Existing law requires the Adjutant General of the Military Department to conduct a civilian youth opportunities program consisting of at least a 22-week residential program and a 12-month postresidential mentoring period, known as the National Guard Youth ChalleNGe Program. Existing law requires that the program serve at-risk teens in specified areas of the state. Existing law allows the Adjutant General to appoint a director and other service members and employees to operate the program.

This bill would allow for the appointment of a current member of the State Military Reserve who possesses a bachelors degree in psychology or social work to serve as a counselor within the program.

Existing law requires the Adjutant General of the Military Department to conduct a civilian youth opportunities program consisting of at least a 22-week residential program and a 12-month postresidential mentoring period, known as the National Guard Youth ChalleNGe Program. Existing law requires that the program serve at-risk teens in specified areas of the state. Existing law allows the Adjutant General to appoint a director and other service members and employees to operate the program.

This bill would allow for the appointment of a current member of the State Military Reserve who possesses a bachelors degree in psychology or social work to serve as a counselor within the program.

Existing law requires the Adjutant General of the Military Department to conduct a civilian youth opportunities program consisting of at least a 22-week residential program and a 12-month postresidential mentoring period, known as the National Guard Youth ChalleNGe Program. Existing law requires that the program serve at-risk teens in specified areas of the state. Existing law allows the Adjutant General to appoint a director and other service members and employees to operate the program.

This bill would allow for the appointment of a current member of the State Military Reserve who possesses a bachelors degree in psychology or social work to serve as a counselor within the program.

 CONSENT  

Bill No: AB 2870

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 6/12/18

AYES: Nielsen, Dodd, Nguyen, Roth, Wilk

NO VOTE RECORDED: Newman, Hueso

ASSEMBLY FLOOR: 69-0, 4/5/18 - See last page for vote

SUBJECT:

SOURCE: California Military Department

DIGEST:

This bill grants authority to the Adjutant General to appoint a member of the State Military Reserve (SMR), who has a bachelor’s degree in psychology or social work, to serve on State Active Duty (SAD) status as a counselor in the state’s National Guard Youth ChalleNGe program.

ANALYSIS: Existing federal law authorizes the Secretary of Defense to conduct, through the National Guard Bureau, a civilian youth opportunities program; broadly defines its characteristics and instructional model; and requires that the program may operate in an individual state only through agreement between the Secretary of Defense and the state’s governor.

Existing state law:

1. Establishes the California Military Department (CMD), under the direction of the Adjutant General (TAG), as a state administrative umbrella for state military forces and programs, including the active militia which comprises the California National Guard (CNG), SMR, and Naval Militia.
2. Authorizes the Governor to order the active militia or any portion of it to perform military duty of every description, including necessary administrative duties.
   1. Establishes the SAD program, which provides both temporary and permanent uniformed military positions funded by the state, to manage personnel on non-emergency state active duty status.
   2. Provides that permanent SAD positions be filled by a military competitive selection process and that applicants for those positions meet specified eligibility criteria. Eligibility for SAD requires one of the following two ongoing statuses:
      1. Concurrent membership in the CNG; or
      2. Concurrent membership in the SMR with a minimum of two years of prior SMR service. (The two-year SMR service requirement is waived if the individual is retired or otherwise honorably separated from service with the active component of any branch of the United States Armed Forces, the federal reserve component of any branch of the U.S. Armed Forces, or the federally recognized National Guard of any state or U.S. territory.)
3. Authorizes and directs the CMD to conduct a civilian youth opportunities program to serve at-risk teens in various areas of the state. Provides that the program shall be known as the “National Guard Youth ChalleNGe Program.”
4. Requires the CMD to enter into a memorandum of agreement with an appropriate school district or a county office of education for the purpose of providing educational services for students enrolled in a National Guard Youth ChalleNGe Program.
5. Authorizes TAG to accept federal funding to implement a National Guard Youth ChalleNGe Program, and to appoint a director and other service members and employees, permanent or temporary, to operate the program.

