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.
Existing law establishes the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice of the executive director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each of those regions. Existing law requires, on or before February 1 of each fiscal year for which funds are appropriated for the program, the chancellor and the Superintendent to report to the Director of Finance, the Statewide Director of Immigrant Integration, the state board, and the Legislature about the use of specified funds and outcomes for adults statewide and in each adult education region, including, among other things, any recommendations related to delivery of education, immigrant integration, and workforce services for adults. Existing law requires, consistent with that reporting requirement, the chancellor and the Superintendent, with input from the Statewide Director of Immigrant Integration and adult education program providers, to identify common measures for meeting the needs of immigrant and refugee adults seeking integration, as specified. This bill would define immigrant integration for purposes of the program.
Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law prescribes the duties and rights of employers and employees relating to specified labor laws, including, among other things, workers' compensation and notice requirements related to inspections conducted by an immigration agency. This bill would establish the Workplace Know Your Rights Act. The bill would require an employer, on or before February 1, 2026, and annually thereafter, to provide a stand-alone written notice to each current employee of specified workers' rights, including, among other things, the categories described above, as well as constitutional rights of an employee when interacting with law enforcement at the workplace, as specified. The bill would also require the employer to provide the written notice to each new employee upon hire and to provide the written notice annually to an employee's authorized representative, if any. This bill would require the Labor Commissioner to develop a template notice that an employer may use to comply with the notice requirement described above. The bill would require the Labor Commissioner to post the template notice on its internet website on or before January 1, 2026, and to post an updated template notice annually thereafter. The bill would also require the Labor Commissioner, on or before July 1, 2026, to develop a video for employees advising them of their rights under the areas described above and to develop a video for employers advising them of their rights and requirements under those areas, as provided. The bill would require the Agricultural Labor Relations Board, the Public Employment Relations Board, and the Attorney General's office to provide specified input for the template notice and the videos. This bill would require an employer, if an employee has designated an emergency contact for this purpose, to notify the designated emergency contact if the employee is arrested or detained on their worksite. If the arrest or detention occurs during work hours, or during the performance of the employee's job duties, but not on the worksite, the bill would require the employer to notify the employee's designated emergency contact only if the employer has actual knowledge of the arrest or detention of the employee. The bill would require an employer to provide an employee the opportunity to name an emergency contact on or before March 30, 2026, for an existing employee, and at the time of hiring for a new employee hired after March 30, 2026. This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee for exercising or attempting to exercise their rights under the bill, as provided. This bill would require the Labor Commissioner to enforce the bill, as specified, and would also alternatively authorize enforcement by a public prosecutor. The bill would provide that an employer who violates the bill may be subject to a penalty of up to $500 per employee for each violation, except that the penalty for a violation of the provisions relating to emergency contacts would be an amount up to $500 per employee for each day the violation occurs, up to a maximum of $10,000 per employee.
Existing law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if they are not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. This bill would require the court to give the above-described advisement verbatim and would clarify the advisement to state that if the defendant is not a citizen of the United States, conviction may result in the specified immigration consequences. The bill would state that for a plea accepted prior to January 1, 2026, it is not the intent of the Legislature that a court's failure to provide the advisement verbatim requires vacation of judgment and withdrawal of the plea or constitutes grounds for finding a prior conviction invalid, as specified.
Existing law requires the Attorney General to develop model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, courthouses, specified health facilities, shelters, and other specified state agencies. This bill would similarly require the Attorney General, on or before July 1, 2026, and in consultation with appropriate stakeholders, to publish model policies relating to interaction with immigration enforcement, consistent with federal and state law, and to publish guidance and recommendations for databases operated by state and local agencies to limit the availability of information in those databases for the purposes of immigration enforcement, consistent with federal and state law. The bill would require state and local agencies to implement the model policies on or before January 1, 2027, as specified. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 requires the Trustees of the California State University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and requests the Regents of the University of California, to the fullest extent consistent with state and federal law, to implement various precautionary measures when federal immigration enforcement activities are undertaken on campuses of those segments, as specified. Existing law requires those precautionary measures to include, among other measures, that in the event that an undocumented student is detained, deported, or is unable to attend to their academic requirements due to the action of an immigration officer in relation to a federal immigration order, as specified, a requirement that the college or university make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, and exemptions from nonresident tuition fees, among other benefits the student has been awarded or received, and a requirement that the student be permitted to reenroll if and when the student is able to return to the college or university. This bill would require the Trustees of the California State University, and would request the Regents of the University of California, to implement additional precautionary measures, including, among others, requiring adoption of a systemwide policy addressing course grades, administrative withdrawal, and reenrollment for undocumented students who are unable to attend their courses by the final drop date due to immigration enforcement activity, as specified.
Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the governing board or body of a school district, county office of education, or charter school to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their children's right to a free public education, regardless of immigration status or religious beliefs. This bill would require the governing board or body of a local educational agency to post specified information related to immigration enforcement in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites, as provided. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 234.7 of the Education Code proposed by AB 49 to be operative only if this bill and AB 49 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.
Existing law, subject to available funding, requires the State Department of Social Services to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state or are residing with a family member or other sponsor. Existing law requires contracts awarded pursuant to the above-described provision to be executed with qualified nonprofit legal services organizations that meet certain requirements, including having experience representing individuals in removal proceedings and asylum applications. This bill would, subject to available funding, provide legal counsel to immigrant youth in the State of California. The bill would define immigrant youth. The bill would require the department to allocate funding for these purposes, and would require the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. The bill would require the department to contract with qualified nonprofit legal services organizations that meet the above-described requirements or an office of the public defender that meets certain requirements. The bill would also authorize the department to fund social work services contracted by qualified nonprofit legal services organizations to assist immigrant youth.
Existing law, the Child Care and Development Services Act, requires the State Department of Social Services to administer childcare and development programs, including, among others, migrant childcare and development programs. Existing law, for purposes of migrant childcare and development programs, defines a "migrant agricultural worker family" as a family that has earned at least 50% of its total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for childcare and development services. Existing law requires the children of these families to be enrolled in child development programs on the basis of specified priorities, including priority to children whose families move from place to place. This bill would instead define a "migrant agricultural worker family" as a family with at least one individual who has earned at least 40% of their total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for childcare and development services. For the purpose of enrollment in migrant child care and development programs, the bill would require the department to ensure that the self certification of income be consistent with other child care and development programs under the act.
Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. This bill would, subject to an appropriation for these purposes, require the department to oversee a stakeholder process to support findings and recommendations on how to best support older and aging immigrants, as defined, regardless of their immigration status, in California through the establishment of a panel. The bill would authorize the director of the department to modify an existing panel for these purposes, if applicable. The bill would require the panel to include representatives from the State Department of Social Services and invite specified stakeholder and subject matter experts to participate. The bill would require the department and panel to consider specified issues, including affordability and access to social services and housing. The bill would require the first meeting to occur no later than 120 days after funding for the panel becomes available and would authorize the department to contract with academic research entities to supplement the stakeholder process. The bill would require the panel to issue findings and recommendations to both departments by July 1, 2028, on the most effective ways to implement policies and programs to support older and aging immigrants in California, regardless of their immigration status. The bill would require the departments to jointly submit a report containing the panel's findings to the Legislature on or before December 1, 2028. The bill would repeal these provisions on January 1, 2029. The bill makes relating findings and declarations.
