Bill Text: CA AB1850 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1850 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

BILL NUMBER: AB 1850	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 10, 2016

   An act to amend Sections 32400 and 32401 of the Education Code,
relating to educational services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1850, as introduced, Eduardo Garcia. Educational services:
federal Immigration Reform and Control Act of 1986.
   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.
   The bill would also replace the word "alien" with the term
"foreign national" in these provisions, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32400 of the Education Code is amended to read:

   32400.  (a) The Legislature finds that as many as one million
seven hundred thousand  illegal  aliens could be
granted amnesty and would seek permanent residency in California
under  the provisions of  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  that may be used   for use  by
eligible aliens  to   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. 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  illegal aliens  
undocumented foreign nationals  could be granted amnesty and
would seek permanent residency in California under  the
provisions of  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  that may be used  for use  by
eligible  aliens to   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. 3.  Section 32401 of the Education Code is amended to read:
   32401.  (a) The  Superintendent of Public Instruction,
  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  alien   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 of Public
Instruction,   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  immigrant   foreign national  may
satisfy the requirements under the federal Immigration Reform and
Control Act of 1986 (Public Law 99-603).
   (c) The Superintendent  of Public Instruction 
shall distribute  this test  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  immigrants  
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  which   that
 receives federal legalization impact-assistance funds to
provide educational services may administer the test for purposes of
determining the need of an eligible  immigrant  
foreign national  applying for legal status for appropriate
educational services, and of allowing an eligible  immigrant
  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 may   confidential,
and shall  not be released without the written consent of the
eligible  immigrant   foreign national  for
any purpose that is not directly related to the provision of
educational services. Upon request by an eligible  immigrant
  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. 4.  (a) Sections 2 and 3 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 1 of
this act shall become inoperative.