Senate Standing Committee on Education
- Monique Limón
Legislator
In order. Let me go to the preamble here. Thank you very much. There are 10 bills on today's agenda, none of which are on consent. Witnesses may be asked to limit their testimony to three minutes to ensure the Committee is able to complete today's agenda in a timely fashion. I know I've said that before, seeing no quorum. Let's begin as a Subcommitee with the first regular order Bill. The good Senator from Illinois is here. Welcome, Senator Umberg. You may begin when you're ready, Senator.
- Thomas Umberg
Legislator
Thank you, Mister chair. He grew up in Illinois, or partly, yes. Product of the Midwest. That's correct. Thank you very much. I want to thank the chair and Lynn Lober for working with us on this measure, like all bills, is very important. So I want to explain the catalyst for this Bill. The catalyst Bill came from a young sophomore student at Chino High School named Lawrence Kim, who actually is here with us today, was going to testify on the Bill.
- Thomas Umberg
Legislator
Historically, students with neurodivergent conditions have faced unique challenges in educational settings, ranging from misunderstanding and stereotypes to bullying and discrimination. This hinders students academic growth and affects their emotional and social development. As I mentioned, high school student Lawrence Kim proposed SB 939, which helps and acknowledges students with neurodivergence, which is a spectrum of differences in brain function and behavioral traits, including conditions such as autism spectrum disorder, adhd, dyslexia, and more.
- Thomas Umberg
Legislator
SB 939 seeks to amend Section 234.1 of the education code to explicitly include protections for neurodivergent students, ensuring they receive the same rights to a safe and positive learning environment as their peers. Specifically, this Bill requires the Department of Education to work with the UC CSU Collaborative for Neurodiversity and Learning, to disperse information to local education agencies, and to expand its online bullying training module to include information about how to support students who are bullied for being neurodivergent with links to resources from the collaborative.
- Monique Limón
Legislator
With me here today is Dylan Elliott, who's here testifying on behalf of California State Association of Psychiatrists and the inspiration for the Bill himself, Mister Lawrence Kim. Thank you, Mister chair. Thank you. Mister Umberg. Mister Kim, welcome. Glad to have you here. Please proceed. You have three minutes. I'll start here. Good morning. Welcome. You have three minutes. Thank you.
- Unidentified Speaker
Person
My name is Dylan Elliott and I'm here on behalf of the California State Association of Psychiatrists, or CSAP, in support of SB 939, authored by Senator Umberg, which seeks to support neurodivergent students in the classroom, an effort central to CSAPS goals. Research indicates that the population of neurodivergent youth is increasing, or at the very least, the number of diagnoses being made. As a result, the need for heightened awareness and understanding about the different kinds of learners among educational communities grows in kind.
- Monique Limón
Legislator
Beyond ensuring that educators are properly equipped with the knowledge necessary to support all students. One of SB 9309's proposed goals is to support students who may be the victims of bullying. For example, according to the Journal of Attention Disorders, nearly half of children with attention deficit hyperactivity disorders are victims of bullying, more than double the amount of bullying experienced by neurotypical peers. It's our belief that information, engagement and resources are an important first step to combat this issue.
- Monique Limón
Legislator
With the Committee's amendments, local educational agencies would have access to these resources through an existing collaborative between the UC and CSU system and require that information be made available to the public, both on the Department of Education's website, but also on the websites of school districts, county offices of education and school sites. Additionally, it asks the California Department of Education to expand its online bullying training module to include information supporting neurodiverse students, while CSAP supported the version of the Bill in print.
- Monique Limón
Legislator
We recognize the concerns outlined by the Committee in the analysis and appreciate your chair Newman's and your staff's effort in finding an effective path forward that still benefits neurodiverse students. It's a straightforward Bill with no listed opposition. Respectfully asked for your I vote. Thank you Chairman. Thank you. Thank you for your testimony. Mister Kim, welcome. Good morning Mister chair Members. My name is Lawrence Gaiman. I'm a Baltimore currently. Help him with the microphone if you could. Thank you. Not quiet. Getting there. All right.
- Monique Limón
Legislator
A little closer to you. Your voice is going to sound awesome when it's amplified. You guys can hear me, right? zero yeah. You sound good. Sounds good. Okay. Good morning Mister chair and Members. My name is Lawrence Kim and I'm a sophomore currently attending the BSD academy at Chino High School. I'm here to show my utmost support for a bail idea that I came up with, SB 939.
- Monique Limón
Legislator
As a longtime advocate for neurodivergence awareness, I've often noticed numerous measures being taken by the state to provide support for the neurodivergent population directly. Despite this, I could easily notice within my own school communities over the past years that many of my neurodivergent peers were still being left out and bullied. After thorough conversations with not only my neurodivergent peers, but also with their parents, I was able to identify that the rouge cause of this continual exclusion was a lack of awareness within the student body population.
- Monique Limón
Legislator
I had never received any type of education on neurodivergent populations at school, and the sole interactions with my neurodivergent friends was the only outlet for me to learn more about them. It's critical that a student body receives a proper education regarding such a significant part of the school community.
- Monique Limón
Legislator
As someone who's been judged for wearing hearing aids and received utmost understanding from my peers after an intervention by a teacher, I can assure you that a mere education of our differences can make a huge impact on a child's life. Once the General student body acquires proper knowledge about our neurodivergent population, it will be a situation working both ways. Direct support from the state along with community support from peers.
- Monique Limón
Legislator
I truly appreciate Senator Umberg's initiative in authoring SB 939 and supporting the growing neurodivergent population in our school system. And I ask for an aye vote on this Bill. Thank you. Thank you. And thank you for your testimony. Are there any other individuals in the AW than the room would like to testify in support of the Bill? Your name, your organization, your position. Chartered Members Carson Eads, on behalf of the California Charter Schools Association in support of this Bill? Thank you. Thank you. Next, please.
- Melissa Cortes
Person
Thank you. Melissa Cortese on behalf of Autism Speaks in support.
- Scott Wilk
Person
Thank you. Miss Cortese, is there anybody here, like, testifying in opposition to the Bill? Seeing none. Let us now establish a quorum. I believe we have 11234. Unless. I know. Unless I've been in this morning. No. We screen a little more rigorously for this Committee. I'm sorry. We're on other committees, so we do not have a quorum. I apologize. Let us come back to the Committee. Any questions or comments from my colleagues here? Just long overdue.
- Josh Newman
Person
Thank you for bringing your idea to us and for your very articulate presentation today. Thank you. And can I assume you'll move the Bill when appropriate? All right. Thank you. Any other comments? Questions? Senator Amber, you mentioned the Committee, but I'm not sure if you explicitly accept the amendments proposed. Mister. I appreciate that. So I'm glad to support the Bill. I'm grateful that you accept the amendments.
- Josh Newman
Person
There is still work needed to, I think, to arrive on an accepted definition of neurodivergence. So that's sort of a larger issue I think that this Legislature at some point is going to have to address. But with respect to the Bill, glad to support it. We do not yet have a corner, but when we do we have a motion from Senator Welk? Would you like to close? No, thank you Mister chair. And Members, I appreciate it. Thank you Mister Kim, for traveling here today.
- Thomas Umberg
Legislator
I suspect that in a few years he'll be on the other side of this barrier sitting with you with a voice like that. Absolutely. All right, all right. He's not in my district, fortunately or unfortunately, but yes. Yeah, right, right. All right. Thank you. Urge an aye vote. Thank you.
- Josh Newman
Person
Thank you. And thank you Mister Kim. Thank you Mister Elliott. Next up, I see Senator Archuleta. Welcome sir. You will be presenting SB 1315. And as you're aware, we do not yet have a quorum, but please proceed when you're ready. Okay.
- Bob Archuleta
Legislator
Thank you Mister Chair and good morning. And Members, I would like to begin by accepting the amendments outlined in the Committee analysis and thanking the chair and the Committee staff for working with my office on this particular Bill. As we recognize our school do fantastic work every single day, helping our kids to be better educated and begin their pathway to future endeavors and representatives all in our great State of California.
- Bob Archuleta
Legislator
However, they also do outstanding work in meeting the extreme high number of reporting requirements that are required of them each and every day and throughout the year. Senate Bill 1315 would task the California Department of Education with assessing the total number of reports required of school districts and the amount of work that goes into them, and to report to the Legislature on what reports are no longer needed, which ones can be condensed, and which reports should remain.
- Bob Archuleta
Legislator
I don't think we realize it, but our school districts are overburdened and overwhelmed, in some cases with a number of reports required of them. In fact, current estimates put the number of reports on nearly equal footing with the number of school days that the state requires, which is 180 days. But the real issue that we simply do not know all the reports that are required of the school district.
- Bob Archuleta
Legislator
However, we do know that all the while, school district staff are spending a large amount of time in the office gathering, compiling, drafting, formulating and submitting reports that could otherwise be focused on the needs of our students. The time, effort and money spent. Accountability is crucial part of government that we know, and this measure will help meet the intent and provide the better policy development and improve the outcomes of our public education system.
- Bob Archuleta
Legislator
We must give the time to our teachers and any monies available back to our schools. Lastly, it would also help save money, reducing costs and financial burdens associated with unnecessary or obsolete reporting requirements. My staff also shared with you a picture of the sheer volume of reports submitted by school district, and you see it on the pictures that I've provided to give you an example of what is required on a regular basis.
- Bob Archuleta
Legislator
Here with me in support of the Bill is Sophia Layne, school board member for the Cabrillo Unified School District in Half Moon Bay, who's here on behalf of the California School Board Association, and Tatia Davenport, who is the CEO for the California Association of School Board officials. And with all this, I respectfully ask for your aye vote.
- Josh Newman
Person
Thank you, Senator. Welcome, Miss Layne.
- Sophia Layne
Person
Thank you. Dear Chair and Members, my name is Sophia Lane and I'm a board member of the Cabrillo Unified School District in Halfmoon Bay and surrounding communities. I'm pleased to be here on behalf of the California School Boards Association, which is proud to be a co-sponsor of this Bill. SB 1315 is a good government measure that would require CDE to produce a biannual report on the number and scope of reports required of our state's nearly 1000 school districts.
- Sophia Layne
Person
Like the vast majority of school districts in California, Cabrillo Unified is small, with seven school sites and a diverse student enrollment of approximately 2800 students. Accountability is an important component of our public education system as it assures the public that taxpayer dollars are being used as intended and it helps inform public participation toward a functioning and vibrant democracy. We fully embrace this important responsibility and work hard to comply with requirements.
- Sophia Layne
Person
However, when combined with increasingly acute educational workforce costs and shortages and the increase in district requirements and state mandates, our district, like many others, has limited staff and resources to identify, develop, and submit what has become an inordinately high number of reports further to ongoing internal reporting that helps us monitor student outcomes, program effectiveness, and operational efficiencies. It pains me to allocate our very limited funding year after year for inefficient reporting processes that stem from the various requirements that have accreted over time.
- Sophia Layne
Person
Unfortunately, even in this digital age, much of this work must be compiled manually because the data resides in the wide variety of it systems school districts must use at any given point in time, and reporting requirements change each year. This takes district office and it staff time, as well as the time of school site staff and even teachers, all of whom we would rather focus more efficiently on direct student needs.
- Sophia Layne
Person
We do not dispute that public funding should be held to account, though rather support the opportunity to regularly reflect upon reporting requirements that will enable our public education system to determine what should be elevated, condensed or eliminated. I appreciate the opportunity to speak before you today. Thank you.
- Josh Newman
Person
Thank you. Miss Davenport, welcome.
- Tatia Davenport
Person
Yes, good morning. Good morning. I'm Tatia Davenp, CEO of the California Association of School Business Officials, also known as CASBO. We represent more than 30,000 school business leaders throughout the state. We are the proud co-sponsors of SB 1315 and thank the author for bringing this forward. California oversees more than 1000 school districts responsible for educating more than 5.8 million students. Among the various duties are the submission of the mandated reports to the state. They serve various purposes.
- Tatia Davenport
Person
While these reports offer insight into school performance and student progress, the volume and breadth of the requirements are straining our local educational agency's capacity to balance public accountability and educational priorities. CASBO recently entered into a study with Wested of the chief business official, or CBO, role and responsibilities. While the primary role of a chief business official is to conduct comprehensive financial analysis and strategic financial direction, we found that 12% of a CBO's time is spent on compliance and reporting.
- Tatia Davenport
Person
This percentage is double for our small school districts and while we work on an ongoing basis to learn more about the volume of recording reporting, we are currently at line item 240 on an Excel spreadsheet and our folks love Excel spreadsheets. The conservative fiscal impact is costing our schools nearly 48 and a half $1.0 million annually. And I say conservative because that is the estimation of time of just the chief business official. In the larger districts, they have financial staff and reporting staff to assist.
- Tatia Davenport
Person
That is not included. So while each report contributes to the state's understanding of its public education system, the cumulative burden of years of new programs, initiatives and laws placed on the leas is significant and is diverting administrative attention from the student needs. Analyzing the quantity, variety and extent of the reports will aid in us finding information and opportunities to consolidate identify reports that can be streamlined and certainly those that can be eliminated.
- Tatia Davenport
Person
This process will create opportunities to allocate additional time and resources towards our student needs. We believe that ultimately will lead to cost savings for our leas by reducing expenses associated with producing these reports as well as those that can be merged with others for efficiency. CASBO stands ready and willing to assist with this important effort. Thank you.
- Josh Newman
Person
Thank you. Do we have any other witnesses here who'd like to testify in support of the measure? Please come forward. State your name, your organization and your position.
- Andrea Ball
Person
Thank you Mister Chair, Members. Andrea Ball here on behalf of three organizations, the Association of Suburban School Districts, the Central Valley Education Coalition, which is six counties superintendents and districts in the Central Valley, and the Orange County Department of ED, hasn't taken a formal position but is acutely aware and supports this Bill. We would support this Bill moving forward. I think the photo of the boxes came from a district in Orange County. So you really can see a picture is worth a thousand words. Thank you.
- Josh Newman
Person
Thank you. Next please.
- Jeffrey Vaca
Person
Thank you Mister Chair Members. Jeff Vaca, representing the Riverside County Superintendent of Schools and the 23 school district superintendents in Riverside County in support.
- Barrett Snider
Person
Good morning. Barrett Snider of behalf of The Small School Districts Association in support. Thank you.
- Diana Vu
Person
Good morning. Diana Vu. On behalf of the Association of California School Administrators in support.
- Josh Newman
Person
Thank you. Are there any witnesses in support of more reports, please come forward. First, unsurprisingly, seeing none. Any questions or comments from my colleagues here? No clear sign of a good Bill, so you. That picture, by the way, is from a meeting that I attended with superintendents from Orange County. So your intelligence gathering is impressive, Senator. I don't think you were at the meeting, you somehow obtained that photo. But you do realize there is a certain amount of irony in a Bill that requires a report about too many reports.
- Bob Archuleta
Legislator
Yeah. Mister Chairman, isn't that ironic that here we're trying to get a report to find out why we have so many reports. But the reality is we've heard that it costs money, time and effort. And with the educational crisis we're in preparing our kids for higher education. Prepare our kids every single day. It is amazing what we've discovered. The cost millions and millions of dollars. Man hours, women hours, human hours, I guess I should say. But it's time to take a good assessment and of what we have here. And with that, I ask for your aye vote.
- Josh Newman
Person
Thank you. I am glad to support it. We do not have a motion. We will from Senator Wilk. When at such time we have a quorum, we'll take it up. But thank you. I suspect this will pass.
- Bob Archuleta
Legislator
Thank you, Mister Chair and Members.
- Josh Newman
Person
Very good. Next up we have SB 1348 from Senator Bradford. So, proceeding.
- Josh Newman
Person
Just so everybody knows, every Wednesday there's at least three committees that have meet simultaneously. Some of us are either presenting bills or members of multiple committees at the same time. So, apologies for having a very sparse deus here. Welcome. You're shaking your head. Welcome. You have my full and undivided attention. That'll work in your favor, no matter what. Please do.
- Steven Bradford
Person
All right. Thank you, Mr. chair. I'm here to present 1348 and this bill would create a special state level designation recognizing colleges and universities in California that are making significant commitments to promote black student success. Historically, black students are underrepresented on college campuses. The statistics are concerning. Concerning black college students achievement are concerning. National data shows black student enrollment declined 22% from 2010 to 2020. Data also shows black students are more likely to delay attending college after high school.
- Steven Bradford
Person
Black students are more likely to attend college part time, less likely to earn a degree, and more likely to take on greater amounts of student debt and default on loan repayments. 1348 recognizes those colleges in California that focus on black student success by creating and awarding a seal of excellence serving black students.
- Steven Bradford
Person
This recognition would be given to institutions that meet the established requirements, such as having a black student population of over 6% or greater, having a black student success program, offering robust African American studies programs, offering co curricular learning opportunities or campus affinity centers for black students, engaging in outreach programs and services that demonstrate a natural tie to the black community. This Bill also helps students and their families identify colleges and universities in California that deliver high levels of service to black students.
- Steven Bradford
Person
Unlike Asian American and Native American Pacific Islander serving institutions and Hispanic serving institutions to black students, serving institution will be focused on expanding educational opportunities to improve academic attainment and black student success. I respectfully ask for the. I vote. And here today, testifying on behalf of this bill, is Doctor Keith Murry. I mean, Curry.
- Steven Bradford
Person
I'm sorry, who's the President of Compton College. And Doctor Curry is a leader in advancing black student success both on his campus and on the national level. I'm honored to have him join me this morning in support of 1348.
- Josh Newman
Person
Doctor Curry, welcome.
- Keith Curry
Person
Thank you. Thank you, Senator Bradford, for this bill. Over the last 10 years, I've been involved in black student success programs. I actually am one of the founders of the co founders of the California Community College Black Student Success Week, which is scheduled April 22nd through the 26th. We're offering robust workshops, not only virtually, but also at community college campuses throughout the State of California.
- Keith Curry
Person
In addition to that, I serve as the national panel on Black Student Enrollment and the black Student Enrollment Expert Advisory Committee, which is a national movement in regards to black student success. I've been chairing that for the last year and a half, so I feel that I have expertise as it relates to this conversation around black student success.
- Keith Curry
Person
What I'm actually excited about with this bill, it gives an opportunity for colleges and universities to show that they demonstrate that they're doing work as it relates to support of black students success not only by enrolling those students, but also retaining the students as well through providing those programs and programs and services on their campuses. This bill is a bill that's needed not only in the State of California, but also needed nationally.
- Keith Curry
Person
And California will be at the forefront of the conversation regards to black serving institutions. And I truly support this bill. And thank you to Senator Bradford for taking the lead on this bill as well. Thank you.
- Josh Newman
Person
Thank you. Thank you for your testimony. Are there any other folks here in the committee hearing like testimony, support of the bill please come forward.
- Toby Uptain-Villa
Person
Good morning, Toby Uptain-Villa with the California State Chancellor's Office, here in support.
- Monique Barrett
Person
Monique Barrett, educator from San Diego, here to support.
- Josh Newman
Person
Thank you. Anybody else? Anybody here like, testify in opposition the bill? Seeing none come back to the dais. Welcome, Senator Ochoa-Bogh. Any questions or comments for Senator Bedford? Thank you. Likewise commend you for the bill. We obviously don't have a quorum yet, but when we do, we'll take a motion, put it to a vote. Thank you. Thanks very much. All right, next up would be number four.
- Josh Newman
Person
I don't see Senator Dodd, Senator Ochoa-Bogh, you have the option, I guess, of presenting your bill in the absence of a quorum. Or we can wait. You wait. Okay, so we wait. I guess we'll take a short recess while we wait for one or more authors. No.
- Josh Newman
Person
In order. And Senator Dodd, you're going to present SB 1380, and you are quite welcome to proceed when ready.
- Bill Dodd
Person
Good morning, Mr. Chair and Members. I want to first thank you and your staff for the work and many hours of discussion on this Bill. SB 1380 is first and foremost about fiscal responsibility and the stability of our California public schools. This Bill helps protect school districts against insolvency when evaluating petitions for new charter schools, and closes a loophole that currently allows a petition lawfully denied by a district to be resubmitted as a substantially similar countywide charter.
- Bill Dodd
Person
This maneuver is an abuse of the existing appeals process, which was carefully negotiated by this body, and this Bill does not change. And it also ties the hands of county boards who currently cannot consider the fiscal and community impact that previously denied the charter petition.
- Bill Dodd
Person
A countywide charter petition should be approved on its merits, but existing law is so vague on how we distinguish a countywide charter petition from a single district petition, that it leaves room for the types of abuses I've seen in my own district. The Committee analysis highlights the need for the Bill, but also some areas to work on, including tightening up the definition of substantially similar petitions, making sure we only target districts in financial distress.
- Bill Dodd
Person
And I'm committed to doing the work with Chair Newman, this Committee, and stakeholders on what that should look like. Lastly, this Bill gives county boards the ability to formally hear from districts that would be impacted by the establishment of a charter school. Now, you may have heard from charter advocates that this Bill impacts the renewal of existing charters, and I can assure you that it is not.
- Bill Dodd
Person
The changes under my Bill only impact petitions to establish new charters or those that have material revisions to their charter, seeking to expand sites or grade levels, something that is already--let me repeat that--this is already subject to the same evaluation as a new petition under existing law. I would be glad to clarify this Bill, this in the Bill, if needed.
- Bill Dodd
Person
I do want to point out, too, that I have some amazing charter schools in my district, and while I think I've heard here and there that Dodd's anti-charter. Look at, I've got the Clarksburg Charter School. That's just high performing, the Kairos Public School. High performing. We've got other charter schools in Yolo County, Sonoma County, Napa County and Solano county that are high performing schools. And nothing could be further from the truth.
- Bill Dodd
Person
This here is, in my view, is like legislative review, legislative oversight, and improvements on existing on the legislation that was passed by this body and by the the Legislature and signed by the Governor, that we can do better for the future. So I have here today William Spalding, the Superintendent of Vallejo Unified School District, and Dana Dean, who's a trustee at the Solano County Board of Education, to speak in support of the Bill. Thank you.
- Josh Newman
Person
Thank you. Welcome. And I guess Miss Dean, looks like you're ready to proceed. Please.
- Dana Dean
Person
Thank you. Good morning, Chairman Newman and Committee Members. I am Dana Dean. I have served as a trustee on the Solano County Board of Education for 11 years. Prior to that, I was on the Benicia Unified School board for five years and I have served on the CSBA Board of Directors. County board members have come to understand truly the important role that charter schools play in our communities.
