BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 237
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          Date of Hearing:   June 12, 2013

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                    SB 237 (Calderon) - As Amended:  June 4, 2013

            [Note: This bill is doubled referred to the Assembly Veterans  
             Affairs Committee and will be heard as it relates to issues  
                              under its jurisdiction.]
          
           SENATE VOTE  :   36-0
           
          SUBJECT  :   High School Diplomas: Veterans

           SUMMARY  :  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 the reference  
               to veterans of World War II, the Korean War, or the Vietnam  
               War.

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

          3)   Requires a school district or county office of education,  
               before granting a retroactive high school diploma, to a  
               veteran that began his or her service after May 1, 1973, to  
               require the otherwise eligible veteran to pass the high  
               school exit exam or have satisfactorily completed half of  
               the work required for grade 12.

           EXISTING LAW  :

           Retroactive High School Diplomas


             1)   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:

               a)        The person was interned by order of the federal  








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                    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.

               b)        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 in those wars. 

             1)   Authorizes school districts and county offices of  
               education, for a former member of the Armed Forces who is a  
               resident of California and who has received an honorable  
               discharge, or for an active member of the Armed Forces who  
               is a resident of California, who has not received a high  
               school diploma to do all of the following:

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

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

               c)        Grant a diploma of graduation if satisfied that  
                    the person has completed the equivalent of the  
                    requirements for graduation from high school.  

             1)   Requires a high school to grant a diploma of graduation  
               to a veteran who was enrolled in that high school in grade  
               12 at the time of entering military and had satisfactorily  
               completed the first half of the work required for  
               completion of grade 12.  

             2)   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.  

             3)   Provides that war with a foreign power exists under any  
               of the following conditions:








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

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

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

           High school graduation requirements

           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; and

               f)        Two years of physical education.

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

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









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           FISCAL EFFECT  :   This bill is keyed as non-fiscal by Legislative  
          Counsel.

           COMMENTS  :   For those members of the armed forces that left high  
          school early due to enlistment, this is an important recognition  
          of their formidable sacrifice.  While current law recognizes  
          only those who served in WWII, the war in Korea, and the Vietnam  
          War, this bill would make this recognition available to those  
          thousands of men and women who have served in military actions  
          including, but not limited to:
                 Persian Gulf War
                 NATO and United States Intervention in Bosnia and  
               Herzegovina
                 Invasion of Afghanistan
                 Invasion of Iraq
           

            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.  According to the United States  
          Department of Defense, "a high school diploma is most desirable  
          [though] candidates with a GED can enlist, but some Services may  
          limit opportunities. It is very difficult to be considered a  
          serious candidate without either a high school diploma or  
          accepted alternative credential." Therefore, as applied to  
          recent military actions, this bill would only apply to a limited  
          number of veterans.
           
          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.

           New Requirement  s. This bill imposes a new requirement that may  
          make it more difficult for veterans to earn a retroactive high  
          school diploma.  Current law allows for a retroactive high  








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          school diploma for any veteran of specified wars to be awarded a  
          high school diploma if their education was interrupted by  
          service in the military.  This bill requires the governing board  
          of the school district or county office of education to require  
          that, as a condition of awarding a retroactive high school  
          diploma to a veteran who began his or her service after May 1,  
          1973, the veteran must have either passed the California High  
          School Exit Exam or have satisfactorily completed a least  
          one-half of the coursework required for completion of grade 12.   
          The United States has not issued a draft call since December 7,  
          1972, so the May 1, 1973 date is intended to exclude all of  
          those men and women who began their service prior to the draft  
          conducted during the Vietnam War.  This language is taken from  
          existing language that requires the governing board to grant a  
          high school diploma to those veterans who left that high school  
          in the 12th grade to serve in the military, and who have  
          completed at least the first half of the high school's 12th  
          grade requirements. This amendment extends those provisions to  
          any California high school for any veteran, as specified,  
          whether or not he or she was enrolled at the time of enlistment.  
           

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Legion
          AMVETS, Department of California
          Veterans of Foreign Wars (VFW), Department of California
           
           Opposition 
           
          None on file

           Analysis Prepared by :    Jill Rice / ED. / (916) 319-2087