Amended in Assembly May 2, 2016

Amended in Assembly April 7, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1850

Introduced by Assembly Member Eduardo Garcia

begin insert

(Coauthor: Assembly Member Gonzalez)

end insert

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, as amended, 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 begin delete applicants end delete begin insert applicant’s end insert 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.

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 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 begin delete aliens end delete begin insert undocumented
foreign nationals end insert 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 begin delete education end delete
begin insert education, end insert 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.