- Dana Dean
Person
That's why I worked with CSBA and my fellow county board members to protect the county's de novo review in the appeal of denied petitions, as well as the authority to consider countywide petitions when AB 1505 was adopted by this Legislature. SB 1380 would simply address an issue in the current law that serves to undermine the work that this body did so well in reforming the Charter School Act in 2019.
- Dana Dean
Person
One of the key components of that reform was enabling governing boards to authorize high quality charter schools while considering the sometimes very significant impacts an approval can have on the districts remaining students. That loophole, the loophole that the Bill would fix here, currently allows for petitions to be denied by the district and then get another bite at the apple, and it can also enable petitions to circumvent the district altogether while impacting that district greatly. We have seen this occur in various parts of the state already.
- Dana Dean
Person
In fact, this problem resulted in new litigation in San Benito county. These lawsuits reduce funding that would normally go to students, and importantly for us, create a tension between the local districts and the county boards who really should be focused on working together to serve kids. The Bill not only protects charter school authorizing in California by making the district and county wide processes more compatible, but it also restores the integrity of important protections for existing students.
- Dana Dean
Person
Cuts to or eliminations of existing programs, increased class sizes and even closures of school sites are just some of the harms that would be prevented by this Bill. I ask you to continue demonstrating your strong support for all students, charter or traditional, by voting aye on this Bill. Thank you.
- Josh Newman
Person
Thank you. Mr. Spalding, welcome.
- William Spalding
Person
Thank you. Good morning, Chairman Newman and Members of the Committee, thank you for the opportunity to speak. My name is William Spalding, Superintendent of the Vallejo City Unified School District, a co-sponsor of SB 1380. As one of four districts in the state currently in receivership status, Vallejo looks forward to making its final payments with interest on the $60 million in state loans as part of the 2004 emergency appropriation after the district became insolvent.
- William Spalding
Person
While the district has faithfully repaid the loan and looks to emerge in the next several months from receivership, the last several years have seen precipitous declining enrollment, and our fiscal recovery is buffeted by further declining enrollment, attendance challenges and uncertain school funding. Vallejo has met these challenges thus far with significant annual budget cuts in school closures and consolidations. We do not want to return to receivership or otherwise burden the state by seeking further financial assistance.
- William Spalding
Person
Other districts, like Napa Valley Unified, have made tough budget decisions to avoid Vallejo's fate. These school districts have followed their financial stabilization plans, such as staff layoffs and school closures, to avoid financial catastrophe. SB 1380 recognizes these local efforts and the nullifying effect that new or expanded charter schools would have on these districts by allowing these districts to consider the fiscal impact of a charter school petition. Additionally, SB 1380 would install financial safeguards for fiscally distressed districts to be considered in New County wide charter petitions.
- William Spalding
Person
Without these safeguards, fiscal devastation could befall adjacent vulnerable school districts. LEAs are the first and last resort of public education institution, having the fundamental responsibility to accept and educate all children, regardless of circumstances or conditions. To meet this constitutional mandate, districts must be viable and successful. What we seek is a matter of fiscal sensibility and fiscal responsibility. No more, no less. We urge the Committee to support SB 1380. We thank Senator Dodd for his support and foresight in protecting fiscally vulnerable school districts. Thank you.
- Josh Newman
Person
Thank you. Are there any people in the audience who'd like to testify in support of the measure? Please come forward to the microphone. State your name and your organization and your position.
- Cassie Mancini
Person
Good morning. Cassie Mancini, on behalf of the California School Employees Association in support.
- Diana Vu
Person
Diana Vu, on behalf of the Association of California School Administrators in support.
- Josh Newman
Person
Thank you.
- Glenn Amboy
Person
Glenn Amboy, Vallejo City Unified School District trustee, in support.
- Josh Newman
Person
Thank you.
- Cindy Watter
Person
Cindy Watter, President of the Napa Valley Unified School District Board of Trustees, in support.
- Josh Newman
Person
Thank you.
- Rosanna Musetti
Person
Dr. Rosanna Musetti, Superintendent of the Napa Valley Unified School District, in support.
- Josh Newman
Person
Thank you.
- Robin Jankiewicz
Person
Robin Jankiewicz, trustee, Napa Valley Unified School District, in support.
- Josh Newman
Person
Thank you.
- Rabinder Mangewala
Person
Rabinder Mangewala, Assistant Superintendent, Business Services, Napa Valley Unified School District in support.
- Josh Newman
Person
Thank you.
- Carlos Machado
Person
Good morning. Carlos Machado with California School Board Association, a co-sponsor on the Bill, and in strong support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Patti Herrera
Person
Good morning. Patti Herrera, on behalf of the Oakland Unified School District and San Diego Unified School District in support. Thank you.
- Andrea Ball
Person
Andrea Ball on behalf of the San Jose Unified School District in support.
- Tiffany Mok
Person
Tiffany Mok on behalf of CFT in support. Thank you.
- Josh Newman
Person
Thank you. Okay, let us now hear from witnesses in opposition. Do you have any lead witnesses in opposition? Please come forward. We'll find you space at the table here. And so, Mr. Spalding, if you could move, actually, Jeremiah's in charge. Which way are they going? Going this way. All right. Stage right. Stage left. Do you want, Ms. Dean, do you want to stay together? I don't know. Divide and conquer, I guess. Surround him from a pincer movement from the sides. Okay.
- Josh Newman
Person
All right. To the witnesses. So you each have combined six minutes across both. So please proceed.
- Colin Miller
Person
Good morning, I'm Colin Miller with the California Charter Schools Association in opposition. I'm going to be here for questions or for discussion, but I'm going to hand it off to our witnesses. Thank you.
- Josh Newman
Person
Thanks, Mr. Miller.
- Alfredo Rubalcava
Person
Good morning, Chair, Committee Members. I am Alfredo Rubalcava, Superintendent of Magnolia Public Schools, in opposition to Senate Bill 1380. Magnolia operates 10 charter public schools in Southern California. All of our schools are in high-need communities, and nearly 80% of our pupils are eligible for free and reduced price meals. Magnolia is currently growing and just received a highly competitive federal grant award to expand and replicate our proven and successful model.
- Alfredo Rubalcava
Person
SB 1380 unnecessarily expands the ability of school districts to deny new and expanding charter schools based on the district's sole evaluation of vaguely defined conditions. This Bill will also threaten the ability for schools to successfully replicate and expand on a regional level by limiting the countywide benefit option. If this Bill passes, these new constraints could result in the rejection of our expansion plans and our federal grant would be in jeopardy.
- Alfredo Rubalcava
Person
But most importantly, the families and students who deserve access to our quality program would be denied that opportunity. SB 1380 solves no problem. Current law is sufficient. Districts truly in fiscal crisis already can deny charter petitions solely on those grounds, and county boards must already determine that a countywide petition meets a need that cannot be met by a single charter.
- Alfredo Rubalcava
Person
Magnolia recently submitted a countywide charter petition, which includes more than five pages of rationale as to why the countywide petition was necessary and how it will meet a regional need. This requirement means that the petition already will be substantially different than our existing local approved charters. The vague terminology in this Bill will only create further disputes and lawsuits. SB 1380 would also require that each district opponent of a countywide petition receive the same amount of time as the single petitioner at the county board hearing.
- Alfredo Rubalcava
Person
This removes local board discretion and would stack the deck in favor of charter opponents at the public hearing. This Bill was crafted in response to specific regional politics with two school districts in Northern California, but it will have a sweeping statewide impact that will only further deny access to high quality education to students throughout the state. We ask you to reject SB 1380. Thank you.
- Josh Newman
Person
Thank you, sir. Next, please.
- Terrence Johnson
Person
It's on. Okay. Very good. Good morning, Committee Members. My name is Terrence Johnson of Caliber Public Schools, where our commitment to educational excellence is unwavering, particularly in serving underserved communities. Today, I stand before you with deep concern regarding Senate Bill 1380, a proposal that threatens to undermine the very foundation of educational opportunities in our community. Allow me to provide some context.
- Terrence Johnson
Person
In 2021, recognizing the pressing need and the overwhelming demand for a quality high school option in Vallejo Unified, we sought to expand our successful TK-8 program to include a high school. Sadly, Vallejo Unified is a district facing chronic challenges both academically and fiscally, denied our charter petition. Despite the positive analysis of our high school proposal, Vallejo Unified staff by the Vallejo Unified staff and overwhelmingly support from the community, our charter petition was rejected purely due to fiscal concerns because the district had received a state loan 20 years earlier. Despite no evidence of current fiscal crisis, the state board upheld the local decision, citing the current law. Now, Senate Bill 1380 looms before us, threatening to further exasperate the injustice of expanding the reasons and the timeless, unilateral charter denial for all school districts, even though those not in fiscal crisis.
- Terrence Johnson
Person
If passed, it would further limit educational options for families in Vallejo and throughout the state, perpetuating the cycle of limited choice and missed opportunities. It fails to acknowledge the dire consequences of such limitations, forcing families into agonizing dilemma. Settle for failing schools or uplift their lives and search for better alternatives. Senate Bill 1380 does not promote fiscal health. It will not improve fiscal and academic underperformance in Vallejo schools.
- Terrence Johnson
Person
But it will disregard the voices of our students, our parents, educators who are deeply invested in future education in our community. In conclusion, I urge you to prioritize the needs of our students and families and reject Senate Bill 1380. Thank you for your attention and consideration.
- Josh Newman
Person
Thank you for your testimony. Are there any in the Committee hearing like testify in opposition to the Bill? Please come forward. State your name, your organization, your position on the measure.
- Nicolle Young
Person
Thank you. Nicolle Young, Placer County Chapter Chair of Moms for Liberty as well as the Legislative Chair of for the California Moms for Liberty chapters. We are in strong opposition. Children should not be shackled to their failing public schools.
- Josh Newman
Person
Thank you.
- Margaret Arader
Person
Margaret Arader, longtime charter school parent, in opposition. Thank you.
- Ramona Bishop
Person
Good morning. I'm Dr. Ramona Bishop, former Superintendent of Vallejo City Unified School District, current visionary and CEO of Elite Public Schools serving Vallejo students.
- Josh Newman
Person
Thank you.
- Laura Kerr
Person
Laura Kerr with a Charter School Development Center in opposition.
- Josh Newman
Person
Thank you.
- Casey Taylor
Person
Casey Taylor, Achieved Charter Schools, opposition.
- Brian White
Person
Mr. Chairman, Brian White on behalf of Association of Personalized Learning and Schools and Services, respectfully in opposition.
- Josh Newman
Person
Thank you.
- Roxanne Villaseñor
Person
Roxanne Villaseñor, Superintendent of River Charter Schools, oppose SB 1380.
- Josh Newman
Person
Thank you.
- Krista Woodgrift
Person
Krista Woodgrift, Superintendent of Sage Oak Charter Schools, parent of students at Inland Leaders Charter Schools, in opposition.
- Josh Newman
Person
Thank you.
- Mary Cox
Person
Mary Cox, Superintendent of CORE Butte Charter School, in opposition.
- Matt Taylor
Person
Matt Taylor with Gateway Charter Schools, serving 6000 students in Yolo County and Sacramento County, in opposition.
- Josh Newman
Person
Thank you.
- Windi Eklund
Person
Hi, I'm Windi Eklund, Placentia resident and Suncoast Prep Charter School Leader, representing 1200 students in Orange County and surrounding counties, and we are opposed to 1380.
- Josh Newman
Person
Thank you. Next, please.
- Nikki Nicola
Person
Hi, my name is Nikki Nicola. I'm with Suncoast Charter as well, and in Orange County and I strongly oppose this Bill.
- Josh Newman
Person
Thank you.
- Jared Austin
Person
Good morning. Jared Austin, Kairos Public Schools Executive Director, Backfill, Solano County, in opposition.
- Josh Newman
Person
Thank you.
- Christine Ferris
Person
Christine Ferris, Superintendent of California Pacific Charter Schools, in opposition.
- Catelyn O'Haller
Person
Catelyn O'Haller and Heller, representing Dixon Montessori Charter School, in opposition.
- Josh Newman
Person
Thank you.
- Elizabeth Delconte
Person
Elizabeth DelConte, teacher representing California Pacific Charter School, in opposition.
- Josh Newman
Person
Thank you.
- Shannon Green
Person
Shannon Green, representing California Pacific Charter School in opposition.
- Josh Newman
Person
Thank you.
- Nick Driver
Person
Nick Driver, Superintendent, Griffin Technology Academies in Vallejo, Solano County, in opposition.
- Josh Newman
Person
Thank you.
- Sherry Segura
Person
Dr. Sherry Segura, and I'm representing the Foundation for Hispanic Education as the Superintendent in East San Jose, in opposition, respectfully.
- Beth Bourne
Person
Beth Bourne, Yolo County Moms for Liberty, opposition.
- Josh Newman
Person
Thank you.
- Mimi McMahon
Person
Mimi McMahon, retired teacher, in opposition.
- Josh Newman
Person
Thank you.
- Magaly Zagal
Person
Magaly Zagal with Greenberg Traurig on behalf of Aspire Public Schools, in opposition, thank you.
- Josh Newman
Person
Thank you.
- Kara Marquish
Person
Kara Marquish, Yolo County, in opposition.
- Charlotte Johnson
Person
Charlotte Johnson, fed up parent with public schools, in opposition.
- Josh Newman
Person
Thank you. Thank you to all the witnesses. Let's come back to the dais. Questions, comments, concerns from my colleagues? Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
I have a set of questions.
- Josh Newman
Person
Sure.
- Rosilicie Ochoa Bogh
Legislator
All right. So the first question that I've been, that I'm going to be posing is that we recently approved AB 1505 that allows districts in fiscal distress to deny charters without regard to the quality of schools in the district or the quality of the proposed charter. Vallejo used existing law to deny a charter because the district had a 20 year state loan and state oversight.
- Rosilicie Ochoa Bogh
Legislator
This Bill will give the district five more years after the loan is repaid to deny charters, even if the district is failing academically. So the question lies as to why are we extending that time frame in which they can deny charter schools? And lastly, let's see. So, current law also has specific criteria and an independent determination by the COE and the FCMAT to assess the fiscal impact of a proposed charter school on a district.
- Rosilicie Ochoa Bogh
Legislator
This Bill will allow any district to claim fiscal crisis to deny a charter if the district has enacted a necessary budget solution within the prior five years. This does not appear to be defined in the Bill, and presumably all districts enact budget solutions every single year. So the last question would be, who determines what the reasonable solutions would be and whether the district's unilateral determination is reasonable? There is no criteria to, there's no clear criteria and no appeal on this.
- Bill Dodd
Person
Well, let's start with the first question. Mr. Spalding, do you want to respond to that? The question was, it allows five years after, it allows five years after you've left receivership to be able to deny charter schools. And her concern is, why is that in the Bill?
- William Spalding
Person
So there's long standing issues in a lot of.
- Josh Newman
Person
I'm sorry, I don't think that mic's working. Yeah, we've been having some AV probs. There you go.
- William Spalding
Person
As I made, as I had said in my opening comments about kind of longstanding fiscal issues that have befallen the district, and a lot of it is pretty precipitous declining enrollment, which continues. This allows us some additional time to emerge from receivership. The other thing is it tracks with a five year process that's already in the law that has us follow a fiscal stability plan that's overseen by the county Superintendent.
- William Spalding
Person
And so while we're being basically held in probation, this tracks for the same period of time, which allows for us to be able to deny other kinds of things that might come in and exacerbate our fiscal situation. So we tried to find a five year track that was similar to the track of probation we're on once we exit receivership.
- Bill Dodd
Person
And the next question. Did you, are we tracking on that?
- Rosilicie Ochoa Bogh
Legislator
Yeah.
- Bill Dodd
Person
Do you care to repeat the question, because--
- Josh Newman
Person
Go ahead, Senator.
- Rosilicie Ochoa Bogh
Legislator
Oh, sure.
- Rosilicie Ochoa Bogh
Legislator
So who determines what the reasonable solutions are and whether the district unilateral determination is reasonable? There's no clear criteria and no appeal on this within the bill.
- Unidentified Speaker
Person
I'm sorry, could you repeat the question?
- Rosilicie Ochoa Bogh
Legislator
Absolutely, yes. So let me--would you like me to read the paragraph before? Absolutely. 'So current law has specific criteria and an independent determination by the COE and the FCMAT to assess the fiscal impact of a proposed charter on a district. This bill will allow any district to claim fiscal crisis, to deny a charter if the district has enacted a necessary budget solution within the prior five years. This does not appear to be defined in the bill, and presumably, all districts enact budget solutions every year.' Who determines what reasonable solutions are and whether the district's unilateral determination is reasonable? There's no clear criteria and no appeal of this.
- Unidentified Speaker
Person
So we start with the district itself, which actually knows what's happening on the ground. So--and those folks are elected for that purpose by the people in the community. So that would be my first answer. Secondly, as a county board member, I will tell you that we often hear whether there is a specific appeal process or not, and I'm not actually sure there isn't an appeal process, but whether there is a specific appeal process or not, we hear from--and the Superintendent--we and the Superintendent of Schools for the county hear concerns and address concerns throughout the process.
- Bill Dodd
Person
And so, Senator, through the Chair, I think that's a valid--I think it's a valid concern, and I think that the staff, Committee staff had mentioned to us in the staff analysis that this is an area that we can tighten up on, and that's something that we intend to do, and if this bill gets out today, you can be assured that that will be an area of strong consideration in terms of tightening that language up.
- Rosilicie Ochoa Bogh
Legislator
Okay. Thank you.
- Unidentified Speaker
Person
If I could add one thing further, the County Board often, you know, we have our own school system and we serve students directly, but also we serve as an appellate body on any number of issues, including expulsions, transfers, charter appeals. So it would be quite natural for us to participate in that.
- Rosilicie Ochoa Bogh
Legislator
Okay. And then one last question: the bill--actually, I have a lot of questions, but I want to just narrow it down here--the bill would deny a similar petition for being submitted as a countywide charter. If it had been denied locally, would this apply, even if a charter was denied wrongly by the local district and even overturned at the state? Wouldn't that reward bad behavior?
- Unidentified Speaker
Person
So in terms of a petition being denied wrongly at the district level, the appeal process remains in place. So, for example, in our county, we have received appeals of a district denial and actually approved that charter and then became the authorizer. And that's still in place. That doesn't change. But then, I think more particularly here is the idea that the exact same thing be brought on a countywide level.
- Unidentified Speaker
Person
Now, there's absolutely a place for countywide charters and countywide petitions, but the idea that you simply cut and paste--and honestly, I've seen that in my 16 years. I've seen other charters, charter applications that were used in some other jurisdiction just mimeographed almost. So that's what we avoid with this bill. Absolutely the pellet process is still in place and it's been successful in our county.
- Rosilicie Ochoa Bogh
Legislator
So let me just share my last comments. This is just personal. Sorry. I mean, completely support that our--that our schools need to be--our school districts need to be fiscally viable. It's paramount that that is the case, and as a former Member of the Budget One Committee for Education funding, I was an advocate to ensure that we had the funding going to our school districts to make sure that they were provided for.
- Rosilicie Ochoa Bogh
Legislator
But there is kind of a concern that I have that as perhaps declining enrollment, which we can all ask ourselves as to why there's variety, we've heard it all. You know, this is my fourth year on this Committee. Variety of reasons of why we're losing our children to our public school system.
- Rosilicie Ochoa Bogh
Legislator
And in light of perhaps that impact that it has in our school districts, along with, you know, the reports that many parents feel that we're not meeting the needs of our children academically, based on the data that's coming in as far as the reading levels, math, science, you know, in every--in the performance part of our schools.
- Rosilicie Ochoa Bogh
Legislator
As our public school districts have declining enrollment, as the performance levels are not meeting the standards that many parents believe that they should be performing at that certain level, you know, succeeding, I'm really hesitant to create a system that's going to make it more difficult for charter schools or for parents to have options that will meet the children's needs.
- Rosilicie Ochoa Bogh
Legislator
And so I'm nervous that because of those fiscal decisions or academic or fiscal decisions that a school district as a whole may have that may have jeopardized or is jeopardizing the fiscal viability that we are putting the weight of those choices and that performance on the ability for charter schools to be able to be in existence as an alternative for families and children.
- Rosilicie Ochoa Bogh
Legislator
And so this is where I'm having a really hard time with this bill is because I don't want to jeopardize what may be perceived or maybe the reality of systems that are failing our students and not have viable options as an alternative for kids. They should not be responsible for those particular reasons. So that's where I'm coming from as far as I'm grappling with this particular bill.
- Unidentified Speaker
Person
I'm happy to speak to that. I think--personally, I think that's a pretty broad statement about the bill, and, you know, I don't agree with a lot of--I hate to use this word because I'm very respectful of the circumstances we're in, but the sense of scare tactics that are being used about the bill. The bill actually--and from my view, as a practitioner, somebody who sits there and does this--the bill actually tightens up the process, and from my view, actually makes it more fair.
- Unidentified Speaker
Person
So I don't see this as a bill that's suddenly going to destroy charter schools in our state. In fact, it's a small tightening of a really good process that you all have put together that allows us to operate fairly. So there's a whole thing about fairness that hasn't really been brought up here. This is not the destruction of charter schools. This is making processes.
- Rosilicie Ochoa Bogh
Legislator
That's not the point that--I'm not stating that at all.
- Unidentified Speaker
Person
I'm sorry if I missed--
- Rosilicie Ochoa Bogh
Legislator
No, no. Not that it's destroying charters, it's just that it would make it difficult for them to be approved or in existence because of the decisions that the school district has made. So those decisions that are creating an environment where we're losing our students, perhaps, maybe one aspect of it, or the fiscal decisions that were made by a certain school district is, in my opinion, unfair to be putting that weight on the ability for charter schools to exist. And that is one concern that I have in general.
- Rosilicie Ochoa Bogh
Legislator
I am an advocate for public schools. I've been an advocate supporting, making sure that they have what they need, but by the same token, it's really disheartening to see that we have over and over policies that really infringe on the ability to have our public, our charter schools in place. And so I want to find a balance on that, not jeopardizing our public schools, but also--ensuring that they have the tools--but also ensuring that we have options for our parents.
- Josh Newman
Person
Thank you. Appreciate that. I want to give the opponents a chance to respond, and let me frame it just a little bit. One of the questions here is about the distinction between a local and a countywide charter, and sort of as a subset of that is whether or not that process has been used to subvert the otherwise normal proceedings with respect to the approval or denial of the charter school.
- Josh Newman
Person
So your thoughts on that or your response to that, but also on the broader question, like what should the difference between the countywide charter and a local charter as it relates to the situation that's the kind of catalyst for this bill?