This bill authorizes TAG to appoint a member of the SMR, who has a bachelor’s degree in psychology or social work, to serve on SAD status as a counselor in the state’s National Guard Youth ChalleNGe program. (This bill exempts an employee filling this particular SAD position from the general requirement of two years of prior service in the SMR.)

Background

The National Guard Youth ChallenGE Program was established in 1993 with the goal of providing an alternative to students (16-18 years in age) who are in danger of dropping out of high school, but who might be capable of flourishing in a program that provides a greater degree of structure and discipline, as well as offering isolation from environmental and social conditions that may be influencing students to their detriment.

Currently, there are 40 ChalleNGe academies in the United States. California has three ChalleNGe academies: Grizzly Youth Academy in San Luis Obispo, Sunburst Youth Academy in Los Alamitos, and Discovery Youth Academy in Lathrop. Each program holds two classes, or “cycles,” per year, for a total of about 1,200 cadets participating annually.

It is the nature of the program, and the students it is designed to serve, that its student population includes youths with behavioral problems that are serious enough to have contributed to their difficulties at mainstream schools, but which can be mitigated, channeled, or remediated in the right environment. Their success depends in part on having the right staff with the right qualifications on hand. It is reasonable to assume that means full-time staff with some background in mental health, social work, and/or some combination of the two.

Related/Prior Legislation

AB 1518 (Eggman, Chapter 648, Statutes of 2014) codified into state law the authority in federal law for the California National Guard Youth ChalleNGe Program. Also specified certain geographic areas to be served (San Joaquin Valley and Northern California), subject to the availability of funding.

SB 807 (Correa, Chapter 355, Statutes of 2012) specified that the SAD force consists of service members in active state service when ordered by the Governor. The bill also specified and revised eligibility and other conditions for SAD status for service members, as provided, and authorized TAG to promulgate regulations in conformity with these provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/12/18)

California Military Department (source)

California Access Coalition

OPPOSITION: (Verified 6/12/18)

None received

ASSEMBLY FLOOR: 69-0, 4/5/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Rendon

NO VOTE RECORDED: Travis Allen, Cristina Garcia, Gonzalez Fletcher, Mullin, O'Donnell, Patterson, Steinorth, Wood

Prepared by:

6/15/18 11:05:59

**** END ****

SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: AB 2870 Hearing Date: 06/12/2018

Subject: Military: National Guard: youth challenge program: counselors

DESCRIPTION

Summary:

This bill grants authority to the Adjutant General to appoint a member of the State Military Reserve (SMR), who has a bachelor’s degree in psychology or social work, to serve on State Active Duty (SAD) status as a counselor in the state’s National Guard Youth ChalleNGe program.

Existing law:

Federal law: Authorizes the Secretary of Defense to conduct, through the National Guard Bureau, a civilian youth opportunities program; broadly defines its characteristics and instructional model; and requires that the program may operate in an individual state only through agreement between the Secretary of Defense and the state’s governor.

State law:

1. Establishes the California Military Department (CMD), under the direction of the Adjutant General (TAG), as a state administrative umbrella for state military forces and programs, including the active militia which comprises the California National Guard (CNG), SMR, and Naval Militia.
2. Authorizes the Governor to order the active militia or any portion of it to perform military duty of every description, including necessary administrative duties.
   1. Establishes the SAD program, which provides both temporary and permanent uniformed military positions funded by the state, to manage personnel on non-emergency state active duty status.
   2. Provides that permanent SAD positions be filled by a military competitive selection process and that applicants for those positions meet specified eligibility criteria. Eligibility for SAD requires one of the following two ongoing statuses:
      1. Concurrent membership in the CNG; or
      2. Concurrent membership in the SMR with a minimum of two years of prior SMR service. (The two-year SMR service requirement is waived if the individual is retired or otherwise honorably separated from service with the active component of any branch of the United States Armed Forces, the federal reserve component of any branch of the U.S. Armed Forces, or the federally recognized National Guard of any state or U.S. territory.)
3. Authorizes and directs the CMD to conduct a civilian youth opportunities program to serve at-risk teens in various areas of the state. Provides that the program shall be known as the “National Guard Youth ChalleNGe Program.”
4. Requires the CMD to enter into a memorandum of agreement with an appropriate school district or a county office of education for the purpose of providing educational services for students enrolled in a National Guard Youth ChalleNGe Program.
5. Authorizes the TAG to accept federal funding to implement a National Guard Youth ChalleNGe Program, and to appoint a director and other service members and employees, permanent or temporary, to operate the program.

