BILL ANALYSIS
AB 796
Page 1
GOVERNOR'S VETO
AB 796 (Carter)
As Amended August 17, 2009
2/3 vote
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|ASSEMBLY: |51-29|(May 11, 2009) |SENATE: |23-15|(September 1, |
| | | | | |2009) |
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|ASSEMBLY: |49-28|(September 8, | | | |
| | |2009) | | | |
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Original Committee Reference: ED.
SUMMARY : Adds participating in civic engagement activities
offered by a non-profit or governmental entity to the list of
justifiable personal reasons for which a pupil is required, upon
approval of the principal or a designated representative
(designee), to be excused from school when absent.
Specifically, this bill :
1)Limits excused absences related to a pupil's participation in
civic engagement activities to no more than 10 days per
academic year, and prohibits participation in a demonstration
or political activity from being treated as an excused
absence.
2)Defines "civic engagement activities" to mean volunteering to
work in a community to help address a problem or interact with
the institutions of representative democracy; also states that
civic engagement activities may include, but are not limited
to, volunteering to work at a community based non-profit
organization, serving on a neighborhood association, tutoring
or mentoring young children, testifying before the local city
council, and appearing before a state or federal board or
committee.
AB 796
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The Senate amendments clarify the definition of civic engagement
activities, and prohibit participation in a demonstration or
political activity from being treated as an excused absence.
EXISTING LAW :
1)Requires a school district to treat a student's absence as
excused when that absence is caused by any of a number of
specified reasons, including illness, medical appointments,
funeral services for an immediate family member, jury duty,
service as a member of a precinct board for an election, and
justifiable personal reasons, defined as being a situation
where the pupil's absence has been requested in writing by the
parent or guardian and approved by the principal or a designee
pursuant to uniform standards established by the school
district governing board. "Justifiable reasons" include, but
is not limited to, an appearance in court, observance of a
holiday or ceremony of his/her religion, or attendance at a
religious retreat, an employment conference, a funeral service
or an educational conference on the legislative or judicial
process offered by a nonprofit organization.
2)Prohibits excused absences from generating average daily
attendance (ADA) for district funding purposes.
3)Requires schools and school districts to allow students to
make up missed examinations and coursework that result from an
excused absence, and requires that students, who complete such
make-up work satisfactorily and in a reasonable time, receive
full academic credit.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : According to the author, "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
AB 796
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member of a youth commission."
Supporters state that pupils who wish to benefit from civic
engagement activities outside of class are often not allowed to
make up missed 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 must 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 opportunity."
The Tuft's University Center for Information & Research on Civic
Learning & Engagement in a recently released research paper,
"Civic Engagement and the Changing Transition to Adulthood,"
argues that the transition to adulthood has been dramatically
transformed since the 1970s, and is now very different for
people with and without college educations. The study expresses
concern over a growing "gulf in civic participation between
those who go on to college and those who do not. Ethnic
minorities and new immigrants (both of which comprise a growing
proportion of the U.S. population), as well as young people from
working-class backgrounds, are less likely to complete high
school or attend college. It is imperative that opportunities
be created in the institutional settings in which these young
people exist so that these groups might be better incorporated
into the body politic. Failing to do so is a disservice not
only to our democratic ideals, but to the future of our
society."
Arguments in opposition would include that this proposal creates
an incentive for a reduction in classroom-based instructional
time, and that districts currently may decide locally to allow
pupils to make up missed work after being absent for these
reasons. AB 2396 (Carter), a substantially similar bill, was
vetoed by the Governor in 2008; the Governor's veto message
said, "While I recognize that there are many civic and other
educational opportunities outside of the classroom, nothing
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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."
This bill addresses only the issue of excusing a pupil absence
related to participation in civic engagement activities outside
of the classroom for the purposes of making up missed
coursework; this bill does not result in additional ADA or
funding for the pupil's school district. Excused absences do
not count toward ADA for funding purposes. Under current law
and this proposal, an absence is deemed to be justifiable and
excused only after the approval of a written parental request by
the pupil's principal. The principal determines both whether
the reason is justifiable under the law and whether to approve
the request.
GOVERNOR'S VETO MESSAGE :
"While civic and other volunteer activities are beneficial to
those who choose to participate, these activities should be in
addition to, and not in place of, valuable classroom learning
time with a qualified teacher. This bill is similar to
legislation I previously vetoed. As indicated at that time,
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. Therefore, the bill is unnecessary."
Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087
FN: 0003368