The California education bills that made it to Newsom’s desk, and those that didn’t

California Lawmakers Tackle Education's Toughest Issues: What Reached the Governor's Desk?

As the legislative clock ticked down, California's lawmakers grappled with a slate of critical education bills, navigating contentious debates and last-minute compromises. From confronting rising antisemitism to overhauling charter school oversight and reimagining school nutrition, the fate of numerous proposals rested on their ability to find common ground before the session's abrupt end. This year's legislative session saw a flurry of activity, with significant bills advancing to Governor Gavin Newsom's desk, while others, despite fervent advocacy, failed to gain traction.

A New Front Against Antisemitism in Schools

One of the most pressing issues to emerge was the alarming rise in antisemitism within California's school system. Lawmakers sought to establish concrete mechanisms to address this growing concern, aiming to create safer and more inclusive learning environments for all students.

Establishing a Dedicated Coordinator

Assembly Bill 715, championed by Assemblymembers Rick Chavez Zbur and Dawn Addis, proposes a proactive approach. The bill seeks to establish a new Office of Civil Rights and appoint an Antisemitism Prevention Coordinator. This individual would be tasked with tracking and reporting incidents of antisemitism, as well as providing crucial training and guidance to local educational agencies across the state.

The bill also mandates that any adopted curriculum must be factually accurate and align with established educational standards. This measure is particularly significant given the documented increase in antisemitic incidents occurring on school grounds throughout California.

Status: This bill is now on its way to the governor's desk. While it has garnered broad support, it has also undergone extensive revisions to address opposition, including from the California Teachers Association, which continues to voice concerns.

Charter School Reform: A Balancing Act

The landscape of charter schools in California has long been a subject of intense debate, pitting advocates for innovation and parental choice against those concerned about accountability and potential fraud. This year, lawmakers attempted to strike a delicate balance, aiming to enhance oversight without stifling the sector.

Strengthening Oversight and Accountability

Two key pieces of legislation, Assembly Bill 84 by Assemblymember Al Muratsuchi and Senate Bill 414 by Sen. Angelique Ashby, aimed to significantly increase the scrutiny of charter schools. Both bills shared common goals, including expanding auditing requirements and improving data collection on crucial metrics like enrollment, student-teacher ratios, and academic achievement, especially for non-classroom-based charters.

Furthermore, both proposals sought to curb the misuse of public funds by banning expenditures on non-instructional entertainment, such as trips to theme parks. Senate Bill 414 also proposed the creation of an Inspector General's Office specifically to investigate allegations of fraud across all public schools, not just charters.

Assembly Bill 84, strongly backed by labor unions, proposed even more stringent requirements for charter school approval and renewal, a move met with significant opposition from charter school organizations.

Status: Senate Bill 414 ultimately passed after lengthy floor debates that extended into the weekend. However, Assembly Bill 84, lacking sufficient support, was not brought to a vote and can be reintroduced next legislative session. The passage of SB 414 comes after years of moratoriums on non-classroom-based charters and following several high-profile scandals and studies highlighting areas for improvement.

The journey to this legislative outcome was arduous, with charter school advocates, authorizers, and legislators spending over 100 hours attempting to forge a unified bill. Ultimately, legislative leaders favored SB 414 as the more pragmatic solution. The California Teachers Association has indicated it will lobby Governor Newsom to veto this bill.

Protecting Undocumented Students and Families

Concerns surrounding immigration enforcement and its potential impact on students and their families have been a persistent theme in California's educational policy discussions. Lawmakers have sought to reinforce protections and ensure that school campuses remain safe havens for all students, regardless of their immigration status.

Shielding Campuses from Enforcement

Assembly Bill 49, authored by Assemblymembers Al Muratsuchi, Liz Ortega, and Celeste Rodriguez, along with Sen. Lena Gonzalez, aims to create a clear boundary between immigration enforcement and school grounds. The bill would prohibit immigration enforcement officers from entering a school campus or questioning a student unless they possess a judicial warrant or court order.