This bill authorizes the TAG to appoint a member of the SMR, who has a bachelor’s degree in psychology or social work, to serve on SAD status as a counselor in the state’s National Guard Youth ChalleNGe program. (The bill exempts an employee filling this particular SAD position from the general requirement of two years of prior service in the SMR.)

BACKGROUND

The National Guard Youth ChallenGE Program was established in 1993 with the goal of providing an alternative to students (16-18 years in age) who are in danger of dropping out of high school, but who might be capable of flourishing in a program that provides a greater degree of structure and discipline, as well as offering isolation from environmental and social conditions that may be influencing students to their detriment.

Currently, there are 40 ChalleNGe academies in the United States. California has three ChalleNGe academies: Grizzly Youth Academy in San Luis Obispo, Sunburst Youth Academy in Los Alamitos, and Discovery Youth Academy in Lathrop. Each program holds two classes, or “cycles,” per year, for a total of about 1,200 cadets participating annually.

It is the nature of the program, and the students it is designed to serve, that its student population includes youths with behavioral problems that are serious enough to have contributed to their difficulties at mainstream schools, but which can be mitigated, channeled, or remediated in the right environment. Their success depends in part on having the right staff with the right qualifications on hand. It is reasonable to assume that means full-time staff with some background in mental health, social work, and/or some combination of the two.

COMMENT

Committee Analytical Comment:

The State has budgeted eleven youth counselor positions across California’s three ChalleNGe academies, but the CMD claims it is having trouble finding qualified people to fill those positions. In the past 18 months, one advertised vacancy has failed to generate a single qualified applicant, according to the CMD. The problem is in finding people who meet the necessary qualifications to serve as a youth counselor and who are eligible also under existing law for appointment to the SAD military force. A member of the SMR with a bachelor’s degree in psychology or social work, who has served in the SMR for fewer than two years, but, for example, six months to a year or more, would still be ineligible for appointment to SAD.

Author Statement:

“California has three wonderful ChalleNGe programs, including one in my district in San Joaquin County. In order to ensure that these programs can meet the needs of their cadets, we must allow qualified civilian applicants to be eligible for appointment to State Active Duty as a Youth Programs Counselor. By allowing the civilian population to apply for this critical position without the two-year minimum CSMR requirement we will greatly increase the chances of hiring the most suitable individual.”

Related/Prior Legislation:

AB 1518 (Eggman, Chapter 648, Statutes of 2014) codifies into state law the authority in federal law for the California National Guard Youth ChalleNGe Program. Also specifies certain geographic areas to be served (San Joaquin Valley and Northern California), subject to the availability of funding.

SB 807 (Correa, Chapter 355, Statutes of 2012) specifies that the SAD force consists of service members in active state service when ordered by the Governor. The bill also specifies and revises eligibility and other conditions for SAD status for service members, as provided, and authorizes the TAG to promulgate regulations in conformity with these provisions.

POSITIONS

Sponsor: California Military Department

Support: California Access Coalition

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2870

Author:()

As Introduced Ver:

Majority vote

SUMMARY: Grants to the Adjutant General the authority to appoint a member of the State Military Reserve with a bachelor's degree in psychology or social work to serve on State Active Duty as a counselor in the state's National Guard Youth ChalleNGe program.

