BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1463
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1463 (Smyth)
          As Amended  July 15, 2009
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 18, 2009)  |SENATE: |35-0 |(August 17,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   ED.

          SUMMARY  :  Allows a pupil who has fulfilled all high school  
          graduation requirements and is an active member of any branch of  
          the United States Armed Forces to wear his or her dress uniform  
          in his or her graduation ceremony.

           The Senate amendments  clarify that a pupil may only wear his or  
          her United States Armed Forces uniform in his or her graduation  
          ceremony only if he or she is otherwise eligible to participate  
          in the ceremony.  A technical amendment would add this provision  
          to Education Code Section 35183 relating to dress code, rather  
          than Education Code Section 51413 relating to diplomas.

           EXISTING LAW  :

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

          2)Authorizes school districts to adopt or rescind a reasonable  
            dress code policy if the governing board approves a plan, as  
            specified.

           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, 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  








                                                                  AB 1463
                                                                  Page  2

          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. 


          Analysis Prepared by  :    Irene Ho / ED. / (916) 319-2087


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