Bill Text: CA AB1850 | 2015-2016 | Regular Session | Chaptered
Bill Title: Educational services: permanent residents: foreign nationals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-07-22 - Chaptered by Secretary of State - Chapter 69, Statutes of 2016. [AB1850 Detail]
Download: California-2015-AB1850-Chaptered.html
BILL NUMBER: AB 1850 CHAPTERED
BILL TEXT
CHAPTER 69
FILED WITH SECRETARY OF STATE JULY 22, 2016
APPROVED BY GOVERNOR JULY 22, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY MAY 5, 2016
AMENDED IN ASSEMBLY MAY 2, 2016
AMENDED IN ASSEMBLY APRIL 7, 2016
INTRODUCED BY Assembly Member Eduardo Garcia
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 10, 2016
An act to amend Sections 13000, 32400, 32401, 52613, 52651, 68062,
68130.5, and 69505 of the Education Code, relating to educational
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1850, Eduardo Garcia. Educational services: permanent
residents: foreign nationals.
(1) The existing California Civil Liberties Public Education Act
has been enacted for the stated purpose of sponsoring public
educational activities and development of educational materials to
ensure that the events surrounding the exclusion, forced removal, and
internment of persons of Japanese ancestry will be remembered and so
that the causes and circumstances of this and similar events may be
illuminated and understood.
Existing law requires, to the extent that federal financial
analysis methodology incorporates this exemption, income received as
reparation payments paid pursuant to federal law for the purpose of
redressing the injustice done to persons of Japanese ancestry who
were interned during World War II not be considered in determining an
applicant's financial need for purposes of student financial aid
programs.
This bill would delete the term "resident aliens" from these
provisions and replace it with the term "permanent residents."
(2) Existing law expresses findings of the Legislature with
respect to the impact of the federal Immigration Reform and Control
Act of 1986 on illegal aliens. Existing law also states the intent of
the Legislature to establish a state test that may be used by
eligible aliens to attest to their understanding of English and
understanding of the history and government of the United States to
meet the requirements of that act. Existing law requires the
Superintendent of Public Instruction, in consultation with the
Chancellor of the California Community Colleges, to develop the state
test referenced above.
This bill would delete the word "illegal" from the legislative
findings relating to these aliens.
(3) This bill would also replace the word "alien" with the term
"foreign national" in various provisions relating to educational
services provided to immigrants, relating to adult education, and
relating to the determination of residence for students of specified
public postsecondary educational institutions, but this replacement
would be operative only if the Superintendent certifies, in writing,
to the Secretary of State of California on or before January 20,
2017, that this terminology has been changed in federal law as
specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13000 of the Education Code is amended to read:
13000. (a) This part shall be known and may be cited as the
California Civil Liberties Public Education Act. The purpose of the
California Civil Liberties Public Education Act is to sponsor public
educational activities and development of educational materials to
ensure that the events surrounding the exclusion, forced removal, and
internment of citizens and permanent residents of Japanese ancestry
will be remembered, and so that the causes and circumstances of this
and similar events may be illuminated and understood.
(b) The Legislature finds and declares that the federal Commission
on Wartime Relocation and Internment of Civilians (CWRIC) was
established by Congress in 1980 to "review the facts and
circumstances surrounding Executive Order 9066, issued in February
19, 1942, and the impact of such Executive Order on American citizens
and permanent residents... and to recommend appropriate remedies."
The CWRIC issued a report of its findings in 1983 with the reports
"Personal Justice Denied" and "Personal Justice Denied-Part II,
Recommendations." The reports were based on information gathered
"through 20 days of hearings in cities across the country,
particularly the West Coast, hearing testimony from more than 750
witnesses: evacuees, former government officials, public figures,
interested citizens, and historians and other professionals who have
studied the subjects of Commission inquiry."
