Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. Existing law requires, on and after January 1, 2023, a student health center on a California State University or University of California campus to offer abortion by medication techniques, as specified. Existing law establishes the College Student Health Center Sexual and Reproductive Health Preparation Fund to be administered by the Commission on the Status of Women and Girls and continuously appropriates the moneys in that fund to the commission for specified activities related to providing abortion by medication techniques at student health centers. This bill would require a student health center on a California State University or University of California campus, on or before January 1, 2028, to promote awareness of the services for abortion by medication techniques that the student health center offers, provide information on those services to students, and post the availability of those services on its internet website. This bill would require a community college that has a student health center, upon appropriation by the Legislature, to, on and after January 1, 2029, offer access to abortion by medication techniques, promote awareness of those services, provide information on those services to students, and post the availability of those services on its internet website. The bill would require the commission to submit a report to the Legislature, on or before January 1, 2030, that includes, but is not limited to, specified information relating to abortion by medication techniques at or through community college student health centers. The bill would require the commission, in consultation with the office of the Chancellor of the California Community Colleges, to develop a standardized reporting framework that minimizes administrative burden and protects student privacy. The bill would authorize funds appropriated for these provisions to be used for implementation readiness activities and ongoing operational costs, as specified.
Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law requires the board to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. Existing law also creates the Cash Balance Benefit Program, which is administered by the board, to provide a retirement plan for the benefit of participating employees who provide creditable service for less than 50% of full time. Existing federal law requires public employers, which includes community college employers, to provide their employees with either social security coverage or membership in a qualified retirement plan. Existing law requires employers subject to STRS, including community college employers, to make available criteria for membership, including optional membership, in a timely manner to persons employed to provide creditable service subject to coverage by the Defined Benefit Program and to inform part-time and substitute employees that they may elect membership in the Defined Benefit Program at any time while employed, as specified. This bill would require STRS, in consultation with the Public Employees' Retirement System, on or before July 1, 2027, to provide on its internet website links to specified information regarding the Defined Benefit Program, the Cash Balance Benefit Program, and social security. The bill would require that information to include, among other things, the differences between membership and contributions made to the Defined Benefit Program and the Cash Balance Benefit Program and covered by social security. The bill would require a community college district, commencing July 1, 2027, to provide the information to a newly hired person who is classified as a temporary employee, as provided. The bill would require a person classified as a temporary employee, as specified, who is employed by a community college district to perform credible service to be provided with the option of membership in the Defined Benefit Program, the Cash Balance Benefit Program, if offered, or social security, as provided. To the extent that the bill would impose new duties on a community college district, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that postsecondary educational institutions have an affirmative obligation to combat discrimination on the basis of, among other things, disability, gender, race, or ethnicity, and a responsibility to provide equal educational opportunity. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable. The Equity in Higher Education Act requires the Trustees of the California State University and the Regents of the University of California to have the primary responsibility to prevent and address conduct that either creates a hostile environment for students on campus or results in differential treatment of students on campus, as specified. The act requires the trustees to, among other things, adopt rules and procedures in the student codes of conduct to prohibit violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus, to prohibit conduct that limits or denies a person's ability to participate in or benefit from the free exchange of ideas or the educational mission of the California State University, and to establish, and require each campus to publish on the campus internet website, reasonable content-neutral time, place, and manner restrictions and, if applicable, any advance permitting requirements for protests on campus. The act requires the trustees to submit a report to the Legislature, on or before January 2 of each year, on the implementation and administration of these provisions, including information on student code of conduct violations. The act requests the University of California to comply with these provisions. This bill would require the above-described report to also include information on student code of conduct violations that occurred during, or as a result of, a protest on campus and a description of the discipline imposed on the student as a result of the specified student code of conduct violation. This bill would require the California State University, and request the University of California, to (1) hold an open forum on a selected campus on or before December 31, 2027, to elicit feedback regarding established content-neutral time, place, and manner restrictions, as provided, and (2) notify the relevant policy committees of the Legislature of the location and date of the open forum. The bill would repeal these provisions as of January 1, 2028.
