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Julian
D. Crocker
County Superintendent of Schools
GOVERNOR'S ACTION ON TWO EDUCATION BILLS
The final act of a legislative session takes place in the
Governor's office. This is when the Governor reviews the hundreds
of bills that have been passed by the state legislature and
are awaiting the Governor's signature or veto. For the 2011
legislative session, October 9th was the last day for the
Governor to either sign or veto bills. I will review two bills
presented to the Governor that impact schools in our county
and the action he took on each one.
SB 461(Blakeslee). Governor Brown signed this bill into law
that will take effect on January 1, 2012. The bill was authored
by Senator Sam Blakeslee, who represents our county. This
bill changes the GED (General Education Diploma) testing age
from age 18 to 17 for students in drop out prevention programs
in the state and was introduced primarily to address a problem
that existed at our local Grizzly Youth Academy. The Academy
is a drop out prevention program that combines a strong educational
element with a residential aspect that focuses on leadership
skills and building self-respect. Some Grizzly graduates successfully
complete the Academy but still lack sufficient credits to
earn a high school diploma. One option for these students
is to take the GED exam and, if successful, receive their
diploma. However, most of the Grizzly students complete the
Academy several months prior to their 18th birthday and often
return to a home environment that is not supportive of education,
thus losing the momentum gained at the Academy.
With this new law, a student can take the GED exam immediately
after completing the Academy and that allows that student
to take their next educational or career step. I appreciate
Senator's Blakeslee's effort in getting this bill through
the legislature and eventually securing the Governor's signature.
When the Governor was Mayor of Oakland, he had personal experience
with the Oakland Military Institute, a program similar to
Grizzly, and he knows its value.
AB 165 (Lara). Governor Brown vetoed this bill that addressed
the issue of charging fees to students attending the state's
public schools. The California State Constitution is very
clear that the state's public schools are to be free. Subsequent
court rulings have reinforced this requirement including participation
in extra-curricular activities such as marching band or athletics.
The state supreme court has held that most extra-curricular
activities are so closely connected with the educational program
of a school that they are also covered by the prohibition
against fees.
The Governor felt that the current guidelines are clear and
this bill imposed unnecessary requirements on school districts
in a time of restricted resources without more evidence of
widespread abuse.
Are there any fees that are legal for schools to charge?
Yes, there are a few charges that schools can assess. These
include fees for riding district provided bus transportation
from home to school and return. Students pay for food purchased
as part of the school lunch or breakfast program. There are
provisions for reduced price meals for students living in
families below certain income levels set by the federal government.
Fees can also be charged for lost or damaged textbooks or
for materials that goes into projects (i.e. art or design)
that students actually take home.
However, with the substantial reduction in state funding
for local schools over the past three years, many school districts
have attempted to raise local revenue by expanding the areas
for charging fees to students. There have been examples of
schools in the state suggesting a "contribution"
for participation in extracurricular activities and fees for
the use of workbooks, science lab materials or physical education
uniforms. In all of these examples, schools have made it clear
that the contribution is not a requirement for participation
or enrollment. Often, particularly with athletics, there are
scholarships provided for students who cannot afford the contribution.
The expansion of the use of fees has raised the concern of
violating the free public school provision in the State Constitution.
Once a district starts to expand its use of student fees to
supplement its revenue, it can expect legal challenges from
those who want to keep a clear separation between what has
been traditionally allowed and what is often being proposed.
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