Crucially, the bill also prohibits schools from sharing any information about a student, family, or employee with immigration officials without such a warrant. This measure is rooted in the fundamental right of all children residing in the U.S. to access public education, a principle affirmed by the Supreme Court. The end of a long-standing policy by the previous administration to avoid immigration enforcement at schools and churches had raised significant fears that families might avoid sending their children to school.

Status: This bill is now headed to the governor's desk. It remains unclear whether Governor Newsom will sign the legislation, as he has not yet commented on its provisions.

Mandatory Notification of Enforcement Presence

Senate Bill 98, introduced by Sen. Sasha Renée Pérez, takes a different but complementary approach to safeguarding the school community. This bill would require school districts, the California State University system, community college districts, and qualifying higher education institutions to notify all students, faculty, and staff when federal immigration enforcement is confirmed on campus.

These notifications would be required to include specific details such as the date, time, and location of the enforcement activity, along with links to additional resources for affected individuals. While many schools already have guidelines for engaging with immigration enforcement, this bill introduces a legal requirement for community notification, aiming to bolster a sense of security and reinforce school campuses as safe spaces amidst ongoing fears of detention and deportation.

Status: This bill has also been sent to the governor's desk. As with AB 49, Governor Newsom's stance on SB 98 is currently unknown.

Clarifying Financial Aid Access for Mixed-Status Families

Senate Bill 323, also from Sen. Sasha Renée Pérez, sought to address a critical barrier for students from mixed-status families. The bill aimed to clarify that the California Dream Act Application is open to any student eligible for state aid, irrespective of their federal financial aid eligibility.

This legislation was designed to alleviate concerns that U.S. citizens within mixed-status families might be hesitant to apply for federal student aid due to technical complexities and worries about data privacy. The heightened climate of immigration enforcement has amplified fears that submitted data could be used to target undocumented family members. Despite the California Dream Act Application being technically open to mixed-status families, uncertainty has persisted due to the lack of a clearly defined and uniform state policy.

Status: This bill did not advance to the governor's desk, having failed to secure a full vote in the Assembly.

Rethinking Truancy and Parental Accountability

California has been moving away from punitive approaches to truancy, recognizing that underlying issues often prevent children from attending school. Lawmakers have explored ways to support families rather than penalize them for circumstances beyond their control.

Decriminalizing Parental Truancy Penalties

Assembly Bill 461, authored by Assemblymember Patrick Aherns, proposed to repeal the criminal misdemeanor offense associated with truancy for parents of students aged 6 and older in grades K-8. This would mean parents would no longer face fines or potential jail time for their children's unexcused absences.

Under existing law, students can be deemed truant after just three unexcused absences exceeding 30 minutes in a school year. The bill reflects a broader shift in California's approach, moving away from punitive measures that have proven less effective, particularly when the reasons for absence are not within a parent's direct control. An amendment to the bill removed a provision that would have eliminated penalties for families receiving cash assistance if a child aged 16 or older was chronically truant.

Status: This bill is headed to the governor's desk.

Investing in the Teaching Profession

The persistent teacher shortage in California is a significant challenge, impacting the quality of education students receive. Efforts to attract and retain educators often involve addressing compensation and working conditions.

A Bold Proposal for Teacher Salary Increases

Assembly Bill 477, introduced by Assemblymembers Al Muratsuchi and Dawn Addis, presented an ambitious plan to bolster the teaching profession. The bill aimed to increase salaries for California teachers and classified school employees by a substantial 50% over the next decade. It also proposed incremental increases in statewide school funding to support these pay raises.

This initiative was driven by data indicating that teachers earn significantly less than other college graduates with comparable degrees, a disparity that discourages many from entering the profession. However, the substantial financial implications of this bill proved to be a major hurdle.

Status: This bill did not make it to the governor's desk. It was held by the Senate Appropriations Committee, largely due to its projected annual cost of $38 billion to the state.