(1) Existing law requires each chartering authority to be responsible for reviewing the audit exceptions contained in an audit of a charter school under its jurisdiction and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed, and after completing those financial and compliance audit oversight responsibilities, to identify and provide notification to the governing body of the charter school within 60 days of any material concern arising out of the chartering authority's ongoing oversight and monitoring activities. This bill would instead require the chartering authority, not later than July 1 of each year, to identify and provide written and timely notification of any material concern arising out of the chartering authority's ongoing oversight and monitoring activities during the previous 12 months. To the extent the bill would impose additional duties on chartering authorities, the bill would impose a state-mandated local program. (2) Existing law requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of credentials. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation, as specified. Existing law also authorizes the commission to issue a PK–3 early childhood education specialist instruction credential, as provided. Existing law requires a candidate for a credential to obtain a certificate of clearance from the commission before admission to student teaching under any professional preparation program approved by the commission, or participation in a field experience program, as provided. This bill would revise and recast that latter provision by requiring a candidate, before admission to any professional preparation program approved by the commission for one of the above-described credentials to provide verification that the candidate either (A) holds a valid permit or credential previously issued by the commission or (B) has applied for a certificate of clearance from the commission. For a candidate who provides verification that the candidate has applied for a certificate of clearance, the bill would require the candidate to obtain the certificate of clearance before beginning student teaching, clinic practice, or participation in a field experience program, as provided. This bill would require a professional preparation program approved by the commission for one of the above-described credentials to (A) submit specified candidate profile information to the commission for each enrolled credential candidate within 30 days of the candidate beginning the program, (B) update each candidate's profile information annually, and (C) indicate to the commission a candidate's program completion within 30 days of the candidate completing all credential requirements. Existing law requires the commission to annually use specified data provided by the State Department of Education to produce an initial data file of vacant positions, as defined, and educator assignments that do not have a clear match of credential to assignment. Commencing July 1, 2027, existing law requires a teacher employed by a local educational agency, as defined to include a school district, county office of education, charter school, or educational joint powers authority, and offering a course in which pupils receive course credit or that counts toward instructional minutes, or both, to hold the certificate, permit, or other document required by the commission for that assignment and to be monitored. This bill would, among other things, also require those teachers to be reported to the department by the local educational agency annually, and would remove educational joint powers authority from the definition of a local educational agency for purposes of these provisions. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated program. (3) Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupil's level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, excluding enrollment in a transitional kindergarten program, as provided. Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, as provided. Existing law requires the Superintendent of Public Instruction, by no later than March 31, 2026, to select, subject to the approval of the executive director of the State Board of Education, a list of screening instruments that meet specified requirements to support the identification of multilingual learners, as defined, enrolled in transitional kindergarten, and authorizes the Superintendent, in the 2026–27 school year, to select local educational agencies to voluntarily conduct a field test of the selected screening instruments. This bill would instead authorize the above-described field test to be conducted in the 2027–28 school year. Existing law, commencing with the 2027–28 school year, requires a local educational agency that serves pupils in transitional kindergarten to screen those pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil's enrollment, to identify them as multilingual learners using a screening instrument selected by the Superintendent, as provided. This bill would delay the commencement of that requirement until the 2028–29 school year. Existing law appropriates $10,000,000 from the General Fund to the Superintendent to acquire the selected screening instruments and any training materials, as specified, and to support field tests of the screening instruments. Existing law requires those funds to be available for expenditure or encumbrance through June 30, 2028. This bill would instead require those funds to be available for expenditure or encumbrance through June 30, 2029. By extending the encumbrance or expenditure date for an existing appropriation, the bill would make an appropriation. (4) Existing law provides that each person between 6 and 18 years of age not exempted is subject to compulsory full-time education and requires a person subject to compulsory education to attend the public full-time day school or continuation school or classes in the school district in which the residence of the parents or legal guardian is located. Existing law requires a school district to accept enumerated documentation, including property tax payment records, as reasonable evidence of a pupil's residence. Existing law states that a pupil complies with the residency requirements if the pupil's parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law authorizes a parent to use one of several enumerated addresses, including that of a temporary on-base billeting facility, for purposes of school