(c) The lessons to be learned from the internment of
Japanese-Americans during World War II are embodied in "Personal
Justice Denied-Part II, Recommendations." The CWRIC concluded as
follows: "In sum, Executive Order 9066 was not justified by military
necessity, and the decisions that followed from it-exclusion,
detention, the ending of detention and the ending of exclusion-were
not founded upon military considerations. The broad historical causes
that shaped these decisions were race prejudice, war hysteria, and a
failure of political leadership. Widespread ignorance about
Americans of Japanese descent contributed to a policy conceived in
haste and executed in an atmosphere of fear and anger at Japan. A
grave personal injustice was done to the American citizens and
resident aliens of Japanese ancestry who, without individual review
or any probative evidence against them were excluded, removed and
detained by the United States during World War II."
(d) The Legislature further finds and declares that President
Ronald Reagan signed into law the federal Civil Liberties Act of 1988
and declared during the signing ceremony that "This is a great day
for America." In that act the Congress declared as follows:
"The Congress recognizes that, as described in the Commission on
Wartime Relocation and Internment of Civilians, a grave injustice was
done to both citizens and permanent residents of Japanese ancestry
by the evacuation, relocation, and internment of civilians during
World War II. As the Commission documents, these actions were carried
out without adequate security reasons and without any acts of
espionage or sabotage documented by the Commission, and were
motivated largely by racial prejudice, wartime hysteria, and a
failure of political leadership. The excluded individuals of Japanese
ancestry suffered enormous damages, both material and intangible,
and there were incalculable loses in education and job training, all
of which resulted in significant human suffering for which
appropriate compensation has not been made. For these fundamental
violations of the basic civil liberties and constitutional rights of
these individuals of Japanese ancestry, the Congress apologizes on
behalf of the Nation."
SEC. 2. Section 32400 of the Education Code is amended to read:
32400. (a) The Legislature finds that as many as one million
seven hundred thousand aliens could be granted amnesty and would seek
permanent residency in California under the federal Immigration
Reform and Control Act of 1986 (Public Law 99-603). Under the act,
eligible aliens would be required to demonstrate an understanding of
ordinary English and a knowledge and understanding of the history and
government of the United States.
(b) Further, it is the intent of the Legislature to establish a
state test for use by eligible aliens that would attest to their
understanding of English and understanding of the history and
government of the United States to meet the requirements of Section
312 of the federal Immigration and Nationality Act (8 U.S.C. Sec.
1423) and the federal Immigration Reform and Control Act of 1986
(Public Law 99-603).
SEC. 3. Section 32400 of the Education Code is amended to read:
32400. (a) The Legislature finds that as many as one million
seven hundred thousand undocumented foreign nationals could be
granted amnesty and would seek permanent residency in California
under the federal Immigration Reform and Control Act of 1986 (Public
Law 99-603). Under the act, eligible undocumented foreign nationals
would be required to demonstrate an understanding of ordinary English
and a knowledge and understanding of the history and government of
the United States.
(b) Further, it is the intent of the Legislature to establish a
state test for use by eligible foreign nationals that would attest to
their understanding of English and understanding of the history and
government of the United States to meet the requirements of Section
312 of the federal Immigration and Nationality Act (8 U.S.C. Sec.
1423) and the federal Immigration Reform and Control Act of 1986
(Public Law 99-603).
SEC. 4. Section 32401 of the Education Code is amended to read:
32401. (a) The Superintendent, in consultation with the
Chancellor of the California Community Colleges, shall develop a test
or adopt an existing test, subject to the approval of the United
States Attorney General pursuant to the federal Immigration Reform
and Control Act of 1986 (Public Law 99-603), to measure whether an
eligible foreign national has a minimal understanding of ordinary
English and a knowledge and understanding of the history and
government of the United States as required under Section 312 of the
federal Immigration and Nationality Act (8 U.S.C. Sec. 1423).
(b) The Governor, the Superintendent, the Chancellor of the
California Community Colleges, the President pro Tempore of the
Senate, and the Speaker of the Assembly shall petition the Director
of the United States Immigration and Naturalization Service and the
United States Attorney General for approval to use the test referred
to in subdivision (a) as one means by which an eligible foreign
national may satisfy the requirements under the federal Immigration
Reform and Control Act of 1986 (Public Law 99-603).
