Education

(1) Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies. Existing law defines "nonpublic, nonsectarian school" and "nonpublic, nonsectarian agency" for these purposes. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards. Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction, including that the school or agency file an application with specified information. Existing law requires the Superintendent, before certification of a nonpublic, nonsectarian school or agency, to conduct an onsite review of the facility and program for which the applicant seeks certification and authorizes the Superintendent to verify that the school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, and employee of the school or agency. Existing law requires the Superintendent to monitor the facilities, educational environment, and quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle, as provided. Existing law requires the master contract for nonpublic, nonsectarian school or agency services to include, among other things, an individual service agreement for each pupil placed by a local educational agency. Existing law requires a contracting local educational agency to pay the full amount of the tuition or fees, as applicable, for individuals with exceptional needs who are enrolled in programs or receiving services provided pursuant to the contract. Existing law requires a master contract for nonpublic, nonsectarian school or agency services to be developed in accordance with specified provisions, including, among others, that the master contract specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the school or agency and the local educational agency to provide the special education and designated instruction services. Existing law requires a certified nonpublic school or agency to provide written notification to the State Department of Education and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This bill would eliminate the requirement that nonpublic schools or agencies that enter into contracts for the provision of special education services be nonsectarian. The bill would (A) exclude from the above-described tuition or fees the amount attributable to the provision of religious instruction, which the bill would define for these purposes, (B) prohibit public funds paid pursuant to those contracts from being used to pay for religious instruction at a nonpublic school or agency, (C) prohibit a nonpublic school or agency from providing religious instruction to pupils placed by a local educational agency, as provided, (D) require an applicant seeking an initial or renewal certification to certify, under penalty of perjury, that all educational services provided to pupils placed by a local educational agency under a master contract with a local educational agency are secular, neutral, and respectful regarding religion and religious view, as provided, and (E) notwithstanding any other law, prohibit a nonpublic school or agency, in performing services under a master contract, individual service agreement, or individualized education program, from subjecting any person to discrimination on the basis of specified protected characteristics. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a master contract and individual services agreement for nonpublic school or agency services to contain provisions requiring compliance with those 5 described provisions. The bill would require the above-described application for a nonpublic school seeking certification from the Superintendent to include (A) an assurance that the nonpublic school has requested from the Commission on Teacher Credentialing a list of all credentialholders who have had final adverse action taken against their credential, (B) commencing July 1, 2027, documentation that specified staff and administrators have obtained fingerprint clearance with the commission, as provided, (C) commencing January 1, 2028, a list of staff providing instruction and services to pupils in the state and copies of their credentials, as specified, and (D) affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries and subsequent arrest notifications required of all nonpublic school personnel, including contractors, having contact with minor children. The bill would require, instead of authorize, the Superintendent to verify that a nonpublic school or agency seeking certification has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, employee, and contractor of the nonpublic school or agency, as applicable. The bill would require the Superintendent, as part of monitoring the quality of the educational program of an existing certified nonpublic school, to also monitor the criminal background checks required for employment and pupils' receipt of any mandated instruction required for all pupils of local educational agencies, as specified. The bill would require the Superintendent, as part of monitoring an existing certified nonpublic agency, to instead monitor the agency for compliance with applicable statutory and regulatory requirements. The bill would require the department to (A) require each person employed by a nonpublic school interacting with a California pupil to undergo a fingerprint-based state and national criminal history background check, (B) submit those fingerprints, and (C) request subsequent arrest records, as specified. The bill would require the Department of Justice to provide a state and federal response to those requests in accordance with specified provisions. The bill would require a certified nonpublic school to additionally provide written notification to the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school resulting in, among other things, a serious injury to a pupil, as specified, or the commencement of an investigation into an employee or contractor involving an allegation of misconduct. The bill would require a nonpublic school employing a person with a credential to report any change in employment status of the credentialholder to the commission within 30 days if the change in status is a result of an allegation of misconduct, as specified. The bill would also make conforming changes. (2) Existing law authorizes the Superintendent to revoke or suspend the certification of a nonpublic, nonsectarian school or agency for specified reasons, including, among other reasons, failure to notify the department in writing within 45 days of certain occurrences, including changes in staff or facilities, failure to notify the Superintendent in writing within 10 days of revocation or suspension of a license or permit, and failure to notify the Superintendent in writing within 10 days of the death of a pupil. This bill would, among other things, require, instead of authorize, the suspension or revocation of the certification of a nonpublic school or agency for any of those specified reasons, and would revise the above-described notification timelines, as specified. If an investigation conducted by the department results in a finding that pupil health or safety has been compromised or is in danger of being compromised at a nonpublic, nonsectarian school or agency, existing law authorizes the department to immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency. This bill would require, instead of authorize, the department to take the above-described action. (3) Existing law authorizes the governing board of a school district or a county board of education to request the State Board of Education to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law requires the state board to approve any and all requests for waivers except in those cases where the state board specifically finds, among other things, that the educational needs of the pupils are not adequately addressed. This bill would prohibit the state board from waiving all or part of any laws relating to special education pursuant to the above-described provisions. Existing law authorizes a public agency, as defined, to request the state board to grant a waiver of any provision of education laws or regulations adopted pursuant to those provisions if the waiver (A) is necessary or beneficial to the content and implementation of a pupil's individualized education program and (B) does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians, or affect the compliance of a local educational agency with specified federal regulations. Existing law authorizes the state board to grant, in whole or in part, any of those requests when the facts indicate that a failure to do so would hinder implementation of a pupil's individualized education program or compliance by a local educational agency with specified federal mandates. This bill would prohibit a waiver submitted by a public agency on or after January 1, 2027, that is related to the placement of a pupil other than at a local educational agency to waive specified requirements from being approved unless it includes, among other things, a description of how the public agency requesting the waiver will oversee and evaluate the pupil's placement and that certain requirements are met, as provided. (4) Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential which is required to be identical to that made available to public schools in the state. This bill would require the commission to also make available the above-described listing to the State Department of Education. The bill would require the department to request notice from the commission regarding the list, monitor the status of the credentialholders at nonpublic schools, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked, and would impose the same requirements on a local educational agency with respect to each nonpublic school that it has a master contract with, as provided. (5) This bill would incorporate additional changes to Section 48986 of the Education Code proposed by AB 1943 to be operative only if this bill and AB 1943 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 51225.2 of the Education Code proposed by AB 1659 to be operative only if this bill and AB 1659 are enacted and this bill is enacted last. (6) 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. This bill would provide that no reimbursement is required by this act for a specified reason.