application, enrollment, and registration. This bill would expand the list of addresses authorized for the purposes identified above to include, among others, an off-base hotel. To the extent the bill imposes additional duties on school districts, the bill would impose a state-mandated local program. (5) Existing law establishes that the State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets certain criteria for being proficient in English and one or more languages other than English. For purposes of the State Seal of Biliteracy, proficiency in one or more languages other than English can be demonstrated through at least one of specified methods, including passing a world language Advanced Placement examination with a score of 3 or higher, passing a world language International Baccalaureate examination with a score of 4 or higher, or passing a world language ACTFL Writing Proficiency Test (WPT) and an Oral Proficiency Interview (OPI) with scores of Intermediate Mid or higher. This bill would include, beginning with the 2024–25 school year, achieving a level 3 on the high school California Spanish Assessment (CSA) as another method to demonstrate language proficiency in one or more languages other than English for purposes of the State Seal of Biliteracy. (6) Existing law, on or before July 1, 2027, requires the governing board of a school district or educational joint powers authority, the governing body of a charter school, or the county superintendent of schools to adopt a policy for the local educational agency to comply with in order to evaluate and approve contractors. Existing law requires the policy to include certain provisions, including, among others, a provision that provides that a local educational agency shall only contract with an entity that has a business license or business certificate, where applicable, and has appropriate insurance for the service being offered. This bill would exempt contracts with family daycare homes and certain license-exempt providers from that provision. Existing law requires the above-described policy to also include a provision that provides that contractors are prohibited from charging fees to a pupil or the pupil's parent or legal guardian. This bill would require that provision to instead provide that contractors are prohibited from charging fees to a pupil or the pupil's parent or legal guardian, except as otherwise authorized for specified programs. (7) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Commencing January 1, 2027, existing law vests all executive and administrative functions of the State Department of Education in an Education Commissioner. Existing law requires the Education Commissioner, on or before October 1, 2027, to develop findings and recommendations for a 2nd phase of education governance consolidation and streamlining, as specified, and to submit to the Governor and the appropriate policy and fiscal committees of the Legislature (1) an interim report, by June 30, 2027, with a detailed description of the process used to gather required input for the development of those findings and recommendations and (2) a final report, by October 1, 2027, containing its findings and recommendations. This bill would require the Education Commissioner, utilizing those findings and recommendations, to submit a report, on or before October 1, 2028, to the Governor and appropriate policy and fiscal committees of the Legislature on, among other things, progress toward implementation of the recommended actions or activities for education governance consolidation and streamlining and recommendations of any additional steps the Governor and Legislature can take to consolidate or eliminate fragmented or duplicative state requirements and activities that require statutory or budgetary authority.
(1) Existing law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the State Department of Education considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was used to support a substantiated investigation within its possession. This bill would revise and recast those provisions by, among other things, (A) requiring those inquiries and disclosures to be related to any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, instead of only those complaints, investigations, or discipline used to support a substantiated investigation, (B) requiring those entities to provide relevant evidence in addition to any information, as specified, (C) requiring the responses to inquiries described above to include reports of egregious misconduct submitted to the statewide data system described in paragraph (2) and other related employment history that has been submitted to the commission, as provided, (D) requiring those entities to also provide relevant evidence or information to the commission upon inquiry, and (E) requiring those entities to preserve evidence or information relating to a substantiated report of egregious misconduct, as specified. The bill would establish that a school employee may be subject to dismissal if the employee, while holding a previous position in a local educational agency or private school, was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct, that was reported to the statewide data system described in paragraph (2) and either the employer failed to disclose that information or the employee did not disclose their previous education employers, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided. This bill would revise and recast those provisions by, among other things, (A) specifying that the statewide data system to be developed is specific to investigations of egregious misconduct, (B) revising the statewide data system's data fields, as specified, (C) revising the data that is to be submitted by local educational agencies and private schools and the processes for submitting and updating that data, as specified, and (D) specifying the role and responsibilities of the commission, local educational agencies, and private schools regarding the statewide data system by, among other things, (i) requiring the commission to develop a secure interface, as provided, and (ii) requiring local educational agencies and private schools to (I) request access to the statewide data system through the secure interface by May 1, 2027, (II) provide the commission with a designated email address for purposes of receiving notifications from the statewide data system, and (III) preserve all information or evidence related to substantiated reports of egregious misconduct that are notated in the statewide data system. The bill would also explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would, among other things, provide that data contained in the statewide data system is not subject to disclosure under the California Public Records Act and that specified rights under the Information Practices Act of 1977 do not apply to data maintained in the statewide data system that is personal information for purposes of that act. 