Supporting Children in Times of Family Crisis

The vulnerability of children whose parents or guardians face immigration detention or deportation is a critical concern. Legislation has been introduced to ensure these children have stable care and can continue their education without interruption.

Expanding Caregiver Authorization

Assembly Bill 495, authored by Assemblymember Celeste Rodriguez, sought to broaden the scope of who can legally enroll a child in school and make educational and medical decisions on their behalf. The bill proposed to expand the "caregiver's authorization affidavit" to include a wider range of relatives, defined by degrees of kinship, including great- or great-great aunts and uncles, and their spouses, in addition to stepparents and stepsiblings.

Furthermore, the bill would empower courts to appoint joint custody to a person nominated by a parent if that parent is unavailable due to circumstances like immigration detention. This would also facilitate the parent's ability to regain custody upon their return. The bill was specifically crafted to provide greater protections for children whose parents are detained or deported by U.S. Immigration and Customs Enforcement.

However, the bill faced opposition from some conservative religious groups who expressed concerns about parental rights and the authority of non-relatives to make medical decisions for children. In response, the bill was amended to limit the affidavit to relatives only, excluding "non-relatives."

Status: This bill is headed to the governor's desk. Governor Newsom's decision on signing the bill remains pending.

Enhancing Historical Accuracy in Curriculum

Ensuring that California's history curriculum accurately reflects the contributions of all communities is a vital component of inclusive education. Legislation has been advanced to enrich the historical narrative taught in schools.

Highlighting African American Contributions

Senate Bill 510, authored by Sen. Laura Richardson, mandates that the Instructional Quality Commission consider the historical contributions of African Americans in early California history when revising the curriculum framework or adopting new instructional materials. This bill aims to address the historical tendency to minimize or omit the significant roles played by African Americans in the state's development.

By ensuring these contributions are included, history instruction will become more accurate and inclusive, providing students with a more complete understanding of California's past. The legislation passed both houses of the legislature with unanimous support and was signed by Governor Newsom on August 28th.

Status: This bill was signed by the governor.

Addressing Childhood Sexual Assault Claims

The issue of childhood sexual assault and the legal pathways for survivors to seek justice has been a critical area of focus. Lawmakers have debated measures to balance the rights of survivors with the financial realities faced by public agencies.

Revising Statutes of Limitations for Assault Claims

Senate Bill 577, introduced by Sen. John Laird, proposed to revise the statute of limitations for lawsuits seeking damages from childhood sexual assault by public agency employees, including those in schools. The bill would require such lawsuits to be initiated before a plaintiff turns 40, or within five years of discovering psychological injury after turning 18, whichever period is later. This contrasts with existing law, which places no limit on when such suits can be filed.

The potential financial impact of such lawsuits on school districts is substantial, with estimates exceeding $4 billion. Smaller districts, in particular, have struggled to fund settlements, with some, like the Los Angeles Unified School District, issuing significant judgment obligation bonds. Despite passing the Assembly Appropriations Committee, the bill faced opposition, with Assemblymember Dawn Addis leading efforts to halt its progress, emphasizing that survivors "deserve a chance at justice."

Status: This bill did not reach the governor's desk.

Streamlining College Admissions

Making higher education more accessible to qualified students is a key priority for California. Efforts are underway to simplify the application process and encourage enrollment in state universities.

Direct Admission for High-Achieving Students

Senate Bill 640, authored by Sen. Christopher Cabaldon, aims to simplify the admission process for qualified California high school students seeking to attend the California State University (CSU) system. Under this bill, eligible students—those who have completed required coursework and maintained a strong grade point average—would receive direct admission offers to participating CSU campuses.

This initiative is designed to address the challenge of academically qualified students not enrolling due to complexities in navigating the admissions process. The bill builds upon a successful direct admission pilot program and an existing dual admission transfer pathway program within the CSU system. Studies on similar direct admission programs in other states have shown a positive impact on undergraduate enrollment.