The Budget Act of 2026 appropriates, for the 2026–27 fiscal year, $1,000,000,000 from the General Fund to the State Department of Education to administer the California Community Schools Partnership Program to distribute funding to local educational agencies, as defined, in accordance with a specified formula, to support a network of their eligible schoolsites to implement new, and provide ongoing support for existing, community schools, as provided. Existing law authorizes a local educational agency who receives funds under these provisions to retain up to 10% of the total funds awarded for its eligible schoolsites each fiscal year to be used for specified activities, including, among other things, administering community schools established at eligible schoolsites. This bill, to be known as the It Takes a Village Act of 2026, would (1) require any retained funds described above to be used consistent with a specified community schools framework, as provided, and (2) authorize a local educational agency that retains those funds to also use those funds to serve as a network lead for multiple schoolsites located in a Promise Neighborhood, as provided. By expanding the purposes for which previously appropriated moneys may be expended, the bill would make an appropriation. This bill would incorporate additional changes to Section 8903 of the Education Code proposed by AB 133 or SB 133 to be operative only if this bill and either AB 133 or SB 133 are enacted and this bill is enacted last.

Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for first-time community college students and returning community college students, as defined, who are enrolled in 12 or more semester units or the equivalent, or fewer for students certified as "full time" by a staff person in the disabled student services program, as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except as provided. This bill would instead require, for purposes of eligibility for the California College Promise, that students be enrolled in 9 or more, rather than 12 or more, semester units or the equivalent, or fewer for a student certified as eligible, based on a commitment by the student that is analogous to the 9-semester-unit or equivalent workload, by a staff person in the disabled student services program. The bill would additionally require, as a condition of receiving funding for the California College Promise, community colleges to provide a written notification to initial recipients of the California College Promise that includes specified information related to the 2 academic years of eligibility for the California College Promise.

Existing law creates, in the State Department of Education, the American Indian Education Unit to provide technical support to, and proper administrative oversight of, American Indian education programs established by the state in order to ensure that American Indian pupils attending California public schools are able to meet specified challenging academic standards. Existing law establishes the California Longitudinal Pupil Achievement Data System (CALPADS) , which is maintained by the State Department of Education and consists of pupil data from elementary and secondary schools, as specified, relating to demographic, program participation, enrollment, and statewide assessments, among other things. Existing law requires the system to be used to accomplish specified goals, including to provide school districts and the department access to data, including demographic data, necessary to comply with federal reporting requirements. This bill would require the department to, on or before July 1, 2028, and each July 1 thereafter, post, on the department's internet website, statewide aggregate educational outcome data for the prior school year for pupils who identify as American Indian or Alaska Native, as specified.

Under existing law, a "heritage school" is a school that, among other things, offers education or academic tutoring, or both, in a world language and education on the culture, traditions, or history of a country other than the United States to children who are at least 4 years and 9 months of age and no older than 18 years of age and who attend a public or private full-time day school. Existing law exempts a heritage school from licensure by the State Department of Social Services as a child day care center, as specified. This bill would expand the definition of "heritage school" to also include a school that provides services to children younger than 4 years and 9 months of age who are enrolled in kindergarten, including transitional kindergarten, or any of grades 1 to 12, inclusive. Existing law requires a heritage school, upon a pupil's enrollment in a heritage school, to provide a notice to the pupil's parent or guardian stating that the heritage school is exempt from childcare licensure and that attendance at a heritage school does not satisfy California's compulsory education requirements. This bill would require a heritage school, upon a pupil's enrollment in a heritage school, to also provide notice that the State Department of Education has no regulatory authority over heritage schools and does not monitor heritage school operations or instruction.