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. This bill would require a local educational agency or private school, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct. For local educational agencies, the bill would, among other things, (A) specify investigative timelines and (B) require the local educational agency to give the employee a reasonable opportunity to provide a statement and evidence to the investigator and, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified. The bill would require each private school to adopt, by July 1, 2027, a written employee investigation policy that includes, at a minimum, a description of the steps to be followed during those investigations, reasonable timelines for commencing and concluding those investigations, and the rights or responsibilities of the employer and employee relating to those investigations. The bill would require local educational agencies and private schools to complete the investigation regardless of whether the employee ends the employment relationship. The bill would explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position. This bill would, among other things, require the statewide data system to be accessible only to commission employees for specified purposes and employees of local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions, and would require all of those employees to keep information contained in the statewide data system confidential, as provided. (3) Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be presented to the committee. Existing law authorizes the committee to commence an initial review upon the receipt of any of a list of specified documents or information, including the receipt of a record of a substantiated report, and a record of a start of an investigation followed by a change in employment status during an investigation, entered into the statewide data system. Existing law authorizes the committee to commence a formal review, as specified, upon receipt of specified documents or information. This bill would, among other things, (A) additionally authorize the committee to commence a formal review upon the receipt of an entry in the statewide data system of a substantiated report or a record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system, (B) authorize the commission to make inquiries and requests for production of information and records from local educational agencies and private schools for purposes of investigating substantiated reports of egregious misconduct submitted to the statewide data system, and (C) require an entry of a substantiated report of egregious misconduct that does not involve sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct to be presented to the Committee of Credentials for initial review within 4 years. Existing law authorizes the commission, for purposes of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review has been established, to require the production of information, records, reports, and other data from any public agency, as provided. This bill would authorize the commission to also require the production of information, records, reports, and other data for those purposes from private schools. (4) Existing law authorizes the department to require employees, prospective employees, volunteers, contractors, and subcontractors for the department and the state special schools and diagnostic centers operated by the department to undergo a fingerprint-based state and national criminal history background check, as specified. This bill would instead require the department to require those background checks, as specified. Existing law requires any entity that has a contract with a local educational agency, as defined, to ensure that any employee who interacts with pupils has a valid criminal records summary. Existing law exempts entities from this requirement in an emergency or exceptional situation. If a pupil participates in services provided by a contractor as part of an independent study program, and the pupil is under the immediate supervision and control of the pupil's parent or guardian, existing law requires the local educational agency to either verify completion of a valid criminal records summary for all employees or ensure that the parent or guardian has signed a consent form. This bill would revise and recast these provisions by, among other things, expanding the requirement for a valid criminal records summary to any entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department. The bill would extend the application of that requirement to any employee, including a subcontractor, who interacts with pupils or provides direct services to pupils, as provided. The bill would require, as a condition of the above-described exemption from this requirement for a valid criminal records summary, the entity's employee, including a subcontractor, to be within the immediate supervision and control of a school employee. The bill would, as applied to a pupil participating in an independent study program, instead require a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department to verify the completion of a valid criminal records summary and remove the alternative of obtaining the consent form from the parent or guardian. The bill would also require a local educational agency and the department to include a requirement in contracts with these entities setting forth a termination clause for noncompliance with these requirements. This bill would separately require, on or before July 1, 2027, each governing board or body of a local educational agency, as defined, each private school, and the department for purposes of state special schools and diagnostic centers operated by the department, when entering into a contract with any entity for specified services to pupils to (A) ensure that the contract terms and conditions include, among other things, the above-described requirements concerning background checks