Senate Standing Committee on Education
- Unidentified Speaker
Person
[Background]
- Josh Newman
Person
Senate Committee of Education will come to order. Good morning, everybody. There are 21 bills on today's Committee agenda. However, item number eight, AB 2254 by Assemblymember Rubio, has been pulled by the author. Eight bills are on consent. Let me list them.
- Josh Newman
Person
They are as follows. Item number two, AB 2500. Item number three, AB 2931. Item number four, AB 2080. Item number five, AB 2096. Item number 10, AB 2320. 317. Item number 11, AB 2350. Item number 17, AB 2821. Item number 20, AB 3067. Today's hearing.
- Josh Newman
Person
Witnesses will be asked to limit the testimony to two minutes, two minutes apiece to ensure the Committee is able to complete today's agenda in a timely fashion. .., we're going to begin as a Subcommitee with the first Bill. But before I do that, let me salute the shadow chair, Senator Wilk.
- Josh Newman
Person
This is actually Senator Wilk's last regular hearing of this Committee. I don't know if that snuck up on you, but we owe you a debt. Makes us sad, too. We owe you a great debt. You've been a wonderful Member for longer than I've been a Member. So if you'd like to say a few words. You do not.
- Josh Newman
Person
He will save those words for extemporaneous speech during every single bill as we have come to know it. So, nothing to add? At least not. Okay. Appreciate it. But actually, I do. A round of applause for this fine Senator right here. I understand he's a man of few words, so first in order, we have AB 1142. Assemblymember, welcome. You may begin when ready.
- Mike Fong
Legislator
Good morning, Mr. Chair and Senators. Assembly Bill 1142 will extend the sunset date for the Civic Center Act at community colleges from January 1, 2025 to January 1, 2030. The Civic Center Act was enacted in 2014 to ensure that structures and facilities built with public funds are accessible to the public for uses beyond schooling.
- Mike Fong
Legislator
Community colleges are currently authorized to offer the use of facilities and grounds to a variety of organizations using a fair market, fair rental value methodology. However, the authorization is set to expire on January 1, 2025. Assembly Bill 1142 extends the sunset date by five years.
- Mike Fong
Legislator
This will ensure that nonprofit organizations and clubs and organizations that have activities for athletics, for youth, for charitable purposes, or the civic wellbeing of our community can continue to use the college facilities and grounds at minimal to no cost until January 1 of 2030.
- Mike Fong
Legislator
With me to testify in support of this measure is Linda Vasquez, assistant vice chancellor for state and federal relations at the Community College Chancellor's Office.
- Josh Newman
Person
Ms. Vasquez, welcome. You have two minutes.
- Linda Vasquez
Person
Good morning, Chair Newman and Members of the Committee. I'm pleased to be here today to testify in support of AB 1142. Local governing boards are authorized to allow nonprofit organizations, clubs, and other associations to use their facilities at no cost.
- Linda Vasquez
Person
In 2014, then Assemblymember Scott Wilk championed AB 1906, the Civic Center Act, to enable community colleges to charge a fee to community organizations to use their campus facilities. AB 1906 prohibits those fees from exceeding the direct cost of use or the fair rental value for the facilities. This is a good thing.
- Linda Vasquez
Person
Colleges have welcomed the flexibility which has made it possible to open their doors to community organizations while also allowing them to cover the cost of maintenance, repairs, and janitorial staff time. Our Board of Governors adopted regulations that specify proportional costs that a district can include in their fees.
- Linda Vasquez
Person
The Civic Center Act helped more community colleges use their community college facilities without facing deep financial challenges, especially under-resourced organizations. But without the extension of the Civic Center Act, that flexibility goes away.
- Linda Vasquez
Person
Colleges will no longer be able to charge a maintenance fee for use of facilities, which means that they will have to absorb staff and maintenance costs. Additionally, our board will likely need to revise its regulations and guidance on allowable costs associated with loaning those facilities, as shared by Assemblymember Fong.
- Linda Vasquez
Person
This bill requests approval from the Legislature to extend current implementation of law by extending it for another five years. If you're asking why five years? It's fairly common for there to put a sunset date on legislation.
- Linda Vasquez
Person
In fact, several of our programs expire every five years, and when it is time to renew them, we respectfully come to the Legislature to request an extension. And so today, we're grateful to have Assemblymember Fong request an extension for this effort. With that, I respectfully request your support of AB 1142.
- Josh Newman
Person
Thank you very much. Do we have any other witnesses in support of this measure? If so, please come forward. Any witnesses in opposition of this controversial measure? Seeing none, let's come back to the dais. I'd be surprised if the original author has something to say here. I understand you're very shy.
- Scott Wilk
Person
Well, I appreciate the shout out, but the full title of the legislation is the Scott Wilk's Civic Center Act.
- Josh Newman
Person
Yes, the Scott Wilk's Civic Center Act. There you go.
- Scott Wilk
Person
Anyway, yeah, we did this because of all the controversy before, and it was unfair to put on the taxpayers deferred maintenance costs for organizations that use it. So it's probably my stellar piece of legislation in my 12 years here.
- Josh Newman
Person
Nobody laughed. Everybody took that totally at face value.
- Scott Wilk
Person
Maybe like the first time ever. But anyway, so, yeah, thank you for doing this and keeping my legacy alive. I really appreciate that.
- Mike Fong
Legislator
Appreciate you.
- Scott Wilk
Person
Hopefully you're here long enough, you can reauthorize in five years.
- Josh Newman
Person
And erase the specter.
- Scott Wilk
Person
I'm happy to make the motion when we have a quorum.
- Josh Newman
Person
And I'm happy to support the measure when we have a quorum. If you'd like to close.
- Mike Fong
Legislator
Thank you so much, Mr. Chair and Senators. Respectively ask for your aye vote.
- Josh Newman
Person
Thank you. So in the absence of a quorum, we will take that up when we do have one. Thank you, Ms. Vasquez. Thank you, Assemblymember Fong. Welcome to my Vice Chair, Senator Ochoa Bogh. Assemblymember Chen, welcome.
- Phillip Chen
Legislator
Thank you so much for your time, Mr. Chair. It's always a privilege and a pleasure to be here.
- Josh Newman
Person
It is our privilege.
- Phillip Chen
Legislator
And also, I want to thank Senator Wilk for all that you've done throughout the years. You are the walking buddha of all things good.
- Phillip Chen
Legislator
When I look in the mirror, I ask myself, what would Scott Wilk do? And then I act accordingly.
- Josh Newman
Person
Don't we all?
- Phillip Chen
Legislator
Even better. So again, thank you, Mr. Chair, for allowing me to present AB 3167. Under current law, many nonprofit universities fall in the same regulatory category as vocational schools.
- Phillip Chen
Legislator
This important law established protects students from predatory institutions now has an outsized effect on institutions that merge with California schools such as Northeastern University and Mills College.
- Phillip Chen
Legislator
While this important law protects against fraud that could lead to loss of students' tuition and fees, it no longer serves students attending certain highly qualified institutions that remain committed to educating California students.
- Phillip Chen
Legislator
As more colleges and universities merge, highly qualified nonprofit institutions with approval to operate in California should not be required to submit students to a burdensome regulations and restrictions based on bureau rules that were established for more risky institutions.
- Phillip Chen
Legislator
Currently, students attending nonprofit universities regulated by the private post secondary bureau must declare a course of study before beginning courses. Students must also pay a fee known as the Student Tuition Recovery Fund. Students attending private universities are exempt from bureau regulation and are not required to declare a major or pay what we call the STRF.
- Phillip Chen
Legislator
AB 3167 offers highly qualified institutions an alternative approval pathway when maintaining bureau oversight and safeguard for students. This bill ensures important safeguards are in place.
- Phillip Chen
Legislator
To be considered highly qualified, institution must be nonprofit, not have operated for profit in the last 20 years, awarded at least 500 degrees per year, be accredited for at least 10 years, and the board of directors must not have equity interest in the accrediting agencies.
- Phillip Chen
Legislator
Here to testify, we have Renée Jadushlever of Northeastern University, Alex Graves of AICCU. We also have Mike Ferrari of Northeastern University for any technical questions. Thank you.
- Renee Jadushlever
Person
Thank you, Chair Newman and Committee Members. My name is Renée Jadushlever. I am Vice President for Campus Administration and Strategic Initiatives at Northeastern University, Oakland.
- Renee Jadushlever
Person
Prior to joining Northeastern for 31 years, I served in a variety of leadership roles at Mills College, an historic private liberal arts college and leaders on issues of equity, social justice, and women's leadership. Founded in 1898, Northeastern University is a comprehensive, nonprofit, global research university and the recognized leader in experiential learning.
- Renee Jadushlever
Person
In July of 2022, Mills College merged with Northeastern, joining Northeastern's network of 13 campuses across the United States, Canada, and the United Kingdom, including a campus offering graduate programs in San Jose, which opened in 2015.
- Renee Jadushlever
Person
Under current law, high quality nonprofit institutions that maintain a physical presence in California but which are headquartered outside the state, such as Northeastern, fall into the same regulatory category as private, for-profit institutions and vocational schools offering short term training programs.
- Renee Jadushlever
Person
The intent of AB 3167 is simple, to streamline the process for oversight from the Bureau of Private Postsecondary Education for high quality nonprofits like Northeastern, but only when those institutions meet rigorous quality standards, protect students, and maintain consumer safeguards. Importantly, the bill would eliminate requirements under current law that impede student academic progress for California students.
- Renee Jadushlever
Person
For example, at comprehensive nonprofit research universities, academic exploration and discovery are the hallmark of an undergraduate education, particularly during the first year. The bill would correct the practice of requiring students at such institutions to enroll in a degree program before they have decided on a major and career pathway.
- Renee Jadushlever
Person
Additionally, the bill would ease administrative burdens and reduce delays for new program approval so that highly qualified nonprofits can respond quickly to market demands and meet the needs of California employers for skilled talent. Thank you for your consideration. I respectfully request your aye vote.
- Josh Newman
Person
And thank you. Good morning, Mr. Graves.
- Alex Graves
Person
Good morning, Chair and Members. Apologies for coming running. I have the privilege of getting to be in two places at once this morning. Alex Graves here on behalf of AICCU and our 89 member institutions, all of which are private, nonprofit, accredited colleges here in the state California.
- Alex Graves
Person
While our members are exempt from BPPE, we do appreciate and value the important role they play in providing strong consumer protections and safeguards for students here in the state. With the changing higher education landscape, we believe this bill makes some modest but important changes to address some unique issues that Northeastern has highlighted.
- Alex Graves
Person
And we believe that even with this legislation that's put forward, there are still again those strong consumer protections for students in place through the bureau's role. So with that, I would just say thank you and ask for your support.
- Josh Newman
Person
Thank you. Any other witnesses in support here in the hearing room? If so, come forward. Seeing none. Any witnesses in opposition? Welcome.
- Barrett Snider
Person
Mr. Chair and Members. Barrett Snider, on behalf of the Institute for College Access and Success. Raise some issues with the bill in BNP earlier in the week. My colleague David Nevin, we've communicated with staff. You have our letter, we've talked to the author. Have a commitment to work on that over the summer. Just wondered. We're kind of opposed unless amended position. We're going to work on it over the summer. And thanks for your willingness to do that. Thank you.
- Josh Newman
Person
I appreciate that. Any other witnesses in opposition? Any tweeners? Seeing none. Thank you, Mr. Snider. Back to the dais. Questions? Comments from my colleagues? Okay, you're good. We still don't have a quorum. If you'd like to close.
- Phillip Chen
Legislator
Thank you, Mr. Chair. I also want to thank our witnesses and also our opposition. We are working closely on alleviating some of the concerns that they have. And I believe that we can come to a consensus before summer recess.
- Josh Newman
Person
Thank you, Senator. Before or during? Thank you. I'm glad to support it. We'll take a motion when we do have a quorum. Thank you to the witnesses. Thank you, Mr. Graves. Well done. You can run from here. Next up I see Assemblymember Ramos, welcome. You are presenting AB 2711. You are welcome to proceed when ready.
- James Ramos
Legislator
Thank you, Mister Chairman. Senators, I want to thank you. And I would start off by accepting Committee amendments which ensure that students who seek out help for their substance use are not punished. AB 20711 brings up brings us a step closer to supporting our youth who may be struggling with substance use.
- James Ramos
Legislator
It aims to be proactive rather than reactive when addressing these issues. It makes the crucial move of ensuring students are offered supportive services, providing a much needed lifeline for those who may be struggling.
- James Ramos
Legislator
The numbers show that the status quo of resorting straight to suspension is negatively affecting our youth, especially boys social economically disadvantaged students and youth of color. In order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.
