Average daily attendance: emergencies: immigration enforcement activity: independent study plans.
What changed between versions
Immigration enforcement activity is now added as paragraph (10) in subdivision (a) of Section 46392, making it a recognized type of emergency for ADA credit purposes under the general framework, rather than operating under its own separate subdivision. The definition covers efforts on or after January 1, 2025, to investigate, enforce, or assist in enforcement of federal civil or criminal immigration law.
The old subdivision (g) of Section 46392, which contained a self-contained set of immigration enforcement provisions including its own ADA estimation method, affidavit requirements, independent study certification form, audit verification by the Controller, CPRA exemption, and definition, has been removed and replaced with the restructured approach above.
A new 10-day cap limits how many days of missed attendance per pupil a school district, county office of education, or charter school can be credited for due to an immigration enforcement activity. This is a significant limitation not present in the prior version.
A new Section 46392 (added as SEC. 2) requires that for affidavits related to immigration enforcement activities occurring between January 1, 2025 and June 30, 2026, the independent study plan must either (1) require live interaction or synchronous instruction, or (2) describe extenuating circumstances preventing such instruction along with what pupil engagement, services, and instruction will be provided.
A new subdivision (g) provides specific funding for named charter schools damaged or destroyed by the January 2025 state of emergency (Palisades/Eaton fires): Marquez Charter, Palisades Charter Elementary, and Palisades Charter High in LAUSD; Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS-South, and Pasadena Rosebud Academy in Pasadena USD; and Alma Fuerte Public in Pasadena. The Superintendent calculates the difference between the 2025-26 annual principal apportionment entitlement and the 2024-25 first principal apportionment for schools operating at least 175 days.
The California Public Records Act exemption is now narrowed in subdivision (i) to specifically cover documentation related to an immigration enforcement activity that results in a school closure or material decrease in attendance, rather than the broader exemption previously attached to the standalone immigration enforcement subdivision.
The bill now explicitly states it becomes inoperative on July 1, 2029 and is repealed as of January 1, 2030, applying to all provisions including the new immigration enforcement activity provisions.