- Tom Miller
Person
Yeah, I'd like to go back to the original question, though, which is about AB 1505 and when we initially agreed on a process to allow districts to consider fiscal impact. The important part of that was a very closely negotiated arrangement of how that would be impacted.
- Tom Miller
Person
And it did include a process that FCMAT and the county offices would weigh in on that, on some schools, and in some schools they would have the opportunity to deny a charter across the board with no discussion if they were in state receivership, but for other reasons, they would have to go to the County Board and to FCMAT to have an assessment that the charter actually would have a fiscal impact. We know that in Vallejo, charter schools didn't cause their fiscal crisis.
- Tom Miller
Person
That happened 20 years ago, right? They've had 20 years to recover from that. When this charter went before them, there was no evidence that the district was in any kind of financial crisis. They had a significant reserve in place. They had not been in a negative certification for over ten years. So even with that, the law is very clear that because they were in receivership, they could deny the charter. We think that's very generous.
- Tom Miller
Person
We don't see a reason why extra time is needed past that 20 years of state oversight and recovery from a state loan that now they would need another five years, and the opportunity to deny in any case, based on a simple fiscal solution, whatever that is. So this goes way far beyond that agreement that was carefully negotiated. And the same with countywide benefits.
- Tom Miller
Person
So with the countywide benefits situation, when 1505 was passed, one of the trade-offs that was in that bill was the elimination of a statewide benefit option, which had been in law for many years. And in eliminating that, there was an acknowledgement that the countywide benefit would be somewhat of an alternative. And that opportunity was already in current law as well. But it was very important to maintain that as a viable option.
- Josh Newman
Person
But Mr. Miller, if you could, I mean, to this question of substantially similar and whether or not in these instances, as opposed to from scratch, you know, there is justification in the case sort of cited for the countywide charter in light of the original denial.
- Tom Miller
Person
Yes, in this case--in the case that this is being triggered by, the countywide charter is substantially different than the one that was denied. They've added a different technology program into the petition. They're reshaping their program to be a regional, countywide program, which by definition and by requirements of the law, the petitioner has to show how and why this meets a countywide benefit that couldn't be met by a local charter. That's very clear in the law.
- Tom Miller
Person
So Alfredo--just, they're going through that process right now, and he's not up here, but I'll try to speak for him. They submitted their petition for a countywide benefit recently under this expansion. The Magnolia Schools submitted the petition for a countywide benefit charter recently as part of this expansion grant that they got from the federal DOE, and in that they had over ten, 12 pages of justification as why the countywide benefit was different and why it needed to be approved as opposed to individual charters.
- Tom Miller
Person
That's a requirement of the law right now. So by adding this additional requirements, substantially different, undefined, you're just simply throwing more mud into that dialogue of what it means. The county approval is very different from a local approval in that for a countywide benefit, the county can deny a charter for any reason they find reasonable. They can do anything. There's no appeal for a countywide benefit.
- Tom Miller
Person
It is definitely--it's clearly the option of the county to choose to approve that charter based on what they need in their county. So there's really the opportunity to deny is not based on the same criteria as a district. It's a very flexible option for counties, and they have a lot of discretion in that process.
- Josh Newman
Person
Thank you. So it seems to me that one of the issues with this bill is we appear to be talking about two very different things. On the one hand, we have, on sort of the author's side, you know, the assertion that there's a problem with the process that's sort of easily addressed through the provisions of this bill. And I appreciate, Senator Dodd, I mean, your willingness to continue working with staff on sort of clarification or rendering objective some of the distinctions.
- Josh Newman
Person
But on the other side, it seems that, you know, the assertion here is that, you know, this is at a systemic level, kind of an existential threat to the continued success of charter schools, and so, I guess, if you wouldn't mind, Mr. Miller, speak to that, right, because that really does seem to be the subtext of this discussion.
- Tom Miller
Person
Yeah, I mean, there are things in the bill that definitely have a significant statewide impact, and we talked about, for instance, the impact on growing schools. With respect to the author, the bill is very clear. The law is very clear that when a charter school grows, they add a grade level or they change to a larger site. They have to go back to the district, and this fiscal impact criteria applies. So this affects growing schools as well as new schools.
- Tom Miller
Person
As far as I know, we don't have enough great schools in California. We have a problem that we need to deal, and charters are part of that solution. Rather than fighting with charters and opposing them and denying them, these districts that are not serving students very well should be reaching out and learning from those experiences and try to figure out what's working best. We have an opportunity through chartering to really provide some good practices and some good experience, and in many places, that cooperation is happening for a statewide impact and community-wide impact. Creating more tension between charters and districts is not the right solution.
- Josh Newman
Person
I appreciate that. And I will point out, I mean, that really is the essence of the charter school experiment in California. Senator Dodd, if you'd like to close, please. I'm sorry. Senator Wilk, did not see your hand.
- Scott Wilk
Person
That's cause I didn't put my hand up. I sent it to you telepathically, something I've been working on.
- Josh Newman
Person
Yeah, well, we gotta work on it.
- Scott Wilk
Person
If Elon Musk can do it, I can do it, because I'm pro-charter school, and frankly, you are, too, but the assault on charter schools has just been brutal. And I was very disappointed when the association caved on 1505. Bad bill. Voted no on it. You probably had no choice, considering the people who sit in the seats in this Legislature, but I do have a problem with this substantially different. I mean, that's not codified at all.
- Scott Wilk
Person
And so anybody could just come up with their own thing and say, that trouble--there's bad actors on both sides. I think one of the reasons for 1505 was a charter school in my district, and I saw what kind of havoc they wreaked. But I've also seen school districts turn down fabulous charters. So I'm really--and I apologize. I wasn't here for the beginning. As you know, we have multiple Committee hearings, so wanted to throw out to both sides about this substantially different, and how does that get determined if it's not in statute? And then I reserve the right for follow-up questions.
- Tom Miller
Person
Well, from our perspective, the current law already addresses that. The requirements to be a countywide benefit charter are already substantially different than what a local charter is, and the law specifically says that you have to justify why and the County Board must approve findings that show why this is different than a local charter.
- Scott Wilk
Person
Okay. So what's the difference between current law and what's in this bill?
- Tom Miller
Person
Well, this bill then throws in this other prohibition if it's not substantially similar, or if it's substantially different then--if it's not substantially different--
- Scott Wilk
Person
But you just said it's already in the law, though.
- Tom Miller
Person
It is. And so now we're creating a different--we're creating another layer that when law is perfectly clear, this vague term is going to muddy the waters and just make all kinds of confusion and lawsuits, and you're going to see districts, you know, going to counties and filing lawsuits like there are now because the county did something they didn't like. And you know, this is just going to give more fuel for that fire.
- Scott Wilk
Person
All right. Thank you, Mr. Miller. I'm assuming you want to weigh in, right?
- Carlos Machado
Person
Yes. Thank you, Senator, and you know, we're willing to work with--oh, sorry. Carlos Machado with--
- Josh Newman
Person
Everybody knows Mr. Machado.
- Scott Wilk
Person
Well I don't.
- Josh Newman
Person
Who are you with again, because--
- Carlos Machado
Person
The California School Board Association. So substantially similar was added to the bill in attempt to address situations where a district has denied a petition and the petitioners have then either not willing to go through the appeal process all the way through or trying to get a second bite of the apple and just going straight to the county as a countywide charter.
- Carlos Machado
Person
So substantially similar is a way for us to try to address those types of situations in lieu of being able to define more clearly what a countywide charter is because right now, in statute, in essence, the definition is anything that isn't a district-approved charter school. So the line isn't that clear. So we thought this would be a good way to be able to address that.
- Carlos Machado
Person
And the way that that's addressed is by allowing the county to have the ability to differentiate between those two types of petitions. And as our author noted, we are ready and willing to have conversations with charter advocates to see if there's a way to craft that language to more specifically target the instances that we're talking about when it's the same school site or a similar school site, and where the two petitions are targeting the same student population.
- Carlos Machado
Person
So those are key elements that we've seen in the situations that have come up in Napa and in San Benito where they have really focused on it. There's a lot of elements to a petition that are very similar, whether it's a petition in Southern California or Northern California. We're not trying to capture those as part of being substantially similar, but just the key elements that do make them substantially similar like the ones I just mentioned.
- Tom Miller
Person
Just an added note on that, we are concerned that that provision could have unintended consequences where charters would be forced to either go to what could be a very unfriendly district or go to the county, and if they didn't have the choice to do both, they would just bypass the local. And so you're really removing the local from that dialogue when you force that--you force one path or the other. So, a problem with that.
- Carlos Machado
Person
I would just add they're not supposed to be interchangeable. Those two authorizing processes are not interchangeable as they're written in statute. Our provisions do try to preserve what's in statute by making them distinct, both a district-authorizing process and a countywide authorizing process.
- Josh Newman
Person
And I will add, I think, as Committees pointed out--and Senator Dodd, you and your staff had conversations--that still, that definition still needs work, right? You know, still needs clarity. Anything else?
- Scott Wilk
Person
Yeah. So where does it--again because I was at another Committee hearing. Where does this go next?
- Josh Newman
Person
It goes to Appropriations next.
- Scott Wilk
Person
So do we--so I heard willingness to continue to negotiate. So do we have time to allow those parts?
- Josh Newman
Person
Well, we're not going to do that from the dais here.
- Scott Wilk
Person
No, not from the--of course not from the dais. That's what I'm, asking about--
- Josh Newman
Person
We have ample time, right? You know, so there's ample time.
- Josh Newman
Person
Yeah.
- Scott Wilk
Person
I'd like to be supportive, I just--I can't. I just can't. I can't get there. I can't get there today. And I--but I want to be supportive, so I'm just on that as a possible alternative.
- Scott Wilk
Person
Yeah.
- Josh Newman
Person
What's the--exactly--
- Scott Wilk
Person
I don't know. The gentleman from the school board just said, and there's been--
- Josh Newman
Person
And that will happen. I think we have a commitment from Senator Dodd to, you know, to work deliberately to make that happen. Not uncommon, right? Okay. Anything else, Senator Dodd?
- Scott Wilk
Person
Yeah. So here's my problem, because I've been here 12 years now, so I know how it works. If we let it out of this Committee, it's going to fly. So our only possible opportunity to have a real discussion on this is in--
- Josh Newman
Person
Well, I mean, on the one hand, I think I take in earnest the author's commitment to work on this, and, you know, I think--
- Scott Wilk
Person
I trust the author. I don't trust the process.
- Josh Newman
Person
You don't trust the institution. I appreciate that. I'm sure there are many in this room who would agree with you. But, you know, I think last year we had a bill about the disposition of charter assets. You know, there was an ongoing conversation throughout the legislative year to try and find a workable solution. I think, you know, the commitment here is to do something similar. Is that correct, Senator Dodd?
- Josh Newman
Person
Yeah. So without any further comment from Senator Wilk, you're welcome to close.
- Bill Dodd
Person
Yes.
- Bill Dodd
Person
Yes. I was going to say in my close that all, you know, the arguments that I've heard are red herrings. Upon further review and listening here today, I don't really think that's true. I think there's an honest--in most cases--dispute on the intent of the language. I will say that having even talked to a numerous people from local charter schools about--first of all, I've talked to numerous charter schools over this time or since we've had it.
- Bill Dodd
Person
Let me tell you, I've never been involved really with bills in this Committee like this. I don't like the charter versus public schools debate any more than anybody in this room maybe does or on the dais, but when I saw what was at stake here, and I look at this like I said in my opening, this is like legislative overview of existing language, and we don't have enough legislative oversight on bills that have already passed from best practices.
- Bill Dodd
Person
So we're seeing what best practices are in the district, and the best practices in the district from the legislation that we have here are not working well. This is an opportunity to make them work better. So the extra five years that we've heard about, that's a problem after exiting receivership. I've never heard that before this hearing today. I don't understand why somebody didn't come up and offer an amendment. No amendments were offered in that area.
- Bill Dodd
Person
The impact on current charters, we made it clear to anybody that's talked to me, I do not want to impact current charters, current successful charters. You heard the opposition today. A lot of great charters; particularly in this District Three, I do not want to impact. But have we had one amendment proposed to us about how we could do that in this bill? None. Finally, you know, the similar arguments, is it substantially similar or different between a charter--excuse me--the local and the county charter.
- Bill Dodd
Person
I think that kind of makes sense to me, too, but not once have we had any offer of any amendments that could make that provision any more clear. So I'm saying when you have opposition that just doesn't want a bill and says no and hell no, it's very hard to work in that environment. So I would invite the opposition. I've been known in my ten years in the Legislature.
- Bill Dodd
Person
I work with opposition on every single bill that I have, and I keep my word to my colleagues on the dais. This is my last year and I do not intend to change my position on that. I will work and work hard to try to make this the best bill that we can have, not only for charter schools, but for public schools, but moreover, for the State of California and the importance of this policy going forward. So I respectfully ask for your aye vote.
- Josh Newman
Person
I appreciate for that. Thank you. So we do not yet have a quorum, but we will bring this matter to a vote at such time as we do. Thank you to everybody for your participation on this measure. Thank you, Mr. Miller.
- Josh Newman
Person
Want to do a Bill? Want to do a Bill? Yeah, let's do it. Let's do it. All right, next up, again, sans quorum, we have Senator Wilk SB. SB 996. I would note you've left the dais. You can't get your readers. You have to do this. You have to do this in memory. All right, sir, you are presenting 6.
- Scott Wilk
Person
Thank you, Mister Chairman and Member. And let's talk about sex. Way more interesting topic than charters. Anyway. SB 996 is a simple transparency measure for school districts to be required to publish their sexual education materials on their website and inform parents how to access those at a publicly noticed meeting. Under current law, sex ed curriculum materials are required to be provided for review upon request, but school educators and administrators are already overworked, underfunded, and there are no timeline requirements currently in the law.
- Scott Wilk
Person
Effectively, the process is to obtain these materials oftentimes becomes excessively difficult. Posting sex ed materials on the district website simplifies the issue for both parents and school districts. Schools would only have to post curriculum online, occasionally update it, and refer parents to the site when necessary. Parents would simply have to look up the materials and request their child to be opted out, which is the current law, if they believe that the if that was the appropriate decision for their child.
- Scott Wilk
Person
Simplifying the process for both sides is important because this issue can quickly and drastically become very heated, and I think it's the highest priority of a parent to educate their children in the way that they want. Schools have a responsibility to make their best judgment regarding what constitutes age appropriate sex ed materials. On the other side, parents should be able to review materials that districts have determined are age appropriate for their children without having to request them so they can make the appropriate choice.
- Scott Wilk
Person
AB 996 removes all barriers to transparency while significantly decreasing administrative responsibilities of schools. Both sides want to provide the students with the best possible education. SB 996 eliminates a significant distraction that has for far too long stood in the way of this goal's realization. Respectfully, ask for an aye vote.
- Josh Newman
Person
Thank you. Do you have a lead witness?
- Scott Wilk
Person
I chose not to have a lead witness.
- Josh Newman
Person
Chose to okay you? Yes, Miss Friday. Welcome.
- Scott Wilk
Person
I would. I'm happy to have me toos. Don't want to have a lead witness.
- Josh Newman
Person
All right, me, too. With some allowance for color.
- Scott Wilk
Person
Well, your chair. I'll defer to you.
- Josh Newman
Person
No, I'm deferring to the author. We don't have a quorum anyway. Actually, I think it is fair. So I'm sorry. So, Miss Friday, you have three minutes. Please proceed and we will stipulate that you are speaking on your own behalf and not on behalf of the authors.
- Erin Friday
Person
These are my words. Erin Friday, licensed California attorney, co lead of our duty. So there's not a week that doesn't go by that I don't get an email or a phone call from a parent asking to get access to the sex materials that are being taught to their schools. Not a week. And these parents are being untruthfully told that the material is not available to them because it's copyrighted, which is not actually the law.
- Erin Friday
Person
These parents then submit requests for records and they are again denied the curriculum, which they are required by law to provide. Then the school districts ask these parents to come in physically into the district's office to review the materials and they lock down the various hours that the parent is allowed to look at it. And they also stand over them. I personally experienced that myself where someone sat in the room and watched as I read through the sex ed curriculum. So this Bill is really needed.
- Erin Friday
Person
And it's a very, very simple Bill, and it will. I mean, why are we hiding this from parents? I don't understand. When parents have an ability to opt out or opt in, they need to know what they're opting in or opting out to. So thank you very much.
- Scott Wilk
Person
That was outstanding testimony. I will tell you this was driven.
- Josh Newman
Person
Thank you.
- Josh Newman
Person
We still have a process. Right?
- Scott Wilk
Person
Okay, whatever.
- Josh Newman
Person
Hold that thought.
- Josh Newman
Person
Go ahead. Witnesses in support. Me too. Witnesses, please come forward. Station your name minutes. No, I think that was sufficient.
- Unidentified Speaker
Person
Concerned mother, believe it or not, with the hair of a 6th grader. And yes, I very much support this Bill.
- Josh Newman
Person
Thank you. Next please.
- Unidentified Speaker
Person
Placer county chapter chair, moms for liberty. I represent over 1200 parents in the Placer County area. We support this Bill.
- Josh Newman
Person
Thank you. Next please.
- Charlotte Johnson
Person
Charlotte Johnson, a parent asking what's to hide?
- Josh Newman
Person
Thank you. Next please.
- Unidentified Speaker
Person
Good morning, Mister Chairman. Senator Wilk. On behalf of Perk Advocacy, we are here on support. Thank you.
- Cynthia Cravens
Person
Cynthia Cravens, longtime Democrat, former candidate for California State Senate, district 11. And I'm very much in support of this Bill.
- Josh Newman
Person
Thank you. Next please. You're free to bring the mic back down at normal people's height after.
- Mimi McMann
Person
Mimi McMan, retired teacher and very concerned grandparent about the what is being hidden from parents and grandchildren.
- Josh Newman
Person
Thank you.
- Beth Borne
Person
Beth Borne, moms for Liberty, Yolo County. I'm one of the parents who did submit a public records request for the sex ed at my child's school and was told it was copyrighted and that I couldn't have access.
- Josh Newman
Person
Thank you.
- Arwen Funk
Person
My name is Arwen Funk. I'm another fed up parent who was told I could not access these materials. I'm in favor of this legislation.
- Josh Newman
Person
Thank you.
- Mike Murray
Person
Mike Murray, representing the American council in support of this Bill. Thank you.
- Carole Marquis
Person
Carole Marquis, Yolo County Moms for Liberty. I strongly support this Bill.
- Josh Newman
Person
Thank you.
- Dalia Shehita
Person
Dalia Shehita. I'm a proud coptic orthodox from our church. I support this Bill.
- Josh Newman
Person
Thank you. Are there any witnesses here in opposition to this measure? Please come forward. And you have the. Okay, you have the opportunity for three minutes of testimony as well. All right. We're having mic issues. Welcome. Thank you. Okay.
- Diana Vu
Person
Good morning, Committee chair and Members, Diana Vu, on behalf of the Association of California School Administrators and our more than 17,000 Members, acts as a proponent of transparency and believes parents and guardians of students attending schools should have the ability to access comprehensive sexual health education and HIV prevention education materials. As such, current law Education Code Section 51938 already requires the local education agencies to notify parents and guardians of their rights to inspect written and audio visual materials.
- Diana Vu
Person
In addition, parents and guardians also have the right to opt their child out of any or all parts of these particular health education subjects. SB 996 moves beyond transparency for parents and guardians of students and provides outside groups a pathway to influence local curriculum. In recent years, leas across the state have increasingly found themselves targeted by external groups seeking to impose their ideological agendas on local schools.
- Diana Vu
Person
These groups often use tactics ranging from aggressive lobbying and misinformation campaigns to legal threats and coordinated harassment of educators, administrators, and school board Members. Their goal is to exert influence over curriculum decisions, teacher training programs, and other aspects of education policy to align with their narrow interests, often at the expense of academic rigor, diversity, and inclusivity.
- Diana Vu
Person
This external pressure has created toxic, divisive atmosphere within our schools, undermining the ability of educators and administrators to focus on their primary mission, providing a high quality education to all students. Instead of fostering a collaborative environment where diverse perspectives are respected and valued, these outside forces cultivate discord, feeling contentious debates, and eroding trust within communities.
- Diana Vu
Person
In addition, these external entities subvert the authority of elected school boards and undermine the voices of parents, educators, and stakeholders who have had substantial involvement in the adoption of instructional materials per education code Section 6002. For these reasons, we respectfully request your no vote on this Bill.
- Josh Newman
Person
Thank you. Any other witnesses here in the hearing room would like testify in opposition to the measure.
- Molly Robson
Person
Molly Robeson with Planned Parenthood affiliates of California apologies for the late submission of our letter, but we are respectfully opposed.
- Josh Newman
Person
Thank you, Miss Robson. Anybody else? Okay, let us come back to the dais. Senator Ochoa Bogh, any questions? Comments for the author?
- Rosilicie Ochoa Bogh
Legislator
I've seen this Bill a couple of times since I've been here. You know, it's interesting because I completely agree that they have a right to everything that you said as far as opting out and inspecting the materials. But the problem lies in the fact that many of these parents were hearing reports across the state where they're being denied the opportunity to, despite the fact that we may have parents that may be a little overzealous.
- Rosilicie Ochoa Bogh
Legislator
Of course, as a Latina mom, I get why some parents would feel angry. And I think I just want to, for the record, just discuss a little bit of, when we look at anger, and I'm saying this everywhere in my district, and my poor staff is probably sick of hearing it, but the root of all anger is fear. And we have to ask as to why. You know, some parents have so much fear on what is going on.
- Rosilicie Ochoa Bogh
Legislator
So I respect the fact that they are, but we are looking at the fact that there are reports across the state where parents are being denied the opportunity to view them or making it very difficult for them. So as a state Legislature, we have to kind of look and ask ourselves, how do we make this a more transparent process in which it can be readily accessible for parents to review? And I don't know how we, I don't know how we can, haven't looked into them.
- Rosilicie Ochoa Bogh
Legislator
That's probably something that we might want to look into. But the whole notion of the copyrighted discussion, I haven't looked into that. But we do have to make the, the public school system a little bit more transparent, more parent friendly, because we're losing the trust of californian families and they're either leaving the state or pulling their kids out. And when we look at the declining enrollment in our schools, we have to ask, well, why is that happening?