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

COMMENTS: The National Guard Youth ChalleNGe Program was established in 1993 with the goal of providing an alternative to 16 to 18 year-old students who are in danger of dropping out of high school, but who might be capable of flourishing in a program that provides a greater degree of structure and discipline, as well as offering isolation from environmental and social conditions that may be influencing students to their detriment.

There are now 40 ChalleNGe academies in the U.S., and by some measures, the program has proved itself a success: The conservative-leaning RAND Corporation published a cost-benefit analysis of the program in 2012, finding that every dollar spent on the program returns $2.66 in public benefit.

California has three ChalleNGe academies: Grizzly Youth Academy in San Luis Obispo, Sunburst Youth Academy in Los Alamitos, and Discovery Youth Academy in Lathrop. Each program holds two classes, or "cycles," per year, for a total of about 1,200 cadets participating annually.

It is the nature of the program, and the students it is designed to serve, that its student population includes youths with behavioral problems that are serious enough to have contributed to their difficulties at mainstream schools, but which can be mitigated, channeled, or remediated in the right environment. Their success depends in part on having the right staff with the right qualifications on hand. It is reasonable to assume that means full-time staff with some background in mental health, social work, and/or some combination of the two. Indeed, there are 11 youth counselor positions budgeted across California's three ChalleNGe academies, but the Military Department claims it is having trouble finding qualified people to fill those positions. In the past 18 months, one advertised vacancy has failed to generate a single qualified applicant, according to the California Military Department (CMD). The problem, according to the author, is in finding people who meet the necessary qualifications to serve as a youth counselor and who are also eligible for appointment to State Active Duty. A member of the California State Military Reserve (CSMR) with a bachelor's degree in psychology or social work, who has served in the CSMR for fewer than two years, but, for example, six months to a year or more, would still be ineligible for appointment to State Active Duty (SAD).

The bill's author provided the following statement:

"California has three wonderful ChalleNGe programs, including one in my district in San Joaquin County. In order to ensure that these programs can meet the needs of their cadets, we must allow qualified civilian applicants to be eligible for appointment to State Active Duty as a Youth Programs Counselor. By allowing the civilian population to apply for this critical position without the two-year minimum CSMR requirement we will greatly increase the chances of hiring the most suitable individual."

United States Code, Title 32, Section 109(c), authorizes the establishment of state defense forces that are separate and distinct from the Armed Forces of the United States, and which may operate only within each respective state. In California, that force is the California State Military Reserve, governed by Military and Veterans Code Sections 550 to 567.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550 FN: 0002634

Date of Hearing:

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 2870 (

Author:Eggman) – As Introduced Ver:February 16, 2018

SUBJECT: Military: National Guard: youth challenge program: counselors

SUMMARY: Grants to the Adjutant General the authority to appoint a member of the State Military Reserve with a bachelor’s degree in psychology or social work to serve on State Active Duty as a counselor in the state’s National Guard Youth ChalleNGe program.

EXISTING LAW: Section 509, Title 32 of the United States Code authorizes the Secretary of Defense to conduct, through the National Guard Bureau, a civilian youth opportunities program, broadly defines its characteristics and instructional model, and requires that the program may operate in an individual state only through agreement between the Secretary of Defense and the state’s governor.

