BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 1463
          AUTHOR:        Smyth
          AMENDED:       May 6, 2009
          FISCAL COMM:   No             HEARING DATE:  July 8, 2009
          URGENCY:       No             CONSULTANT:    Nancy Anton

           SUBJECT  :  High School graduation ceremony and military  
          uniforms
          
           SUMMARY  

          This bill specifies that a student who has (1) fulfilled  
          all requirements to graduate from high school, and (2) has  
          completed the basic training required for and is an active  
          member of any branch of the US armed forces has the right  
          to wear their dress uniform while participating in their  
          graduation ceremony. 

           BACKGROUND  

          Current law authorizes school districts to adopt or rescind  
          a reasonable dress code policy that requires pupils to wear  
          a schoolwide uniform or prohibits pupils from wearing "gang  
          related apparel" if the governing board approves a plan, as  
          specified.  A dress code policy that requires pupils to  
          wear a schoolwide uniform shall not be implemented with  
          less than six months notice and must provide a method  
          whereby parents may choose not to have their children  
          comply.  Such a policy shall not preclude pupils that  
          participate in a nationally recognized youth organization  
          from wearing organization uniforms on days that the  
          organization has a scheduled meeting.

           ANALYSIS
           
           This bill  specifies that a student who has (1) fulfilled  
          all requirements to graduate from high school, and (2) has  
          completed the basic training required for and is an active  
          member of any branch of the US armed forces has the right  
          to wear their dress uniform while participating in their  
          graduation ceremony.




                                                               AB 1463
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           STAFF COMMENTS 

           1)   Clarifying amendments needed  .  Information from the  
               author's office indicates that it is their intent that  
               the right to wear their military dress uniform be  
               provided only to students who meet  all  of the  
               following:

               a)        Have fulfilled all of the requirements to  
                    receive a diploma of graduation from high school  
                    pursuant to this code.

               b)        Have completed basic training and be an  
                    active member of a branch of the United States  
                    Armed Forces.

               c)        Are otherwise eligible to participate in  
                    their high school graduation ceremony, if any.

               Accordingly, staff recommends that the bill be so  
               amended.

           2)   Other military service  .  Is this bill intended to  
               include students who are members of the California  
               National Guard, State Military Reserve or the Naval  
               Militia?  Staff recommends that this be clarified.

           3)   Appropriate Code  ?  This bill establishes its  
               provisions as Education Code Section 51413 thereby  
               locating it in an area of the code relating to  
               diplomas.  Would it make more sense to locate it as  
               part of Education Code 35183 which relates to dress  
               codes and school uniforms?

           SUPPORT  

          None received.

          OPPOSITION

           None received.