- Rosilicie Ochoa Bogh
Legislator
And start addressing those issues, because it is a detriment to our public school system as a whole. So how do we make our public school system better functioning, more transparent, more, you know, build a trust by Californians so that we can move forward. So that's, I think, what we're seeing and we're trying to mitigate with this particular Bill. So I'm grateful to support the Bill. We'll be happy to move it when the appropriate time is here.
- Josh Newman
Person
Thank you. If you wouldn't mind. I'm sure you wanted to respond anyway, but to this, to the assertion around copyrighted materials and the use.
- Scott Wilk
Person
Yeah, I don't know anything about that.
- Josh Newman
Person
And that you don't know anything about that.
- Scott Wilk
Person
I'm going to defer to my new attorney.
- Scott Wilk
Person
Okay. All right. Your pro Bono attorney. Okay. Miss Friday.
- Erin Friday
Person
Yeah. So all books, every book that a child is reading at school, their textbook has a copyright. That doesn't mean that parents aren't allowed to look at those books.
- Josh Newman
Person
Well, I think the issue starting up is the posting of those materials on a public website.
- Erin Friday
Person
Copyright goes to whether the person who is reviewing it is then reusing it for financial gain. So if a parent is just looking at it and reading it, they are not violating any copyright.
- Josh Newman
Person
Right. The question is, is the district violating a copyright by making it publicly accessible? But Senator Wilk, that's really not your goal. Your goal is simply to make parents apprised of materials that have access to materials.
- Scott Wilk
Person
I've had anecdotally parents come to me and say that the schools would not access it. I can't remember what platform we posted on that we were doing this Bill, and my DM's or private message or whatever was just filled with parents saying, this is a frustration. Now, when I. So a couple things. So when I had kids in school, I was known as Mister Vanessa Wilk because she was PTA President for three years. And I served on the site council.
- Scott Wilk
Person
But I know back then how rumors and gossip would spread. I got to believe it's even worse now. I think this Bill does two things. One, it empowers parents to be able to look at the information to see if it is, in fact, age appropriate for their child. And two, I think it's going to actually reduce the heat and just reduce the heat, and it's going to save administrators a ton of time with dealing if people are trying to stir it up again.
- Scott Wilk
Person
Prior iterations of this Bill was required parents to opt in. We're not doing this. You would have to opt out. It'd probably be single digits, is my guess. But a parent has a right to make that decision, and I'm not doing this because I'm approved. My wife for about seven years, was part of a nonprofit that taught HIV education in the schools. In fact, we'd be at the mall or at a supermarket and kids would go, hey, there's the sex lady. So I'm married to the sex lady.
- Josh Newman
Person
So I'm definitely, I think they were saying sexy lady.
- Scott Wilk
Person
No, the sexy lady.
- Scott Wilk
Person
So I'm definitely, I'm definitely not approved. But this is, this for me stems from the. I can't remember the Bill number. It was the Corey Jackson Bill last year, 1078. Yeah. And I'm sitting on the back of the floor and we're like all talking over each other instead of having real dialogue. I think this is really simple. I mean, if you're against this, I feel like you got something to hide because you just put it there. You legally have access. You legally have access to it. It's there and then.
- Josh Newman
Person
Sex lady.
- Josh Newman
Person
All right, Miss, I have to give you a chance to respond.
- Diana Vu
Person
Thank you, Senator. Again, we do not oppose transparency. We've absolutely fully supported it. It sounds like the issue is with copyright because when it comes to public posting, it does go public. And as we've seen in our educational environment, it goes beyond the community nowadays.
- Josh Newman
Person
So I appreciate that. And I want to get some clarification from Senator Wilk. So you are not, as I understand, advocating or committed to posting these materials in total on the website. You're simply, as I understand it, you want to give parents an opportunity on a publicly accessible website, a chance to see exactly what's being presented. Is that correct? Yeah. Yeah. Okay. So you're sort of mindful of that copyright problem. That's the goal, is not simply to repost.
- Scott Wilk
Person
My attorney just informed us there is no copyright. There may be other attorneys, but people. Are not using it to turn a profit. There's no infringement.
- Josh Newman
Person
Because I want to be clear about what you have in mind here. So is it going to have a publicly noticed meeting where parents are going to be informed about just so they can be informed, so they can inspect the materials? But does that inspection include access to the whole of the book or simply an accounting or listing of these are the materials? Because people could then go somewhere else.
- Josh Newman
Person
Or I think there's a scenario for a school portal that's probably password protected that provides some level of protection on a copyright basis? Is that what you're considering? Do you want to post these materials on the web so everybody can read them from cover to cover? Yeah, you do? All right. Well, there may in fact be copyright issues.
- Erin Friday
Person
If I may. Here's the problem with the copyright argument. First of all, the public is paying for these materials already in their taxes. So these entities that create these curriculum are paid, I don't know, $30,000 for the curricula if it is put on the website and the parent is just reading it and they are not reusing it. There is no copyright infringement if another third party comes in and looks at, let's say, health connect's curricula and then steals from it.
- Erin Friday
Person
Well, then there can be a lawsuit. For copyright and there's an easy solution there.
- Scott Wilk
Person
So there is a solution.
- Josh Newman
Person
You hold it, sir.
- Scott Wilk
Person
And it is in the Bill. If there's a copyright issue, the LEA would set up a portal for parents to go in to access it.
- Josh Newman
Person
I just mentioned that. But there's sort of two types of material, right? There's curricula that's developed and sold kind of on a contract basis. And then there's books. Right. And so they're different. So on the curriculum side, you can easily build into that licensing agreement or that service agreement with the curriculum provider that they would understand that these materials would, in fact be available. Right. So that would be part of the deal.
- Josh Newman
Person
But from the point of view of an author or publisher that has, I think, a justifiable fear of cannibalizing their sales, you have to be mindful of that. Right. And this is about actually a book that's all about your body kind of thing. Yeah. Not your body per se. Body.
- Scott Wilk
Person
You don't want my body.
- Josh Newman
Person
Okay, so, but, you know, speak to that because, I mean, because that's, that is a, you know, that's a valid concern.
- Scott Wilk
Person
We've been discussing this issue for a decade now, and this is the first time this has ever come up.
- Josh Newman
Person
Well, I wasn't sure. Yeah. So, but, all right. But are you open to narrowing and clarifying?
- Scott Wilk
Person
I'm open to anything that creates greater transparency so parents can be informed. And I'd love to have the whole bite of the apple, but if I only get a part of it, I, you know, I'm in the super minority.
- Josh Newman
Person
I'm happy just with an emphasis on Miss Vu. Would that come closer to sort of meeting your concerns around copyright? I mean, all we're really talking about is sort of extended transparency, then.
- Diana Vu
Person
I mean, we'd be happy to focus on the copyright piece as long as. But we do have issues with the public posting of it.
- Josh Newman
Person
Okay, so clarify in what sense?
- Diana Vu
Person
In what sense? Because it just brings out further contention. We believe, we believe that the law already provides this information to parents. And if what I'm hearing is that Leas do not believe that they can provide this information to parents because it's copyrighted.
- Josh Newman
Person
No, no, no. I'm sorry to interrupt. They could simply, they could provide on a publicly accessible website, links to all of this in a screenshot of the cover for instance. Right. With no damage to a copyright. Right. No liability. But, you know, so that's. That is something closer.
- Josh Newman
Person
I'm totally open to that.
- Josh Newman
Person
Yeah.
- Diana Vu
Person
Can I get back to you on that? We'd have to...
- Josh Newman
Person
I think it's a given, right? It's a given. So the question to Senator Wilk prior to your close is, are you open to continue working on this to address some of those haven't heard.
- Scott Wilk
Person
This is the first time I'm hearing from them, but happy to sit down and discuss.
- Josh Newman
Person
Okay. You do seem happy. Okay. Senator Ochoa Bogh, anything else?
- Rosilicie Ochoa Bogh
Legislator
No, I just wanted to ensure that the. I think we already discussed the possibility of having a portal if the.
- Scott Wilk
Person
That's in the Bill.
- Rosilicie Ochoa Bogh
Legislator
That's in the Bill. And I just wanted to highlight the fact that it's already in the Bill. I appreciate it in that aspect.
- Josh Newman
Person
That's in the Bill.
- Scott Wilk
Person
Yep.
- Josh Newman
Person
All right. So with your commitment to continue working on this in ways that satisfy some of the concerns, but while allowing additional transparency, feel free to close again.
- Scott Wilk
Person
This is all about transparency. And as Senator Ochoa Bogh said, building trust. I don't know about you. I don't trust anybody anymore.
- Josh Newman
Person
Wow.
- Scott Wilk
Person
I don't trust government because I'm in it. I don't trust it. I don't trust the media. And schools should be a safe place where there is trust and education going on. Parents have an important role to play in that, and they should be partners and not enemies. And I just think having transparency and allowing parents to make the decision for what's age appropriate for their child just is common sense and good governance. And with that, I respectfully ask for your. I vote.
- Josh Newman
Person
Okay. Thank you. Thank you to both you. And with that, we are seeking another author. I guess I could do one of. One of mine, I think I appreciate. I'm gonna do a non controversial Bill, and I'm gonna give the gavel to my colleague.
- Josh Newman
Person
Madam Chair?
- Rosilicie Ochoa Bogh
Legislator
Yes, sorry. Welcome, Senator Newman. You are here to present SB 1080.
- Josh Newman
Person
We're going to do the less conversational one. So, Members, thank you for the opportunity to present SB 1080, which would require school sites to offer culturally appropriate halal or kosher food options at any school site where a significant portion of the student body adheres to such practices. In recent years, and especially in response to the intense need illuminated by the pandemic, California has made substantial progress in addressing food insecurity and barriers to nutrition in its schools.
- Josh Newman
Person
In 2021, as you know, California became the first state in the nation to permanently provide free school meals to all k through 12 students, irrespective of household income, and we should be very proud of that achievement. Unfortunately for students whose creeds entail the observance of certain food preparation practices, California's current School Meals For All program does not include provisions for halal or kosher food in their existing meal plans.
- Josh Newman
Person
As a consequence, though, every student is now technically eligible to receive a free school lunch regardless of family income, students who have specific dietary restrictions still find themselves left out of the program. SB 1080 will ensure that these students can meet their religious dietary needs by requiring qualified California school sites to offer appropriate school meal options consistent with their cultural practices.
- Josh Newman
Person
Under its provisions, any school site where the student population includes a share of 5% or more of students who observe either halal or kosher dietary practices would be required to offer meals consistent with those practices. And so doing, SB 1080 will improve nutrition, reduce stigma, promote cultural understanding and appreciation, and generally build a more tolerant environment that breaks down stereotypes and prejudices.
- Josh Newman
Person
SB 1080, which would be the first statewide, culturally appropriate school nutrition program of its kind in the country, offering halal and kosher meals will allow all students to participate in school meal programs and allow every student, regardless of religion or dietary restrictions, to fully engage in school and feel fully valued and included in their communities. With me to testify are Rabbi Evan Rubin, the president of the Sacramento Board of Rabbis from the Kenesset Israel Torah Center. I'm looking for a rabbi.
- Josh Newman
Person
Do we have a rabbi in the house? Rabbi, welcome. We might. We might. And also with us is Rosa Haidari, a student from Laguna Creek High School in Elk Grove, who is Muslim, and Keith Salal. Welcome. So glad you're here. I'm respectfully asking for your aye vote today.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator Newman and, Rabbi Rubin, would you like to begin? Please state your name one more time.
- Evan Rubin
Person
Rabbi Evan Rubin, president of the Sacramento Board of Rabbis. Good morning, Senator, Madam Chair, other Committee Members. As someone who, through part of my school career, was a public school student and now currently having a daughter in San Juan Unified, I feel particularly qualified to speak on the subject. It's complicated, although complication we've lived with for all our lives, to not be able to receive school lunch because it doesn't fit our dietary needs.
- Evan Rubin
Person
It's particularly refreshing and exciting to have been contacted by Senator Newman's office that this is a goal in K-12 schools, appreciating the fact that not all of the schools in this area would rise to the 5% that is required in the bill.
- Evan Rubin
Person
I accept the fact that you have to have some sort of of critical mass in order to make the bill viable, but nonetheless, having the ability to not have to work either the night before or early in the morning to prepare lunch and having something that is available to be eaten on site is a tremendous advantage. Creates less stress in the home and less economic stress in the home as to not have to provide lunches for our children on a daily basis. So with all that in mind, I respectfully request your aye vote.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Rabbi Rubin. Welcome, Ms. Haidari.
- Rosa Haidari
Person
Thank you, Chair, Vice Chair and Members. My name is Rosa Haidari. I'm a student and the president of the Afghan Student Association and the vice president of the Muslim Student Association at Laguna Creek High School. As a student that eats only halal foods, SB 1080 is extremely crucial and important. Personally, there have been various times where at school I had to skip out on eating lunch because by the time I got to the lunch line, everything that I could eat was out.
- Rosa Haidari
Person
Thus, offering halal foods is significant to ensure respect for the dietary needs for Muslim students. It creates an environment where all students feel valued, but also promotes and celebrates their religious diversity in our schools here in California, fostering a sense of belonging and equality. Additionally, providing halal food options encourages healthy eating habits and accommodates students needs, contributing to their overall well being and academic success.
- Rosa Haidari
Person
By providing halal options, school demonstrate respect for students' religious beliefs and ensure that they can practice their faith while participating in school activities, thus upholding their principles of the religious freedom outlined in the First Amendment. I request the Committee's just vote and thank you for the opportunity to testify.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much for being here and testifying. Now we will proceed with any other witnesses in support of 1080. This is the me too. Your name and organization, your support.
- Sam Nasher
Person
Good morning. Sam Nasher on behalf of the Los Angeles County Office of Education in support.
- Gabby Davidson
Person
Good morning. Gabby Davidson with the California Association of Food Banks in support.
- Rosilicie Ochoa Bogh
Legislator
All right. Do we have any other witnesses? Support? Seeing none. We're now going to proceed with witnesses in opposition to this bill. No lead opposition? Any witnesses in opposition in the room? The me too. Seeing none. We'll bring it back to the dais. Any comments or questions?
- Scott Wilk
Person
Just happy to move the bill. Someday we'll have one when appropriate. Thank the Senator for bringing the bill forward.
- Rosilicie Ochoa Bogh
Legislator
Thank you. I did note that. And, Senator Newman, would you like to close?
- Josh Newman
Person
Yes. So thank you to my two witnesses. Thank you for your patience. But, Ms. Haidari, well done. It is encouraging to see a young person come and advocate to your government. I'm glad to have brought this bill. We should be very proud of offering school lunches to all students, but the emphasis should be on all. And so there are a substantial number of students in California schools who practice either halal or kosher dietary practices. They should be included.
- Josh Newman
Person
We've endeavored to create a threshold at 5% that we think, to the rabbi's point, constitutes critical mass. There are some challenges around this. We're glad to keep working on it, but I think the goal is eminently desirable. I look forward to working with everybody to get that done, and I respectfully ask for an aye vote today.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator Newman. And we'll place that bill on hold for until we have a quorum. Thank you.
- Josh Newman
Person
Very good. Thank you.
- Rosilicie Ochoa Bogh
Legislator
I guess I'll just present safe. zero, does he want to? Yeah, he has to do that. Okay. Do we have any other authors in the room that we're not seeing? Okay, I guess you better go again. Okay. So which one? Number nine. So, welcome again, Senator Newman. You're presenting SB 1171.
- Josh Newman
Person
And thank you again, Madam Chair. And again, apologies to everybody here today that we don't have a quorum or sort of a better pathway to getting this done in a productive way. But having said that, I'm glad to present the SB 1171, which would afford Cambridge University's advanced academic curriculum, the same standing in the California education code as other internationally recognized providers of advanced academic programs for k 12 schools.
- Josh Newman
Person
Cambridge is a globally recognized, world renowned college preparation provider, providing a comprehensive and adaptable k 12 educational framework known as the Cambridge Pathway for schools employing it. The Cambridge pathway begins in the early grades, and as you move into middle and high school, students receive lessons in critical thinking, practical skills, and a mastery of knowledge in over 50 subject areas.
- Josh Newman
Person
Colleges and universities around the world have acknowledged that students who matriculate after taking Cambridge programs in high school are exceptionally well prepared for making the transition from high school to college and for the rigors of college coursework and for succeeding in college and beyond. The Cambridge International system is highly regarded both across the United States and globally, and in those jurisdictions participating students receive recognition, placement, or credit for as or a level exams.
- Josh Newman
Person
The Cambridge International program has been implemented in five California school districts, two of which are in my Senate district, Fullerton Joint Union High School District, Montebello Unified School District, Englewood Unified School District, Placentia Yoruba Linda Unified School District and Canyon Elementary School district as California school District. As districts in California that participate in Cambridge continue to expand, there is an understandable interest in affording it the same recognition and credit that two similar programs which do.
- Josh Newman
Person
Those are the advanced Placement or AP program, about which most of us are familiar, and the International Baccalaureate program as well. However, though California's higher education institutions have widely acknowledged the effectiveness of the Cambridge International system in preparing students for post secondary studies, the program does not currently enjoy the same incentives or statutory recognition California as the AP and IB programs. This discrepancy places schools and students who have embraced this demanding and rewarding education program at a disadvantage.
- Josh Newman
Person
SB 1171 addresses this shortcoming and adds the Cambridge program to the relevant sections of California's ED Code, which specifically reference advanced Placement and International Baccalaureate, thereby extending the benefits of this rigorous and proven curriculum to the schools which currently offer it, as well as to others who might also benefit from it. Moving forward.
- Josh Newman
Person
Nothing in this Bill will inhibit or discourage schools from working with other providers in this space, nor will it have any impact on the admission or credit policies of the state's colleges or universities. With me to testify are Steve Mclaughlin, Superintendent of the Fullerton Joint Union High School District, and will minster, principal at Troy High School in Fullerton. And in addition, we have Sherry reach here to answer any technical questions on the Cambridge assessment process. I am respectfully asking for an I vote today.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator Newman, and welcome to our witnesses, Mister Brocklitz, Mister Mclaughlin, and Mister minister.
- Steve McLaughlin
Person
I'll go ahead and start. Good morning. Thank you, Senator Newman. Madam Chair, my name is Steve Mclaughlin, proud Superintendent, Fullerton Joint Union High School District in support of this legislation. Just a point of reference, Fullerton Joint Union High School District has 13,000 students approximately serving the cities of La Habra, Fullerton, Buena Park and Fullerton, Buena Park, Lahabra, and a small slice of Los Angeles. We also have four feeder districts with approximately 33,000 pre K eight students that will feed into our district.
- Steve McLaughlin
Person
Overall, our philosophy in our district for decades has been to seek out innovative programs to expand offerings for all of our students. We have expansive CTE ROP, we have local and state award winning VAPA programs and access to the most rigorous courses available. And so five years ago, when Doctor Minster and his team at Troy High School brought Cambridge to our district, we felt it was a natural extension of our overall district vision.
- Steve McLaughlin
Person
This provides a unique, distinct pathway under Doctor Minster's leadership has been successfully implemented at Troy High School and we're getting ready to graduate our first group of Cambridge students this year. So very excited about that. We believe this will codify the work that we are currently doing. And we see this as an opportunity throughout the state as districts look to advance options for students and provide the most rigorous curriculum available.
- Steve McLaughlin
Person
To provide an opportunity for them to learn and grow both locally throughout the state and then internationally and globally. Thank you for your time.
- Rosilicie Ochoa Bogh
Legislator
Thank you Mister Mclaughlin. Mister.
- Unidentified Speaker
Person
Thank you Madam Chair. Thank you Senator Newman. Thank you for this opportunity. Troy High School is a comprehensive high school with a magnet program that serves about 70% of the students. You don't have to be in a magnet program though to take the either AP or the Cambridge or IB.
- Unidentified Speaker
Person
We have over 2500 students, almost 2600 students that come from about 125 different middle schools from four different counties, San Bernardino, Riverside, Orange and La. And we have at our school right now 39% free and reduced lunch or socially economically disadvantaged, about 4.5% El English learners and special education, about 6.8%. We are a well known, highly decorated school. We have numerous distinguished school awards, most recent in 2021 national blue ribbon. We're often ranked in the top schools in state, in the nation.
- Unidentified Speaker
Person
I think we're like number 28 in the nation right now on one of the ranking entities. Number two in California, also number 28 in California, depending on another ranking entity. But we're a strong school academically. We offer a lot of opportunities for students to be engaged. We have had AP at our school from the get go. When the school began back in the 1960s, we brought in IB in 1986. Along the same time we brought in Troy Tech.
- Unidentified Speaker
Person
And then five years ago we learned of Cambridge. When we saw on the common app something called Ace, we didn't know what it was, so we did some research and we linked it and understood it was Cambridge. And then we saw the a levels and we knew what a levels were. And many in our community know what a levels are. Also parents who've been through that system in other countries. And so we researched it. We saw that it was a good fit for us.
- Unidentified Speaker
Person
It gave our students additional opportunities, and so we brought it in with our first year of actually teaching it in 2021. And so that was year one. We got to 2122. That was the first year any students tested as sophomores. And then every year, the number of kids testing has gone up.
- Unidentified Speaker
Person
And so what we have right now across these three different high level programs that do receive college credit and are another means of students being able to identify what they know beyond just a letter grade. This year, we're going to give an advanced placement. We have 1452 students taking 3774 tests. International baccalaureate, we have 70 students taking 212 tests. And in Cambridge, and as and A level exams, we have 169 students taking 306 tests.
- Unidentified Speaker
Person
We will have, in terms of international diplomas, 38 international Baccalaureate diploma graduates. This is our first opportunity this year with the seniors. In Cambridge, we have 40 ace diploma graduates. So it's a tremendous opportunity for our students. It serves all students. Again, with an AP, 15% of the students are free and reduced lunch. With an IB, about 11% are free and reduced lunch. And with Cambridge, 10% are free reduced lunch. So it's something. That's a tremendous opportunity.
- Unidentified Speaker
Person
It's another thing that they can put on their college applications, and in their transcripts, it says they are. Are ready for college. They are ready to be for the next level, for college and career. So, again, thank you for your support.
- Rosilicie Ochoa Bogh
Legislator
Thank you. You're right about. I mean, to close. Thank you so much for your testimonies. Now, we're going to continue with any witnesses in support of 1171 here in room 2100.
- Kevin Gordon
Person
Madam Chair Members Kevin Gordon and I'm representing the Montebello Unified School District as well as the Inglewood school district. Both in support of the Bill. Both have programs running and very, very excited about the accessibility, both culturally and linguistically, to higher advanced academic programs that this offers. So we urge your support of the Bill. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Any other witnesses in support? Here in room 2100.
