BILL NUMBER: SB 1266 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 19, 1999
INTRODUCED BY Senator Knight
(Coauthor: Assembly Member Robert Pacheco)
FEBRUARY 26, 1999
An act to amend Section 51230 of, and to add Sections
35041.3 and 51413 to, the Education Code, relating to
add Section 35041.3 to the selective service.
LEGISLATIVE COUNSEL'S DIGEST
SB 1266, as amended, Knight. Selective Service Act:
registration: high school.
Existing law requires each public postsecondary educational
institution to make every reasonable effort to inform all male
applicants for undergraduate admission of their obligation to
register in accordance with the federal Military Selective Service
Act through one or more means, as determined by each institution.
Existing law prohibits any person subject to the federal Military
Selective Service Act from receiving any financial aid administered
by the Student Aid Commission if that person has not registered in
accordance with that act.
Existing law sets minimum requirements for graduation from high
school and receipt of a high school diploma, or high school
equivalency diploma.
This bill would, to the extent permitted by federal law, prohibit
a school district from issuing a high school diploma, and would
prohibit the Superintendent of Public Instruction from issuing a high
school equivalency diploma, to a person subject to the federal
Military Selective Service Act if that person has not registered in
accordance with that act.
This bill would require that all pupils be taught about the
importance of, and their personal responsibility to, the selective
service obligation as a part of the course in American government and
civics required for high school graduation, the consequences of
failure to register, and be taught how to register, including, but
not limited to, registration by use of the Internet.
Existing law authorizes school districts to appoint prescribed
staff, including, but not limited to, police reserve officers,
administrative advisors, and legal counsel.
This bill would , to the extent permitted by federal law,
require the governing board or boards of any school
district to make every reasonable effort to appoint a
selective services registrar for each high school, who may be a
school employee or a school volunteer who is 18 years of age or
older, to ensure that all help pupils
subject to the federal Military Selective Service Act enrolled in the
high school have registered register
in accordance with that act.
By requiring school districts to comply with these new
requirements relating to selective service, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35041.3 is added to the Education Code, to
read:
35041.3. Notwithstanding any provision in a city, county, or city
and county charter to the contrary, and to the extent permitted by
federal law, the governing board
SECTION 1. The Legislature finds and declares all of the
following:
(a) Under federal law young men are required to register with the
Selective Service pursuant to the federal Military Selective Service
Act (50 U.S.C. App. 451 et seq.) within 30 days of their 18th
birthday.
(b) Under federal law, failure to register is a felony punishable
by a fine of up to two hundred fifty dollars ($250), imprisonment for
up to five years, or both the fine and imprisonment.
(c) Registration with the Selective Service is a condition of
eligibility under federal law in order to be eligible for federal
student loans and federal job training.
(d) Under California law, registration is required for a student
to be eligible for state student financial aid and for appointment to
many state and local government jobs.
(e) Every effort must be made to ensure that young men are aware
of, and fulfill, their obligation to register for the Selective
Service.
SEC. 2. Section 35041.3 is added to the Education Code to read:
35041.3. (a) The governing board or boards of any school
district shall make every reasonable effort to appoint a
selective service registrar for each high school. The selective
service registrar may be an employee of the high school where he or
she is appointed or a school volunteer who is 18 years of age or
older. The duties duty of the
selective service registrar are to ensure that all is to help pupils
subject to the federal Military Selective Service Act (50 U.S.C. App.
451 et seq.) enrolled in the high school have registered
register in accordance with that act.
SEC. 2. Section 51230 of the Education Code is amended to read:
51230. As a part of the course in American government and civics
required for high school graduation pursuant to subparagraph (D) of
paragraph (1) of subdivision (a) of Section 51225.3, all pupils shall
do all of the following:
(a) Read and be taught all of the following:
(1) The Declaration of Independence.
(2) The United States Constitution, including the Bill of Rights.
(3) Substantive selections from the Federalist Papers.
(4) The Emancipation Proclamation.
(5) The Gettysburg Address.
(6) George Washington's Farewell Address.
(b) Be taught about the importance of, and their personal
responsibility to, selective service obligations.
(c) Be taught about the consequences of failure to register for
the selective service.
(d) Be taught how to register, for the selective service including
where to obtain the required for or how to register electronically
over the Internet (http://www.sss.gov).
SEC. 3. Section 51413 is added to the Education Code, to read:
51413. To the extent permitted by federal law, a school district
may not issue a high school diploma, and the Superintendent of Public
Instruction may not issue a high school equivalency diploma, to a
person subject to the federal Military Selective Service Act (50
U.S.C. App. 451 et seq.) if that person has not registered in
accordance with that act.
SEC. 4.
(b) A school district shall make every reasonable effort to inform
pupils enrolled with the district who are subject to the federal
Military Selective Service Act (50 U.S.C. App. 451 et seq.) of all of
the following:
(1) The importance of meeting one's Selective Service obligations.
(2) The consequences of not registering as required under the
federal Military Selective Service Act.
(3) How to register with the Selective Service.
SEC. 3. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.