- James Ramos
Legislator
With me today to testify is Lucian Mordecai with the Sacramento Youth Action board and Danny Theracial. With the California Youth Empowerment Network.
- Josh Newman
Person
Welcome to the witnesses. You each have two minutes. Please proceed.
- Danny Thirakul
Person
Good morning, chair and Committee Members. My name is Danny Thirakol, public policy coordinator for the California Youth Empowerment Network, also known as Cayenne, and we are proud co-sponsors of AB 20711.
- Danny Thirakul
Person
Kyan is a transitional age, youth led, or tay led organization dedicated to empowering youth ages 15 to 26 across the state to influence and create mental health and behavioral health policy that directly affects them.
- Danny Thirakul
Person
We have a program called the IAM Collaborative that empowers LGBTQIA and BIPOC Tay to advocate for substance use prevention through social change campaigns and advocacy through art.
- Danny Thirakul
Person
In Sacramento and Los Angeles, we have talked directly with youth with lived experience of substance use challenges in all corners of our state about how we can better support them, and the consensus is clear. Our youth want help and support.
- Danny Thirakul
Person
They want to be able to confide in their community or school and receive support and services, but fear punishment for disclosing their substance use. Under current law, youth are subjected to discretionary disciplinary policies in schools that disproportionately impact youth of color.
- Danny Thirakul
Person
The California Department of Education reported that 83% of drug related suspensions are of socioeconomically disadvantaged students and 83% of those suspended are youth of color. These punitive policies do not provide a safe and supportive environment for youth to step forward and ask for help. In fact, they do the opposite.
- Danny Thirakul
Person
They cloak us in fear and push youth away, further stigmatizing the issue and making matters much, much worse. The current use of suspensions and expulsions to address substance use has lifelong implications. Suspending our youth isolates them from school resources, instructional time, and their support system.
- Danny Thirakul
Person
This often leads to continued substance use and can result in justice system involvement well into their adult lives, perpetuating the school to prison pipeline. AB 20711 empowers our youth to be able to ask for help without those repercussions, ensuring our schools can connect our youth with the support and services they are asking for.
- Danny Thirakul
Person
We ask for your support today on AB 20711 which will support youth in California struggling with substance use.
- Josh Newman
Person
Thank you. Thank you very much. Next witness good morning.
- Unidentified Speaker
Person
My name is Lucian Mordecai and I'm part of the Sacramento Youth Action Board. I'm a queer young person in recovery. At the age of 14, I sought refuge in sepsis during an era of profound personal struggle. High school. Reflecting on the past decade, I recognize a pattern that I see too often, a failed system.
- Unidentified Speaker
Person
Sadly, the interventions to address my actions were intimidating, devoid of nurturing support and furthered my reliance on substances. The consequences I faced cause shame, guilt, and isolation. The system's failure to recognize the true issue, that of its own flood, responds to the plight of young people like me. It was glaringly apparent.
- Unidentified Speaker
Person
It's undeniable a reality that youth who are people of color, LGBTQIA, unhoused, or within the foster system, bear the brunt of punitive measures related to substance use. These intersectionalities amplify their suffering.
- Unidentified Speaker
Person
Yet this critical lens is frequently ignored or silenced when in discussion navigating through multiple layers of systematic oppression, they face the challenges associated with substance abuse as well as disproportionately severe disciplinary actions. Our advocacy must be infused with empathy and commitment to equity, ensuring that our youth are met where they are at with care rather than condemnation.
- Unidentified Speaker
Person
Together, we can dismantle the barrier to healing only by truly listening to the youth that are our futures. Too many of my friends, peers, and loved ones have been lost to a system that masqueraded punitive measures of support, leaving behind so many dreams that should have flourished into beautiful futures.
- Unidentified Speaker
Person
I refuse to stand by and watch as more youth are pushed into jails, institutions, or deaths because of a flawed system. Substance use is a reality that cannot be ignored, a persistent challenge that demands our attention and compassion. It isn't something that will disappear, and our youth will continue to face it.
- Unidentified Speaker
Person
They need our unwavering support and our willingness to trust, truly listen, and understand the depth of how they feel. Through Bill 20711 I believe we may start to provide the kind of support that empowers our youth to thrive into the futures they so rightfully deserve. Thank you.
- Josh Newman
Person
Thank you. Any other witnesses in support? If so, please come forward with your name, organization, your position. Good morning.
- Kelly Brooks-Lindsey
Person
Kelly Brooks, on behalf of the County Health Executives Association of California here in support.
- Clifton Wilson
Person
Thank you. Clifton Wilson, on behalf of the California State Association of Psychiatrists and Support. Thank you. Thank you.
- Rachel Bhagwat
Person
Rachel Bhagwat with ACLU California Action in support.
- Josh Newman
Person
Thank you.
- Anna Ioakimedes
Person
Ana Iokimevi's on behalf of Los Angeles Unified School District in support.
- Josh Newman
Person
Thank you.
- Pamela Gibbs
Person
Good morning, Mister chair and Senators Pamela Gibbs, representing the Los Angeles County Office of Education and we support the Bill.
- Josh Newman
Person
Thank you.
- Lizzie Cootsona
Person
Good morning. Lizzie Cootsona here on behalf of the California Academy of Child and Adolescent Psychiatry. Proud co-sponsor thank you.
- Josh Newman
Person
Thank you.
- Adrienne Shilton
Person
Good morning. Adrienne Shilton with the California Alliance of Child and Family Services. Proud Cosponsor thank you. Nora Lynn with Children Now, proud co-sponsor thank you.
- Gia Chan
Person
Gia Chen, on behalf of the California Consortium of Addiction programs, and professionals and strong support.
- Josh Newman
Person
Thank you.
- Ella Connolly
Person
Good morning. Ella Conley, on behalf of San Diego and Oakland Unified aid support.
- Josh Newman
Person
Thank you.
- Paige Clark
Person
Good morning. Paige Clark with the National Center for Youth Law and strong support.
- Josh Newman
Person
Thank you.
- Jamie Cohen
Person
Janine Cohen, parent to high school students and part of Berkeley families for collective liberation, in support.
- Josh Newman
Person
Thank you.
- Unidentified Speaker
Person
Candice Youngblood, I'm in support. Public school teacher thank you. Harris Taylor, Berkeley Unified School District public education teacher, in support.
- Josh Newman
Person
I'm sure I couldn't hear you.
- Charis Taylor
Person
Caris Taylor, Berkeley Unified special education teacher, in support. Thank you.
- Ann Wolf
Person
Ann Wolf, educator and Berkeley parents for Collective Liberation, in support.
- Josh Newman
Person
Thank you.
- Unidentified Speaker
Person
Berkeley parent and part of the Berkeley families for Collective Liberation, in support of that.
- Josh Newman
Person
Thank you.
- Nicole Wordelman
Person
Nicole Wortleman, on behalf of the Children's Partnership in support, thank you.
- Josh Newman
Person
Miss Wordleman. Do we have any witnesses in opposition? Any opposition here? Seeing none. Let's come back to the dais. Questions, comments, colleagues on the measure. Senator Ochoa Bogh, thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you for bringing this measure forward. I do have a question with regards to, I absolutely sympathize with the idea that if a student is seeking help that I don't know of any school, I don't know, maybe you have the data.
- Rosilicie Ochoa Bogh
Legislator
I don't have the data of schools actually suspending students or expelling students for having these substances on hand. Do we have data that shows that we have school districts that if a student is seeking help, that they are being expelled or suspended?
- James Ramos
Legislator
This Bill would put forward that stipulation that if a student is asking for help, that they can't be then suspended or expelled for seeking that treatment. Early on in the Bill on the Assembly side, we got into different debates and we took some Committee amendments to clarify some of those changes.
- Rosilicie Ochoa Bogh
Legislator
Okay. Because I just, I was just kind of curious. We're very data driven in the Legislature, so I was just wondering whether or not we actually had record of school districts actually suspending students for seeking help, admitting that they have an issue or themselves, and seeking help and being expelled. I don't know if we have the data.
- Rosilicie Ochoa Bogh
Legislator
Do we have. I'm not sure if the Committee knows or not, but, so that was my question. And number two, the concern that I would have is if a student is doing something wrong, I mean, pretty heavy at school.
- Rosilicie Ochoa Bogh
Legislator
I can't think of an example right now, but if they're doing something, say illicit or something that is dangerous at the school campus, can a student use this as a measure to avoid getting in trouble and being redirected to get help and resources, which ultimately is what we want them to do.
- Rosilicie Ochoa Bogh
Legislator
But will this be used basically as a, quote, unquote, cop out from getting in trouble?
- James Ramos
Legislator
So part of the data does show that over 70% of adults that are addicted to some type of form of substance abuse, alcoholism and other things, started off at an early age in k through 12.
- James Ramos
Legislator
This is a proactive measure to start to seek those resources and get them the resources they need if they so choose to come forward and say they have an issue with some substance abuse.
- James Ramos
Legislator
As far as the component in the Bill that now is amended out, we'll be working with that next year that dealt with different liabilities and different areas in there. What can be suspended and what couldn't be with different substance like fentanyl and those things.
- James Ramos
Legislator
This is purely trying to be proactive to somebody that's seeking support from the school system to be able to be afforded that resource in front of them. It's not meant to be a preventive measure for someone to not be able to be expelled, but they can't be expelled for purely asking for that help.
- Rosilicie Ochoa Bogh
Legislator
And I absolutely, I absolutely understand that point.
- Rosilicie Ochoa Bogh
Legislator
I'm just, you know, kids are very smart, people are very smart, and I just want to make sure that we understand that there could be a potential that if a student does something wrong, they could say, well, you know, I have a problem with alcohol or drugs, I need help and therefore not be accountable to their actions.
- Rosilicie Ochoa Bogh
Legislator
That's the concern that I want to express because I know a lot of teachers, especially in high school, are very frustrated that they don't have a lot of tools in order to exercise discipline and acknowledge some of the behaviors that are happening in the classrooms.
- Rosilicie Ochoa Bogh
Legislator
High schools are very different from when you and I went to school, and teachers are challenged with a lot of behaviors that really are very disruptive.
- Rosilicie Ochoa Bogh
Legislator
So I just want to make sure that we all understand that this well intended could also have consequences in which people could, or students in this case, could use it to get away with behaviors that are not, that are disruptive. I'll just put it that way.
- James Ramos
Legislator
Well, thank you for that and for your question. This is meant to be proactive, even if it saves one youth from going down that track of addiction as an adult. We're doing our part as a State of California. It's time that we start to be more proactive.
- James Ramos
Legislator
And on the other side of the coin, if someone is using it for that sense to move forward, isn't it worth it here in the State of California for our youth to be able to have a voice to say I need help, and get them the services they need early on, rather than dealing with the 70% that's out there that's addicted to substance abuse, alcoholism that started off at a young age.
- James Ramos
Legislator
I think this Bill starts to bring that balance back into play.
- Rosilicie Ochoa Bogh
Legislator
I absolutely agree with you on that end. I just want to make sure that we understand what that. And that's why I was asking.
- Rosilicie Ochoa Bogh
Legislator
My first question was with regards to the data as to whether or not we actually have school districts that were known to expel students or suspend students for seeking help, with regards to disclosing whether or not they're addicted. That's why my first question and then my follow up question to that, this.
- James Ramos
Legislator
Bill would make it so that someone that is seeking help cannot be expelled or suspended for purely seeking that help.
- Josh Newman
Person
Appreciate that. Any other questions, Senator Wilk, anything? Let me add. I mean, I think it's a testament to the Bill that there were so many school related entities here, PTA's, school districts, etcetera, which speaks, I think, to the validity of the objective here. So I appreciate that. I'm glad to support the Bill when we have a quorum.
- Josh Newman
Person
We do not yet, but we'll take up a motion when we do. If you'd like to close the.
- James Ramos
Legislator
Thank you. Thank you for the questions from the dias. Truly look forward to your support and I ask for you aye vote on this Bill when it comes forward.
- Josh Newman
Person
Thank you. Thank you to the witnesses. And we'll take that up when we have a quorum. Next, I see Assemblymember Soria. Welcome. Good morning. I understand you had some traffic issues. You have made it through and welcome. You'll be presenting AB 2104 at your ready. And welcome to your witnesses.
- Esmeralda Soria
Legislator
Good morning, Chair and Members. I'd like to start by thanking the Chair and your staff for the hard work on this bill and helping facilitate also conversations between our office and Senator Roth's office.
- Esmeralda Soria
Legislator
I would also just upfront want to state my commitment to continue working with Senator Roth's office to reach an agreement on how both of our bills will move forward that preserves the amendments made by this Committee to SB 895.