- Erin Friday
Person
Erin Friday, attorney and I support.
- Rosilicie Ochoa Bogh
Legislator
Thank you. We have one more.
- Unidentified Speaker
Person
Retired teacher who's concerned that California is 48th in the nation. I'm in support.
- Carole Marquis
Person
Carole Marquis, Yolo County. I am in support.
- Rosilicie Ochoa Bogh
Legislator
Thank you. All right, seeing no other witnesses in support, we'll now continue with any lead. Witnesses in opposition to SB 1171. Having none, we'll now continue to any other. Me, toos. In opposition to SB 1171, here are room 2100.
- Rosilicie Ochoa Bogh
Legislator
Seeing none, we'll bring it back to the top. Yes. Guess there's nothing here I'm in support of the Bill. Thank you for the opportunities. I respect options and choices, and for students, as we know, we're all very unique, unique interest, and I think the more options that we have, I think overall, it benefits our students and our workforce, our future workforce. So in full support, thank you for being here today. And, Senator Newman, would you like to close?
- Josh Newman
Person
Yes. Thank you. Thank you to both of my witnesses. Let me brag on behalf of one of my high schools. Troy High School is, the principal was modest, not to mention it's one of the most decorated high schools in the country for academic excellence. And so I think in Principal Minster and the district, that's a good validator for the quality of this program. I want to put on the record, though, that this obviously is in addition to the existing two programs that are generally recognized.
- Josh Newman
Person
We are working deliberately with both of them, especially with the college board, to make sure that we align these programs in a way that doesn't disadvantage anybody and will continue to do so. But this is, to the points many have made, this is a wonderful program. This is Cambridge University's program. Very rigorous, proven, and will make an excellent addition to California's high school curriculum. I especially asked for an I vote.
- Rosilicie Ochoa Bogh
Legislator
Thank you. So we'll place the Bill on hold for the other Members to arrive. Thank you very much for being here today. It.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator Newman. And you are here to present SB 1263.
- Josh Newman
Person
1263. I'm reminded I'm from a small town in upstate New York, Poughkeepsie, New York, and apparently the band, the Police, when they first went on tour, played a whole tour, and they came to my town and nobody showed up. They didn't know what they were missing. This feels a little like that. So I am pleased to have the opportunity to present SB 1263, which would eliminate the existing requirement for teacher candidates in California to undergo a formal teacher performance assessment, also referred to as a TPA.
- Josh Newman
Person
Currently, as a condition being awarded a preliminary teaching credential, all teacher candidates in California are required to fulfill a series of requirements. These include subject matter proficiency, teacher preparation course requirements, reading instruction competencies, 600 hours of clinical practice, and the successful completion of a teacher performance assessment. On top of all those other requirements, and against all of the other stresses which aspiring teachers are forced to navigate in this very expensive, very complicated state, the TPA has become both unduly onerous and essentially redundant.
- Josh Newman
Person
Moreover, the demands it places upon teaching candidates have the net impact of detracting on applying the concepts and skills of teacher preparation coursework done in real classrooms and overseen, excuse me, by mentor teachers during supervised clinical practice. Despite its well intentioned purpose, the demands associated with preparing for the TPA have actually had the perverse impact of reducing the overall quality of teacher preparation by undermining the capacity of teacher candidates to focus on what's most important, which is their clinical practice.
- Josh Newman
Person
Despite all of the good intentions behind it, the TPA may in fact be disproportionately discouraging teachers of color and thereby contributing to the recent trend of continued reduction in diversity within the teaching profession in California. Recent studies have shown that aspiring teachers of color perceive the current teacher performance assessment system as racially biased and feel that its demands pose a major barrier to completing the credentials and entering the teaching profession.
- Josh Newman
Person
It's by now well known that California has an ongoing teacher shortage that it needs to develop plans to address. For the 2023-24 school year, counties reported that nearly 25,000 teachers were needed to fill new or vacated positions.
- Josh Newman
Person
The 2022 to 2023 Commission on Teacher Credentialing report to the Legislature notes that the number of new credentials issued were the lowest in the history of that report, one of many clear indications that the current educator pipeline is insufficient to meet forecasted demand for teachers, especially against the aging of the current educated workforce and the steep rise in attrition which we saw in the wake of the pandemic.
- Josh Newman
Person
In light of those facts, and considering the broader challenges associated with expanding and improving California's educated workforce, particularly with respect to diversity, the discontinuance of the TPA as provided for by SB 1263 makes good sense. This would be a change that would be more than offset by a renewed emphasis on the value of clinical practice. Such a change will ultimately support the growth of a better prepared, more diverse teaching workforce.
- Josh Newman
Person
Here with me to testify in support of SB 1263 is Dr. Mandy Redfern from the California Teachers Association and Dr. Nick Henning from the California Faculty Association. I am respectfully asking for your aye vote today.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator. Welcome. Please state your name and the organization you're presenting and proceed when you're ready.
- Mandy Redfern
Person
Good morning. Mandy Redfern, and I am in support of this bill. My name is Dr. Mandy Redfern, and I am the elected chair of CTA's Credentials and Professional Development State Council Committee. Over the past 20 years, the TPA, or the Teacher Performance Assessment, has evolved into a high stakes, time consuming, costly barrier for aspiring teachers. The current iteration of the TPA has been proven to be ineffective at preparing educators for the realities of the classroom.
- Mandy Redfern
Person
The CTC's data shows that TPAs disproportionately harm aspiring BIPOC educators, creating an unnecessary barrier to a more diverse educator workforce and I'd like to draw your attention to an example from the CARE ED CFA letter that looks at that data from the CTC from 2018 to 2023.
- Mandy Redfern
Person
The ED TPA the average pass rate for all candidates is 74.72%, while the average pass rate for black candidates is 59.63% and then respectively, in the Cal TPA, the average pass rate for black test takers was 66% compared to 77% of an overall pass rate. The CTC's annual teacher supply report from 22-23 released last week and the data here is concerning. The fewest number of credential candidates were issued in over 25 years. There is also an 11.7% decrease of new candidates entering into credential programs.
- Mandy Redfern
Person
CTA survey of more than 1,200 current educators who passed the TPA found that 78% of teachers surveyed said the TPA did not prepare them to meet students' needs, 81% believe the TPA should be eliminated, and 89% responded that the TPA had a negative impact on their personal lives. And here's one such example. This person said the TPA caused so much additional stress and anxiety that I had to reconsider whether or not I truly wanted to pursue the profession.
- Mandy Redfern
Person
It drove away my passion for education and I eventually had to seek mental health care. In less than two weeks, 1,500 passionate educators have sent letters calling for an end to the TPA. CTA fully supports the high quality program standards and the revised teaching performance expectations that SB 488 brought to the profession. These standards effectively improve teacher preparation through coursework, clinical practice.
- Mandy Redfern
Person
CTA is committed to working with the CTC to ensure all teacher performance expectations, including the literacy TPEs, are effectively measured through credential programs and the induction program. TPAs unnecessarily harm our teacher candidates our state should be focused on supporting candidates with learning activities embedded in their teacher preparation programs that unequivocally benefit their development of the expertise they need to meet the needs of California students. Thank you very much for your time.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Dr. Redfern.
- Nick Henning
Person
Hi. So, my name is Dr. Nick Henning, and I'm a professor of secondary education at Cal State Fullerton. I'm here to speak on behalf of both the California Faculty Association's Teacher Education Caucus, of which I am a tri-chair, and CARE ED, which is a collaborative of scholars who collect research on topics like these, in support of SB 1263, which, as you know, would eliminate the requirement for teaching candidates in California to undergo a teacher performance assessment, or TPA.
- Nick Henning
Person
I am also here to speak on behalf of my students, past, present, and future, who I promised I would share their stories as well as mine. I've been a university based teacher educator in California for 23 years at UCLA, Claremont Graduate University, and Cal State Fullerton for the last 15 years. And for almost all that time, I have been involved in the implementation and scoring of multiple forms of TPAs that have been offered by California for hundreds of candidates.
- Nick Henning
Person
From the beginning, when it was just a pilot and unconsequential, not inconsequential, non-consequential. Until now, in its official and high stakes form. Today, the research is clearer than ever. High stakes TPAs do not improve education for k-12 students or for their teachers. Instead, they widen longstanding inequities, place unnecessary and demoralizing burdens on teacher candidates and those that support and train them, and unnecessarily duplicate both informal and formal assessments or an official part of an accredited teacher preparation programs.
- Nick Henning
Person
My own experiences in scholarship confirm this. Now, you may ask, if we don't have the TPAs, what's going to happen? Well, California already has very rigorous standards called the Teacher Performance Expectations. It's different from TPA. They're called TPEs. Just to clarify that.
- Nick Henning
Person
Now, inclusive of the new literacy TPE, which is our 7th set of TPEs, which all programs at this moment, including my own, are responding to and implementing in their programs, if not right now, for sure by next year when it's required, and also has a thorough and demanding accreditation process that evaluates whether a program's candidates are meeting those standards. As part of that process, credentialing requires an extensive continuous assessment of candidates.
- Nick Henning
Person
Ending the TPA mandate does not mean that our classrooms will suddenly be flooded with untrained, incapable, novice teachers. To become a teacher in California, candidates must complete an unpaid, post baccalaureate program of study, including a minimum of 600 hours of student teaching, with daily observations by mentor teachers and regular observations by university supervisors. Courses that they take must document how they address the TPEs, and during student teaching, candidates are formally evaluated multiple times regarding these TPEs.
- Nick Henning
Person
Professors, like me, supervisors, and credentialed mentors are all involved in evaluating candidates. A TPA is simply unnecessary. So please end the mandated use of TPAs in California's teacher education programs. Support our institutions in developing and implementing their own more holistic assessments, and please reaffirm California's commitment to entrust in high standards and a rigorous accreditation process. Thank you for your time.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. So we want to thank both of our witnesses for being here today. We'll now open it up to any witnesses in support of SB 1263 in room 2100.
- Steve Trimble
Person
Steve Trimble, Val Verde Teachers Association, speaking in support of this proposition, this bill.
- Renee Pena
Person
Renee Pena, Merced City School District, special educator, in support.
- Renata Sanchez
Person
Renata Sanchez, nationally board certified teacher, teacher mentor, and TPA scorer, in support.
- Jennifer Lafferty
Person
Jennifer Lafferty, first grade teacher in Fremont Unified School District in support.
- Yolanda Munoz
Person
Hi. Yolanda Munoz in support, Pasadena Unified third grade teacher and mentor lead induction teacher.
- Joanne Johnson
Person
Joanne Johnson, Glendora Unified virtual educator, in support of the bill. I'm also a mentor teacher.
- Lenora Gerber
Person
Lenora Gerber, third grade teacher, Salida Union School District, in support.
- Erin Githens
Person
Erin Githens, Orange County teacher of fifth grade, recent TPA taker, in support
- Adrienne Miotti
Person
Adrienne Miotti, Irvine Unified teacher, recent TPA taker in support.
- Elizabeth Phillips
Person
Elizabeth Phillips, Merced United High School District, high school art teacher and recent TPA Taker.
- Mitch Steiger
Person
Morning. Mitch Steiger with CFT, also in support.
- Magaly Zagal
Person
Good morning. Magaly Zagal on behalf of the California Charter Schools Association, in support.
- Kimberly Rosenberger
Person
Kimberly Rosenberger, with Service Employees International Union in support.
- Xong Lor
Person
Xong Lor with the California School Employees Association in support.
- Sam Nasher
Person
Sam Nasher with the Los Angeles County Office of Education in support.
- Laura Bolling
Person
Laura Bolling, Riverside Unified School District second grade teacher, in support.
- Miska Pearson
Person
Miska Pearson, transitional kindergarten teacher, Elk Grove Unified School District, current mentor teacher in support.
- Monique Barrett
Person
Monique Barrett, San Diego Education Association, special education teacher in support.
- Barrett Snider
Person
Good morning. Barrett Snider, Small School Districts Association in support, thanks.
- Teresa Montano
Person
Good morning. Teresa Montano, professor, Cal State Northridge, California Faculty Association, and board member for LACO, in support.
- Stephen Filling
Person
Good morning. Stephen Filling, professor at Stanislaus State in support.
- Errol Garnett
Person
Errol Garnett, high school math teacher, Alvord Unified, Riverside in support.
- Bryan Ha
Person
Good morning. Bryan Ha with the California Faculty Association. We're proud co-sponsors. Thank you.
- Jonathan Howard
Person
Madam Chair and Members, Jonathan Howard with the California Commission on Teacher Credentialing. Commission is meeting later this week and this item will be a topic on our agenda. While the Commission has not taken a position on the bill, the chair and Executive Director have sent a letter expressing their concerns with the bill.
- Jonathan Howard
Person
In its current state, TPA is an essential tool for ensuring teacher candidates are prepared to enter the classroom and the only measure of a candidate's ability to teach real students in a real classroom prior to earning a credential. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. Seeing no other witnesses in support of SB 1263, we will now continue to with our witnesses in opposition to SB 1263. And we have Mr. Brian Rivas, senior director from Education Trust West.
- Brian Rivas
Person
Thank you, Madam Chair and Members. I'm Brian Rivas, speaking on behalf of the Education Trust West, respectfully in opposition to the Senator's bill. Wanted to share a couple of things. I think we agree that we need to be examining the requirements to become a teacher and earn a credential. Appreciate the Senator lifting up the need to diversify the educator workforce.
- Brian Rivas
Person
We support the governor's proposal to remove the basic skills requirement because we looked at the research and we found that the research didn't conclude that there was a value add to teacher effectiveness by making credential candidates complete that requirement. Where we disagree is in our interpretation of what the research tells us about teaching performance assessments. We concluded when we reviewed the research that teaching performance assessments are the best available measure of teacher preparedness and whether or not a candidate is prepared to enter a classroom.
- Brian Rivas
Person
We think, and I think your Committee analysis alludes to this, that the research shows that there's, at the very least, an association between improved student achievement and passing the teaching performance assessment. I think your analysis says that there's a slight connection. We think it's stronger than that. And then finally, we think the teaching performance assessment is needed because we know that credential require or credential programs can vary in quality.
- Brian Rivas
Person
The teaching performance assessment gives us a common standard to measure how well those programs are preparing teacher candidates. Lastly, I would say on balance, we're concerned about what happens to low income students of color if you remove the teaching performance assessment. These students are already taught disproportionately by new novice teachers. We think that this is going to exacerbate the challenges that those students are facing in accessing a fully prepared, properly assigned teacher. So for those reasons.
- Brian Rivas
Person
And then lastly, sorry, I forgot to mention the CTC adjusted scoring to relax the scoring requirements. So now that if a candidate is within one standard error of the passing score, the credential program can look at other evidence that would indicate that a candidate is prepared to enter the classroom. We think reforms like that may be a preferred approach to relaxing the requirement, modifying it, but we disagree with removing it entirely. So for those reasons, we're opposed.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much for your testimony, Mr. Rivas. Would you like an opportunity to respond?
- Josh Newman
Person
I think are there any other opposition?
- Rosilicie Ochoa Bogh
Legislator
Oh, I'm sorry, yes. Do we have any witnesses in opposition here in 12, in room 1263? I'm sorry, in room 2100 for Bill SB 1263 in opposition. Sorry.
- Josh Newman
Person
Glad we did it. Okay, so you asked me to respond. I'd ask my witnesses also to tune in. So I will say the test. The question is, is the test necessary? I think the consensus is that it's in fact redundant. But more importantly, the degree to which the test is either encouraging or discouraging prospective teachers from making their way through the process.
- Josh Newman
Person
I think it's very clear that it is not only discouraging those teachers who are in the process of becoming educators, it probably is also true that it's discouraging people who otherwise might consider it, who watch what their friends and peers go through. And I think that's important. I will say there are multiple measures that we use currently to bring teachers along the continuum toward proficiency. We can improve those measures.
- Josh Newman
Person
I think there is a consensus that we need to, but removing the TPA will actually allow us to do that smartly while ensuring that there's no impediment getting in the way of precisely the kinds of young people that we want to enter the profession, most specifically diversity, so that they are reflective of the students that they are teaching.
- Josh Newman
Person
There's a ton of research that shows that a BIPOC student with a BIPOC teacher is far more likely to succeed than some other scenario, and I would ask my witnesses to comment briefly on that.
- Nick Henning
Person
Yes, thanks for the opportunity, and I think I do, I appreciate the sentiment behind what Mr. Rivas is saying, and Trust West are saying they've always been concerned about the experiences of all students and especially in low income communities and communities of color.
- Nick Henning
Person
But I think that they're wrong on this and they're wrong on this because there is some, I did look at the opposition letter, and there is some mention that there is research showing that CALTPA, EDTPA pact, the different forms of TPA that we utilize in this state are some guaranteer of teacher quality. We actually don't have that research.
- Nick Henning
Person
So one of the things that always surprised me about this debate about teacher performance assessment is that those who are in support of it in a continuing another decade say that, well, it guaranteers teacher quality, and we actually don't have that research. So that for me first is a very difficult thing to argue against because that research doesn't exist. I've been studying this issue for more than a decade. I've done my own research.
- Nick Henning
Person
I've published numerous articles on my own experiences and teacher educators' experiences and sort of looking at that existing research. And so that doesn't exist. So that, just leaving that aside, I think it also is interesting to think about the CTC's response and saying that we are willing to lower, we were willing to let someone go through who has a lower score than passing on TPA if we use other evidence. So then we have to ask the question, what is that other evidence?
- Nick Henning
Person
It's not evidence submitted to the CTC. It's evidence submitted to us as teacher educators. We've already evaluated, observed, taught these teacher candidates. They've set, they've been in front of students, they've had full, almost full responsibility for the teaching of young people for a semester, if not longer. Right. That's the evidence that they're going to look at and they're going to ask us.
- Nick Henning
Person
So I guess what we're asking for is that California follows the example of five other states like us, including Georgia and Wisconsin, and trust teacher education. We are under intense accreditation by the state and the CTC. It is very thorough. We follow all the different guidelines, we do everything. And then at the end of it, our students have this high stakes test.
- Nick Henning
Person
What it actually does, the research actually is really strong on this point, is that what actually happens is the quality of teacher education is actually degraded because of the TPA. We all know this phenomena of teaching to the test, right?
- Nick Henning
Person
And this is something that enters into the debates about all high stakes tests, is that eventually, if a test is the only way that a school is rated and in this case, the only way that a candidate can become a teacher, we know as teacher educators that we have to be responsible for that. So we begin to craft and shape our programs to make sure that they can play the game.
- Nick Henning
Person
Because in my experience of doing this for 20 years, is it's a game in the end. It's a game. If someone could just pass the TPA, and that's the best guaranteed teacher quality, well, then just have them do the test first and not do the 600 plus hours of actually being in front of young people in an unpaid capacity. Just go to that end point.
- Nick Henning
Person
But we don't because we know that that actual work with young people and being evaluated and directed and taught by people who are credentialed, people who are interested in their welfare, actually is the best guarantee. So those are a couple issues that I would draw attention to on that.
- Rosilicie Ochoa Bogh
Legislator
Thank you.
- Mandy Redfern
Person
I think I would just add, if possible, if you're not aware, the TPA actually takes approximately 100 hours or more for a candidate to complete. And during that time, it's detracting from their actual work in practical classrooms. And in addition to that, the feedback that they are given by their university professors or their mentors while they're doing those 600 hours or more of practicum experience, they are getting immediate feedback, and so they're able to make changes to their practices immediately and become more effective.
- Mandy Redfern
Person
The feedback from the TPA can take months before they get that feedback, and it's typically minimal at best. And so enabled to inform practice, we know the best practice is to have immediate feedback, which is what we're getting from these programs, from our credential programs, which are accredited, and from our intern or our mentor programs when they go into induction.
- Rosilicie Ochoa Bogh
Legislator
Well, thank you very much. So I guess we'll bring it back to the dais. Do we have any questions, comments? To the dais.
- Josh Newman
Person
Do we have a quorum?
- Scott Wilk
Person
Yeah, we do have a quorum, so maybe we should do that. Yeah. I actually appreciated this. I learned a lot today, and I'm now switching my position. So good job.
- Josh Newman
Person
The benefits of attending a hearing. Nice to hear. Thank you all for being here.
- Josh Newman
Person
I get it. And said, for the record, Senator Wilk has been here throughout.
- Scott Wilk
Person
For the record.
- Rosilicie Ochoa Bogh
Legislator
Yes. Well, let's establish a quorum. Yeah, let's establish a quorum.
- Committee Secretary
Person
[Roll Call]
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. And we have a quorum. We have established a quorum. So now, any other comments or questions by our community members? I do have a question. As far as has there been. I'm surprised that we don't have the data yet to try to figure out why that is the case.
- Rosilicie Ochoa Bogh
Legislator
But just out of curiosity, have we taken any data that shows us as to why we have deficiencies in our black and brown populations in able to pass successfully or score higher in these exams as a whole?
- Nick Henning
Person
So that's a really interesting question. It was actually, that was a question asked by a staff member, and it was a really good question in that this idea of why in these types of assessments, racial disproportionality, sort of failure. Right. Or lower rates of passing, we actually, there's probably 10 different, 10 different theories for exactly why that is.
- Nick Henning
Person
But one of the things that we talked about with the staff members, we actually said we actually had two teachers of color that were part of our lobbying group, that were there as part of our team, and they actually talked about their relationships with their students, students that look like them, students that were seeking mentors, seeing themselves as having certain cultural understandings that they felt were really helpful to them as a teacher.
- Nick Henning
Person
And so actually, the way that we answered it was to say, there's actually a couple answers. One is to actually think about what is the incredible benefit that educators of color bring to a classroom where they have students that look like them? And I know that doesn't answer your question because there are 10 different answers, and there's not really a definite research based answer to that. And I know that's what you're looking for.
- Nick Henning
Person
But I think one of the things we want to think about is this goes again to the validity and reliability of a test like the TPA, which is that if we are a standardized test, if we are something that has reliability and validity, that we shouldn't have these racially disproportionate scores. We shouldn't. That is an ultimate test that regardless. Right, folks that are taking this, we should not have the predictability that we do in terms of that.
- Nick Henning
Person
So as we look through all the different things that we ask teachers to do in terms of standardized tests throughout this process, we're going to see that pattern. We are going to see that pattern, and we don't really know why, but we know that exists. And that questions that assessment, does that make sense?
- Rosilicie Ochoa Bogh
Legislator
I just recommend that we do look at the system as to why that is, because I think it's befitting to make sure that we have a system that actually, you know, allows everyone to perform at the same level.
