BILL ANALYSIS
AB 534
Page 1
Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 534 (Duvall) - As Introduced: February 25, 2009
SUBJECT : Pupils: career fairs
SUMMARY : Requires a school that offers a career fair to its
pupils to allow military recruiters access to that career fair
to the same extent that it allows other persons and entities
access to the fair.
EXISTING LAW
1)States that the Legislature recognizes that all pupils need to
be provided with opportunities to explore and make career
choices and to seek appropriate instruction and training to
support those choices.
2)States that fairs as community resource and youth leadership
activities are integral to assisting and guiding pupils in
making choices and encourage the further expansion of
cooperative activities between schools, youth leadership
activities, and community resources. Among community
resources of particular significance in providing information
on various career opportunities are vocational and
occupational exhibits, demonstrations and activities conducted
at fairs.
3)Requires the California Department of Education (CDE) to
annually encourage school districts to plan programs and
activities that use the resources of fairs and youth
leadership activities as an integral part of the vocational
instructional program and career decision-making.
4)Requires, under the federal No Child Left Behind Act of 2001
(NCLB) and the National Defense Authorization Act, that
secondary schools release students' names, addresses, and
telephone numbers to military recruiters and institutions of
higher education unless a parent opts-out by providing a
written request that the student's personal contact
information is not released, and requires schools to notify
parents of this right to opt-out.
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FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : The federal NCLB requires that schools receiving
federal funding make available the names, addresses, and
telephone listings of its students to military recruiters or
institutions of higher education (IHEs). School districts are
required to notify parents and students that they may opt-out
through written request preventing military recruiters from
getting students' personal information.
However, the procedures for this opt-out and the level of
notification provided to parents and guardians vary widely from
district to district and it is questionable as to whether
parents are aware of this right. Prior legislative efforts that
have attempted to provide more information to parents and
students regarding their right to opt-out and prevent the
military from getting the student's personal information, have
been consistently vetoed.
Career fairs: Career fairs can take various forms. They can be
job fairs where employers set up booths or tables and recruit
potential employees, but they can also entail career exploration
activities which allow students to learn about particular
industry sectors and pathways in terms of career opportunities
at various levels of education and training. These fairs are
also used to showcase or advertise career technical education
programs or course options offered at the school.
Career fairs are not limited to high school campuses. Some
middle schools and even elementary schools may offer career
fairs and career days that take the form of career exploration
activities, as may be appropriate for different grade levels.
These activities in middle schools may also include promoting
career technical education course offerings at local high
schools schools. This bill would require military recruiters to
participate in those activities, thus raising the question of
the appropriateness of requiring schools to allow access to
military recruiters in elementary and middle school campuses.
Furthermore, an argument can be made that schools should
maintain the flexibility in coordinating career fairs and other
career activities for their students and that districts should
maintain the discretion to invite the representatives they deem
appropriate for their students. Career fairs are optional
activities for schools and no other specific requirements
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currently exist controlling what entities or groups should be
allowed access to such activities. The Education Code is
permissive, and if districts choose to include military
recruiters in career fairs, they have the discretion of doing
so.
This bill raises a question of whether it is appropriate for
educational institutions to promote military service. Some
communities have taken action against military recruitment in
public schools. For example, in November of 2005, the residents
of San Francisco passed Proposition I ("College Not Combat"), a
ballot measure that declared the city's opposition to military
recruitment in public high schools and universities and stated
that money should instead be directed toward scholarships.
Proposition I was non-binding and thus it did not prohibit the
ability of military recruiters to spend time on high school and
college campuses. Despite such actions, school districts that
receive federal funds still have to comply with NCLB's
requirement to grant military recruiters access to students'
information upon request.
Federal law is clear in that military recruiters should be
allowed to receive the name, address, and telephone listings of
juniors and seniors in high school, upon request. Recruiters
already have access to students at school and often times at
home, and thus the need for this bill is unclear. Schools and
districts can determine the best approach to comply with the
requirements of the NCLB and the National Defense Authorization
Act.
What problem is this bill is trying to solve? There is no
evidence that there is a recruiting problem, in fact there is
evidence that military recruiting goals have been met and even
exceeded in some instances. In a press release by the American
Forces Press Service, dated December 16, 2008, Curt Gilroy,
accession policy director for the U.S. Defense Department said,
"Recruiting so far in fiscal 2009, which began Oct. 1, is on par
with the success the Defense Department enjoyed in fiscal 2008,
which was the department's highest recruiting year in the past
five." The press release notes that the trend has continued
into the first two months of fiscal year 2009.
Mr. Gilroy further asserts, "The state of the union with respect
for recruiting is very good, particularly the last two months.
Beginning fiscal year 2009, the services have not only met their
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numerical recruiting goals, but they've met their quality
recruiting goals as well."
The same press release indicates that the total force enlisted
more than 28,000 new recruits in October and November and that
for both months, the Army and Marine Corps exceeded their goals,
while the Navy and Air Force met their goals.
The author states, "In these uncertain economic times, we must
ensure that our students have access to the most employment
options that we can give them. School career fairs are vital
informational tools that show students the various employment
options that are available."
Arguments in support : The American Legion, Department of
California writes, "We believe that students have the
opportunity to learn about all career opportunities, including
the many opportunities that serving our country in one of the
branches of the military can offer. Young people should have all
the information available as they decide what direction they
want to go in life."
Arguments in opposition : The California Federation of Teachers
writes, "The Federation believes that this requirement should
not be imposed upon any school or school district. If the
governing board and community are welcoming to a recruiter, then
that is their decision. Otherwise, the proposed change to the
education code could cause a disruption to the education system
where one need not be."
Previous legislation : AB 2994 (Lieber and Hancock) of 2008
supports the rights of parents with respect to protection of the
confidentiality of pupil record information under the federal
Family Education Rights and Privacy Act (FERPA) and the No Child
Left Behind (NCLB) Act by requiring specific notifications. AB
2994 was vetoed by Governor Schwarzenegger with the following
message:
"This bill is substantively similar to a bill I vetoed in 2006.
I continue to believe that schools should maintain the
flexibility to develop their own procedures to ensure compliance
with existing state and federal laws."
AB 1778 (Lieber), of 2006, requires that school districts, that
require parents or guardians of secondary school pupils to
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provide current emergency information, include a specific notice
in the emergency request form about their right to opt-out of
the release of their student's pupil record information to
military recruiters and institutions of higher education. AB
1778 was vetoed by Governor Schwarzenegger with the following
message:
"State and federal law already require school districts to
notify parents of the types of student information that they
release to the public. The notice must include an explanation
of a parent's right to request that the information not be
disclosed without prior written consent and the method and
timeline for making such a request. Ultimately, I believe that
schools should maintain the flexibility to develop their own
procedures to ensure compliance with state and federal laws
without the state dictating how procedures are implemented."
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of California
Capitol Resource Family Impact
Opposition
California Federation of Teachers
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087