(c) The Superintendent shall distribute the test referred to in
subdivision (a) to school districts, county offices of education, and
community colleges, upon their request for purposes of
administration, to eligible foreign nationals granted legal status
pursuant to Section 245A of the federal Immigration and Nationality
Act, as amended by the Federal Immigration Reform and Control Act of
1986 (Public Law 99-603). Any school district, county office of
education, or any other eligible agency that receives federal
legalization impact-assistance funds to provide educational services
may administer the test for purposes of determining the need of an
eligible foreign national applying for legal status for appropriate
educational services, and of allowing an eligible foreign national to
demonstrate an understanding of ordinary English and a knowledge and
understanding of the history and government of the United States.
Test results shall be confidential, and shall not be released without
the written consent of the eligible foreign national for any purpose
that is not directly related to the provision of educational
services. Upon request by an eligible foreign national applying for
legal status, test results may be transmitted to the United States
Immigration and Naturalization Service. School districts, county
offices of education, community colleges, and any other eligible
agencies that receive federal funds for this purpose shall administer
the test using appropriate test monitor and control procedures and
provide for necessary test security measures.
SEC. 5. Section 52613 of the Education Code is amended to read:
52613. (a) Notwithstanding any section to the contrary, each
governing board of a school district maintaining classes for adults
that issues a Certificate of Eligibility for Nonimmigrant (F-1)
Student Status - For Academic and Language Students, Form I-20AB, or
completes Form I-20AB for a nonimmigrant foreign national, as defined
in subparagraph (F)(i) of paragraph (15) of subsection (a) of
Section 1101 of Title 8 of the United States Code, for the purposes
of enrolling the nonimmigrant foreign national in a class in English
and citizenship for foreigners or a class in an elementary subject,
shall charge the nonimmigrant foreign national a fee to cover the
full costs of instruction, but in no case shall the fee exceed the
actual cost of the instruction. The fee shall be adopted at a regular
meeting of the governing board of each of these school districts
maintaining classes for adults at least 90 days before the
commencement of the classes for which the fee is charged.
(b) No school district maintaining classes for adults shall
include the attendance of F-1 visa students enrolled in a class in
English and citizenship for foreigners or in a class in elementary
subjects for apportionment purposes.
SEC. 6. Section 52651 of the Education Code is amended to read:
52651. For purposes of this chapter, unless the context otherwise
requires, the following terms shall have the following meanings:
(a) "Board of Governors" means the Board of Governors of the
California Community Colleges.
(b) "Chancellor" means the Chancellor of the California Community
Colleges.
(c) "Community-based organizations" means public nonprofit benefit
corporations of demonstrated effectiveness approved by the
Superintendent to provide educational services to eligible legalized
persons.
(d) "Department" means the State Department of Education.
(e) "Educational outreach activities" means:
(1) Information transmitted to temporary resident foreign
nationals regarding the requirements of the federal Immigration and
Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as
those requirements existed on the effective date of this chapter,
relating to adjustment of resident status, sources of assistance to
those foreign nationals obtaining adjustment of resident status,
including educational, informational, and referral services, and the
rights and responsibilities of those foreign nationals and foreign
nationals lawfully admitted for permanent residence, the
identification of health, employment, and social services, and the
importance of identifying oneself as a temporary resident foreign
national to service providers. It does not include client counseling
or any other service that would assume responsibility of the foreign
national's application for the adjustment of resident status.
(2) Information provided to newly legalized persons and other
immigrants regarding educational opportunities available to them.
(f) "Immigrant" means a person who is a citizen of a country other
than the United States and is eligible for education services in
California or a naturalized United States citizen who is now residing
in California.
(g) "Newly legalized person" means a foreign national who has been
granted lawful temporary resident status under Sections 1160, 1161,
and 1255a of Title 8 of the United States Code, as those sections
existed on the effective date of this chapter. In addition, it means
a person who has, after being granted lawful temporary resident
status, obtained permanent resident or citizenship status.
