BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1463
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          Date of Hearing:   April 29, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    AB 1463 (Smyth) - As Amended:  April 16, 2009
           
          SUBJECT  :   High school graduation: military uniforms.

           SUMMARY  :   Allows a pupil who has fulfilled all high school  
          graduation requirements and has completed basic training of any  
          branch of the United States military to wear his or her dress  
          uniform in his or her graduation ceremony.

           EXISTING LAW  :

          1)Establishes the following minimum high school graduation  
            requirements for pupils in grades 9-12, inclusive:

             a)   Three years of English;

             b)   Two years of math;

             c)   Two years of science;

             d)   Three years of social studies, including a one-semester  
               course in American government and civics and a one-semester  
               course in economics;

             e)   One course in visual or performing arts or foreign  
               language;

             f)   Two courses in physical education; and,

             g)   Other coursework that the governing board of the school  
               district may specify.

          2)Requires pupils to successfully pass the high school exit exam  
            as a condition of receiving a diploma of graduation.  

          3)Requires, commencing with the 2003-04 school year and each  
            year thereafter, at least one course, or a combination of the  
            two courses, in mathematics required to be completed by pupils  
            while in grades 9 to 12, inclusive, prior to receiving a  
            diploma of graduation from high school, meet or exceed the  
            rigor of the content standards for Algebra I, as adopted by  








                                                                  AB 1463
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            the State Board of Education.

           FISCAL EFFECT  :   This bill is keyed non-fiscal.

           COMMENTS  :   Current Education Code makes no reference to  
          graduation dress requirements.  Such decisions are controlled  
          locally and can vary from district to district, and even from  
          school to school within the same district.  Traditional dress  
          for high school graduation is a cap and gown that represents  
          school colors.  It is up to each individual student whether he  
          or she chooses to walk in his or her high school graduation  
          ceremony and receiving one's diploma is not contingent on  
          participating in the ceremony.

          According to the author, this bill was motivated by a student  
          who completed his graduation requirements early and left to  
          complete basic training for the United States Marine Corps  
          before his high school graduation ceremony date.  When he asked  
          if he could wear his military dress uniform to the ceremony, the  
          principal of the high school denied his request.  

          While the principal later changed his ruling and the school  
          district amended its graduation dress policy to grant his  
          request, there is no protection in place for similarly situated  
          students across the state.  This bill would grant students the  
          right to wear their military dress uniform and supersede any  
          local policies by school districts and administrators of what  
          constitutes appropriate ceremonial dress.  The author believes  
          that this bill will show gratitude to the dedicated students who  
          have graduated early and chosen to serve their country in the  
          military.  Accordingly, staff recommends an amendment to clarify  
          that this bill only applies to students who are active members  
          of the armed forces at the time of their graduation ceremony.  

          While no specific data was found on the number of students who  
          may be affected by this legislation, the number is assumed to be  
          relatively small.  The student would have had to graduate early  
          and complete eight-week basic training.  If the student is a  
          minor, he or she would have had to receive parental consent to  
          enlist in the military.  

          Potential issues to consider include whether similar protections  
          should be granted to students who choose to wear other dress  
          during their high school graduation ceremony for religious or  
          cultural reasons.








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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Irene Ho / ED. / (916) 319-2087