BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2202|
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THIRD READING
Bill No: AB 2202
Author: Block (D)
Amended: 8/13/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 6/27/12
AYES: Lowenthal, Alquist, Blakeslee, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Hancock, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Interstate Compact on Educational Opportunity
for Military
Children: task force: State Council
SOURCE : Author
DIGEST : This bill extends the sunset from January 1,
2013 to January 1, 2014, for provisions related to the
Superintendent of Public Instruction (SPI) reconvening a
task force to review the impact of the Interstate Compact
on Educational Opportunity for Military Children on
California, its school districts and its pupils, as
specified, and issue a final report to the Legislature by
December 1, 2013.
Senate Floor Amendments of 8/13/12 allow for a practical
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alternative if the original members of the task force are
no longer available for purpose of reviewing and providing
recommendations regarding the Compact.
ANALYSIS : AB 343, (Saldana), Chapter 237, Statutes of
2009, enacted the Interstate Compact on Educational
Opportunity for Military Children. The Compact provides
for the uniform treatment of military children transferring
between school districts and states. Among other things,
the Compact is meant to address issues related to:
1.Records, enrollment, placement and attendance, including
the transfer of unofficial and official records, and
placement in comparable courses, programs, and the same
grade level regardless of age.
2.Granting of additional excused absences to a pupil whose
parent has been called to or returned from active duty.
3.Eligibility for enrollment and participation in
extracurricular activities, including allowing military
dependents to attend the same school and participation in
programs and extracurricular activities with the consent
of a non-custodial parent or other person who is caring
for that child (standing in loco parentis).
4.Graduation, including the use of best efforts to waive
required courses for pupils who successfully completed
similar coursework, and consider granting a diploma from
the sending school for pupils who transfer in their
senior year of high school.
5.Binding effect of the Compact, whereby all member states'
laws conflicting with the Compact are superseded by the
Compact and all rules and bylaws developed by the
commission are binding upon member states.
In addition, AB 343 required the Superintendent of Public
instruction (SPI) to convene a task force, as specified, to
review and make recommendations about the Compact and
report to the Legislature by December 1, 2012.
This bill extends the sunset from January 1, 2013 to
January 1, 2014, for provisions related to the SPI
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reconvening a taskforce to review the impact of the
Interstate Compact on Educational Opportunity for Military
Children on California, its school districts and its
pupils, as specified, and issue a final report to the
Legislature by December 1, 2013.
Comments
The Interstate Compact on Educational Opportunity for
Military Children provides guidance as to how local school
districts address the transition needs of military
children. With the passage of AB 343, California ratified
its participation in the Compact. According to the
Military Interstate Compact Commission as of March 2012, 43
states have ratified the Compact. Individual states are
free to adopt or decline to adopt any compact; states
ratifying compacts are bound to observe the terms of the
agreement until the compact is formally renounced by the
state. Compact provisions take precedence over conflicting
state laws. AB 343 required a prior task force to
reconvene to review and make recommendations regarding the
implementation of the compact in California, including
conflicts with state law, costs to schools, and any
unintended consequences.
The Compact is only applicable to the children of active
duty members of the uniformed services, including members
of the National Guard and reserve on active duty orders,
members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a
period of one year after medical discharge or retirement,
and members of the uniformed services who die on active
duty or as a result of injuries sustained on active duty
for a period of one year after death.
Once ratified by a state, the provisions of the Compact
shall continue in force and remain binding upon each and
every member state; provided that a member state may
withdraw from the Compact by specifically repealing the
statute which enacted the Compact into law.
According to the State Department of Education's task force
report "Compact on Educational Opportunity for Military
Children," the State of California hosts the third largest
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contingent of military children in the United States. A
significant element of the state's economy remains related
to military expenditures. In San Diego County alone, the
economic impact is $24.6 billion and 375,000 jobs. The
number of school-aged military children statewide ages 5-18
is 67,300 as of 2012.
The approximate length of assignment to a military
installation, slightly different for each branch of the
service, is two to three years. Therefore, every year a
significant number of these families are transferred into
or arrive from another state or overseas, to fulfill
military obligations. Although our civilian workforce is
increasingly mobile, military families are unique in that
they do not generally choose when or where they will move
next in serving the nation. School transition issues that
result from this dynamic movement are well known. The
specific transition issues encountered by military school
children are addressed in the policy components of the
Compact, in an effort to ameliorate the issues and to
improve the military family quality of life.
Prior Legislation
AB 343 (Saldana), Chapter 237, Statutes of 2009, enacted
the Interstate Compact on Educational Opportunity for
Military Children.
AB 2049 (Saldana), Chapter 589, Statutes of 2008, required
the Superintendent of Public Instruction to convene a task
force to review and make recommendations regarding the
compact. The task force completed this review and released
recommendations, all of which were incorporated into AB
343.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/14/12)
Department of Defense
California State Commanders Veterans Council
U.S. Marine Corps Installations West
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ARGUMENTS IN SUPPORT : According to the author's office,
the Compact has some state requirements, including
selection of a State Commissioner and establishing a State
Council. This state coordination is necessary in order to
assist school districts in implementing the provisions of
the Compact to facilitate student transition and ensure
compliance. For several reasons, these fundamental state
requirements have just been recently met. Some school
districts are unaware that the Compact even exists.
Existing law requires the SPI to initiate the reconvening
of a task force for the purposes of issuing a final report
of findings and conclusions on prescribed topics to the
Legislature no later than December 1, 2013. The Compact
also has some state requirements, including naming a State
Commissioner and establishing a State Council. The
appointment by the SPI of a State Commissioner has just
recently occurred, as well as the formation of a State
Council, and there is little to report at this time. This
bill would extend the effective date of provisions
regarding the reconvening of the task force and its duties
to January 1, 2014, in order to allow time for adequate
implementation of the Compact.
PQ:n 8/14/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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