- Nick Henning
Person
Agreed. Agreed, Senator. Agreed.
- Rosilicie Ochoa Bogh
Legislator
I would encourage somebody to do the research.
- Josh Newman
Person
I think we have someone from the CTC who'd like to speak. Please.
- Mary Sandy
Person
Thank you, Members of the Committee. Mary Vixie Sandy. I'm the executive director, Commission on Teacher Credentialing, and I have some of the data from our most recent report. And there are disparities on first attempt across multiple different groups, but ultimately, we have had more than 50,000 people in the last five years passed this assessment, for African American, 73% 1st time pass rates, 95% ultimate pass rates, which is right within the norm. An average for the whole population of teachers who've taken it.
- Mary Sandy
Person
So that's on the Cal TPA. Very similar results from the ED TPA. There's a recent or a pending report coming out from the Learning Policy Institute which I wish was published already today. I've shared a preliminary copy with your staff, but what it looks at is the relationship between preparation and pass rates and the ways in which preparation supports the pass rates of candidates across the board. And I'd just like to read one of their key findings for you, with your permission.
- Mary Sandy
Person
Pass rates do vary across preparation programs. Across the 263 preparation programs that they studied in California, nearly two-thirds or more than 90% of their tested candidates pass the TPA and 23% of all their candidates, and had 23% of all of their candidates pass the TPA. In contrast, 35 programs, or 13%, had passing rates under 80%, including 14 programs that passed with below 67%. What this data suggests and informs is that there's variation across preparation.
- Mary Sandy
Person
We have more than 80 institutions in this state that we accredit, and hundreds of different preparation pathways, and many, many, many faculty, graduate students and others who are supervising student teachers in practice. While I support the quality and the intention of our faculty to do really well at this, and our programs to do really well at this, the TPA gives us a look at how everybody and how every program is doing this.
- Mary Sandy
Person
The other key part of this finding from the Learning Policy Institute is while there were disparities in pass rates by candidate race and ethnicity among the lowest performing programs, among programs with passing rates above 90%, there were no statistically significant differences in pass rates by race and ethnicity. So a key ingredient to ensuring that we have equitable preparation is that we have well prepared teachers who are prepared to do and perform well on the TPA.
- Mary Sandy
Person
And one last thing is that the tasks included in performance assessments are the very tasks that candidates are expected to complete during student teaching and clinical practice. The fact that there's redundancy is a good news because that's what they're supposed to be doing. What the performance assessment gives us is the opportunity to look at that across programs and across the state and get the kinds of insights that we have. So thank you for giving me an opportunity to assist with that question.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much. Yeah, I think they're being, well, concerned. I'm supportive of the bill. I'll be supporting the bill today. But two things. Oh, any other comments from. No. Okay. So just really quick. It's interesting, you know, when we designed the TPA and we passed legislation here, which all of you folks were supportive of, and you said, this is what we need, we pass it in, you know, in 2021, the question lies as to, well, who designed it in the first place?
- Rosilicie Ochoa Bogh
Legislator
And, you know, was it not tested because they understand. I was under the impression that there had been a pilot program first, and then it was placed into law in 2021, which is only three years ago. Three years ago. Two years ago, the TPA.
- Nick Henning
Person
The TPA in general?
- Josh Newman
Person
The TPA may have been modified, but it should have been in place for much longer than that.
- Nick Henning
Person
Over 20 years.
- Rosilicie Ochoa Bogh
Legislator
Okay, so, no, in 20. I'm sorry. Let me rephrase that.
- Josh Newman
Person
If you wouldn't mind. Just to clarify some clarification from the CTC.
- Mary Sandy
Person
I'm happy to help with this. So this was initially. The performance assessment was initially placed in statute in 1998 and was piloted for many years. It became a requirement for a credential in 2008. It's been significantly modified almost every year that we have implemented it for 20 years. It is based in a continuous improvement model. It's developed by faculty and practitioners working in partnership together and working towards improvement.
- Mary Sandy
Person
The literacy performance assessment, however, as a replacement for the RICA, was passed in 2021 as part of Senate Bill 488, and that required that we eliminate the standardized Reading Instruction Competence Assessment, RICA, and replace it with a performance assessment that would be embedded in TPAs. That's been under development for the last three years. And I'd just like to add that it has been informed by the survey that the California Teachers Association conducted and the results that they brought to our Commission over the last several years.
- Mary Sandy
Person
We have taken the findings, the feelings, the expectations and experiences of candidates taking this into consideration and have made significant adjustments in the literacy performance assessment that will comb through all the rest of the performance assessments as we go. So.
- Rosilicie Ochoa Bogh
Legislator
So we still have a component for literacy.
- Mary Sandy
Person
Well, the literacy performance assessment that we've been working on under SB 488 would go away with the passage of this bill and we would revert to the RICA standardized test. That has been a significant barrier, especially for candidates of color, for 20 years.
- Rosilicie Ochoa Bogh
Legislator
So we're going back to RICA?
- Josh Newman
Person
This bill does not do that. This bill simply endeavors to eliminate the.
- Nick Henning
Person
Yeah. So just to think about it from the teacher education program point of view, because I know there was a lot of work to eliminate the RICA, and we had definitely been in support of that. And so in terms of the literacy TPA, one of the things that we're definitely wanting to be able to do is work in partnership to develop something different than that, that isn't through that TPA. One of the things to the teacher education point of view is that what we.
- Nick Henning
Person
There are many things that still remain from SB 481 of which is already being implemented by programs right now, not in an official capacity, but will be next year, which is that seven set of TPEs, which are all about literacy, which contain everything that would have been measured supposedly by the literacy TPA, which, of course, is untested. It would have been in pilot mode. But all programs right in this moment, including my own colleagues actually today, are revising memorandums of understanding.
- Nick Henning
Person
We are looking at every single course that we teach. We're looking at every single way that we evaluate candidates according to those TPEs. That is the biggest response that the state will get and CTC will get is around what they do around TPEs, because that's what we do continuous throughout a program and even before a program. So that will still remain.
- Nick Henning
Person
And I want, and I'm hoping that all of you sitting here can be confident that all those different reforms that were fought for so hard are already being implemented in programs and for sure will be by next year. And our programs are changing because of that in our evaluation. So the same robustness that we have in terms of evaluation that we have in terms of teaching, that happens before this will continue. So we are in support of that and we are moving forward very quickly. Like I said, my last department meeting was all about that, and we're excited about a lot of the different things that are included there.
- Rosilicie Ochoa Bogh
Legislator
Thank you. So, any other comments from the dais? No. Okay. We have a motion to move the bill. Senator Newman, would you like to close?
- Josh Newman
Person
I would. Thank you. Thank you to my witnesses. Thank you, by the way, to the folks from the CTC for their input. You know, there's a theme today, starting with Senator Archuleta's bill of sort of going back and rethinking, you know, against the layers of requirements or reports that we have in California. Are they all working? Do they work sort of in tandem?
- Josh Newman
Person
And I would point, you know, the goal here is to make it more attractive to become a teacher, not easier, not easier, but more practically attainable. It is really hard to become a teacher in California. You heard some of the requirements, including 600 hours of non-paid work in the classroom, which, you know, you do that math, that's a lot. Add to that the burden of simultaneously preparing for a test that is very high stakes.
- Josh Newman
Person
It should come as no surprise to us that those who are most challenged are probably those who are most likely to veer from that path or maybe not take that path in the first place. We had a hearing last March about the state of the educated workforce, and it is challenged, and it is a serious problem, and it will be a hard problem to solve.
- Josh Newman
Person
So what we're endeavoring to do here is to eliminate one of the barriers, one of the friction points, but without diminishing quality. I think you heard that very clearly from my witnesses, and I would say that, you know, it might be useful, moving forward to have some assessment of teachers that gives us insight into the quality of the profession or the quality of programs that are preparing teachers.
- Josh Newman
Person
But it probably makes sense at this point not to make that a credentialing test because of the adverse effects it's having. I would say it's probably worth noting that if you going 3 hours ago or so, when the me toos came up, that there were both witnesses, there were teachers and administrators from both charter schools and public schools. So that tells you something about sort of the consensus and momentum here.
- Josh Newman
Person
So with that, what we're looking to do is against that sort of larger notion of addition by subtraction. Let's subtract this onerous feature. Let's ensure, as we do, that we provide all of the quality instruction and assessment and mentorship to aspiring teachers. And in so doing, I do believe that we'll increase the quality and the quantity of those teachers, especially in those communities that are most in need. I respectfully ask your aye vote.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator Newman. We have a motion by Senator Gonzalez. Madam Secretary, please call the roll.
- Committee Secretary
Person
File item 10, SB 1263, Newman. Motion is do pass the Senate Appropriations Committee. Newman. [Roll Call]
- Rosilicie Ochoa Bogh
Legislator
Okay.
- Josh Newman
Person
Thank you.
- Josh Newman
Person
Okay, so we are going to recess briefly. I unfortunately have to go to another Committee across the way and present a bill. When Senator Ochoa comes back, we will reconvene, and I think we don't have too much left, and then hopefully we can get to it and then vote on the remaining items.
- Josh Newman
Person
This on again, off again. Hearing will be on again, and we will continue our agenda with Agenda Item Number Seven: SB 1445 from Senator Cortese. Senator Cortese, welcome. Please proceed.
- Dave Cortese
Legislator
Thank you, Mr. Chair and colleagues. I'd like to thank the Chair and Committee for working with me on this bill sincerely. I'll be accepting the Committee amendments, and everything we've gotten back from the Committee has been very helpful. I'm here to present SB 1445. This bill would enable school governing boards to allow their student board members to provide restorative justice recommendations to the larger board before they go into expulsion hearings.
- Dave Cortese
Legislator
Existing law allows student board members to participate in all school board meetings except closed session meetings. These meetings are held to discuss sensitive and confidential topics such as litigation, collective bargaining, employee evaluations, and, of course, expulsion cases. Although California has made strides in recent years to address overly punitive actions in schools, low-income students, students with disabilities, and students of color are still expelled at higher rates compared to their peers. The California Department of Education data shows that expulsion trends are returning to pre-pandemic levels.
- Dave Cortese
Legislator
In the 2022-23 school year, 4,718 students were expelled in California. Of those students, 88 percent were considered low-income. Even more troubling, a quarter of those expelled were students with disabilities, nearly twice as many as the prior year. Despite Black students accounting for 4.7 percent of California student population, they were at 12 percent of all students expelled.
- Dave Cortese
Legislator
Excluding student board members from commenting on the expulsion hearing process prior to those board members going into that closed session deprived students of the opportunity to make recommendations, be it advocate or other advocacy or other recommendations for their peers. Restorative justice alternatives are necessary to protect our most vulnerable student populations by ensuring they remain in school while emphasizing the importance of collaboration and community-involved conflict resolution.
- Dave Cortese
Legislator
While it certainly is not--restorative justice is certainly not applicable to every situation, and maybe not even most situations, there is a history of success with it in certain fact patterns or situations. I had the opportunity to establish one of the first peer courts in any major metropolitan area in Santa Clara County some years ago which used restorative justice to deal with the criminal side, not the Education Code side, if you will, but the Penal Code side of things. Has been a tremendous success.
- Dave Cortese
Legislator
Again, not for everyone. Not applied to all cases. In fact, only applied to voluntary cases like this bill would call for where parents and students give permission or parents and juveniles give permission to go forward and allow other young people to make comments. Here to testify, we have Lawrence Kim and Garrett Xu from the California Association of Student Councils. Thank you Mr. Chair. I respectfully ask for your aye vote, and I'll turn it back over to you now.
- Josh Newman
Person
Thank you. Mr. Kim, Mr. Xu, welcome. Please proceed, either of you. Mr. Xu.
- Garrett Xu
Person
Good morning, Mr. Chair and Members. My name is Garrett Xu, and I am the Serving Vice President of Region Two with the California Association of Student Councils, or CASC. Established in 1947, CASC is a student-led nonprofit dedicated to amplifying student voices and developing future leaders. The Student Advisory Board of Legislation in Education, SABLE, is a CASC program where students annually gather to develop proposals of legislation and present those to the education committees.
- Garrett Xu
Person
So SB 1445 is based on a policy proposal by student Brian Rodriguez from Watts, Los Angeles, and his group developed during SABLE to advance a restorative justice solution for students, specifically those facing expulsion. Punitive actions in schools disproportionately affect low-income students, students with disabilities, and students of color higher rates compared to their peers.
- Garrett Xu
Person
In historically marginalized communities like Watts in Los Angeles, where Brian currently resides, students encounter various forms of discrimination stemming from institutionalized racism, and this pervasive issue manifests in community-wide problems and also, too, a school's lacking adequate funding, and students facing the effects and consequences of growing up in such an environment result in pursuing an education--lack of support in pursuing education in the California school systems and incarceration, which is important to consider when looking at restorative justice in such settings.
- Garrett Xu
Person
And often, for peers dealing with expulsion from minor discretions, no further measures are taken to rectify the issue themselves or support them in finding another pathway to address the environment around them and those effects that the expulsion may have had on their situation.
- Garrett Xu
Person
Now, restorative justice alternatives are necessary to protect our most vulnerable students population by ensuring they remain in school while emphasizing the importance of collaboration and community-involved conflict resolution. SB 1445 allows school student board members to receive limited expulsion case information, of course, with the consent of the student facing expulsion and their parents or guardian for the purpose of providing restorative justice recommendations for the larger board's consideration in their closed session meeting.
- Garrett Xu
Person
We believe that allowing the student perspective and peer support will diversify the decision-making process to ensure their approach to school punishment keeps restorative justice in mind. We appreciate Senator Cortese's leadership in authoring SB 1445 and supporting restorative justice practices and student voices. So we ask for your vote on the bill. Thank you.
- Josh Newman
Person
Thank you. Mr. Kim.
- Lawrence Kim
Person
Testing. Good morning, Mr. Chair and Members. My name is Lawrence Kim, and I'm the Governmental Affairs and Policy Director at the California Association of Student Councils. Would it be all right if I had made a statement on behalf of Ana Petero, who is on a Fairfield-Suisun Unified School District Governing Board Trustee for Area Six?
- Josh Newman
Person
Within your time, absolutely.
- Lawrence Kim
Person
Thank you. According to Ana Petero, whilst teachers have the good fortune of educating students, most only have them in class for an entire year. Conversely, students grow with each other in school and out of school. Beyond a classroom, they engage with each other during recess, lunch, and extracurricular activities, giving them unique insight into one another's lives: socioeconomic status, personalities, and character.
- Lawrence Kim
Person
Therefore, when disciplinary action is concerned, student board members provide a perspective different from adults and ought to be included in addressing the disciplinary action on behalf of their peers. Thank you for your consideration of SB 1445, and I request your aye vote on the bill.
- Josh Newman
Person
Thank you. Do we have any other witnesses here in support of the measure? If so, please come forward. Seeing none, is there any opposition to this measure here in the Committee hearing room? And you may act as a lead opposition witness if you prefer, in which case you can come to the table.
- Jennifer Abdon
Person
I'm here for support.
- Josh Newman
Person
Oh, you're here for support? I'm sorry. I rushed you. Please.
- Jennifer Abdon
Person
Hello. My name is Jennifer Abdon from Sacramento School District, Senate District Eight, and I am on behalf, as well for CASC, in support of the bill 1445.
- Josh Newman
Person
Thank you. Again, is there anybody here in opposition to the measure? Seeing none, come back to the dais here. Colleague, seeing if there are any questions for the author?
- Rosilicie Ochoa Bogh
Legislator
No, I think--well, just for the record, concerns with the amount of information that would be shared with our students for the record I think would be important to state as well as clarification as to whether or not students would be allowed to attend the closed meeting.
- Dave Cortese
Legislator
And under this bill, they would not be allowed to actually enter in or participate in the closed session itself. They cannot be in the room. They can prepare comment before going into the closed session that would be turned over to the school board members and then utilized, you know, however they want, basically. So that's the answer to that part of the question.
- Dave Cortese
Legislator
The other recommendation is something I've become aware of in the last couple of days that we might want to put--we definitely want to explore, and we might want some restrictions or guardrails on information going, you know, even with parental permission, even with the pupils, the accused permission to not allow the school boards to include certain things in the batch of information that would be given to the student board member.
- Dave Cortese
Legislator
For example, I think arguably, and I don't make a commitment on this at this point because I--in the early process of gathering information on this--but as a former school board member like yourself, I think you were one, am I correct? You get students' transcripts in that setting inside the actual closed session, and they often become part of the dialogue with family. I'm not sure the students need that information to help with restorative justice recommendations. They need the fact pattern of what happened.
- Dave Cortese
Legislator
Somebody did some property damage or something like that, and this is what's recommended. Probably doesn't--they could probably leave, you know, a couple of items of that packet to the school board itself, but we will keep working on that. I give you my commitment on that, and I'm very sensitive to that issue.
- Dave Cortese
Legislator
We've had school board members early on say they shouldn't be inside the room, not because there's a distrust of the students, which seems like the obvious reason why, you know, someone might come up with that. Well, how can we trust the student to maintain confidentiality and all that?
- Dave Cortese
Legislator
Not that, but whether or not it was appropriate for them to be involved in some of the more intimate questions and answers that oftentimes school board members have for members of the family who are there to support the student, for example, in terms of their domestic situation and so forth. There were just concerns about that with--we don't need to put them in the room. We can let them just provide a report basically as part of the larger report that goes there. So that's the idea with that.
- Rosilicie Ochoa Bogh
Legislator
And for the record, two last things: will the student board members be trained, and in what capacity will the victim be included in this process?
- Dave Cortese
Legislator
They're going to have to be trained in Brown Act, because Brown Act, part of the training is not just the open meeting side of it, but the closed meeting side of it, and what happens in these instances, much like other reports that are provided into closed session by third parties, by outside parties, the closed session privilege extends out to them, right?
- Dave Cortese
Legislator
Those reports are confidential, and that needs to be the case where we're trying to leave as much to local control as possible so those local school boards can decide based on how they function, you know, exactly what to do in terms of training or how much training to add on to what they're already doing with the board members. But we're very open to, again, putting some more guardrails in or guidance in terms of that, what minimum training should be, for example.
- Rosilicie Ochoa Bogh
Legislator
Well, thank you. I look forward to seeing the final--I'm going to support the bill today, but I do reserve my right to see the final language and change my vote on the Senate Floor, but thank you for bringing this measure forward, and thank you to our student advocates for being here. We'd love to see our youth engage in the legislation and ideas. Thank you.
- Josh Newman
Person
And so, with respect to the Brown Act, that the student board members are already trained on their Brown Act responsibilities, correct?
- Dave Cortese
Legislator
They are not--the legislation that we passed recently--I know you and all of us here, at least three out of four of us were here when we passed the legislation--excludes them completely from closed session--
- Josh Newman
Person
No, that's not the issue. The issue is, you know, if you're a student member of a board, for those boards that have student members, they do get training on Brown Act matters. They just don't participate in executive session, nor would they hear, correct? I just want to make clear that's not a new element. The question here is whether or not they'd participate directly in a closed session. Your answer is, obviously they wouldn't, but they would provide input by way of peer-provided restorative justice recommendations? That's the gist of the bill.
- Josh Newman
Person
Okay.
- Dave Cortese
Legislator
Right.
- Dave Cortese
Legislator
You're absolutely right, Mr. Chair, and clearly--I shouldn't say obviously because you make a great point there--in order to just be part of the open session proceedings, they would have to be trained in the Brown Act just like other board members. So they know that section of the code, and they know what it can and cannot do out there in terms of open meeting rules.
- Josh Newman
Person
Right. So for those boards that have student members, that's not a new thing. We just want to make that clear. They're already afforded that training and that respect as a member. I like this bill, and I think for Members of the Committee, if you recall, this actually was one of the ideas that was presented to us as part of the SABLE hearing that we do once a year. So this is actually quite cool.
- Josh Newman
Person
This bill was obviously good enough to kind of make it through to the major leagues, as they say. But I think it's a very valid, very compelling idea. With respect to disciplinary matters, peers do have insight, and in fact, a unique level of insight to the conditions and motivations of an incident that might lead to an expulsion recommendation. So I commend you for the idea, and I commend the author for bringing it to us. Glad to support it. Do I have a motion? Oh, would you like to comment? I'm sorry.
- Lola Smallwood-Cuevas
Legislator
No, I had a question, thank you, and I'm sorry I missed some of the dialogue, so forgive me if this is repetitive. I wanted to just get a sense--I know that when a student is in this role, and I'm really excited about restorative justice being prioritized and centered here, but does it--who gives the student the information about the incident? Is it the school district? And is that information fully provided to the students? Do the students have all of the information? Does the district limit what they know about the actual issue or incident that's being discussed?
- Dave Cortese
Legislator
Great question. So, as the bill is written, we've left that to the ordinary processes of discretion of the school district. They would have an expulsion packet put together, and the thought was, if the parent and the accused student are signing off on having that information given to the student board member for purposes of recommendations, that that packet would be turned over.
- Dave Cortese
Legislator
We're open, and I just answered Senator Ochoa Bogh earlier because we've been giving some thought the last couple of days, in part because of some inquiries from colleagues. In my own experience as a school board member, you know, maybe there's a couple of items in there that can be excluded that we should put in the bill and not leave completely local control. I'm not sure of how important that is, and I want to think through it a little bit more, but I use the example of transcripts.
- Dave Cortese
Legislator
I'm not sure the student member needs to have the transcripts of the other student to make restorative justice recommendations, although it sometimes does prompt questions. How come your grades work great semester one, two, three, and four and then they dropped all of a sudden? And then that dialogue--we're expecting dialogue to occur here. You know, the accused student might have some great information to provide. You know, I was bullied. I got cut from the basketball team, and I started hanging out with the wrong crowd.
- Dave Cortese
Legislator
You know, you hear those kind of things. So we have to think through that. I don't think there's harm necessarily in giving it to them as long as they're bound by confidentiality, but I--I am willing to put some additional restraints on the bill as it goes forward if there's compelling reasons to do so.
- Lola Smallwood-Cuevas
Legislator
Okay. Yeah, I just wanted to make sure that there wasn't ever an effort where the district was trying to sway the recommendations in any way and therefore limit--and not just sort of confidential information, but just elements of the packet sort of arbitrarily. So I just wanted to make sure that there's a process where those student representatives are fully respected, that they have all of the complete information that's needed to have a viable and impactful recommendation.