- Esmeralda Soria
Legislator
AB 2104, which is a Latino Caucus and Women's Caucus priority, will help address our healthcare workforce shortage and improve the access and affordability of a nursing degree by establishing a pilot program allowing community college districts to establish nursing bachelor degrees. One of the most significant consequences of Covid-19 pandemic in California has been an unprecedented nursing shortage.
- Esmeralda Soria
Legislator
California is projected to be short over 44,000 registered nurses by 2030. This shortage is felt the hardest in rural areas like the Central Valley, which I represent, where we've already seen Madera Community Hospital close, in part due to its lack of available local medical personnel.
- Esmeralda Soria
Legislator
While our exceptional community college system has provided many students with an associate's degree in nursing, our healthcare system more frequently demands a bachelor's degree. While our rural students would love to complete their education at a CSU campus, they don't always have the transportation to reach these schools. And when they do, there may not be any slots left.
- Esmeralda Soria
Legislator
In particular, in my district, many in the rural communities have to travel more than an hour plus to be able to reach a state university. With housing costs and transportation costs increasing every year, this is becoming a greater burden for our students in these small rural communities.
- Esmeralda Soria
Legislator
And so what happens is that, too common, our most promising students have to uproot their lives to go to schools in other parts of the state, even out of state, and never coming back or attending closer.
- Esmeralda Soria
Legislator
When they go and attend a private university, they never come back, or they are settled with a lot of debt, because how expensive these programs are when they go to private universities. So we also know that data shows that students who are likelier to stay where they essentially get educated and trained.
- Esmeralda Soria
Legislator
And so our community colleges are the most affordable. I think the Legislature has done a tremendous job to ensure that, and they're the most accessible when it comes to higher education options for our California students.
- Esmeralda Soria
Legislator
And I will say for rural students predominantly. They are the solution, part of the solution to our healthcare workforce shortage that has been staring us in the face this whole time. The community colleges are ready to meet this challenge. All we have to do is allow them to.
- Esmeralda Soria
Legislator
So AB 2104 does this by directing the Community College Chancellor's Office to select up to 15 community college districts to participate in a pilot program or project to offer a bachelor's degree in nursing.
- Esmeralda Soria
Legislator
With me here to testify in support, I have Dr. Carol Goldsmith, the Chancellor of State Center Community College, which is in my district, and then also Vanessa Gonzalez, representing the California Hospital Association.
- Josh Newman
Person
Good morning. Who's first? Dr. Goldsmith. Please proceed.
- Carol Goldsmith
Person
Yes. Good morning, and thank you for your time and consideration on this matter. We really appreciate your time. My name is Carol Goldsmith, and I'm the chancellor of the four colleges in the Central Valley. As Assemblywoman Soria shared, Central Valley is really facing a significant nursing shortage, as is the state. But it's really been exasperated in the Central Valley. This is in an area where the population is medically underserved and has continuing growing healthcare needs.
- Carol Goldsmith
Person
The crisis is critically evident in my region, where a number of limited nursing programs have been impacted, leaving many of our young talented no other choice but to seek outside options outside our state, outside our region, or perhaps enroll in very expensive private programs, some charging up to upwards of $150,000 per year.
- Carol Goldsmith
Person
The shortage has also created a reliance on traveling nurses, which has contributed to increased costs of providing healthcare and was in part due to the closure of Madera Community Hospital.
- Carol Goldsmith
Person
We also know that the increased demand for bachelor prepared nurses at our hospitals are forcing our hospitals to not be able to meet that need, and many of our hospitals in our region are on a watch list because of that.
- Carol Goldsmith
Person
Thankfully, Assembly Bill 2104, authored by Assemblywoman Soria, aims to help alleviate these issues by establishing a pilot program that would allow community colleges to offer bachelor's in science and nursing. Community college degree programs are extremely affordable. New nurses we know that leave the private postsecondary enter into just a world of debt.
- Carol Goldsmith
Person
We know that students in our area often are first generation, often coming from impoverished homes. This just seems like an unbearable debt, a burden for these students. Allowing community colleges to offer this degree serves as an important social need. Not only will it expand educational opportunities for a broader range of potential applicants, particularly in the rural area.
- Josh Newman
Person
I'm going to ask you to finish up.
- Carol Goldsmith
Person
Sure. But it will also establish a healthcare system better to serve disadvantaged communities by enhancing the diversity of our profession. We know that California community colleges at Hallmark is serving diverse students. We know that being able to do this, we would be able to have a more diverse workforce, a more diverse population to serve. We ask that you support this bill. Thank you.
- Josh Newman
Person
Thank you. Ms. Gonzalez, welcome.
- Angelica Gonzalez
Person
Thank you. Good morning, Chair and Committee Members. Vanessa Gonzalez with the California Hospital Association, representing over 400 hospitals and health systems in California, here in support of AB 2104, and would like to thank Assemblymember Soria for her work on this important bill. As you know, California is in a healthcare workforce crisis.
- Angelica Gonzalez
Person
According to a study by UC San Francisco, California had a shortage of 40,000 registered nurses in 2021, and our members continue to report challenges finding and retaining nurses with nursing positions being open for months at a time. The challenges are even greater in underserved communities and rural parts of the state.
- Angelica Gonzalez
Person
This critical issue highlights the importance of innovative solutions. One such solution is to address the nursing shortage is by utilizing California's community colleges. Community colleges play a vital role in providing affordable, accessible, and quality post secondary education, particularly for students facing financial and logistical challenges.
- Angelica Gonzalez
Person
By expanding baccalaureate degrees in nursing to community college colleges, AB 2104 would empower more students to pursue higher education in nursing, which will help meet the demand for highly qualified nurses and hospitals and other healthcare settings.
- Angelica Gonzalez
Person
Additionally, because community colleges are affordable and serve a diverse student population, the nursing workforce will become more reflective of the communities it serves, leading to better patient care and outcomes. Finally, while the majority of hospitals do not require BSN degrees, many hospitals prefer nurses to hold baccalaureate degrees to meet accreditation and quality standards.
- Angelica Gonzalez
Person
AB 2104 will help provide graduates with more job opportunities and avenues for career advancement. For these reasons, CHA respectfully requests your aye vote on AB 2104. Thank you.
- Josh Newman
Person
Thank you very much. Any other witnesses in support, please come forward.
- Justin Fanslau
Person
Good morning, Mr. Chair. Justin Fanslau, on behalf of President Chris Vitelli of Merced College. Also in support, on behalf of the California Association of Nurse Anesthesiology and Davita. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Anna Matthews
Person
Chair and Members, Anna Matthews, on behalf of the Faculty Association of California Community Colleges, in strong support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Lorraine Smith
Person
Good morning. Lorraine Smith, Dean of Nursing at Fresno City College, in support.
- Josh Newman
Person
Thank you. Next, please.
- Anna Ioakimedes
Person
Anna Ioakimedes, on behalf of Los Angeles Unified School District, in support.
- Josh Newman
Person
Thank you.
- Ella Connolly
Person
Good morning. Ella Connolly, on behalf of San Diego Unified, in support.
- Josh Newman
Person
Thank you.
- Kelly Brooks-Lindsey
Person
Kelly Brooks, on behalf of the Urban Counties of California, the Rural County Representatives of California, and the County Health Executives Association of California, all here in support.
- Josh Newman
Person
Thank you.
- Kristian Foy
Person
Kristy Foy with Arnold and Associates, here on behalf of Fresenius Medical Care and California Kidney Care Alliance, in support.
- Josh Newman
Person
Thank you.
- Nune Garipian
Person
Good morning. Nuna Garapein, on behalf of the Community College League of California, representing the state's 116 community colleges, in strong support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Carol Gonzalez
Person
Hi, good morning. Carol Gonzalez, on behalf of Long Beach City College, in support, thank you.
- Josh Newman
Person
Thank you.
- Kasha B Hunt
Person
Hi. Kasia Hunt with Nosman here, on behalf of Citrus College, North Orange County Community College, and Mount San Antonio College, in support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Jeanine Cohen
Person
Jeanine Cohen, parent and constituent of California, in support.
- Josh Newman
Person
Thank you.
- Charis Taylor
Person
Charis Taylor, public educator at Berkeley High School, in support. Thank you.
- Josh Newman
Person
Okay. Opposition? Do we have opposition witnesses? We do. Please come forward to the table. Welcome. Each of you will have two minutes as well.
- Rehman Attar
Person
Good morning chair and members of the committee, I am Rehman Attar, the director of healthcare workforce development at the California State University Office of the Chancellor. We believe that AB 2104 won't achieve its goals and it won't add more notices into California's workforce.
- Rehman Attar
Person
To be clear, ADN to BSN programs throughout the CSU have no waiting list and accept all eligible applicants. There are numerous online programs to serve rural students. Therefore, AB 2104 will only serve to siphon off students from community college ADM programs coming into the CSU.
- Rehman Attar
Person
Additionally, AB 2104 will not create any additional nurses since it doesn't overcome core nursing educational barriers such as clinical placements and strict regulations by the states BRN, which affects all nursing programs.
- Rehman Attar
Person
Despite this, the CSU has invested in effective solutions to address these challenges through online programs, which can serve rural and non traditional students as well as partnership programs. Partnership programs increase accessibility and reduces the time of completion of both an ADN and BSN degree program from four to six years to three to five.
- Rehman Attar
Person
Partnership programs are cost effective and provide streamlined curriculums, national accreditation for community colleges, clinical placement coordination, faster pathways to graduation and built in financial support for students. 13 CSUs have partnership programs with over 35 community colleges with more upcoming and unfortunately, Fresno City College has chosen not to participate in these partnership programs.
- Rehman Attar
Person
The CSU is renowned for its excellent quality nursing education, on time completion rate, graduation rate, licensure, pass rates as well. Every CSU nursing school has NCLEX passage rates of at least 92% and above compared to community colleges 86%. Bachelor degree nursing programs are not easy to establish.
- Rehman Attar
Person
There are resource intensive initiatives that require additional faculty Administration, clinical placements, and accreditation expenses. I also urge the committee to look into the cost of community college bachelor degree programs and consider that education code currently authorizes community colleges offering bachelor degree programs to charge fees up to what the CSU charges, therefore providing no financial incentives to students.
- Josh Newman
Person
Can I have to ask you to finish up?
- Rehman Attar
Person
In sum, AB 2104 is not necessary. It is costly. It creates a precedent of duplication, which will be harmful for inter segmental effectiveness and collaborations. For these reasons, the CSU requests a no vote on AB 2104 thank you.
- Josh Newman
Person
Thank you. Welcome.
- Nicholas Romo
Person
Thank you, Chair and members Nick Romo with Career Strategies on behalf of AICCU pinch hitting today on behalf of Alex Graves, I'm AICCU, representing 89 independent nonprofit colleges and universities in the state, including over two dozen that offer nursing programs.
- Nicholas Romo
Person
Our colleges and universities are a leader in the state's production of the nursing workforce. In 21-22 our programs produce 46% of the new baccalaureate degrees in nursing in the state. And if you include advanced degrees, we're looking at over 50% of the four year and advanced degree nursing students in the state.
- Nicholas Romo
Person
We want to be clear that we welcome discussions on how the state can work to improve and expand the nursing workforce and how to meet rural healthcare needs. Our opposition is rooted in three key issues.
- Nicholas Romo
Person
The major impediments to increasing enrollments in nursing programs are really a lack of clinical placements and a lack of qualified faculty to teaching programs.
- Nicholas Romo
Person
Neither of those issues are addressed in this bill, and therefore, we do not believe that this legislation will add a single additional nursing student into the pipeline to address workforce shortages, according to that research from UCSF.
- Nicholas Romo
Person
In fact, the nursing shortage in the state is expected to be resolved in the next few years, looking at 27-28, which brings into question why we are in such a rush to expand the degree authority in this case.
- Nicholas Romo
Person
We believe this bill disincentivizes intersegmental collaboration, which have been demonstrated to provide collaborative, effective and expedited ADM, or BSN pathways for students. These programs and pipelines are already equipped with the resources, such as adequate clinical placements, distance learning modalities and faculty to teach at this level.
- Nicholas Romo
Person
Additionally, to note that the state budget includes $60 million that, among other things, supports further expansion of these models between community colleges and the four year institutions. It has been suggested that private colleges are unaffordable. On that, I would note that National University offers ADN, the BSN online program that costs $17,000.
- Josh Newman
Person
I have to ask you to finish up.
- Nicholas Romo
Person
Sure. In some in short, we believe that this bill does not address the nursing shortage. We believe the bill is a jailbreak of last sessions agreement that community colleges should have expanded baccalaureate authority.
- Josh Newman
Person
Thank you. Other witnesses in opposition please come forward.
- Ron Norby
Person
Ron Norby, Director of the School of Nursing, California State University, Dominguez Hills, in opposition thank you.
- Penny Weismuller
Person
Penny Weismuller, director of the School of Nursing at Cal State Fullerton, in opposition thank you.
