BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 796|
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                                 THIRD READING


          Bill No:  AB 796
          Author:   Carter (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-1, 6/17/09
          AYES:  Romero, Alquist, Hancock, Liu, Padilla, Simitian
          NOES:  Huff
          NO VOTE RECORDED:  Maldonado, Wyland

           ASSEMBLY FLOOR :  51-29, 5/11/09 - See last page for vote


           SUBJECT  :    Excused absences:  participation in civic  
          engagement
                      activities 

           SOURCE  :     Author


           DIGEST  :    This bill adds participation in civic engagement  
          activities offered by a non-profit organization or  
          governmental entity to the list of reasons that justify a  
          pupils excused absence from school.

           ANALYSIS  :    Current law specifies a number of reasons,  
          such as illness or attendance at a funeral of a family  
          member, which are to be considered "excused absences" and  
          thereby exempt the pupil from being considered absent  
          without excuse and subject to possible truancy sanction.   
          When a pupil's absence is for a "justifiable personal  
          reason" as specified in law, then the absence may be  
                                                           CONTINUED





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          excused, but only if it is requested in writing by the  
          pupil's parent or guardian and approved by the school  
          principal acting under policies established by the school  
          district governing board.

          Prior to 1997, the excused absence of a pupil would be  
          included along with regular pupil attendance in the  
          computation of average daily attendance (ADA) which is used  
          to generate school revenue limit funding.  SB 727  
          (Rosenthal), Chapter 855, Statutes of 1997, eliminated  
          excused absences from the ADA calculation and adjusted  
          school district revenue limits to hold districts fiscally  
          harmless form the resultant reduction in ADA counts.   
          Therefore, the designation of an absence as "excused" no  
          longer makes a difference with regard to "per pupil" school  
          funding.

          Current law requires schools to allow pupils to complete  
          all assignments and exams missed during an excused absence  
          that can be reasonably provided, and requires that excused  
          pupils, who complete such make-up work satisfactorily and  
          in a reasonable time, receive full academic credit for that  
          work.

          This bill expands the list of reasons that justify an  
          excused absence from school.  Specifically, this bill:

          1.Adds participation in the civic engagement activities  
            offered by a non-profit organization or governmental  
            entity to the list of reasons that justify a pupil's  
            excused absence from school.

          2.Limits participation in civic engagement activities that  
            count as an excused absence to no more than 10 days per  
            academic year.

           Related Legislation

           SB 520 (Pavley) authorizes a school district to offer one  
          credit for each 12 hours of community service outside of  
          regular school hours provided by a high school pupil, up to  
          a maximum of five credits per pupil per semester, and for a  
          maximum of two semesters.  SB 520 requires the school  
          district that elects to offer credit for community service  







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          to keep a list of suitable community service organizations  
          from which a pupil may choose an organization whereto  
          complete the volunteer hours.  SB 520 is pending in the  
          Assembly Education Committee.
           
          Prior Legislation

           AB 2396 (Carter), 2007-08 Session, was identical to this  
          bill.  AB 2396 was vetoed by the Governor, whose veto  
          message read:

          "While I recognize that there are many civic and other  
          educational opportunities outside of the classroom, nothing  
          under current law prohibits parents from working with a  
          school to allow their child to participate in civic  
          opportunities if they choose to do so, even without this  
          measure."

          AB 750 (Carter), 2007-8 Session, would have excused the  
          absence of a pupil who has engaged in leadership or civic  
          engagement activities for the purpose of a school district  
          calculating ADA.  The bill was held on the Assembly  
          Appropriations Committee's suspense file.

          AB 1320 (Carter), 2007-08 Session, would have deemed a  
          pupil who serves as a member of a precinct board (i.e., a  
          high school pupil at least 16-years old) or engaging in  
          other leadership or civic engagement activities as  
          participating in an independent study for the purpose of  
          calculating ADA for a school district.  AB 1320 was held on  
          the Assembly Appropriations Committee's suspense file.

          SB 278 (Lowenthal), Chapter 204, Statutes of 2007, added  
          "attendance at an educational conference on the legislative  
          or judicial process offered by a nonprofit organization" to  
          the list of reasons that justify a pupil's absence from  
          school.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/18/09)

          Alliance for Education Solutions







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          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          California Association of Nonprofits Policy Council
          California Association of Student Council
          California Coalition for Youth
          California Teaches Association
          Youth Leadership Institute

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "Many young people gain valuable life skills and  
          experiences in activities outside the classroom such as  
          participation in a community committee, an advisory board  
          or task force, attendance at an educational conference on  
          the legislative or judicial process, or as a member of a  
          youth commission."

          Supporters of this bill state that pupils who wish to  
          benefit from civic engagement activities outside of the  
          classroom are currently being penalized for their efforts,  
          in that students are often not allowed to make up missed  
          exams and coursework.  The author states that, "Ultimately,  
          punitive measures are preventing students from getting the  
          leadership and civic experience they need before leaving  
          high school; denying students learning that needs to take  
          place outside of the classroom.  Often students make a  
          difficult choice - to participate in a leadership  
          experience that may be unlike anything they experience or  
          that is available at their school and be recorded as  
          truant, or stay in school and miss out on a unique learning  
          experience."


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Emmerson,  
            Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani,  
            Hall, Hayashi, Hernandez, Hill, Huffman, Jones,  
            Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,  
            Nava, John A. Perez, V. Manuel Perez, Portantino, Price,  
            Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Yamada, Bass
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Blakeslee, Conway, Cook, DeVore, Duvall, Fletcher,  







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            Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,  
            Jeffries, Knight, Logue, Miller, Nestande, Niello,  
            Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines


          DLW:cm  6/18/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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