BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       SB 237
          AUTHOR:        Calderon
          AMENDED:       May 1, 2013
          FISCAL COMM:   No             HEARING DATE:  May 8, 2013
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT :  Retroactive high school diplomas.
          
           SUMMARY  

          This bill expands the pool of veterans who may receive a  
          retroactive high school diploma to include people who  
          served in the military after the Vietnam War.

           BACKGROUND  

           Retroactive high school diplomas
           
          Current law authorizes school districts and county offices  
          of education to retroactively grant a high school diploma  
          to a person who has not received a diploma if he or she  
          meets either of the following:

          1)   The person was interned by order of the federal  
               government during World War II and was enrolled in a  
               high school immediately preceding his or her  
               internment and did not receive a diploma because his  
               or her education was interrupted due to internment.

          2)   The person is a veteran of World War II, the Korean  
               War or the Vietnam War, was honorably discharged from  
               military service, was enrolled in high school  
               immediately preceding his or her military service in  
               those wars, and did not receive a diploma because his  
               or her education was interrupted due to military  
               service.  (Education Code � 51430)

          Current law authorizes school districts and county offices  
          of education to, for a former member of the Armed Forces  
          who is a resident of California and who has received an  
          honorable discharge, or for a member of the Armed Forces  







                                                                SB 237
                                                                Page 2

          who is a resident of California, who has not received a  
          high school diploma:

          1)   Evaluate classes completed in any high school,  
               community college or state college.

          2)   Grant credit toward graduation for military service  
               and training received while in the military service of  
               the United States.

          3)   Grant a diploma of graduation if satisfied that the  
               person has completed the equivalent of the  
               requirements for graduation from high school.  
               (EC � 51440)

          Current law requires a high school to grant a diploma of  
          graduation to a veteran who was enrolled in grade 12 at the  
          time of entering military and had satisfactorily completed  
          the first half of the work required for grade 12.  (EC �  
          51440)

          Current law defines a veteran as a person who has served 90  
          days or more in the military service of the United States  
          during a war with a foreign power or during any national  
          emergency declared by the President of the United States  
          and who has received an honorable discharge from that  
          service.  (EC � 51442)

          Current law provides that war with a foreign power exists  
          under any of the following conditions:

          1)   Whenever Congress has declared war and peace has not  
               been formally restored.

          2)   Whenever the United States is engaged in active  
               military operations against any foreign power, whether  
               or not war has been formally declared.

          3)   Whenever the United States is assisting the United  
               Nations, in actions involving the use of armed forces,  
               to maintain or restore international peace and  
               security.  (EC � 22804)

           High school graduation requirements
           
          Current law:







                                                                SB 237
                                                                Page 3


          1)   Requires a pupil to pass both the English language  
               arts and mathematics portions of the California High  
               School Exit Exam and complete the following courses as  
               a condition of graduating from high school:

               a)        Three years of English. 

               b)        Two years of mathematics.  

               c)        Two years of science, including biological  
                    and physical sciences.  

               d)        Three years of social studies, including  
                    United States history and geography; world  
                    history, culture, and geography; one semester of  
                    American government and civics, and one semester  
                    of economics.   

               e)        One year of visual or performing arts,  
                    foreign language, or beginning with the 2012-13  
                    school year, career technical education.  

               f)        Two years of physical education.  (EC �  
                    60851 and � 51225.3)

          2)   Requires one of the two years of mathematics to meet  
               or exceed the rigor of the content standards for  
               Algebra I.  (EC � 51224.5)

          3)   Authorizes school districts to impose additional  
               coursework requirements as a condition of graduation  
               from high school.  (EC � 51225.3)

           ANALYSIS
           
           This bill  expands the pool of veterans who may receive a  
          retroactive high school diploma to include people who  
          served in the military after the Vietnam War.   
          Specifically, this bill:

          1)   Expands the group of veterans who may be granted a  
               retroactive high school diploma by striking reference  
               to veterans of World War II, the Korean War, or the  
               Vietnam War.








                                                                SB 237
                                                                Page 4

          2)   Expands the definition of "veteran" to include those  
               who served in the United States military during a  
               humanitarian mission.

          3)   Authorizes a school district or county office of  
               education, before granting a retroactive high school  
               diploma, to require an eligible veteran to pass the  
               high school exit exam.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author,  
               "Currently, districts and boards of education have the  
               authority to retroactively grant high school diplomas  
               to those interned as well as specified veterans.  The  
               specificity of the language does not give school  
               districts the clear ability to include veterans in  
               post-Vietnam conflicts.  Further, this bill will  
               include those who served in humanitarian missions.   
               Not all persons deployed overseas do so in the name of  
               conflict."

           2)   High school exit exam  .  Passage of the California high  
               school exit exam is currently a requirement for high  
               school graduation.  This bill authorizes school  
               districts and county offices of education to require a  
               veteran to pass the high school exit exam as a  
               condition of receiving a retroactive high school  
               diploma.  Staff recommends an amendment to instead  
               require a veteran to either pass the high school exit  
               exam or have satisfactorily completed half of the work  
               required for grade 12 (consistent with Education Code  
               � 51440).

           3)   Leaving high school to enter the military  .  The United  
               States military has not relied on conscription (the  
               draft) since the Vietnam War.  Current law authorizes  
               a retroactive diploma to be awarded to people whose  
               education was interrupted due to military service, but  
               does not require that service to be due to a draft or  
               by means other than volunteering to serve.  The 


          veterans to whom this bill could apply voluntarily entered  
               the military prior to graduating from high school,  
               which is not inconsistent with current law.  







                                                                SB 237
                                                                Page 5


           4)   Humanitarian missions  .  This bill expands the  
               definition of "veteran" to include those who served in  
               the United States military during a humanitarian  
               mission.  However, such missions are military  
               operations and the veteran would still have to had  
               served a minimum amount of time and been honorably  
               discharged from the military to be eligible for a  
               retroactive high school diploma.

           SUPPORT  

          American Legion, Department of California
          AMVETS, Department of California
          Veterans of Foreign Wars, Department of California

           OPPOSITION

           None on file.