- Dave Cortese
Legislator
That side of the issue is compelling, too. I understand your point better, and I think the idea of what's in that packet, is it exactly identical as to what the board members get--the adult board members, or is there some reason to keep, you know, something that's particularly sensitive out? I think everything about--
- Dave Cortese
Legislator
We would never--I could tell you, as an author, I would never take anything out or want to take anything out, be willing to take anything out of the bill that would limit the information about the fact pattern itself and the youth's history, you know, in terms of, you know, their behavior in the education system. It's what we see in peer court. They're allowed to ask those kinds of questions. Have you been in trouble like this before?
- Dave Cortese
Legislator
And if the person says no and the peers no, that's not true. It's important for them to challenge the student on that. But wait, the packet says you were smoking on campus two years ago, or whatever the example is, and force them to be candid and honest and so that they can help them, so they can help, you know, devise some recommendations. So we'll be--I don't want to get too granular and right?
- Dave Cortese
Legislator
We--all the school districts out there that feel they want to do school-based and district-based decision making, of course, and I respect that, but we'll be continuing to look at that piece of it as we go forward.
- Lola Smallwood-Cuevas
Legislator
Thank you. I plan to support the bill. I just wanted to make sure that we're still--you're still working on that and committed to it. Thank you.
- Dave Cortese
Legislator
Thank you.
- Josh Newman
Person
Okay. Again, I'm supporting the bill, and I'm impressed by these two young men. Do we have a motion?
- Lola Smallwood-Cuevas
Legislator
I move the bill.
- Josh Newman
Person
Thank you, Senator. Would you like to close, please?
- Dave Cortese
Legislator
Again, thank you, Mr. Chair, for your support. That means everything, and again, as I said at the outset, help from the Committee in terms of guiding this and suggesting amendments and so forth, what is very important, and I think will continue to be important, that kind of analysis along the way, and I respectfully ask for your aye vote.
- Josh Newman
Person
Thank you. Madam Consultant, please call the roll.
- Committee Secretary
Person
File Item Seven: SB 1445: Cortese: motion is 'do pass as amended.' [Roll Call].
- Josh Newman
Person
That measure has four votes. We'll leave it on call. I now have to go present my fifth bill of the morning. I'm sorry, Senator Ochoa Bogh. I'll be back as soon as I can. And I'm going to leave the gavel with Senator Cortese, who will chair in my absence as Senator Ochoa Bogh.
- Dave Cortese
Legislator
Okay. The Vice Chair would normally be presiding in the absence of the Chair, except in this case, the Vice Chair is Item Six: SB 1435, and she's going to be presenting instead of chair. Senator, you may proceed when ready.
- Rosilicie Ochoa Bogh
Legislator
Thank you. That's your wealth of information.
- Rosilicie Ochoa Bogh
Legislator
Just making sure we've had so much progress. oh, he's in his way. Okay. Thank you, Mister Chair and Member. Last year, I began a conversation about age appropriateness and content of schools. Content found in schools this year, I introduced SB 1435 to establish standards for public school libraries and to advocate for the protection of children from material that is objectively harmful to minors.
- Rosilicie Ochoa Bogh
Legislator
Although there are laws pertaining to the adoption of textbooks and instructional materials available to schools and classrooms, there's a lack of state guidelines specific for school libraries at any grade level. In fact, the last update to our state's education code regarding content in school libraries was in 1990, and that only permitted local school boards to remove material that is political or religious in nature. No one disagrees that it's necessary to protect our children from sexually explicit material.
- Rosilicie Ochoa Bogh
Legislator
However, as this material becomes more readily available through social media, movies, books, and other digital mediums, the state Legislature has been slow to provide the necessary oversight, and as a result, these materials have slowly crept into our schools. This year, we have Senator Wahab, who has introduced a Bill addressing AI in the making of images with regards to obscene material and using children images.
- Rosilicie Ochoa Bogh
Legislator
Although local challenges to reading materials are rare, when the material is brought to the public attention, school board members and communities are often shocked by the content found in these books. For example, last year in this Committee, we heard testimony from a parent who brought a book found in a middle school library. She read aloud the book's instructions on how children can sign up for apps designed to find sexual partners and how to give or oral sex.
- Rosilicie Ochoa Bogh
Legislator
When these types of books are called into question by parents or guardians and brought before the school board for review, the materials are censored for the safety of the viewing audience. This is because existing FCC regulations prohibit the broadcasting of obscene material on television and radio.
- Rosilicie Ochoa Bogh
Legislator
The City of Santa Barbara passed an ordinance that required the blinders be placed in front of materials displayed in public that are considered, quote unquote, harmful matter, as defined by Penal Code 313 in Barrie versus the City of Santa Barbara in 1995, the ordinance was deemed constitutional, declaring that the Supreme Court had consistently held that states and municipalities have a compelling interest in protecting the welfare of minors and specifically in preventing minors from gaining access to materials deemed obscene to them.
- Rosilicie Ochoa Bogh
Legislator
It was found that the orders did not violate free speech and that press provisions and press provisions of the First Amendment. So SB 1435 is not about censorship. Unlike AB 1078, which updated standards for curriculum and instructional materials, SB 1435 is about updating school library standards for the first time in over 30 years. The Bill ensures that the content that is objectively harmful to children and has no serious scientific, artistic or literary purpose is not found in school libraries.
- Rosilicie Ochoa Bogh
Legislator
The April 8 amendments would require the removal of content that is specifically harmful to children from school libraries serving pupils in preschool through 8th grade by next school year. These amendments also protect books and materials that serve legitimate scientific or literary purposes. The amendments also remove all criminal liability for failing to remove a book or material that is harmful to children from school libraries by July 31, 2025. Instead, it allows parents and guardians to file a civil injunction.
- Rosilicie Ochoa Bogh
Legislator
Joining me in support is Lance Christensen, Vice President of the Education Policy and Government affairs for the California Policy Center, and Erin Friday, attorney and co- lead of our duty USA
- Lance Christensen
Person
Chair, Members of the Education Committee. Thanks for having us here today. My name is Lance Christensen, the Vice President of the California Policy Center. I'm also a father of five children, all who have gone through the public school system. SB four, T 35, is simple and it's commonsensical, and over the 20 years that I spent associated with this Legislature, it seems like a no brainer. The Bill simply does this.
- Lance Christensen
Person
If you can't watch it on broadcast television or listen to it over the airwaves or hear it in a school board meeting, it shouldn't be in our young children's public school classrooms and libraries. We're asking the Legislature to codify some version of these FCC obscenity standards, which were referenced earlier, something that Congress has done for over 50 years.
- Lance Christensen
Person
The Miller Test, which is based upon, confirms that obscene content does not have protection in the First Amendment, and the Supreme Court has been consistent on that for many, many years. How can a Bill set to establish age appropriate standards for our public school classrooms and libraries up until the 8th grade have serious opposition? Many of the objectional books in our public school classrooms and libraries are not literary masterpieces or coming of age stories and appeal to peering interests.
- Lance Christensen
Person
Assail kids with enough vulgar and obscene content and they will become desensitized, locked and loaded for a life of superficiality and objectification. The state does not have a salient process for prohibiting or removing obscene or harmful matter that is age inappropriate for public school classrooms and libraries. We're not pursuing this Bill underneath the disjointed and sometimes unintelligible PICO standard. If this Bill is not sufficient, we would ask the Legislature, spend time talking about where is the line?
- Lance Christensen
Person
Can schools draw a line on what is obscene, harmful matter, or vulgar for our kids? This Bill seeks to draw that simple line from Pre-K through 8th grade that the FCC did years ago, and I ask for your support. Thank you very much.
- Erin Friday
Person
Good afternoon. Before I get started, I want to apologize for being vulgar. My name is Erin Friday. I'm a Democrat and a Lead of Our Duty, a group with gay members. It's alarming that we need this Bill. But schools, despite claiming that they are safe spaces, are shelving harmful material, aka obscene materials, as they relate to kids. There is nothing transphobic, homophobic, or racist about this Bill. It merely aligns an existing law that prohibits the distribution of harmful material to kids.
- Erin Friday
Person
It doesn't add any criminal punishments. Meeting all three prongs of harmful matter is an extremely high bar, so only the most offensive books will be removed. The book this is gay is found in our middle schools. The glossary defines glory hole, a hole in a wall or partition through which a man pokes his penis. Rimming, licking the bottom, scat eating poop. The book. This book, Flamer, has boys ejaculating into a bottle, and whoever doesn't do it must drink it.
- Erin Friday
Person
The book, let's talk about it encourages kids to explore their kinks as well as porn. It has cartoon depictions of different sex acts. Schools encouraging young kids to view porn as dangerous. It encourages sexual behavior in children under 14, which naturally result in pregnancies and STD's. The New York Times over the weekend featured an article about how porn affects children. It's causing the youth to believe that choking is now a normal part of sex. Girls, of course, are on the receiving end.
- Erin Friday
Person
An accidental death and brain injuries result. So, if you don't vote yes on this Bill, you will be on record that you believe that children should be exposed to the type of harmful matter that I just presented. There can be no other interpretation.
- Dave Cortese
Legislator
Thank you for your testimony. Are there others in the Committee room who wish to come forward and express a support position at this time? Your name and affiliation and support is what's allowed during this me too process. Thank you.
- Dalia Shehita
Person
My name is Dalia Shehita. As a proud Member of the Coptic Orthodox Church, I am honored to serve as a television talk show host for logos.
- Dave Cortese
Legislator
You can't testify. You can only say your name, your affiliation and support. Under this part of the agenda, we're limited to two people testifying.
- Unidentified Speaker
Person
I think that's what she's saying.
- Dalia Shehita
Person
I am getting it.
- Dave Cortese
Legislator
Okay.
- Dalia Shehita
Person
I'm getting specific. Yeah, it's a little bit long. Yeah, I'm almost there. So. Okay. I am here to represent the Arab Community of California with the blessing of pop tabadros and metropolitan serapion, here to support SB 1435. I respectfully seek your aye vote on Bill SB 1435.
- Dave Cortese
Legislator
Thank you. You did that perfectly well.
- Dalia Shehita
Person
Thank you.
- Margaret Reeder
Person
Margaret Reeder, mother of a 6th grader, in support.
- Charlotte Johnson
Person
Charlotte Johnson, concerned parent don't let them tell you this is book banning. It is not.
- Mimi McMann
Person
Mimi McMann, grandmother, retired teacher and I request your support to protect our kids from this pornography.
- Brena Sheehy
Person
Brena Sheehy, representing protection of the Educational Rights of Kids Advocacy and support.
- Cynthia Cravens
Person
Cynthia Cravens, longtime Democrat and former candidate for California State Senate, District 11. I support this Bill. Thank you.
- Nicole Young
Person
Nicole Young, Placer County Chapter Moms for Liberty, in strong support.
- Mike Murray
Person
Mike Murray, father of two young children. Representing the American Council in support of this Bill.
- Arwen Funk
Person
Arwen Funk with Chico, Parents Against Sexual Abuse by Schools with Porn. I support this Bill.
- Carol Marquis
Person
Carol Marquis, Yolo County Moms for Liberty. I strongly support this Bill.
- Beth Warren
Person
Beth Warren, Yolo County Lifelong Democrat I strongly support this Bill.
- Anna Fahim
Person
Anna Fahim, I'm a high school student. I support this Bill.
- Dave Cortese
Legislator
Thank you. We appreciate all the testimony. Do we have? I believe we do lead opposition witnesses. If so, please come up. At this time, we have to ask people to at least move over, or you can stay up here in case there's questions. Just want to make sure we make enough room for the other two witnesses. That's all. Thank you.
- Seth Bramble
Person
Should I begin, Mister?
- Dave Cortese
Legislator
Please go ahead and self identify. You'll have a couple minutes each in whatever order you decide. Thank you.
- Seth Bramble
Person
Thank you, Mister. Chair and Senators, Seth Bramble, speaking today on behalf of more than 300,000 educators, the Members of the California Teachers Association respectfully in opposition. As educators, we inspire the natural curiosity of our students. But this Bill opens the door to removing books from our schools simply because some individuals don't like the views in those books. The school plays an important role in preparing our students to live and learn in a world of information, a world with different perspectives.
- Seth Bramble
Person
But we do need to call this Bill what it is. Despite what those who testified in support said, this Bill is the book ban movement coming to California. This Bill is very much about censorship. This Bill is about taking books out of our school libraries. The proposal seeks to fuel fear and distrust in our public school libraries and in our public education system, disrupting the work that teachers do to try and grow the next generation of inventors.
- Seth Bramble
Person
The Bill also exposes our school communities to tremendous litigation. As a result, one parent, one complaint, can remove a piece of literature for all the students on that school campus. Under this Bill, any resident you don't have to have kids at the school, can bring the school district to court, basically because they disagreed with the decision by a school board to keep a book on the bookshelf.
- Seth Bramble
Person
This threat certainly will have a significant chilling effect on access to the books that we have in our school libraries. It undermines the basic role that school libraries play. Yes, we want our kids to be safe, and yes, we want our kids to be supported. We want to celebrate their diversity in an inclusive environment. But giving students access to a range of ideas prepares them to participate in an often contentious society, a world that they're going to soon be adults in.
- Seth Bramble
Person
So we're asking today, and urging you to ensure that our students are free. Free to inquire, free to study, free to evaluate a free exchange of ideas. And CTA urges your no vote.
- Dave Cortese
Legislator
Next witness.
- Allison Lee
Person
Yes. Hello. My name is Allison Lee, and I am here in opposition to SB 1435, which, make no mistake, threatens California's longstanding commitment to protecting our students rights to freely learn and access information at school. This Bill is of great concern to me and the organization I represent, the literary and free expression nonprofit PEN America. Yesterday, PEN America published our most recent report tracking book bans across the country. And the numbers are staggering.
- Allison Lee
Person
Over 4000 instances of book bans in the first half of the current school year, more than we tracked in the previous school year. As a whole.
- Allison Lee
Person
For three years, we have seen a dramatic increase in a coordinated campaign which has played out in state after state with a common purpose, to ban books to censor what students can read in schools and libraries. And despite what those in support of SB 1435 say, this Bill will put California in the same category as Utah, Missouri, Iowa, and Florida, states, where laws are already being used to force schools to remove books with sexual content, books about race and racism, books about LGBTQ lives.
- Allison Lee
Person
This Bill will give individual, parents, and community members the right to decide what books count as obscene or indecent. Rather than trusting the curatorial process to professional educators and librarians, we have seen what happens next. SB 1435 will target works with LGBTQ characters, books that teach young women essential lessons about sexual violence and consent, even books about anatomy or potty training that just happen to have anatomically correct illustrations. Book banning legislation that we've seen across the nation hasn't come to California yet.
- Allison Lee
Person
Let's protect our students rights to read and keep it that way. Thank you.
- Dave Cortese
Legislator
Thank you for your testimony. Are there others in opposition who would like to come forward and express name, affiliation, and opposition? Please do so.
- Tristan Brown
Person
Thank you, Members. Tristan Brown of CFT, Union of Educators, classified professionals here in opposition. Thank you.
- Diana Vu
Person
Diana Vu, on behalf of the Association of California School Administrators, in opposition.
- Rachel Bhagwat
Person
Thank you. Hello, Chair and Members. Rachel Bogwit with ACLU California Action, in opposition.
- Greg Pulsifer
Person
Greg Pulsifer, on behalf of Equality California, respectful opposition.
- Renee Pena
Person
Renee Pena, special educator Middle School and on behalf of teacher librarians across our state, in respectful opposition.
- Dave Cortese
Legislator
All right, thank you. This is where we bring it back to the Committee. I'm going to turn it over to the chair who has returned.
- Scott Wilk
Person
Thank you. Senator Cortese, questions or comments? I know Senator Gonzalez, you had some comment, please.
- Lena Gonzalez
Legislator
Thank you, Mister Chair. And thank you to the author for coming to my office and talking to me about this Bill. You know, on the face of it, as we describe, you know, what the Bill does, it would seem as though this Bill would be protecting children and allowing parents the opportunity to just, you know, casually provide some, some recommendations as to what they'd like to see in their children's school libraries.
- Lena Gonzalez
Legislator
But that's not what the Bill actually does, I think has been alluded to by our representative from CTA. The Bill very specifically grants a parent, guardian, or resident, any resident of this school, regardless if their children or they have no children attend this school, the right to bring a civil action in the school district, and if they fail to do so well, fails to remove a book that they view as harmful. So I know we've talked about this, but I know you've provided books, but what.
- Lena Gonzalez
Legislator
How do you not see this as an opportunity to censor good materials? And we talked about this in terms of sexual education, potty training. You know, I'm not just a Senator. I'm the mother of a young child as well. And I'm just very curious, curious as to how you perceive this as not being a censorship, even partially.
- Rosilicie Ochoa Bogh
Legislator
Absolutely. So, in looking as to the conversation as to age appropriateness, we went to legal counsel and we asked, you know, what do we have in terms of age appropriateness when it comes to materials in schools? And we realized that there was nothing in statute, nothing in code in the State of California, in our educational code, that stated anything with regards to age appropriateness. So then we looked. We explained what the goal was.
- Rosilicie Ochoa Bogh
Legislator
Was in order to address the issues that we had up until this point, brought to our attention certain material that was truly not worth being in schools, such as, you know, the book that was mentioned last year and others that literally show sexual positions, you know, inquiring. And I think we have examples, or in that particular case, how to download an app to connect with people that were could be sexual partners.
- Rosilicie Ochoa Bogh
Legislator
So the question then was, how is it that these books are coming into our libraries in California intersect? Well, having no guidance and no, no statute in place protecting or addressing this issue, then we went outside and tried to figure out, well, what else do we have in place? And it was brought to our attention by legal counsel that we had a penal code 313 that specifically stated and defined what harmful matter was to our students, to children.
- Rosilicie Ochoa Bogh
Legislator
And it was the penal code that was actually used outside of our school to protect kids from material that, according to the language, it defines harmful matter as.
- Rosilicie Ochoa Bogh
Legislator
Esther, the Bill says, defining as matter is taken as a whole, which the average person, applying contemporary statewide standards, appeals to the priority interest and is a matter of which, taken as a whole, depicts or describes, is in a patently offensive way the sexual conduct in which, taken as a whole, lacks serious literary, artistic, political, and scientific value for children. That is the penal code. And that is what I'm reading from the actual Bill. It has to have those requirements in there.
- Rosilicie Ochoa Bogh
Legislator
In addition, as I mentioned in my opening statement with regards to bringing criminal code. Let's see. And yes, parents and anyone in the community could come to the school board and actually apply for, obtain an appropriate injunction, injunctive and declaratory relief for violations of this section. After the governing board of the school district's refusal to remove any harmful matter that's only an alternate. If it happens to go into and it's found in there, then the challenge can come through. It's in the Bill. It's in code.
- Rosilicie Ochoa Bogh
Legislator
I'm trying to find something I'm going to give.
- Lena Gonzalez
Legislator
Well, I guess just to build off of that. I think just the issue, too, is it opens the door to many lawsuits against the school districts, as we know, and then potential not just civil issues, but criminal prosecution is what it looks like. Your Bill absolutely does, and that could be any random parent or any resident in the school district that just seems to believe that a book that just references LGBTQ individuals or anything of that sort could be completely censored.
- Lena Gonzalez
Legislator
That's what it lends itself to, it seems to me. So I would love for you to just talk about that, but for those reasons and more, I'm not going to be supporting the Bill. And I do thank you for coming into my office and talking to me about it, because this is good conversation, but it absolutely does lend itself to banning books, as been mentioned by the opposition.
- Erin Friday
Person
Look, right now on the books, we have penal code 313, and this defines harmful matters as it relates to children. So in the adult world, it's called obscenity. For children, it's called harmful matters because there's a different standard. So under our Supreme Court, obscene matters would not include pornography, but as to children, it's a harmful matter. So you see how that works. For something to be determined as a harmful matter, it must meet three prongs.
- Erin Friday
Person
As the Senator said, it must appeal to the puritan interest, be patently offensive sexual conduct, and lack any serious literary, artistic, political, or scientific value for, for minors. So it must already meet those three prongs. If it doesn't meet those three prongs, then there is no criminal action. Period.
- Erin Friday
Person
Zero. None. This is already the law. So if a teacher brought in, let's say, an x-rated film and played it to kids, that teacher could be criminalized. Under our current code. That's current law. The only thing that this Bill does is it now puts it into the education code so that we could get these books out and just these books, because it's not going to talk about LGBTQ. It has nothing to do with it. It has to do with,
- Erin Friday
Person
does this book meet these three prongs? Teaching an 11 year old what a glory hole is would meet these three prongs teaching boys that they all should masturbate together and put their liquid into a bottle. And if you don't do it, you must drink it would meet these three prongs. Having a book that is telling a child how to use a bathroom, how to insert a, sorry, how to use menstrual products would not meet those three prongs.
- Erin Friday
Person
Only the most egregious books and that's what we're asking for is to get these books. This book tells kids how to find lovers online, period. How to upload a picture, what to do when you find that lover, what do you, what you do when you meet that lover in the park? This isn't a homophobic, this isn't homophobic, this is not telling.
- Erin Friday
Person
Safeguarding our children under 8th grade, under the age of 14 that they should not be doing this, they should not be looking at porn, they should not be uploading their pictures onto Grindr or any other social media site, period. This is so simple. The laws already exist. And as to the injunctive relief, as the Senator said, the parent or member of the public goes to the school board and says this book is inappropriate.
- Erin Friday
Person
If the school board says no it's not, we like it, then they can file an injunctive action and that's an injunction. Is just the court saying you can't have that book or you can have that book, there's no damages, no punitives, no money changing hands. That's what it is, and when there is a claim against a school, the school also has another 45 days because there's, the government code requires that notice, 45 days to get this type of book out of our classrooms.
- Erin Friday
Person
So if you're going to vote no on this, then you think it's appropriate for 11 year olds to learn how to eat poop? Because that's what this book says. Scat eating, poop, rim eating the bottom. You want your children to read this? I don't think so.
- Seth Bramble
Person
Just respond briefly. I think I heard a lot of alarm and a lot of panic and really an attempt to invoke fear and distrust in our public school libraries. I just want to, we're talking about our public school libraries. Librarians, school boards, educators are filling these libraries with age appropriate books. But what this Bill truly establishes, and to the heart of your question is a legal standard that can be invoked to remove a book and deny access to the students in that school.
- Seth Bramble
Person
Some school districts have an attorney, some school districts don't. And sometimes it's better to be safe. I think the analysis refers to that and just, you know, I got a complaint, I'm going to put this book in a closet somewhere where no one sees it.