or, for private schools, other specified requirements concerning background checks and (B) enforce those terms. The bill would also require, on or before July 1, 2027, each governing board or body of a local educational agency, the department for purposes of state special schools and diagnostic centers operated by the department, and private schools, when entering into a contract with any entity for specified services to pupils to ensure that the contract terms and conditions include, among other things, (A) a requirement that as part of qualifying to be a contractor or subcontractor for a local educational agency, the department, or a private school, the entity disclose any credible complaints of, or discipline for, reportable conduct, defined to include specified offenses, by the entity's employees, including subcontractors, who will be providing the services, as provided, and (B) a requirement on the local educational agency, the department, or the private school to check the names and pertinent identifying information provided by a contracting entity against the statewide data system or pursuant to alternate procedures, as specified. If any credible complaint of egregious misconduct by any contractor or subcontractor, or employee, including a subcontractor, of any contractor or subcontractor, performing services for the local educational agency, the department, or the private school is made or received, the bill would require the local educational agency, the department, or the private school to make specified notifications. (5) Existing law requires private schools, among other entities, to provide annual training, using an online training module provided by the State Department of Social Services or an alternative training, to their employees and persons working on their behalf who are mandated reporters, as defined, on the mandated reporting requirements related to child abuse, as provided. Existing law requires this alternative training module to be approved by the liability insurance provider used by the private school, as provided. This bill would require the alternative training module for private schools to be approved by the private school's governing authority instead of by the private school's liability insurance provider. (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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their child's teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request. This bill would provide that parents, guardians, or educational rights holders of children enrolled in public schools also have the right to communicate with their child's teacher by telephone or a school-approved web conferencing platform if the parent, guardian, or educational rights holder is unable to attend an individual meeting in person about their child, as provided. The bill would prohibit these meetings from being recorded or transcribed. By imposing new duties on public schools, the bill would impose a state-mandated local program. The bill would delete an obsolete reference. This bill would incorporate additional changes to Section 51101 of the Education Code proposed by AB 2555 to be operative only if this bill and AB 2555 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption applies. Existing law authorizes a community college district to exempt a student who attends Lake Tahoe Community College and who has residence in one of several designated communities in Nevada, as specified. This bill would additionally authorize a community college district to exempt from the nonresident tuition fee a student who attends College of the Siskiyous and who has residence in one of several designated counties in Oregon. The bill would require the governing board of the Siskiyou Joint Community College District to adopt rules and regulations for determining a student's residence classification and for establishing procedures for an appeal and review of the residence classification. By imposing new duties on the Siskiyou Joint Community College District, the bill would create a state-mandated local program. The bill would, in any academic year, prohibit more than 200 students from being exempted from payment of the nonresident tuition fee pursuant to this exemption. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for College of the Siskiyous with respect to students who reside in nearby counties located in Oregon. (3) 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.
Existing law, the K–12 Pupil Online Personal Information Protection Act (KOPIPA) , generally protects the personal information of a student enrolled in a K–12 course of instruction, defined as a "pupil," by prescribing requirements and prohibitions applicable to an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes and was designed and marketed for K–12 school purposes. Existing law, the Early Learning Personal Information Protection Act (ELPIPA) , generally protects the personal information of a child enrolled in a preschool or prekindergarten course of instruction, defined as a "pupil," by prescribing requirements and prohibitions applicable to an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes. This bill would instead apply the provisions of KOPIPA and ELPIPA to an operator, or an entity working on behalf of the operator, of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for the applicable school purposes and was designed or marketed for those purposes, as specified. The bill would, among other changes to KOPIPA and ELPIPA related to protecting the personal information of students, prohibit an operator from using covered information, as defined, including persistent unique identifiers, created or gathered by the operator's site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system. This bill would also enact the Higher Education Student Information Protection Act (HESIPA) , which would generally protect the personal information of a student enrolled in a higher education institution, as defined, in a similar manner as KOPIPA and ELPIPA. The bill would make HESIPA operative on July 1, 2027. This bill would authorize a pupil or student actually harmed by noncompliance with KOPIPA, ELPIPA, or HESIPA to bring a civil action against the noncompliant operator, as prescribed, and would require a person bringing that action to furnish a copy of the complaint to the Attorney General within 10 days after filing the action.
(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.
