AB 1348 California Assembly · 2025-2026 Regular Session

Average daily attendance: emergencies: immigration enforcement activity: independent study plans.

Summary
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined. For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided. This bill would, until July 1, 2029, add an immigration enforcement activity, as defined, to the list of emergencies for which the above-described provisions related to calculating average daily attendance for purposes of state apportionments apply, as provided. The bill would, for purposes of these provisions related to calculating average daily attendance for purposes of state apportionments, prohibit a school district, county office of education, or charter school from being credited for more than 10 days of missed attendance for a pupil due to an immigration enforcement activity. For affidavits submitted to the Superintendent for emergency events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, existing law requires a school district, county office of education, or charter school that provides an affidavit to the Superintendent to certify that it has a plan for which independent study will be offered to pupils, as provided, and requires that plan to comply with certain requirements, including, among other things, that independent study is offered to any impacted pupil within 10 instructional days of the first day of a school closure or material decrease in attendance. This bill would, for affidavits submitted to the Superintendent for an immigration enforcement activity that occurred on or after January 1, 2025, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, require a school district, county office of education, or charter school that provides an affidavit to the Superintendent to additionally require the independent study plan to either (1) require the offering of live interaction or synchronous instruction to pupils, as provided, or (2) provide a description of both the extenuating circumstances that prevent the offering of live interaction or synchronous instruction and a description of what pupil engagement, services, and instruction will be provided to support pupils during or immediately after the period of closure or material decrease in attendance. The bill would, as applied to the above-described provisions for calculating average daily attendance for purposes of state apportionments and related affidavits certifying independent study plans, exempt from the California Public Records Act any documentation related to an immigration enforcement activity submitted to the Superintendent by a school district, charter school, county office of education, or county superintendent of schools, as provided. The bill would make these provisions inoperative on July 1, 2029, and would repeal them as of January 1, 2030. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2025
Assembly Passage
Jun 2025
Senate Passage
Sep 2025
Vetoed
Oct 2025
Introduced Feb 21, 2025 Vetoed Oct 13, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

07/10/25 - Amended Senate 08/29/25 - Amended Senate · 7 edits · Aug 29, 2025
MODERATE
The August 29 Senate amendment to AB 1348 restructures how immigration enforcement activity is handled in school finance law. Instead of a standalone subdivision with its own ADA estimation rules, the bill now adds immigration enforcement as a new type of emergency in the general list, caps attendance credit at 10 days per pupil, and creates a new section (46392) with specific independent study plan requirements including live interaction or synchronous instruction. The amendment also adds funding provisions for specific charter schools damaged by the January 2025 Palisades/Eaton fires.
Scope change
The bill's scope expanded from amending only Section 46392 to amending both Sections 46392 and 46393. The immigration enforcement activity provision was restructured from a standalone subdivision into the general emergency framework with additional constraints (10-day cap, new independent study requirements in a separate section). A new targeted funding provision for specific charter schools affected by the January 2025 fires was also added.
SCOPE

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.

REQUIREMENT

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.

FISCAL

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.

ENFORCEMENT

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.

TIMELINE

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.

Floor votes · Senate Sep 8, 2025 · Assembly Jun 3, 2025

How they voted

308
Passed · 2 other
Total votes 40
Sep 8, 2025
D Democratic30
29 Yea 1
96% Yea
R Republican10
1 Yea 8 Nay 1
80% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
10
Committee
10
Amendments
8
Jan 22, 2026
Vetoed
Consideration of Governor's veto stricken from file.
lower
Oct 13, 2025
Vetoed
Consideration of Governor's veto pending.
lower
Oct 13, 2025
Vetoed
Vetoed by Governor.
lower
Sep 9, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 15. Page 3125.).
lower
Sep 8, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2618.).
upper
Aug 29, 2025
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 29, 2025
Introduced
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).
upper
Aug 18, 2025
Committee
In committee: Referred to suspense file.
upper
Jul 10, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jul 9, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 8). Re-referred to Com. on APPR.
upper
Jun 25, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on JUD.
upper
Jun 11, 2025
Committee
Referred to Coms. on ED. and JUD.
upper
Jun 3, 2025
Assembly · Passed
Assembly Vote: pass (61-13-4)
assembly
Jun 2, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 13. Page 1887.)
lower
May 23, 2025
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
lower
May 14, 2025
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 6, 2025
Committee
Re-referred to Com. on APPR.
lower
May 5, 2025
Lower · Passed
Read second time and amended.
lower
May 1, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 30).
lower
Mar 12, 2025
Committee
Re-referred to Com. on ED.
lower
Mar 11, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
lower
Mar 10, 2025
Committee
Referred to Com. on ED.
lower
Feb 22, 2025
Lower · Passed
From printer. May be heard in committee March 24.
lower
Feb 21, 2025
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jasmeet Bains
Jasmeet Bains
DDemocratic
CA
35