Status: This bill is headed to the governor's desk.

Navigating the Digital Learning Landscape

As online education becomes increasingly prevalent, ensuring quality and consumer protection for students is paramount. California has been the sole state not participating in a key interstate agreement for online learning.

Joining the State Authorization Reciprocity Agreement

Senate Bill 790, also from Sen. Christopher Cabaldon, sought to pave the way for California to join the State Authorization Reciprocity Agreement (SARA). SARA is an interstate compact that establishes common standards for online college courses and degrees. However, the bill included conditions ensuring that California's participation would not compromise its ability to enforce its own consumer protection laws.

Joining SARA is intended to make it easier for California colleges to enroll students from out of state in their online programs. The absence from SARA has been a notable outlier, with California being the only state not to participate.

Status: This bill was held by the Assembly Appropriations Committee and did not advance to the governor's desk.

Addressing Teacher Shortages with Substitute Flexibility

California continues to face a significant shortage of qualified teachers, particularly in specialized fields like special education, science, and math. Legislative efforts have focused on innovative solutions to fill these critical vacancies.

Expanding Substitute Teaching Limits

Assembly Bill 1224, authored by Assemblymembers Avelino Valencia, Robert Garcia, and Anamarie Ávila Farías, proposes to increase the flexibility for substitute teachers. The bill would double the number of days a substitute can teach in a single general education classroom from 30 to 60, and in special education classrooms from 20 to 60. This change is intended to help fill vacant teaching positions and reduce classroom instability.

The legislation, set to take effect in January, also requires school districts to report on substitute teacher usage starting in the 2026-27 school year. The bill has sparked passionate debate, with supporters arguing it reduces disruptions for students, while opponents express concerns about the academic impact of having substitutes teach for extended periods without the full qualifications of a permanent teacher.

Status: This bill is headed to the governor's desk.

A Healthier Future for School Meals

Recognizing the profound impact of nutrition on student health and academic performance, California has taken a bold step towards improving the quality of food served in its schools.

Phasing Out Ultra-Processed Foods

Assembly Bill 1264, introduced by Assemblymember Jesse Gabriel, establishes California as the first state to ban ultra-processed foods (UPFs) in school meals within a decade. The bill directs the Office of Environmental Health Hazard Assessment to adopt regulations for UPFs, defined as foods and beverages high in saturated fats, sodium, or specific added sugars and sweeteners.

Schools would begin phasing out these harmful UPFs by January 1, 2028. By July 1, 2035, school districts, county offices of education, and charter schools would be prohibited from offering nutritionally adequate breakfasts or lunches containing UPFs, or selling any food or beverages with UPFs, with the exception of school fundraisers. Nutrition experts highlight the detrimental effects of UPFs on children, including increased risks of obesity, diabetes, and heart disease, which disproportionately affect students from low-income communities.

The bill passed with bipartisan support, including from Republicans who drew parallels to initiatives focused on improving public health. Gabriel noted that he accepted numerous amendments to address concerns from food and agriculture lobbies.

Status: This bill is headed to the governor's desk.

Supporting Students Amidst Immigration Enforcement Actions

The presence of immigration enforcement actions near schools has raised concerns about student attendance and the potential for disruption. Legislation has been introduced to provide schools with flexibility in reporting attendance data during such events.

Attendance Credit for Immigration Enforcement Disruptions

Assembly Bill 1348, authored by Assemblymember Jasmeet Bains, seeks to add immigration enforcement actions to the list of reasons for which school districts can request average daily attendance (ADA) credit. This credit allows districts to make up for attendance decreases of up to 10% due to specified events like fires, floods, epidemics, and earthquakes.

The bill aims to address heightened concerns that children may be missing school to avoid encounters with immigration agents, particularly following changes in federal policy. When ADA credit is requested under these circumstances, students must also be offered independent study options. The bill was amended to define immigration enforcement, cap ADA credits, specify instructional requirements, and exempt certain documentation from public records requests.