- Mechelle Best
Person
Good morning. Mechelle Best, dean for the College of Health and Human Development at Cal State Northridge. Nursing is in our college. We oppose, thank you.
- Dave Hassenzahl
Person
I'm Dave Hassenzahl. I'm the dean of the College of Natural Sciences at California State University, Chico, which includes the school of Nursing. Opposed thank you.
- Celestina Barbosa-Leiker
Person
Celestina Barbosa-Leiker, dean of the College of Health and Human Development, which includes the school of Nursing at Cal State Fullerton. Opposed thank you.
- Christine Isaacson
Person
Christine Isaacson, faculty member, senator, Academic Senate for the California State University System, representing all 23 CSU campuses. We're in strong opposition of this bill. Thank you.
- Marla Seacrest
Person
Doctor Marla Seacrest, Director of the School of Nursing at Stan State, and we oppose.
- Josh Newman
Person
Thank you.
- Phyllis Salopek
Person
Phyllis Salopek, Assistant Director at CSU Chico, in opposition. Thank you.
- Elaine Musselman
Person
Hi. Elaine Musselman, director of school of nursing at San Francisco State University opposed.
- Josh Newman
Person
Thank you.
- Lisa Rauch
Person
Hi. Lisa Rauch, director of the Valley Foundation School of Nursing at San Jose State opposed.
- Josh Newman
Person
Thank you.
- Rebekah Child
Person
Hello. Rebekah Child, program director at Cal State University Northridge. We have unlimited enrollments online fall. Just putting a plug out there for all of you, even in your district.
- Josh Newman
Person
Thank you.
- Tanya Altmann
Person
Tanya Altmann, chair of the Sacramento State School of Nursing, in opposition. Thank you.
- Fay Mitchell-Brown
Person
Fay Mitchell-Brown, director of School of Nursing, CSU Chico, a rural area. We oppose this Bill.
- Stephen Filing
Person
Thank you. Good morning. Steven Filling, on behalf of the California Faculty Association, speaking in opposition. Thank you.
- Jason Murphy
Person
Good morning, Mister chair and members Jason Murphy, on behalf of the University of California, we do not have a position on this bill at this time. However, the University does offer BSN programs at both Irvine and UCLA. We are concerned about the duplication presented here. Appreciate that.
- Josh Newman
Person
Thank you. Come back to the dais, colleagues question. Comments. Senator Ochoa Bogh, go ahead.
- Rosilicie Ochoa Bogh
Legislator
Thank you, sir or Chairman? Sir?
- Josh Newman
Person
Sir is fine. Go ahead.
- Rosilicie Ochoa Bogh
Legislator
Welcome. Glad to hear this bill, and I know we've heard similar words from Senator Roth. So a couple of questions that I've been asked to put on record here. So we've heard about the challenges that occur in securing clinical placement sites for nursing students.
- Rosilicie Ochoa Bogh
Legislator
How would the community colleges address these challenges differently from what our universities already do?
- Carole Goldsmith
Person
So the bulk of the clinical sites at the hospital sites happens during the first two years of education, which community colleges already provide for the bachelor's portion. That community health requirement or practicum work is nothing at the hospital sites. A one on one practicum, it can be done in a number of community health settings.
- Carole Goldsmith
Person
It can be done with their supervisor. It's done post licensure. It does not take away any clinical sites in the traditional method of meaning clinical. Being at the hospital site, it's more of a practicum. It's a one on one.
- Carole Goldsmith
Person
Many of our adjuncts could also serve in that role to be able to be the practicum advisor during that bachelor higher ed component. So it's not the clinical sites that we often think about when we think about the juggernaut of a wit to expand.
- Rosilicie Ochoa Bogh
Legislator
Okay, so it's on the first two years, not the second year. And it could be done in alternative other than the clinical sites. So we got that addressed.
- Rosilicie Ochoa Bogh
Legislator
Does the current infrastructure of ADN to BSN and partnership programs in the state adequately support the expansion of nursing programs to meet the workforce demands for BSN graduates who graduate in a timely fashion?
- Carole Goldsmith
Person
Yeah, I would argue it doesn't. And I would think this is not a zero sum game. This is a health crisis. I think we're going to need all of our institutions working together. And it's been mentioned here that Fresno State and Fresno City is not working together. Fresno City and Fresno State is working together.
- Carole Goldsmith
Person
In fact, they're helping us with our ACN licensure. We have a number of grants together. We know that they turn away students. We turn away students. We cannot, as a state, turn away any student, the privates, the four year or the two year.
- Rosilicie Ochoa Bogh
Legislator
So it's interesting because I heard from one of the witnesses that there are currently no wait list for nursing.
- Carole Goldsmith
Person
There are. In the Central Valley. I can't speak to what the woman spoke to in Southern California or the other part, but in the Central Valley, they're not only waitlists, but we're turning away hundreds of students.
- Rosilicie Ochoa Bogh
Legislator
Okay, well, send us a data and we can look at that if you disagree. In regard to the faculty shortages, which is a huge component that we've heard in the past, not just in this committee, but in other formats of discussion, what strategies are in place to ensure that there are enough qualified faculty members to teach in both your University's and community college nursing programs?
- Carole Goldsmith
Person
Sure. So in order to be able to teach, the requirement to teach for a bachelor's program is a master's degree. Every community college faculty member also has to meet minimum quals, which is a master's degree. Our faculty are prepared to be able to meet that.
- Carole Goldsmith
Person
In addition to that, we know that it's also beneficial to have doctorate prepared nurses. We partner again with the CSU who offer doctorate degrees in nursing, which also kind of went out of the lane of the higher ed plan written back in the fifties.
- Carole Goldsmith
Person
They're putting out fantastic doctor prepared nurses, many of whom are employed at the community colleges. But again, California community college faculty must have a master's. That is the minimum requirement in order to teach at a bachelor's program.
- Rosilicie Ochoa Bogh
Legislator
So they would continue, basically, you're stating that they would continue from teaching from the associate's degree into the bachelor's degree. Correct. The same staff would do the full time. Okay. And then, so we got that covered.
- Rosilicie Ochoa Bogh
Legislator
And the last question that I have for you has to do with the accreditation with community college it's my understanding that not all community colleges are accredited. And in order to move forward with these pilot programs, will you be taking that into consideration when assigning them to certain community colleges?
- Rosilicie Ochoa Bogh
Legislator
Would our requirement be that they are accredited?
- Carole Goldsmith
Person
Sure. So all of our community college programs are accredited through ACCJC. All of our programs go through accreditation through the BRN. In order to have a bachelor's prepared program, you must have those as a minimum. The Roth Bill and I believe the Soria Bill put in an additional accreditation requirement, which is the ACN. It's a national accreditation.
- Carole Goldsmith
Person
It is not a must have, but it is a good accreditation. Many of the colleges are seeking that. My college is one of them. We also know there are community colleges now that already have that national accreditation. Again, another example of us working with our local CSU.
- Carole Goldsmith
Person
They've helped us with that accreditation and we're in candidacy right now.
- Rosilicie Ochoa Bogh
Legislator
Okay. And how long does it take for the candidacy to be completed?
- Carole Goldsmith
Person
Our last visit will be held this spring.
- Rosilicie Ochoa Bogh
Legislator
Okay. So you will be, they will be fully accredited before the pilot programs begin?
- Carole Goldsmith
Person
Correct, and there are community colleges now that have that accreditation. Delta College is one of them, and that's in the Central Valley. Okay. Thank you.
- Josh Newman
Person
Thank you, Senator. Welcome. Any questions? Comments? No. Let me ask a couple of questions, but let me note before I do that this bill overlaps substantially with Senator Ross, SB 895. And that bill has moved. And so, you know, we're talking about parallel paths.
- Josh Newman
Person
Even if this bill fails today much, the policy will proceed certainly to the appropriate step in the next house. So what we're trying to do, to the extent possible, and we've had conversations, is match these bills up so that they don't conflict. But I do want to. I want to ask a question. So it's.
- Josh Newman
Person
The assertion's been made that there's a nursing shortage. The assertions made that there is not. And so is there or isn't there? And I guess the larger point is, would this bill, if there were? My understanding is it won't. Will that meaningfully address the nursing shortage?
- Josh Newman
Person
This is about access, as I understand it, not necessarily about an increase in the number of candidates. So to the author first.
- Esmeralda Soria
Legislator
Thank you for that question, Chairman. I do believe that in the valley we are facing a much dire crisis when it comes to our healthcare work workforce. We saw this really impact the Madera community hospital when we were looking at some of the factors.
- Esmeralda Soria
Legislator
One of the issues in the closure was that 40% of the nurses hired by the hospital were traveler nurses. Not local nurses from our community. And so we want to make sure that we're tackling that issue. That's why my specific legislation was much more targeted.
- Esmeralda Soria
Legislator
I understand that Senator Roth obviously has a parallel legislation, but for me, it was very important to prioritize Central Valley.
- Esmeralda Soria
Legislator
I don't want any of my colleagues in this, you know, building to be able to experience what my community is facing right now, where we have a desert hospital because a result of the workforce shortage in our region.
- Esmeralda Soria
Legislator
And so that's why, for me, this bill has been very important in really highlighting the disparate need that exists in the valley, and that we do believe that folks that live in Huron, that it takes them well over an hour and 20 minutes to drive to Fresno State.
- Esmeralda Soria
Legislator
Students aren't moving to live in the City of Fresno because it's more expensive. They're staying at home. So their closest community college is only 20 minutes away. And so that's what this is about for me.
- Esmeralda Soria
Legislator
It's about access and equity to rural students and to make sure that we keep them in those communities so that they not only get educated and trained in those community health clinics, but actually stay and service, provide the quality care that those folks in the rural communities deserve.
- Josh Newman
Person
Appreciate that. Let me ask a question to Doctor Goldsmith. You've made the assertion I've heard before that community colleges are better suited to provide nursing instruction at a reduced cost. I've heard the opposite from the opposition, that at the end of the day, once you factor in all the various inputs, that it's not that different.
- Josh Newman
Person
So can you please elaborate there?
- Carole Goldsmith
Person
Sure. I want to hit on the diversity piece as well. If you go into the BRN website and you search for your public schools in the Central Valley and you look at the diversity, you'll find that the last year's cohort had no African American students in it.
- Carole Goldsmith
Person
However, if you look at the two year public Central Valley, you'll see that there were 45. So there's issues of diversity, there's issues of access, there's issues of cost. And I respectfully disagree with my colleague and friend sitting next to me about the cost.
- Carole Goldsmith
Person
We know that the California Community College bachelor programs that are being offered now are offered at a great reduced rate. Again, I don't think this should be a zero sum game.
- Carole Goldsmith
Person
We need all of our CSUs, we need the community colleges, and we need our privates in this very short period of time to be able to meet the need before we see more hospital closes.
- Josh Newman
Person
Okay. Appreciate that. And last. Well, let me finish. You know, I think the very valid point has been raised about the precedent as it relates to duplication across segments, which is a larger problem. And, you know, this is something that we have discussed, that we've examined.
- Josh Newman
Person
I think the legislation needs to dig into it and actually resolve to greater clarity because it is problematic. Over time, the master plan assumed a fairly sort of clear divisional labor, if you will, between the segments. And largely because of geographical and workforce needs, we're seeing that erode. I believe that is problematic. I don't.
- Josh Newman
Person
It's nobody's fault here, but I think in the future we're going to need to resolve that to some greater level of clarity. But that does play in here. Senator Ochoa Bogh, if you have a question.
- Rosilicie Ochoa Bogh
Legislator
Senator, I think I just want to make sure that everybody understands that this particular bill is limited to 10 community colleges that will be exercise this and that it will also sunset in 2031. So it's not ongoing.
- Rosilicie Ochoa Bogh
Legislator
I think at that time we can reevaluate as a state whether or not their workforce demand is still there or the shortage. I should say the shortage is still there. And whether or not this can continue, because there is a concern for some areas throughout the state that it will siphon off students from the CSU system.
- Rosilicie Ochoa Bogh
Legislator
And that's one of the concerns that I have as well, is the fact that it would create a shortage of students in the CSU, which we need as well. We need, I think we. The beauty about our CSUs, our UCs and CCs, is that they cater to different students for different needs. They're very, very distinct systems.
- Rosilicie Ochoa Bogh
Legislator
I know the state has been very. A lack, for a better word, aggressive in combining and making them all kind of similar to each other, but they do have different roles for specific students at different levels of where students are.
- Rosilicie Ochoa Bogh
Legislator
So I just wanted to make sure that we had that on record, that this does have a sunset for 2031, and the state can then reevaluate whether or not there is actually a continued need for this program.
- Josh Newman
Person
I'm sorry. Let's actually hear from the CSU in response.