California’s participation in that program is governed under state law by Military and Veterans Code Section 532, which:

1. Provides that the Adjutant General of the California National Guard may enter into a cooperative agreement with the governing board of a school district or a county office of education for the purpose of establishing a military academy to be operated as a charter school or as one of the existing alternative education options available under the Education Code.
2. Specifies the educational environment the program is to establish and maintain, the skills and knowledge the students are to gain through participation – including the completion of a high school diploma or its equivalent – and the methods and instructional values through which those educational and social goals are to be achieved.
3. Requires the Adjutant General to conduct a civilian youth opportunities program, known as the “National Guard Youth ChalleNGe Program,” to consist of at least a 22-week residential program and a 12-month post-residential mentoring period. And requires that the program serve at-risk teens in areas of the state, including, but not limited to, the San Joaquin Valley and Northern California.
4. Authorizes the Adjutant General to accept federal funding to implement a National Guard Youth ChalleNGe Program, and to appoint a director and other service members and employees, permanent or temporary, to operate the program.
5. Requires the Military Department to enter into a memorandum of agreement with an appropriate school district or a county office of education for the purpose of providing educational services for students enrolled in a National Guard Youth ChalleNGe Program.
6. Prohibits a new program from being established unless funds are appropriated for purposes of the program in the annual Budget Act or any other act.

Additionally, Military and Veterans Code Section 142 states that in order to serve on State Active Duty (SAD) with the California Military Department (CMD) one must be:

1. A current member of the California National Guard.
2. An individual who is retired or otherwise honorably separated from service with the active component of any branch of the United States Armed Forces, the federal reserve component of any branch of the United States Armed Forces, or the federally recognized National Guard of any state or United States territory, with current membership in the State Military Reserve.
3. A current member of the State Military Reserve (CSMR) with a minimum of two years of prior service.

FISCAL EFFECT: This bill is not keyed fiscal.

COMMENTS: The National Guard Youth ChallenGE Program was established in 1993 with the goal of providing an alternative to 16- to 18-year-old students who are in danger of dropping out of high school, but who might be capable of flourishing in a program that provides a greater degree of structure and discipline, as well as offering isolation from environmental and social conditions that may be influencing students to their detriment.

There are now 40 ChalleNGe academies in the U.S., and by some measures, the program has proved itself a success: The conservative-leaning RAND Corporation published a cost-benefit analysis of the program in 2012, finding that every dollar spent on the program returns $2.66 in public benefit.

California has three ChalleNGe academies: Grizzly Youth Academy in San Luis Obispo, Sunburst Youth Academy in Los Alamitos, and Discovery Youth Academy in Lathrop. Each program holds two classes, or “cycles,” per year, for a total of about 1,200 cadets participating annually.

It is the nature of the program, and the students it is designed to serve, that its student population includes youths with behavioral problems that are serious enough to have contributed to their difficulties at mainstream schools, but which can be mitigated, channeled, or remediated in the right environment. Their success depends in part on having the right staff with the right qualifications on hand. It is reasonable to assume that means full-time staff with some background in mental health, social work, and/or some combination of the two.

Indeed, there are 11 youth counselor positions budgeted across California’s three ChalleNGe academies, but the Military Department claims it is having trouble finding qualified people to fill those positions. In the past 18 months, one advertised vacancy has failed to generate a single qualified applicant, according to the CMD. The problem, according to the author, is in finding people who meet the necessary qualifications to serve as a youth counselor and who are also eligible for appointment to State Active Duty. A member of the CSMR with a bachelor’s degree in psychology or social work, who has served in the CSMR for fewer than two years, but, for example, six months to a year or more, would still be ineligible for appointment to SAD.

The bill’s author provided the following statement:

“California has three wonderful ChalleNGe programs, including one in my district in San Joaquin County. In order to ensure that these programs can meet the needs of their cadets, we must allow qualified civilian applicants to be eligible for appointment to State Active Duty as a Youth Programs Counselor. By allowing the civilian population to apply for this critical position without the two-year minimum CSMR requirement we will greatly increase the chances of hiring the most suitable individual.”

Title 32, United States Code, Section 109(c), authorizes the establishment of state defense forces that are separate and distinct from the Armed Forces of the United States, and which may operate only within each respective state. In California, that force is the California State Military Reserve, governed by Military and Veterans Code Sections 550 to 567.

REGISTERED SUPPORT / OPPOSITION:

Support

California Military Department (Sponsor).

Opposition

None on file.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550