(h) "Services provider" means any community-based organization,
school district maintaining adult education programs, or community
college that has been approved by the Superintendent in the 1991-92
fiscal year as eligible to provide educational services to newly
legalized persons pursuant to subdivision (k) of Section 23.50 of the
Budget Act of 1991.
(i) "SLIAG" means the State Legalization Impact-Assistance Grants
as set forth in Section 204 of the federal Immigration Reform and
Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the
effective date of this chapter.
(j) "Superintendent" means the Superintendent of Public
Instruction.
SEC. 7. Section 68062 of the Education Code is amended to read:
68062. In determining the place of residence the following rules
are to be observed:
(a) There can only be one residence.
(b) A residence is the place where one remains when not called
elsewhere for labor or other special or temporary purpose, and to
which he or she returns in seasons of repose.
(c) A residence cannot be lost until another is gained.
(d) The residence can be changed only by the union of act and
intent.
(e) A man or woman may establish his or her residence. A woman's
residence shall not be derivative from that of her husband.
(f) The residence of the parent with whom an unmarried minor child
maintains his or her place of abode is the residence of the
unmarried minor child. When the minor lives with neither parent his
or her residence is that of the parent with whom he or she maintained
his or her last place of abode, provided the minor may establish his
or her residence when both parents are deceased and a legal guardian
has not been appointed.
(g) The residence of an unmarried minor who has a parent living
cannot be changed by his or her own act, by the appointment of a
legal guardian, or by relinquishment of a parent's right of control.
(h) A foreign national, including an unmarried minor foreign
national, may establish his or her residence, unless precluded by the
federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq.)
from establishing domicile in the United States.
(i) The residence of an unmarried minor foreign national shall be
derived from his or her parents pursuant to the provisions of
subdivisions (f) and (g).
SEC. 8. Section 68130.5 of the Education Code is amended to read:
68130.5. Notwithstanding any other law:
(a) A student, other than a nonimmigrant foreign national within
the meaning of paragraph (15) of subsection (a) of Section 1101 of
Title 8 of the United States Code, who meets all of the following
requirements shall be exempt from paying nonresident tuition at the
California State University and the California Community Colleges:
(1) Satisfaction of either of the following:
(A) High school attendance in California for three or more years.
(B) Attainment of credits earned in California from a California
high school equivalent to three or more years of full-time high
school coursework and a total of three or more years of attendance in
California elementary schools, California secondary schools, or a
combination of those schools.
(2) Graduation from a California high school or attainment of the
equivalent thereof.
(3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
(4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
(b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
(d) Student information obtained in the implementation of this
section is confidential.
SEC. 9. Section 69505 of the Education Code is amended to read:
69505. (a) To the extent that federal financial analysis
methodology incorporates this exemption, income received as
reparation payments paid pursuant to federal law on or after October
1, 1990, for the purpose of redressing the injustice done to United
States citizens and permanent residents of Japanese ancestry who were
interned during World War II shall not be considered in determining
an applicant's financial need.
(b) To the extent that federal financial analysis methodology
incorporates this exemption, income received as reparation payments
paid by the Canadian government for the purpose of redressing the
injustice done to persons of Japanese ancestry who were interned in
Canada during World War II shall not be considered in determining an
applicant's financial need.
SEC. 10. (a) Sections 3 to 8, inclusive, of this act shall not
become operative unless, on or before January 20, 2017, the
Superintendent of Public Instruction certifies, in writing, to the
Secretary of State of California that House Resolution 3785 of the
114th United States Congress, or an equivalent measure, has been
enacted and the Correcting Hurtful and Alienating Names in Government
Expression (CHANGE) Act has become law, accomplishing both of the
following with respect to an executive agency of the federal
government:
(1) The replacement of the term "alien" with the term "foreign
national" when used to refer to an individual who is not a citizen or
national of the United States.
(2) The replacement of the term "illegal alien" with the term
"undocumented foreign national" when used to refer to an individual
who is unlawfully present in the United States or who lacks a lawful
immigration status in the United States.
(b) In the event that the Superintendent of Public Instruction
makes the certification referenced in subdivision (a), Section 2 of
this act shall become inoperative.