- Rehman Attar
Person
I appreciate that, chair. I wanted to address first in regards to whether there's a shortage or there's not a shortage, because I think that's really important for us to address. The BRN partners with UCSF that does an annual workforce report on our nursing workforce at all levels, particularly at the BSN level.
- Rehman Attar
Person
The report has stated by 2027 that if we don't change anything and the status quo is what it is today, we will have met that need. So that's where we're getting our data from. The second aspect I wanted to address is in regards to the community health placement.
- Rehman Attar
Person
Yes, they do not occur in the hospital or a clinical setting, but even within our own universities, they are a challenge for us to receive these spots. Even if we have faculty that are able to percept them, the spots are not available.
- Rehman Attar
Person
So it's going to be a challenge that's going to equally affect the community colleges as well. And then lastly, I do want to emphasize that I did mention that none of our programs, our ADN to BSN programs, are impacted or have wait lists that is pervasive throughout our system.
- Rehman Attar
Person
And additionally, I understand that Fresno City College has partnered a lot with UC, I mean, with our Fresno state, on a variety of initiatives. Unfortunately, partnership programs aren't one of those. I believe partnership programs are very effective.
- Josh Newman
Person
But let me ask you, Fresno State actually was a witness in support, correct?
- Josh Newman
Person
Fresno City. Fresno City. Okay. Misunderstood. Please proceed.
- Rehman Attar
Person
Yeah, absolutely. We believe that partnership programs are very cost effective and efficient. I think the results that you'll see in producing more bsns will be much quicker than waiting for these BSN programs at the community colleges to be established. In essence, we need both ADN and BSN degree professionals, especially in these medically underserved areas.
- Rehman Attar
Person
Unfortunately, if we're going to take away capacities for ADN students, then produce more ADN's, then we're just not doing anything for the nursing workforce, essentially. And I think that's something that's key. And then lastly, in regards to the duplication aspect of the.
- Rehman Attar
Person
I do want to remind the committee that for our doctoral degrees, where we were pursuing that, we worked that in coordination with the UCs, and we had a strict process in regards to duplication. We think that having this sort of intersegmental collaboration as well as coordination is very important.
- Rehman Attar
Person
I think as educational institutions, we need to do a better job to leverage the resources that we already have instead of investing more resources on that to see where we can partner so we can leverage each other's unique aspects and also see which ways we can take to support students and make it more equitable for all.
- Josh Newman
Person
Thank you. But I guess, let me let the author respond. So I think one of the operative issues here is placebound challenges. Right. And that's my understanding that's what you're trying to do. And my understanding is that's what Senator. Roth was trying to.
- Esmeralda Soria
Legislator
For me, it's the access piece.
- Esmeralda Soria
Legislator
And, you know, I invite my CSU partners to come and actually listen to the stories from students in my region, one who have not been able to get into Fresno State or even up north to Stan State because of the issues of waiting list and waiting over two, sometimes even four years to get into these bachelor programs in my region.
- Esmeralda Soria
Legislator
I welcome you to come and see what Madera hospital looks like closed because we do have a significant shortage. And it's not because, you know, we don't have the nurses. The nurses are not there locally that are qualified and trained to serve in the capacity.
- Esmeralda Soria
Legislator
And so I invite them to really see what is happening in my area. Yes, our area is different than maybe some other areas that are not experiencing the shortages, you know, like we are. I will also say that the data by UCSF only tells one part of the story.
- Esmeralda Soria
Legislator
I've heard countless stories directly from the people that I serve that have been trying to get to these programs that end up having to leave out of state, also to be able to go get a bachelor's in nursing, or that end up going to a private institution and end up coming with a lot of debt.
- Esmeralda Soria
Legislator
And yes, CSU may be not as expensive, but when we are factoring costs of living and students having from rural communities, farm worker communities, just like the one that I grew up having to move to the City of Fresno to go to a bachelor's program from either a small, like fireball or Huron, the cost of living is outrageous.
- Esmeralda Soria
Legislator
And I think that for these students, I think we have to look at, think outside the box. And again, this is not a program that is a permanent program. It is a program that is specific, that I believe that in the short term will help us, especially in the Central Valley, address the needs that we have.
- Esmeralda Soria
Legislator
And my goal is that this workforce that we will have in our region that is educated and trained can actually help us reopen that Madera Hospital. And that is my number one priority, Chairman.
- Esmeralda Soria
Legislator
And so I would respectfully ask for your guys support so that in my region, we have access, we have equity to higher access of education for these students that want to pursue these health careers, to ultimately ensure that also the quality of care is provided to the communities that I represent. Thank you.
- Josh Newman
Person
Can I take that as your close? That was an awesome close. Just a few comments before we move on. Thank you to the witnesses. I'm going to support the bill today, but with misgivings for some of the reasons I think we've touched on, not least of which is this question of precedent, and it truly is problematic.
- Josh Newman
Person
I mean, you know, we've seen this in many other spheres as well. And at some point that becomes sort of the de facto policy, and it shouldn't be, but there should be greater clarity.
- Josh Newman
Person
And I appreciate each of the segments jealously protects its turf for really admirable reasons, and we often interfere with that by way of these bills. And so that's an issue. But I want to point out the reason I'm doing this. I guess there's two, as noted, there's a parallel bill. That bill is moving forward.
- Josh Newman
Person
So if I were to, if this bill were to fail today, that policy continues to move. What we're endeavoring to do is make sure that Assemblymember Sawyer's bill aligns properly as it moves forward with Senator Roth's.
- Josh Newman
Person
And so you have agreed to work, you know, both of you, deliberately to work on sort of the chaptering and enrollment questions that will arise if and when both of these bills get to the government's.
- Esmeralda Soria
Legislator
Yes, Mister Chair, I addressed that initially in my statement, and so my commitment is to work on that.
- Josh Newman
Person
Appreciate it. The other reason I'm willing to support it is this is a pilot, and quite often we use pilots as kind of COVID for instituting policies that go on.
- Josh Newman
Person
But I think in this case this pilot will be useful and it will be important, and I think clarifying to look at the data as we get 2-3-4 years into it.
- Josh Newman
Person
Accommodations have also been made kind of across both bills for accreditation, for schools that are not yet for that allowance, but not yet accredited so they can participate at some point if and when they are.
- Josh Newman
Person
So with that, again, willing to support it, but grateful for the testimony and mindful of some of the friction that this necessarily entails, my colleague pointed out, and I think it's worth noting that as part of this pilot, participants were limited to 25% of the CCD's associate degree in nursing class size, and then there's an allowance for impoverished communities.
- Josh Newman
Person
So again with the pilot, we will see if this makes a meaningful impact, especially on that question of access and place boundedness. And if not, I think the legislature will have to take a different approach.
- Josh Newman
Person
But as we do, I think we have to look deliberately at how all of these programs intersect across the segments and to the fight and as well as to the independents and to, you know, to your constituents. You know, I'd like to point out that is noted, and that is a necessary conversation.
- Josh Newman
Person
So do not yet have a quorum. Important note that three members of my committee actually constitute a quorum on another committee that meets simultaneously, which is not a good idea if you ask me, but it's not my choice. But when we do have a quorum, we'll take a motion and we'll move the bill. So thank you.
- Josh Newman
Person
Assemblymember Holden, I see you've been waiting patiently. Welcome. You will be presenting AB 2193 and you may proceed whenever you are ready. Thank you.
- Chris Holden
Person
Thank you, Mr. Chair and Committee for the opportunity to present today on Assembly Bill 2193, dealing with hazing accountability. I would like to start off by thanking the Committee staff for working with our office on these amendments. And I'm prepared to accept them. Please the Chair, I'd like to, if I could, read into the record what those amendments are. Yep. Let's see.
- Chris Holden
Person
Specifically, staff recommends, and we accept the amendment to specify that institutions may be liable only for hazing incidents that occurred on or after the implementation date of the Bill, thereby prohibiting retroactive liability, which was, for the record, always our intention. So I appreciate all the clarity.
- Chris Holden
Person
And the second is an amendment to use a definition of hazing that is currently in the Bill relative to civil actions, which is aligned with the existing definition of the penal code. Those are the amendments that the staff is recommending and we are accepting.
- Josh Newman
Person
Thank you. I appreciate you noting this at the outset.
- Chris Holden
Person
As many of you know, California already codified laws in 2006 that make engaging in hazing unlawful. Despite this, we continue to see hazing incidents occur around educational institutions, oftentimes proving to be fatal. It is clear that our laws are overlooking a key player when outlining responsible parties, the educational institutions themselves.
- Chris Holden
Person
This Bill allows for civil action to be brought against an educational institution that knew or should have known of the dangerous hazing practices of an affiliate organization. Additionally, this Bill establishes a rebuttable presumption that an educational institution took reasonable steps to address hazing if the educational institution had taken specified anti hazing measures.
- Chris Holden
Person
It is time to hold all parties involved responsible for these tragedies and hope that we can come together to prevent them in the future. Here with me to testify in support of AB 2193 attorney of law Krista Ramey, and the family Members whose son Tyler was a victim of hazing.
- Chris Holden
Person
Myesha Kimball and William Hilliard, I respectfully ask for your aye vote.
- Josh Newman
Person
All right, Ms. Kimball, welcome.
- Krista Ramey
Person
We'll start with the Kimballs.
- Josh Newman
Person
Thank you and welcome. So, Miss Ramey are you first?
- Myesha Kimball
Person
Okay, thank you. Good morning. Our son Tyler was born March 26,1998. He would have turned 26 this year. Tyler loved spending time with family and friends. He loved dancing and baseball, which he started playing at the age of seven. Our son had a passion for learning. We sent our son to UC Riverside to get an education.
- Myesha Kimball
Person
But two years into his college education, who would have predicted we would have to lay our son to rest? One of Tyler's goals and aspirations was to become an alpha, because one of his role models, Doctor Martin Luther King, was also an alpha. The thought of losing a child is just heart wrenching.
- Myesha Kimball
Person
The treatment that he received from an organization that he held so dear to his heart is sometimes unbearable. We are forced to relive the nightmare of losing Tyler every time we see a young man dancing, playing baseball, every holiday, like Christmas and Thanksgiving, Mother's Day, Father's Day, his birthday.
- Myesha Kimball
Person
Even looking at our youngest son, it is a gut wrenching pain of a nightmare that I cannot wake up from. The pain is that much more unbearable, because this could have all been prevented, and this Bill would help accomplish that.
- Myesha Kimball
Person
The regents say they did not have a duty of care towards my son, but the fraternity won't take responsibility either. Who is looking out for our children?
- Myesha Kimball
Person
Imagine sitting at the side of your child's hospital bed while he or she is attached to a ventilator, unresponsive, feeling helpless, begging God to save your child and to take you instead, because you know you would trade places without a second thought.
- Myesha Kimball
Person
And now you have to make the decision to remove your child from life support, because there is nothing else that could be done. We beg you today, in the name of Tyler and others before him, to pass this Bill so that no other parent has to experience the loss of a child as a result of hazing.
- Myesha Kimball
Person
Thank you.
- Josh Newman
Person
Thank you. I'm so sorry for your loss. Thank you for your testimony. Thank you, Miss Ramey.
- Krista Ramey
Person
I have a strict policy never to let anyone cry alone in my presence. Apparently.
- Josh Newman
Person
You should waive that today.
- Krista Ramey
Person
Good afternoon, and thank you, Chairman Newman and Members of the Committee. My name is Krista Ramey. I am here on behalf of Consumer Attorneys Association of California to testify on behalf of AB 2193. I am an attorney who represents children who have been the victims of bullying, sex abuse, hazing.
- Krista Ramey
Person
And I am the person that parents call when the schools fail our children. Children have a duty, or schools, rather, have a duty, not just to educate our children, but to keep them safe. And my heart breaks when I hear stories like the one that was suffered by Myesha Kimball and William Hillard.
- Krista Ramey
Person
Their case, the regents has said they did not owe a duty to Tyler for his off campus activities. While fraternities might exist off campus, they recruit their Members on campus, and they receive the benefits of having those fraternities affiliated with their universities, schools.
- Krista Ramey
Person
We believe that 2193 made the necessary changes to the Bill that was introduced last year that the Governor vetoed to address the governor's concerns. This Bill now uses the more common known or should have known standard that we see in all government entity liability claims or actions. There is also a rebuttable presumption in this Bill.
- Krista Ramey
Person
To be clear, the CAOC has never supported a Bill with a rebuttable presumption in it. We have always believed that it's best to have the trier of fact, the judges and juries, to look at those issues. However, we have decided that we would look at these issues on a case by case basis.
