring them to offer JROTC  
            courses. The claim may request the entire cost to SFUSD to  
            provide JROTC to its specified schools.     








                                                                  AB 223
                                                                  Page  3



           3)JROTC  is a federal program offered to high school students.   
            Each branch of the military (i.e., the Army, Marines, Air  
            Force, Navy and Coast Guard) allows local high schools to  
            apply for and make available a JROTC program for their  
            students.    

            SFUSD has offered this program for over 90 years.  Prior to  
            the 2008-09 school year, students were able to enroll in JROTC  
            to fulfill their physical education graduation requirement.   
            However, for the 2008-09 school year, the program is only  
            offered to pupils as an elective course.  Students who  
            participate in JROTC must attend school full-time and may  
            enroll in the program at the ninth-grade level or above.  All  
            instructors are required to be retired military personnel and  
            attend military schools for JROTC instructor training.  

            According to SFUSD, of the 19 high schools, seven offer this  
            program to its students and all of these high schools offer  
            its pupils the opportunity to participate in athletic  
            programs.  In 2007-08, there were 1,050 high school students  
            enrolled in a JROTC program.  

           4)JROTC Task Force  .  As part of the original November 2006  
            resolution, the SFBE established a 16 member JROTC task force  
            to develop "alternative, creative, career driven programs with  
            the elements of the existing JROTC program that students have  
            indicated important to them."  According to SFUSD, the task  
            force met 13 times between April 17, 2007 and June 2, 2008.   
            As part of its duties, it administered a JRTOC participant  
            survey and examined a number of existing youth leadership and  
            training programs offered by the community.  The task force  
            utilized the information from its survey to identify the  
            following three components of the JROTC program that students  
            found most valuable: (a) leadership, (b) service to the  
            community, and (c) physical fitness/well-being.  

            In June 2008, the task force proposed the development of a  
            "leadership pathway" alternative program to JRTOC to be  
            implemented at two school sites in the fall of 2008.  The  
            school sites are Balboa and Lincoln high schools and the core  
            components of the "leadership pathway" are an Ethnic Studies  
            and Leadership Development course in 9th grade and a Service  
            Learning course in 10th grade that focuses on solving  








                                                                  AB 223
                                                                  Page  4

            community-based issues.  According to SFUSD, 75 students are  
            enrolled in these courses.        

           5)SFUSD  has 111 schools with an enrollment of 55,000 pupils.  Of  
            the 55,000 pupils, 41.8% (23,000) are Asian; 23% (12,652) are  
            Latino; and 12.5% (6,858) are African American.  In the  
            2007-08 FY, the district's total revenues were approximately  
            $629 million (all funds).  

           



          Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081