- Seth Bramble
Person
I'm worried about the threat of litigation and in other situations we've seen in other states where you get a series of complaints that come forward, and then maybe it takes you a year to figure out, does that complaint meet the standard that we've set here, that we're trying to just investigating? That process holds books off shelves. So we get this series of investigations and then complaints that really result in this book ban movement across the country.
- Seth Bramble
Person
California's educators don't welcome this destructive practice, and we urge your opposition.
- Unidentified Speaker
Person
That's okay. Okay.
- Unidentified Speaker
Person
That's fine. She's shown the books in 7th grade. Okay, so just real quick, the reason why we don't need more laws or new laws is because we already have federal and state laws that are prohibiting obscene materials to be distributed to minors. And to suggest. I think it's so interesting because to suggest that this is just about obscenity, this isn't about preventing LGBTQ materials from making it into our libraries, and then to bring the books are entirely about LGBTQ stories. These are young adult novels.
- Unidentified Speaker
Person
Young adult graphic novels, memoirs. Graphic novels are meant to engage reluctant readers and to allow young adult audiences, librarians and professional educators already curate, know what is appropriate for their audiences. We trust our librarians. There is not porn in our public libraries. And for these individuals to create fear and to suggest that there is obscenity, obscenity laws already stop it.
- Unidentified Speaker
Person
This is not drawing the line about what this is creating the line about who gets to decide what is harmful based on what upsets them, and that is not freedom to read, and that is not what democracy is based on.
- Josh Newman
Person
Senator Gonzalez, anymore?
- Lena Gonzalez
Legislator
No. I thank both sides for the debate, but wholeheartedly believe that this is a ban. And, you know, we're trying to scare parents and Californians in thinking that this is not a ban, that there's some sort of mysterious and, you know, egregious underlying thing going on at our public.
- Lena Gonzalez
Legislator
Schools, which is not true. Absolutely not true. So thank you.
- Rosilicie Ochoa Bogh
Legislator
Can I respond? We're not implying. This is not supposed to be a political debate on either side. As a matter of fact, the team that is working on the language for this particular Bill is literally a language that's brought forth with people on the Democrat and the Republican side. It's both sides, including people that represent LGBTQ communities. State law statute already prohibits any discrimination against any protective class. That is the law.
- Rosilicie Ochoa Bogh
Legislator
You can't ban a book, and parents cannot go into a school district and try to ban a book based on a protective class. You cannot. It's illegal. It's statute. That cannot happen. So this fear that you folks are putting in there, that it's a banning of books based on a protective class, that is not the case, sir, because that's illegal in the State of California. That cannot happen.
- Rosilicie Ochoa Bogh
Legislator
What is also actually true is the fact that we have penal code 313 that defines what harmful matter is for children. What we don't have is actual educational code that directs as to what is harmful within our school system, within our school libraries. There's absolutely no guidance in statute.
- Rosilicie Ochoa Bogh
Legislator
So all we would be doing is literally bringing what we have already outside of our schools as literally protection for our children through penal code 313 that defines exactly what harmful matter is, to align with educational code that directs and gives guidelines to our school libraries to say, this is what's harmful matter, specific definition as to what the law states.
- Rosilicie Ochoa Bogh
Legislator
Knowing that there's already statute that you can't discriminate based on a protective class, but gives us the ability to have guidance as to what harmful matter is per the penal code, per how it's been already proven in court through the case of Berry v. City of Santa Barbara, 1995. It is not protected by free speech. It is not. It's already in code. So this notion that this is discriminatory, absolutely not. It's giving definition what's good for the goose is good for the gander.
- Rosilicie Ochoa Bogh
Legislator
We're bringing penal code already protecting our children outside of the school system, which is only logical, sensible, reasonable to bring that into code in education. That is all this is doing. The language is clear, clear statute, no discrimination already in statute, regardless of any protective class. Nothing. But what we don't have is protection as far as what harmful matter is within our school code. That's what we're doing with this Bill.
- Josh Newman
Person
All right, Senator, clearly put. Senator Smallwood Cuevas.
- Lola Smallwood-Cuevas
Legislator
Thank you, Mister chair. And we already passed AB 1078 last year. We've had this debate. We've had this conversation. There are so many spaces for parents to intervene and to engage in the conversation. And I appreciate you reaching out and us having a conversation about this, and I. And I really respect your passion on this, but I also see this as a form of censorship.
- Lola Smallwood-Cuevas
Legislator
I think it also robs the engagement processes that have been put in place for parents to have these discussions with their school districts. And certainly when we look at things like Prop 209, everyone has the right to do whatever to sue and to make the case on the merits of whatever the complaint is. I don't think we need to bring our penal codes into our education codes, and I think that this is, quite frankly, an overreach in what the law is.
- Lola Smallwood-Cuevas
Legislator
I agree with my good Senator from Long Beach on this topic, and I'm curious about why do you think we as the state. Because at the end of the day, this is. This is the state that is going to be the backstop for this proposal that you have before us.
- Lola Smallwood-Cuevas
Legislator
Why should we allocate so much time and money on litigation when we just want to have our children educated in a safe environment, in a system that, you know, for hundreds of years have been supporting the development of our children. My children are in public school systems.
- Lola Smallwood-Cuevas
Legislator
They love their librarian Misses Smith always made sure her credentials were up to speed, that she got the education enrichment, that she participated in professional settings to really make sure that her elementary school, middle school, and high school students and her study group of librarians that she helped to convene, that they were prepared and doing the best that they could to protect our children.
- Lola Smallwood-Cuevas
Legislator
So I'm just curious, why are we spending, why are you proposing a Bill that would spend money on litigation when we're in a deficit and we really need to be spending money on investing, closing the gaps, and making sure we're lifting up our students?
- Rosilicie Ochoa Bogh
Legislator
Excellent question.
- Lola Smallwood-Cuevas
Legislator
Scholarship and academics.
- Rosilicie Ochoa Bogh
Legislator
Why is it necessary? Because at the end of the day, the fact that we have books that are depicting literally obscene material, harmful material, in our libraries gave the question as to, how did this happen? How did the system fail that we ended up with books of such material that had it not been brought to the attention of the parents in public, would not have been there. It begged the question, how did this happen? How did it happen?
- Rosilicie Ochoa Bogh
Legislator
Because we don't have state statute with guidelines, none. We don't have the definition of what harmful matter is or what is obscene in order for a book not to be in our school libraries. So what are we doing here? Why? Because we wouldn't have all the contention in our school boards with parents distrusting the school system, distrusting their school, their local school districts, if we had guidelines in statute defining exactly what harmful matter is, what obscene matter is.
- Rosilicie Ochoa Bogh
Legislator
So this is actually a protection for our school districts to be able to say, okay, that would not have been able to go through if we had guidelines in statute already, which we don't. We don't have it in our education code, no guidelines, nothing. But yet we have a penal code system that does protect our kids.
- Rosilicie Ochoa Bogh
Legislator
And the fact as far as censorship, once again, Berry versus City of Santa Barbara, 1995, specifically states in this study or in the study in the findings of the court, that it doesn't violate the free speech and press provisions of the First Amendment. It doesn't. The penal code does not. Otherwise it wouldn't be in the books right now. And all we're doing is bringing that and to the point of the penal code coming into an education code. That's what we've done.
- Rosilicie Ochoa Bogh
Legislator
This is what the Legislature has done since I've been here many a times. We bring the penal code into the educational code to bring alignment. This is what we're doing in this particular Bill, bringing alignment between what we already have outside to literally give us guidance into what we have in educational code. As far as the litigation. There won't be litigation.
- Rosilicie Ochoa Bogh
Legislator
There'll be less litigation because we'll have guidelines that actually tell us what can and cannot go into our school based on what's obscene or harmful material. It won't be. Hold on.
- Rosilicie Ochoa Bogh
Legislator
Let me finish. So for any book to go to that extreme, it would be very, very difficult to get to that extreme because they would have had to pass the three pronged test before it gets to that point. So it actually lowers the possibility of that happening.
- Lola Smallwood-Cuevas
Legislator
I understand the point that you're making, again, all of the opportunities and systems and structured environments for parents to have this conversation with their school district. This Bill proposes to go around that, which I think is a very democratic process, is a process that thousands of children and parents and school districts engage in every day. This Bill goes around that process to the courts and removes the opportunity for parents to really have the conversation.
- Lola Smallwood-Cuevas
Legislator
And that's why I cannot support, that's why I cannot support this Bill today.
- Rosilicie Ochoa Bogh
Legislator
So through the chair. Let me respond to that briefly, because.
- Josh Newman
Person
We seem to be getting a little bit repetitive here, but please.
- Rosilicie Ochoa Bogh
Legislator
So to that point is this is not actually overreaching over the rights of the parents to have those discussions, as you had mentioned, you know, right now, there could be community groups to talk about the books, whether or not they should be or not, into the library. You mentioned the fact that there were community groups that you could actually have those conversations, that parents could actually come in and have that discussion as to what books could or could not be in the schools, in school boards.
- Rosilicie Ochoa Bogh
Legislator
In school. Exactly. To that point. Exactly. So you could have people from opposing perspectives come into those groups and say, well, I believe that this book should be here, and I believe that this book should be here on opposing sides with no actually umbrella of guidance in that conversation. So it would actually be very contentious because we don't have it in statute. We don't have a code in education code that actually says, I don't need.
- Lola Smallwood-Cuevas
Legislator
The state's guidance to tell me how I feel about what my children are doing. I don't need the state's guidance to do that. So that is why I'm opposing this Bill. And I understand the argument, but I oppose that.
- Rosilicie Ochoa Bogh
Legislator
But our educational code is what guides our education in our system right now.
- Josh Newman
Person
Okay, colleagues, I think we're getting.And before you, we have 20 minutes before the Senate Committee on Banking has to come in. So I want to be mindful of that. I think you both have a clear understanding of each other's thinking and intentions. Senator Welk, I know you had something you want to add.
- Scott Wilk
Person
Thank you Mister chair. I'm starving so I'm going to hopefully be pretty quick. So I got a question for you, Mister Bramble. So you talked about a number of times, you mentioned intellectual curiosity, that we need to encourage that with our students. And I've looked up on the Internet and I don't know, I don't trust it because I don't trust anything. But are there currently any books that are banned in California schools? And if so, what are those?
- Seth Bramble
Person
Yeah, you know, I feel like we're on this theme now about. You gotta let me respond, Senator.
- Scott Wilk
Person
I'm gonna let you. You run this place though. Don't worry. Don't worry about me.
- Seth Bramble
Person
I appreciate you.
- Scott Wilk
Person
I call it like I see it. She's talking about age appropriateness, not banning books. So I want to know if you, if you know, what books have we already banned?
- Seth Bramble
Person
Yeah. And I guess what I keep hearing from you and from the author
- Scott Wilk
Person
This is the first time I've talked, so you haven't heard anything from me.
- Seth Bramble
Person
I'm just expressing a theme that I'm hearing, which is that we should have distrust in what's happening in our public school libraries. And I want to say again.
- Scott Wilk
Person
Those are talking points you said like six times now.
- Josh Newman
Person
Senator Wilk.
- Scott Wilk
Person
All I want to know. If you don't know, don't know. Have we banned books? And if so, what are they? That's all I'm asking. It's a very simple question.
- Josh Newman
Person
Let us, Mister Bramble, answer that question. Let's return to civility here.
- Seth Bramble
Person
I'll just answer with a quote from our first partner.
- Scott Wilk
Person
Okay, we're done. Can I finish speaking? No. No, you. No, because you're not adding Senator, welcome. Let him hold it. Mister chair. Hold it. We want to get out. We want to get out of here and I just. He's wasting everybody's time. I do have one question for Miss Friday.
- Josh Newman
Person
Well I'm chairing this. Okay, so Mister Bramble, briefly, just wanted.
- Seth Bramble
Person
To briefly quote our first partner. Book bans harm all children and youth, diminishing communal empathy and serving to further engender intolerance and division across society. We Californians believe all children must have the freedom to learn about the world around them. So when you talk about banning books in California, we're urging you no and that's not the California way.
- Josh Newman
Person
All right, Senator, Will. Your question. You said you had another question for the witness.
- Scott Wilk
Person
And the answer is no. Okay, good. Then that's fine. You just had to say no. Sure.
- Josh Newman
Person
Please go ahead, Ms. Lee.
- Unidentified Speaker
Person
So, I know you don't trust anybody, because I've been here all day.
- Scott Wilk
Person
Yeah.
- Unidentified Speaker
Person
So we've never met. We're going to have a fun time here because it depends how you define. Some people are going to say, no, there are no such things as books being banned because they still exist in libraries. So let me do a little thing here.
- Scott Wilk
Person
That's a good question.
- Unidentified Speaker
Person
So let's do this. So I'm going to tell you how pen America defines a ban, okay? So if you can walk into a library on a Monday and you can check out a book, but then somebody comes and they say, I object to that book, and that book's held, it's removed from the shelves, maybe pending review. That review can take a day. That review can take a month. That review can take six months to a year.
- Unidentified Speaker
Person
But that book, while it's under review, nobody can access it. We call that a ban because you were freely ready to. You could access it, but now you can't access it. Now you still can get it on Amazon, and you can still get it in a bookstore. So some people say, well, that's not a ban because you can still get the book somewhere. But guess what? A kid who maybe the only source of a book they can get is their school library.
- Unidentified Speaker
Person
They can't get to that book. Right? So we call that a ban. Right?
- Scott Wilk
Person
Okay. Yeah.
- Unidentified Speaker
Person
So you get what I'm saying here, right?
- Scott Wilk
Person
That's a good answer.
- Unidentified Speaker
Person
So, in California, whether it's a school library or a public library, there have been instances of books being challenged anywhere between, you know, like in Huntington Beach right now, there are hundreds of books that have been removed from the shelf because of a City Ordinance passed there. And there are hundreds of books that are currently being held under administrative review right now. And this ordinance, SB 1435, is a lot like that ordinance right now.
- Unidentified Speaker
Person
This book, Everybody Poops is one of those books because it could potentially be considered obscene. Because on its pages, it has anatomically correct tushies on it. Right? Because it could be obscene.
- Scott Wilk
Person
So this meet the three pronged pillar standard.
- Josh Newman
Person
It probably doesn't so. Probably doesn't.
- Unidentified Speaker
Person
So that's what we're trying to avoid here. People. Who gets to decide.
- Josh Newman
Person
We, this Committee, get to decide via vote, hopefully.
- Scott Wilk
Person
Okay, so all those are answers I'm happy with. Those answers because I just pulled up something on the Internet. But again, I don't trust the Internet. And that's why I didn't mention they're all books that I read when I was in school that now allegedly are banned. But I don't even know if that's true. So I got a question for you, Miss Friday, because clearly this bill's not getting out today.
- Scott Wilk
Person
So all this Bill does is bring the harmful standard and take it from the penal code to the education code. What would stop parents or anybody from applying the penal code now to school?
- Erin Friday
Person
Because parents don't have a right to make a criminal claim against a teacher. Only the DAs do. So parents do go to school boards and they do read these books aloud and they are censored at the school board. They turn off the microphone because the books contain such offensive material, but they are left in our school libraries for our children to look at without their parents knowledge. And we're not changing any standards. Again, harmful materials have been in our laws for 30 some years.
- Erin Friday
Person
This description, we're just moving it into the education code. So the most egregious books, the books that I brought will not be available to tender age children.
- Scott Wilk
Person
All right. Well, I appreciate that answer. And with that, sir, I'm done. Thank you. And I will move the Bill.
- Josh Newman
Person
Thank you. I appreciate that. Let me just. To close this out. To close this out. And we. Yeah, I'm sorry, Senator Cortese, please, do.
- Dave Cortese
Legislator
I want to preempt you. Concluding, making concluding remarks. I want to thank the author for reaching out, working so hard on the Bill, offering me the opportunity to, you know, to offer amendments. Although, although I think the discussion was, you know, in the busiest part of the year, and so just very recently, so I didn't have an opportunity to do that. I, I think, I actually think that there's a very, very narrowed version of making an Ed code standard the same as a federal standard.
- Dave Cortese
Legislator
But you're not going to get me to give people a private right of action to bring criminal charges against a teacher or, for that matter, to seek declaratory relief for violations. Those are some of the things in the Bill that I would, in the analysis that I would have objected to or said if a sit down meeting during interim recess or two months ago maybe offered as suggestions.
- Dave Cortese
Legislator
As a former school board member, the problem with the definitions that we're trying to apply to these individual books is that even the court that set forth the definition itself famously said that it's subjective, that Justice Potter Stewart's famous line I can't define any further than this standard that everyone's been repeating, which materials are pornographic and which aren't. But I would know it when I know it, when I see it. That means each one has to be taken individually.
- Dave Cortese
Legislator
And we're here before a body at the State of California trying to apply on a few examples, you know, this broad definition. There are other ways to remedy these situations.
- Dave Cortese
Legislator
Years ago, as an East Side Unit High School District board Member, large High School District in Northern California, we had the issue of whether brought before us, contentious about whether or not we should ban the book Huckleberry Finn, because kids were being told to read it out loud, including the racial slurs in that book, particularly the n word. Ban or don't ban? Ban or don't ban. We came out with an opt out policy, parental rights.
- Dave Cortese
Legislator
If a parent wants their children not to be in that classroom, not to be involved in an oral reading of that book, they could, but the books still remain in the library. There are ways more, I think, surgical, narrow, nuanced ways to deal with the issue again, time being constrained today. It's been an interesting discussion. I just wanted to acknowledge the author for tackling an issue. I think there's an issue out there that continues to need to be tackled, and you're trying to tackle it.
- Dave Cortese
Legislator
I just can't today support some of the things that are in the Bill in terms of the remedies that are involved here, legal remedies, for a lot of reasons, they go too far for me. So thank you, Mister chair, for the opportunity to speak, and I'll turn it back over to you.
- Josh Newman
Person
Of course, thank you, Senator. You actually touched on a number of points that I'll make. I'll make them briefly. Right. So the, I actually agree. I think this is an important conversation. So I will not only thank the author for being collaborative and collegial, but to both Miss Friday and Senator Ocho Bogh, I want to acknowledge that your intent is honorable here. Right. Because this is part of a larger conversation that will go on well past this Bill, irrespective of the vote.
- Josh Newman
Person
And I think it's important that we have it right. And I think we'll continue to have it in this forum, as in other places, but especially in this forum. So, you know, the question at issue here is, do we need a state statute that governs, you know, appropriateness? And I think there's the first question you ask, and we talked about is, would such a statute do more good than harm?
- Josh Newman
Person
I think some of the witnesses here fairly convincingly argued to the contrary, that there would be correlated effects that probably should be really concerning and should be considered. And the first is the invitation litigation, no small thing, especially given what we've seen in other parts of the country. And then, you know, debatable. But again, the prospect of criminal liability, which, if nothing else, will have a chilling effect on librarians and others who make decisions around textbooks in schools.
- Josh Newman
Person
And again, to be clear, this is about schools and not libraries in general. But I will, you know, I'll acknowledge the material cited by Miss Friday would obviously strike many as both offensive and inappropriate. But, you know, there's, the larger question is, are they the exception? Do they justify a new rule? And against that, are existing processes not sufficient? And if not, what do we believe is the solution, especially if we believe in local control? Right.
- Josh Newman
Person
You know, there are provisions at the school board level to remove inappropriate materials from schools in place now. And so, again, I commend you for, you know, instigating this conversation today and for your work prior to it. I'm going to abstain on the Bill simply because I do believe that there are more problems generated here than the prospective solution. But again, we'll probably continue this discussion one way or the other. And with that, I know, Senator Wilk, you often moved the Bill.
- Josh Newman
Person
We have a motion from Senator Wilk. Would you like to close, Senator Ochoa-Bogh?
- Rosilicie Ochoa Bogh
Legislator
Certainly. I just want to. First, before I finish closing, closing, I want to talk about the criminal charges that was brought up.
- Josh Newman
Person
This is your close.
- Rosilicie Ochoa Bogh
Legislator
So I specifically amended the Bill to ensure that there would be no criminal penalties as outlined in Section Two, subdivision c of the Bill. If we need more clearly to need to spell out the language, then by far, we can work toward that point. We also wanted to specifically list out in subdivision D that instead of criminal penalties, parents, guardians and school districts residents can fire a civil injunction. So there is no room in this Bill for criminal charges.
- Rosilicie Ochoa Bogh
Legislator
It also provides a protection that any book serving a legitimate scientific, literary, or artistic purpose to minors cannot be removed. And under the protections protected peeps, we can't discriminate. Moocs cannot be removed or banned if they come from a protected class. This Bill specifically gives guidelines in state code that we already have outside protecting our kids. Anyone that argues that what protections we have outside of school should not be included within our school system has to rethink that mindset.
- Rosilicie Ochoa Bogh
Legislator
Let me end right now that we continuously have resolutions supporting, promoting, bringing attention to sexual violence, the need for healthy relationships, the fact that we have bills coming through because our STD's are going up. We have so many illnesses, behavioral health, addiction problems in our society. And then we wonder why. Why are we having all of these issues around so many things that we're trying to fix in this Legislature?
- Rosilicie Ochoa Bogh
Legislator
We can put band aids, or we can start looking at the issue and start investigating and asking the questions as to why and what is the root of those problems. It is scientifically proven that the exposure to harmful material at early ages contributes to additional mental and behavioral health issues, including addiction and impulsive decision making.
- Rosilicie Ochoa Bogh
Legislator
When it comes to the future of California, we need to start acting now, not keep continuing with resolutions saying that we support all of these things, trying to give the tools to our children to be able to do everything that this body has already enacted. Those are all band aids. They're not fixing the issue at the root. SB 1435 simply updates statewide standards for school libraries that protect our youngest students.
- Rosilicie Ochoa Bogh
Legislator
I hope that everyone in this Committee and in the public will read the language of the Bill. Read the language. And for these reasons, I respectfully ask for an aye vote.
- Josh Newman
Person
Thank you. We have motion for Senator Wilk. Madam consultant, please call the roll.
- Committee Secretary
Person
File item six, SB 1435, Ochoa Bogue. Motion is do pass to Senate Judiciary Committee. [Roll Call]
- Committee Secretary
Person
[Roll Call]
- Josh Newman
Person
Thank you, sir. That measure is out, seven votes to zero. Thank you. And so thank you, everybody. Long hearing. Productive. Thank you to staff, especially to those who made this go so smoothly. This.
Bill SB 939
Educational equity: schoolsite and community resources: neurodivergent pupils.
View Bill DetailCommittee Action:Passed
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