- Krista Ramey
Person
When they come up and this legislation and proposed legislation, this Bill fit within what we thought was necessary to look at and to support, because in this instance, it addresses the current inability to hold universities accountable when they are responsible for harm. To be clear, lawsuits are an example of the free market working.
- Krista Ramey
Person
They help make sure that products and institutions are safer. The idea that if a law would pass, it would open some sort of floodgates of litigation does not bear out. In reality, they become safer.
- Krista Ramey
Person
I have to ask you to finish up.
- Krista Ramey
Person
Thank you. Subsection C of the proposed legislation addresses how to avoid liability for universities. They now have would have a rebuttable presumption that they are not negligent. We recognize that lawsuits only make up for harm caused and do not undo the wrong.
- Krista Ramey
Person
But when there is a threat of litigation, conduct does change, and this will help keep our schools safer for children. Thank you so much.
- Josh Newman
Person
Thank you. Thank you. Other witnesses in support welcome.
- Stephanie Mock
Person
Stephanie Mock in support of the Bill. On behalf of CFT, a union of educators and classified professionals. And thank you to the witness for her courage and testimony.
- Josh Newman
Person
Thank you.
- Anna Matthews
Person
Anna Matthews with the Faculty Association of California Community Colleges, also in strong support. Sorry for the witnesses loss.
- Tony Harmia
Person
Tony Harmia, California resident and mother, in strong support.
- Josh Newman
Person
Thank you.
- Josh Newman
Person
Thank you. Any witnesses in opposition? Welcome. We have two, and I have to find you a chair. Do you mind? Alex? Thank you.
- Eric Bakke
Person
Good morning. Eric Bakke with the California State University. Before I begin my testimony, I just want to express our deepest sympathies and I appreciate you bringing your testimony forward. I'm father of two boys, and I. I can't even imagine what you're going through. To begin, I do want to thank the author and the Committee for the Amendments.
- Eric Bakke
Person
We appreciate the time you've spent working with us. This is not the first time we've talked about this. We've discussed this last year as well, so this has been a long conversation. So I appreciate your efforts. Addressing the two issues in today's Committee amendments are important.
- Eric Bakke
Person
They're significant, and I think they provide the necessary clarity and guidance needed to implement the Bill. However, we do feel like additional clarity is necessary. We've shared our proposed amendments with the author in hopes that we can continue to work on that. And I'll just touch on one particular example.
- Eric Bakke
Person
Section 66308 B requires that an institution implement a comprehensive prevention program that includes a range of prevention strategies, including but not limited to. In our experience the courts have cited against institutions when ranges are required, with jury citing that not enough was done to prevent the incident.
- Eric Bakke
Person
As an example, the CSU may have instituted 10 prevention strategies, but the jury would have found that 11 would have been most appropriate. It's difficult to gauge what our obligation is in that scenario. We're just simply asking for clarity and specificity about what those obligations are.
- Eric Bakke
Person
We are committed to following through with those obligations, but we do need to have that clarity so that we can ensure that we're doing everything possible. So we want to still continue to have that conversation we shared.
- Eric Bakke
Person
As I said earlier, we shared these amendments with the author and as well as some other provisions that we hope to continue to dialogue as the Bill moves forward. For the time being, we still remain in a positive, amended position.
- Josh Newman
Person
Thank you, Mister Graves.
- Alex Graves
Person
Good morning again, chair and Members Alex Graves with the Association of Independent California Colleges and Universities and our 89 Member institutions. I'd also like to thank the family for sharing their testimony throughout this process and turning that pain into action.
- Alex Graves
Person
Also, like my colleague would like to thank the author's office and staff for the ongoing discussions and a number of amendments that have been taken through this process. As my colleague mentioned, there are still a handful of issues that we would like to work through.
- Alex Graves
Person
I had our councils work with CSU's councils to present what we think kind of provided those additional clarifications that would resolve our remaining kind of technical concerns for implementation purposes. For example, we have requested consistent use of affiliated student organizations. Instead of just referencing student organizations. We've also asked for minor amendments to Section 66308, subsection B.
- Alex Graves
Person
When it talks about maintaining rules, regulations, procedures regarding hazing reporting, it talks about updating and maintaining.
- Alex Graves
Person
And for example, we would just like to make that minor changes to say that we're maintaining those, because our councils interpret, when you're saying update, maintain that it could put forward the assumption that our schools have to update policies every year, even if there's no change in best practices or whatnot that would warrant those changes.
- Alex Graves
Person
And so, again, it's in our view, minor things like that that we'd like to just work out in the remaining time we have here with the author's office and supporters to get us to a place where we all feel comfortable with the goals of the Bill, which we absolutely support.
- Alex Graves
Person
Again, at the end of the day, our institutions want to prevent as many instances of hazing as possible. We believe that hazing endangers students, is detrimental to their educational pursuit, and so I think we share the goals of the authors and supporters and hope that we can resolve these remaining issues in the time we have. Thank you.
- Josh Newman
Person
Thank you. Any other witnesses? In opposition?
- Kyle Hyland
Person
Good morning. Kyle Hyland, on behalf of the Association of California Community college administrators, in respectful opposition. Thank you.
- Unidentified Speaker
Person
Good morning. On behalf of the community college at legal California, and respectful opposition through the inclusion of chemicologies in the Bill. Thank you.
- Josh Newman
Person
Thank you. Anybody else seeing? None. Let's go back to the dais. Colleagues. Questions? Comments? Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
So with regards to the technical clarity and specificity of actions, are you considering moving forward in trying to narrow what that would look like for this particular Bill as it moves forward?
- Chris Holden
Person
We're always, and I think we have demonstrated that we're prepared to continue to have conversations and figure out how, if and how we might be able to get there. I'll just as an example, updating. I think we have that in the language of the Bill because things change.
- Chris Holden
Person
It's not prescriptive to say you have to do it every year or every six months. It's just that it's there to remind those who are in policy decision making that we need to come back and take a look and see if we need to update. So maybe we can have some conversations of how to better define updating.
- Chris Holden
Person
But I think the idea is to recognize, as this institution does, that things are static, and there may be appropriately an opportunity to come back and say that, wow, here's a real life situation. We can maybe do a little bit more to meet that. So you would update.
- Chris Holden
Person
So we're happy to have conversations, continue conversations around how to better thread that needle if we need to.
- Rosilicie Ochoa Bogh
Legislator
And the reason I have concerns with ensuring that we have literally clarity on in specifics as to what the expectations are for by the universities is that ultimately, our colleges are home to adults, young adults or older adults. Depends on the age and so forth.
- Rosilicie Ochoa Bogh
Legislator
And so, you know, as parents, you know, I have a 24,22 and an 18 year old son. I can't imagine, cannot imagine your loss. I cannot. And you hope that students would be very cautious in what they do.
- Rosilicie Ochoa Bogh
Legislator
But, you know, when it comes, even with my 18 year old right now, I don't have control over his actions once he leaves the home and what he sometimes I'm going, what are you thinking? And we have conversations.
- Rosilicie Ochoa Bogh
Legislator
But ultimately, you know, it's really tough to have an institution in a college and think that you're going to have absolute control over the behavior of young adults, especially when they're under the age of 26, as we know, with the frontal lobe.
- Rosilicie Ochoa Bogh
Legislator
So I do want to make sure that if we move forward or when we move forward, as we move forward, that we do have specific guidelines as to what the expectations are, clarity and the specificity of those technical adjustments that we need to do in order to ensure that, you know, universities, it's my opinion, not my opinion.
- Rosilicie Ochoa Bogh
Legislator
It's my understanding that colleges are already doing their part in training every student as they enter the Greek system, that they have to have training as to what is permissible and not permissible.
- Rosilicie Ochoa Bogh
Legislator
And so what the additional responsibilities are, we have to ensure that we have clarity on that end and ensure that they're protected to a certain degree against the actions of students who may not be acting within.
- Rosilicie Ochoa Bogh
Legislator
We know we as a society, we don't have control over anybody else's actions, but we have consequences for their own personal actions. So we want to make sure that we have those clarities.
- Rosilicie Ochoa Bogh
Legislator
I will be supporting the Bill today, but I do Reserve the right to change my vote once it comes back to the Senate or when it comes to the Senate. Or, wait, does it change? We don't have time to change how appropriations.
- Rosilicie Ochoa Bogh
Legislator
So I will Reserve my right to change my vote once I review it when it comes back to the Senate. But I do hope that the conversations continue, because we do. We hope to have a system that really does protect our students, because when we send them to school, my senior right now is heading to college.
- Rosilicie Ochoa Bogh
Legislator
I understand those fears, but by the same token, they're young adults in a system, you know, as long as they're doing their due diligence and what that looks like, you know, it's hard to say, hey, you're responsible for young adult actions within the school. So there's a balance that we need to ensure that we have.
- Rosilicie Ochoa Bogh
Legislator
So I'll be supporting your Bill today, and I look forward to seeing more specific languages with the expectations.
- Chris Holden
Person
Well, I appreciate that, Senator. And let me, let me just say that this has been a long journey. Right. This is a two year or more process of just trying to get this action moving forward. So you can imagine that we've done a lot of engaging and refining to now just be down to technical.
- Chris Holden
Person
So we certainly are not going to ignore what is reasonable and appropriate to try to continue to make the right kind of strides that strike the balance. But azing has been going on for a really long time.
- Chris Holden
Person
Any Member of this body who has pledged to a fraternity of sorority or even some athletic, not me, even though I played sports, I wasn't crossing those kind of lines. But I will tell you that my contemporaries will tell you some stories.
- Chris Holden
Person
And when the institution that has a responsibility, a partnership with the affiliate, can't just take that in a casual way.
- Chris Holden
Person
And I'm not saying that that is the case, but when it comes down to enforcement and liability and was spoken out, that in life as a parent, we have to have a hammer over our kids head in order for them to listen to us and follow us, guidance, discipline.
- Chris Holden
Person
And in this society, sometimes we have to establish it through the law because it's clear that there needs to be some parameters that can be set that in this case protect these young people who as parents were releasing them. This is that release stage.
- Chris Holden
Person
And we want to make sure that if they choose, whether it's because a parent joined or a historical idol, that they do not have to be put in a situation where their life could be on the line.
- Chris Holden
Person
And so all that to say, yes, we'll continue to have conversations, but we've come a long way and it's been respectful to the opposition's implementation concerns. So it's not like we have not paid attention to what that represents. And that's why you have the amendments that have already been taken to the Bill.
- Chris Holden
Person
And I appreciate the Committee's a time and continued effort to help make the Bill better.
- Josh Newman
Person
Good.
- Josh Newman
Person
One more question, please. Go ahead.
- Rosilicie Ochoa Bogh
Legislator
So I'm curious. Is there, I understand you said in your testimony, ma'am, that the Greek system was or the fraternity could not be held liable. They don't want to hold any kind of responsibility.
- Josh Newman
Person
But again, it's not the fraternity, it's the institution.
- Melissa Moreno
Person
What we're talking about, it's both the institution.
- Josh Newman
Person
The bill is focusing on the institution. Appreciate that.
- Rosilicie Ochoa Bogh
Legislator
So has there been any. So my question lies into we're holding the universities, we're addressing the University's expectation. Is there anything in the works to address the expectations on the Greek system? Is that.
- Rosilicie Ochoa Bogh
Legislator
I'm not sure what, I don't know what that would look like, but is there anything in place that holds the Greek system accountable for what happens in there? I don't know what the culture is. I'm sorry. No, that's fine.
- Melissa Moreno
Person
And yes, they can be held for ordinary negligence. And so when they're, and they all are insured, and then the nationals are insured, sometimes getting to the national is difficult. And most of the time the chapters do not are woefully underinsured to be held accountable for the kinds of loss that they are inflicting on their members.
- Melissa Moreno
Person
And what this bill is trying to do is to make sure that every party that's responsible in some manner is held accountable. So it doesn't. Leaving someone off that verdict form at the end of the day means that there is someone that did something wrong that wasn't held responsible.
- Melissa Moreno
Person
And what this is trying to do in this particular instance with AB 2193 is to look at, you know, what did the University do that was a contributing factor, and in order for it to be held accountable for that, there has to be a substantial factor in the connection to what the University did or did not do and the harm that was caused.
- Melissa Moreno
Person
So assuming that a plaintiff that has lost someone gets past that rebuttable presumption, you still have to show that causal connection between the action or inaction of the University and the harm that was caused to the student. So it's not a strict liability. If you don't do these things, you're accountable. There still has to be that connection.
- Josh Newman
Person
Let me add, I mean, the goal here, I think I speak for the author, isn't simply accountability. It's prevention, right? It's prevention through the imposition of a level accountability that incentivize the institution to exert greater control in Greek life and prevent tragedies like the Hilliards. And so. Anything else?
