California Legislature—2015–16 Regular Session

Assembly Bill No. 1850

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 begin delete illegal end delete aliens could be granted amnesty
and would seek permanent residency in California under begin delete the
provisions of end delete 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 begin delete that may be used end delete begin insert for use end insert by eligible aliens begin delete to end delete begin insert that would end insert 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 begin insert federal end insert 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 begin delete illegal aliens end delete begin insert undocumented foreign
nationals end insert could be granted amnesty and would seek permanent
residency in California under begin delete the provisions of end delete 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 begin delete that may be used end delete begin insert for use end insert by eligible begin delete aliens to end delete begin insert foreign nationals
that would end insert 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 begin insert federal end insert 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 begin delete Superintendent of Public Instruction, end delete
begin insert Superintendent, end insert 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
begin delete alien end delete begin insert foreign national end insert 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 begin insert federal end insert Immigration and Nationality Act (8 U.S.C. Sec. 1423).

(b) The Governor, the begin delete Superintendent of Public Instruction, end delete
begin insert Superintendent, end insert 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 begin insert United States end insert
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 begin delete immigrant end delete
begin insert foreign national end insert may satisfy the requirements under the federal
Immigration Reform and Control Act of 1986 (Public Law 99-603).

(c) The Superintendent begin delete of Public Instruction end delete shall distribute begin delete this
test end delete begin insert the test referred to in subdivision (a) end insert to school districts, county
offices of education, and community colleges, upon their request
for purposes of administration, to eligible begin delete immigrants end delete begin insert foreign
nationals end insert granted legal status pursuant to Section 245A of the
begin insert federal end insert 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 begin delete which end delete begin insert that end insert receives federal legalization
impact-assistance funds to provide educational services may
administer the test for purposes of determining the need of an
eligible begin delete immigrant end delete begin insert foreign national end insert applying for legal status for
appropriate educational services, and of allowing an eligible
begin delete immigrant end delete begin insert foreign national end insert 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
begin delete confidential and may end delete begin insert confidential, and shall end insert not be released without
the written consent of the eligible begin delete immigrant end delete begin insert foreign national end insert for
any purpose that is not directly related to the provision of
educational services. Upon request by an eligible begin delete immigrant end delete begin insert foreign
national end insert applying for legal status, test results may be transmitted
to the begin insert United States end insert 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.