- Rosilicie Ochoa Bogh
Legislator
Well, just for clarity. I understand the purpose of the bill with regards to the schools. I was just kind of curious as to the responsibility of prevention by the Greek system and what we currently have in place, we do through ordinary negligence.
- Melissa Moreno
Person
If they are doing something that causes that harm, then they are and can be held accountable for that harm. Currently, under current law, there's nothing preventing, there's not a roadblock to liability there in terms of prevention and holding the policy changes that you're seeing in AB 2193 to help make fraternity safer.
- Melissa Moreno
Person
That's not specifically being addressed in that bill, but I think, or in this bill, but I think it actually does by way of having the universities do these things. If the school, you know, if the fraternity, sorority, athletic, you know, team, whatever it is, doesn't do it, then the school has, you know, can disaffiliate with it.
- Melissa Moreno
Person
The school has a hammer too, in order to protect itself. They can, you know, step away from it, but they're trying to, you know, the goal is to have them educated and make sure that the policies are there and that the fraternities, the athletic institutions, any other affiliated organization is following those policies.
- Melissa Moreno
Person
Okay, is that a better.
- Josh Newman
Person
I think so by better clarity for you, but to rearticulate this bill is really about institutional responsibility. Thank you for, I think, the insight as it relates to the individual fraternities.
- Josh Newman
Person
And let me say, I mean, you know, so to that point, there's nobody in a fraternity after one of these tragic events that doesn't think, wow, that was awful. What we're trying to do here is to create a regime that actually prevents these tragedies and the kinds of loss that the Hilliards experienced. And so I appreciate that.
- Josh Newman
Person
I also want to say this will be the last time I probably see Assembly Member before this Committee. This is. I'll see you in the hallway as we're going. That's what I'm afraid of. That's exactly what I'm afraid of. But I want to commend you right first for your work on this bill.
- Josh Newman
Person
You know, not just two years, but many years, but this year is about addressing those issues that led to the veto of the bill last year. And I appreciate you doing that. And I do have one question, and I'll get to it.
- Josh Newman
Person
But that sort of pursuit of justice is a hallmark of your legislative career, and I commend you for it, especially in this case. A quick question to Mr. Bakke's point about the problematic prospect of this notion of a range, and a range not being sufficient. So for Ms. Ramey, how to think about that?
- Josh Newman
Person
Is that a solvable problem from your perspective?
- Melissa Moreno
Person
Well, practicing in courts every day as a trial lawyer, I can tell you that when there are including but not Limited Too's placed in things, those are meant to be examples. That's how judges view them. That's how juries view them. And yes, they could say, well, you could have done something else.
- Melissa Moreno
Person
I think that that would only arise if that something else could have been the cause of the harm, that was the cause that harm to the student. So I don't, I appreciate what you're saying, and you know, I think that in reality, it just doesn't, it doesn't come up that frequently in terms of that.
- Melissa Moreno
Person
And when you're dealing with a rebuttal presumption, as you do have here, judges will look at what the University does in a different way than a late jury member will. And I will tell you from experience, summary judgments get granted on those rebuttable presumptions when there are including not Limited Too's.
- Melissa Moreno
Person
And I've tried to argue something further that the school could have done, because the school has already done so much. And so when you have a strict adherence and you're doing all of the things, in reality, a judge just doesn't go that extra well.
- Melissa Moreno
Person
You could have done this much more because the Legislature has already set forth what they expect and you followed it. And so I think that they're not looking to reinterpret or rewrite what this body has already gone through and done. So that's just kind of my reality.
- Josh Newman
Person
Quick response.
- Unidentified Speaker
Person
I appreciate that. I appreciate the answer. I just obviously not attorney, but talking with our general counsel, our experience has not been generally as simple as that. We have found quite the opposite, which is why we're asking for the clarification, the specificity. So we look forward to the dialogue.
- Unidentified Speaker
Person
We are really close, and I think to Sullivan Holbein's earlier point, we have come a long way, and we will certainly be the first to admit that. And so I think we're really close.
- Unidentified Speaker
Person
We just want to put some of the finishing touches that would provide the necessary instructions for the courts in the event we actually get to that stage. And that's all we're seeking. But we do not want to undermine any of the prior agreements that have been made at this point. But our experience would suggest otherwise.
- Josh Newman
Person
And I appreciate that. And I know, I know that Assemblymember Holden is endeavoring to get this bill in a form to the government that doesn't get vetoed. Right. So you have sort of a national center to continue this conversation. I appreciate your commitment to doing that.
- Josh Newman
Person
Let me just say, you know, sort of before I allow you to close, there's nothing more tragic than these deaths precisely because they are so preventable, they should never happen.
- Josh Newman
Person
And so what you're doing here, I think, is really important to increase the chances that institutions will exercise that control, which conveys to fraternities and the young people within them the common sense not to do these things. Right.
- Josh Newman
Person
And it's really important to sort of align everybody's interest to do that, knowing that that has always been a problem. And I think this is a good and useful step toward hopefully solving this problem. And I'm glad to support the bill. Holden, you'd like to close.
- Chris Holden
Person
I think all of you have made my close for me. I just like to thank the family because doing this once is hard. Doing it five or six times, that was asking a lot for you.
- Chris Holden
Person
So I apologize that it has taken us to this point to get you closer and other families who experienced what you have had to experience to start to see the light at the end of the tunnel. And Mr. Chairman, I thank you for your willingness to work with us.
- Chris Holden
Person
And I appreciate the universities in the system coming forward and being willing to move off of what was a point, a tough place for them to move from. And so what I see is a process working. I will never let the perfect be the enemy of the good.
- Chris Holden
Person
But at the same time, we want to make sure that we don't compromise in getting what we're designed to do is be advocates for those who need them to make systems that sometimes are very dysfunctional work more favorably for those who are victims for that dysfunction. So again, thank you for your support.
- Chris Holden
Person
And I respectfully ask for your aye vote.
- Josh Newman
Person
Thank you. And so again, in the absence of the quorum, we'll take up a motion and vote on the bill. I have every assurance you will get seven votes on this. So thank you. And to the Hilliards, again, thank you for your courageous. Next, thank you, Assemblymember Holden. Sincerely, Assemblymember Bonta.
- Josh Newman
Person
You were blocked by the large form of Assemblymember Holden, and so appreciate your indulgence. Assemblymember Bonta is in the chair, so it'll be fast. Welcome. And again out of order, but I'm sure it'll work out. AB 2381. Please proceed when you're ready.
- Mia Bonta
Legislator
Good morning, Chair and Members, and thank you. Today I am proud to present AB 2381 which would allow our state preschool programs to continue to be funded based on enrollment rather than attendance. The California State Preschool Program provides educational experiences to low income, disadvantaged children ages three to five.
- Mia Bonta
Legislator
During the COVID pandemic, these programs were reimbursed based on enrollment rather than attendance using a formula that ensured they had the ability to take care of themselves. However, this provision is set to expire on June 30, 2025. Unfortunately, payments based on attendance are unpredictable.
- Mia Bonta
Legislator
If providers are unable to anticipate which children will be present on any given day, they cannot anticipate how many staff they will need. This can lead to costs that exceed the state's reimbursement amount.
- Mia Bonta
Legislator
Continued funding based on enrollment will provide our state preschool programs with a stable funding source, enabling them to focus more on the sustainability and quality of their programs. Now I'll turn it over to Virginia Early from the California Department of Education and Amanda Dickey from the Santa Clara Office of Education to speak more on this subject.
- Josh Newman
Person
Ms. Early, welcome.
- Virginia Early
Person
Thank you so much. Happy to be with you all. On behalf of State Superintendent of Public Instruction, Tony Thurmond, a proud sponsor of 2381, my name is Virginia Early, and I'm a policy administrator at the Early Education Division at CDE.
- Virginia Early
Person
So as the Member mentioned, since April 2020, California State preschool programs have benefited from a Covid era policy that funds programs at the lesser of their costs or their contract amount, regardless of the number of children attending or enrolled. When these protections expire on July 1, 2025, programs will go back to being funded on attendance.
- Virginia Early
Person
A few months later, in Fall 2025, we'll reach a really exciting milestone in the universal pre kindergarten expansion, the first year of universal transitional kindergarten, which presents a historic opportunity for state preschool to serve more three year old children from families who need it most. And we know we have a long way to go there. In 2023, California was serving 13% of the nearly 300,000 three year olds eligible for the program.
- Virginia Early
Person
AB 2831 will strengthen, sorry 2381, will strengthen the early education system by allowing state preschool programs to better utilize their existing contract funds without increasing costs in a way that acknowledges their fixed costs for serving all children enrolled, aligns with federal Head Start and the private pay market, and provides an important protection for contractors as they recover from the pandemic's impacts on attendance, and re examine a business model that has historically relied heavily on four year olds while they transition to serving more three year olds.
- Virginia Early
Person
The bill is also in alignment with the August 2022 rate and quality workgroup recommendations, reflecting the critical need to stabilize programs by acknowledging fixed costs and addressing the true cost of care. Thank you so much.
- Josh Newman
Person
Thank you. Ms. Dickey, welcome.
- Amanda Dickey
Person
Thank you, Chair and Members of the Committee. My name is Amanda Dickey, and I am the Executive Director of Government Relations for the Santa Clara County Office of Education.
- Amanda Dickey
Person
We are very proud to co sponsor this bill and want to thank Assemblymember Weber and Superintendent Thurmond for moving forward this important cost neutral legislation which would do so much to help the preschool providers who spend eight or more hours a day caring for our children, but are living on the margins, barely making ends meet.
- Amanda Dickey
Person
As you may know, 40% of child care providers receive food assistance from Calfresh and about a third live under the federal poverty line. As one of the largest early learning providers in our region, the Santa Clara County Office of Education has the benefit of an economy of scale which helps to insulate our programs from unforeseen contingencies.
- Amanda Dickey
Person
But even we operate in the red some years due to unpredictable attendance rates, dropouts, and family emergencies. Although our infrastructure and scale put us in the best possible position as a provider, there is not much that we can do to mitigate lost attendance revenues.
- Amanda Dickey
Person
The cost to operate a preschool program is largely static, so there's rent, salaries, and overhead costs like electricity, garbage, water, sewage, janitorial services, and those change whether or not students show up for the program.
- Amanda Dickey
Person
If the state hadn't provided a hold harmless reimbursement during the pandemic, our programs would have operated at such a deficit that the County Office of Education may have been forced to terminate our contracts, which would have effectively eliminated 4,000 high quality early learning slots in Santa Clara County.
- Virginia Early
Person
AB 2381 will help create greater fiscal stability for preschool providers, which means more high quality early learning options and opportunities for children and families. Thank you and I'm happy to answer any questions at the appropriate time.
- Josh Newman
Person
Thank you. Any other witnesses in support, please come forward.
- Malik Bynum
Person
Good morning, Mr. Chair. Malik Bynum with UDW ASME Local 3930 on behalf of Child Care Providers United, CCPU in support.
- Josh Newman
Person
Thank you. Ms. Gibbs.
- Pamela Gibbs
Person
Mr. Chair and Members, Pamela Gibbs representing the Los Angeles County Office of Education, and we support the bill.
- Josh Newman
Person
Thank you. Next please.
- Rosanna Carvacho Elliott
Person
Good morning, Mr. Chair and Senators. Rosanna Carvacho Elliott here on behalf of the Early Care and Education Consortium, also in support.
- Josh Newman
Person
Thank you. Next please.
- Ashley Lugo
Person
Good morning. Ashley Lugo, on behalf of the California County Superintendents, in support.
- Josh Newman
Person
Thank you.
- Melissa Moreno
Person
Melissa Moreno, trustee of Yolo County Office of Education, in support.
- Josh Newman
Person
Thank you. Any witnesses in opposition? Any in opposition? Seeing none, come back to the dais. Questions, comments?
- Scott Wilk
Person
Great bill and I will support it whenever we get a quorum.
- Josh Newman
Person
I see what you're trying to do here, so I'm glad to support it as well. And not only I think is this useful, but it gets at one of the unintentional consequences of expanding universal TK. And we need to address that if we're serious about ensuring that we don't crowd out funding for preschool. So thank you for the bill. Glad to support it as well when we have a quorum and when we can take a motion. Would you like to close?
- Mia Bonta
Legislator
Just quickly, I couldn't agree with you more, Chair, about the need to be able to address some of the mitigating concerns or unintended consequences that we've created with universal TK. And this bill certainly does that by ensuring that we have an opportunity to provide some stability for our preschool providers. With that, I respectfully request an aye vote.
- Josh Newman
Person
Thank you. Thank you, witnesses. We'll take a motion, and I dare say pass this bill when we have a quorum. Let us now move on to Mr. Wallis. I am so sorry not to have seen you. And you'll be presenting AB 2277. You may proceed when ready, sir.
- Greg Wallis
Legislator
Well, good morning, Chair and Committee Members. I'm here to present Assembly Bill 2277 sponsored by the California Part Time Faculty Association, who serve our community colleges. AB 2277 raises the cap that part time faculty are allowed to teach from 67% to 85% of a full time faculty assignment per term.
- Greg Wallis
Legislator
I'm proud to say this bill is also supported by the Faculty Association of the California community colleges, whose members are full time faculty.
- Greg Wallis
Legislator
This bill will increase the maximum number of instructional hours by two units that a part time community college faculty member may teach at any one community college district, allowing faculty to better participate in their respective district and better support their students. AB 2277 still requires an agreement between the local community college district and their part time faculty.
- Greg Wallis
Legislator
We have language in the bill to avoid inadvertently converting part time faculty to full. Full time community colleges serve a critical role in educating Californians, and AB 2277 provides a tool to support our students. I have here to testify and support John Martin, chair of the California Part Time Faculty Association.
- Josh Newman
Person
Mr. Martin, welcome. You have two minutes. Please proceed.
- John Martin
Person
Thank you. Good morning and thank you for allowing me to speak to you today. My name is John Martin. I teach at two different rural community college districts, Butte College and Shasta College, collectively for over 25 years. I'm also chair of the California Part-Time Faculty Association, or otherwise known as CPFA.
- John Martin
Person
We are leader for the majority of the faculty who teach across the state community college system, which is the largest in the world. AB 2277 is an attempt to bring incremental steps to improve the livelihood for part time faculty and quality of education for students.
- John Martin
Person
If passed, part time faculty may have a chance to teach up to 80-85% of the full time load. Because this is not a mandate, each district will retain their right of assignment and part time faculty will retain their right of refusal, first refusal.
- John Martin
Person
This is true when AB 591 passed in 2008 and when the cap was raised to 67%, which is the current law. This bill requires districts and their exclusive bargaining units to negotiate how determine how this would work and this bill will still maintain its local control, which is the foundation for every district I know.
- John Martin
Person
The opposition is concerned that increasing the cap to 80-85% would negatively impact diversity. It is up to the district to create a diverse back faculty to meet their community standards and this bill will not hamper their efforts to be more inclusive in the hiring of new employees.
- John Martin
Person
Districts are empowered to hire who they want and they should not blame any new caps.
- John Martin
Person
This bill will offer more sections for students to be taught by existing part time faculty so the district will not have to go out to advertise, recruit, hire, evaluate new faculty, new part time faculty by keeping the existing faculty and maintain their local control. Both full time and part time faculty are critical in creating an environment that fosters students success.
- John Martin
Person
Increasing the modest workload for part time professors will help ensure students will have a better access to their professors and improve quality of life for part time faculty. It is a win win sit proposition for everyone involved. Thank you.
- Josh Newman
Person
Thank you very much. Other support Ms. Mock, welcome.
- Tiffany Mock
Person
Thank you. Tiffany mock on behalf of CFT, a union of educators and classified professionals in support. Thank you.
- Josh Newman
Person
Thank you.
- Anna Mathews
Person
Anna Matthews on behalf of the Faculty Association of California Community Colleges, representing both full time and part time faculty. Thank you.
- Josh Newman
Person
Thank you. Any other witnesses support? Any witnesses in opposition?
- Andrew Martinez
Person
Good morning. Andrew Martinez, Community College League of California I want to thank the author and the sponsor for meeting with me and John Martin for meeting with me to discuss the bill and the intent of it. Regretfully, we must be opposed. We are concerned about the impact on local control.
- Andrew Martinez
Person
We realize that it requires us to negotiate it, but it will put pressure on our boards at the local level. To negotiate up to 85% is a significant concern for us. We also wanted to note that we are appreciative of the fact that there is a language on there, capping it to 30 hours.
- Andrew Martinez
Person
But we would like to see if there could be some amendment to clarify that it includes office hours as well, because we know that some of the contracts where they're crafted include office hours, some don't. And so having that clarity would be greatly appreciative to us as we move forward.
- Andrew Martinez
Person
Looking forward to having engaging in conversations with just sponsor in the coming month. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Kyle Hyland
Person
Hi, Kyle Highland, on behalf of the Association of California Community College Administrators, like to align my comments with my colleague from the league in respectful opposition to AP 2277. Thank you.
- Josh Newman
Person
Thank you. Any other opposition? Seeing none. We'll come back to the dais. Sorry. I'm not giving you nearly enough time. Welcome. It's okay.
- Kasha B Hunt
Person
Kasia Hunt with Nosman on behalf of Citrus College and North Orange County Community College are in opposition.
- Josh Newman
Person
Thank you. Seeing no one else back to the Committee. Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
Welcome, Member Wallis. So with regards to the concerns, I think it's. I actually am very appreciative of the bill as I'm reading the language.
- Rosilicie Ochoa Bogh
Legislator
I think it's, it's a great idea, especially considering the fact that we have a cost of living issues here in the state and anything we can do to help our professors be able to extend those hours, make a little more money, especially as part time with an option I think is commendable.
- Rosilicie Ochoa Bogh
Legislator
So thank you for bringing this measure forward. I do have a question with regards to the opposition, with regards to clarity in the office hours, is what I heard one of the concerns that they had? Are you still continuing conversations with the opposition in order to kind of mitigate those concerns?
- Greg Wallis
Legislator
Yeah, absolutely. We're going to continue to work with them on that, and hopefully we can get to something that's acceptable there.
- Rosilicie Ochoa Bogh
Legislator
I'll be happy to support the bill and look forward to seeing those clarifications wherever they may be, hopefully finding that compromise with the opposition and hopefully getting their support.
- Greg Wallis
Legislator
Thank you, Senator.
- Josh Newman
Person
Okay. I'm, for my part, glad to support the bill, but, you know, with respect to office hours, in sympathy with part time instructors, we often, which is to say the community causes, let you do that for free, and we should not.
- Scott Wilk
Person
And isn't that bargain? Don't some.
- Josh Newman
Person
Some do, some don't. But many part time instructors, because of their commitment to their students, actually wind up doing it on their own time, which I think is regrettable. So I'm, for my part, glad to support the bill. We do have a quorum, so let us establish a quorum. I'm sorry. And then you can close.
- Committee Secretary
Person
[Roll Call]
- Josh Newman
Person
All right. A quorum having now been established. Assemblymember, would you like to close?
- Greg Wallis
Legislator
I respectfully request an aye vote.
- Josh Newman
Person
All right. Looking for a motion? No. Moved. Moved by Senator Wilk. Madam Consultant, please call the roll.
- Committee Secretary
Person
File item nine, AB 2277, Willis. Motion is do pass to Senate Appropriations Committee. [Roll Call]
- Josh Newman
Person
That measure has four votes. Four votes and we'll hold it open. Thank you, Assemblymember. Thank you, Mr. Martin. All right, moving on. With a quorum in place, I see. Assemblymember Schiavo, I think your colleague is going to grant you that courtesy.
- Scott Wilk
Person
Welcome, Mr. Chair. While she's coming up, can we do the consent calendar?
- Josh Newman
Person
I don't see why not. Shadow Chair. Let us now call the consent.
- Scott Wilk
Person
I like shadow Chair.
- Committee Secretary
Person
On the consent calendar. [Roll Call]
- Josh Newman
Person
All right, consent calendar has four votes. We'll leave it open for absent Members. And now we will take up measure AB 2999 from assemblymember Schiavo. Welcome. Homework?
- Pilar Schiavo
Legislator
Thank you. Homework, yes. So thank you, Mister chair. And Senators, very happy to present AB 2999 today, which I'm hoping is really going to start what could be a greatly impactful conversation about homework and its impacts on students, and really want to thank the Committee staff for working with us on amendments. Happy to accept them all.
- Pilar Schiavo
Legislator
The AB 2999 the Healthy Homework act is really brought forward with the intention of starting this new conversation around homework. The Bill was actually spurred by my daughter Sophia, who's here to testify today.
- Pilar Schiavo
Legislator
When I started running for office, she was in the backseat of the car after I picked her up from school, and she was asking what would I be able to do if I got elected? And I said, well, I get to make laws. And she said, oh, can you ban homework?
- Pilar Schiavo
Legislator
And, you know, every fourth grader's dream, probably. But while this Bill definitely does not ban homework, I think that, you know, it started me thinking, and it was not the first time that I started thinking about homework.
- Pilar Schiavo
Legislator
When she was in kindergarten, I was really shocked to have her come home on Mondays with a really thick packet of homework that was due on Fridays. And my first job out of college was actually working in early childhood education for a trial Head Start program.
- Pilar Schiavo
Legislator
And at that time I learned a lot about early childhood brain development and how play and free time is such an important part of child's development.
- Pilar Schiavo
Legislator
As you'll hear from Doctor Pope who's a Professor at Stanford, there's not a lot of research that shows that it's actually beneficial to have homework or impacts students grades, especially in lower grades.
- Pilar Schiavo
Legislator
So, you know, this really sparked kind of a research on my part, looking at other countries and what they were doing and really thinking about how could we do things differently here in California.
- Pilar Schiavo
Legislator
And then as she progressed through the years and grade levels and as a single mom, a working mom with a very demanding job all the time, I've had tons of conversations with parents about the struggles and stress that this puts on parents.
- Pilar Schiavo
Legislator
I think everyone has a story about new mathematic and has experienced that if you have kids and, you know, and when kids are coming home with things that they're confused by, we know that the in person instruction in classes is really what makes such a big difference in terms of student learning.
- Pilar Schiavo
Legislator
You know, my experience in early childhood education really led me to do my own research and find Doctor Pope and actually talk to as many teachers as I possibly could. I wanted to do this Bill last year, but I knew that it was going to take time and a lot of conversations.
- Pilar Schiavo
Legislator
And so over the past year and a half, every teacher I've talked to, every educator union and organization that we could meet with, we talked to and had these conversations. And I've been really hard pressed to find people who love homework, who work in education. And it surprised me.
- Pilar Schiavo
Legislator
And one of the things that I found in talking to teachers is that they're not actually taught about homework in their certificate programs, in their teaching certificate programs. It seems like it's actually kind of an afterthought.
- Pilar Schiavo
Legislator
So, you know what, a lot of times happens is teachers will adopt whatever their mentor is doing, whatever they experienced growing up, whatever is assigned in the end of the teaching manual that they're reading. And it says assign this homework. And so I think it's time that we really get intentional about homework.
- Pilar Schiavo
Legislator
We look at the current research on homework, we look at the impacts to mental health. We know that we have a student mental health crisis. We know that homework is one of the top stressors in kids lives.
- Pilar Schiavo
Legislator
This is a way that we could overnight reduce stress in kids lives and impact their mental health in a positive way. And we are doing so much work as a state to send money and set up programs and train therapists and do all of these things.
- Pilar Schiavo
Legislator
And this is actually one of the biggest stressors in kids lives that we can easily impact. And so, you know, this Bill simply asks for school boards to develop a policy. So it preserves local control, it preserves local input.
- Pilar Schiavo
Legislator
It requires input from parents, from teachers and special education teachers as well from school counselors and therapists, from students who are experiencing this all the time and really making sure that we're finding homework policies that make sense, that truly impact education in a positive way and make a difference in kids education and are not undue burdens and extra stress.
- Pilar Schiavo
Legislator
And, you know, and I think there's a lot of conversations about how important it is to have connection right now with our mental health crisis. And you know, my daughter comes home, she goes into her room and closes the door and is doing homework all night.
- Pilar Schiavo
Legislator
A lot of times we don't even have family meal times together anymore because of her stress around homework and she doesn't want to, you know, she doesn't want to miss it and she needs to get to bed at a reasonable time. It's impacting kids sleep because they're staying up.
- Pilar Schiavo
Legislator
I've been talking to 6th and 7th graders who are up until midnight doing homework. So I feel like we really need to take a minute to do a reevaluation of, of how we're doing homework, how it's really impacting people and is it really helping.
- Pilar Schiavo
Legislator
And so that's what AB 2999 really intends to do and would love to turn it over to my daughter to testify. Sophia and also Doctor Pope.
- Sophia Schiavo
Person
Hello Mister chair Members. My name is Sophia and I just finished 6th grade. I'm here to support our Healthy Homework Act, AB 2999. I hope it means that school boards will really look at the impact homework is having on students like me and my friends.
- Sophia Schiavo
Person
I love to read and learn but when it comes to homework I absolutely dread it. It causes so much stress and worry and it takes up all of my time.
- Sophia Schiavo
Person
After school I don't have time to have dinner with my mom and family, to play with my little cousin or just have time to relax and recover from the stress of the day. I don't have time. I have after school programs four days a week. That means I don't get home until around 06:00 p.m.
- Sophia Schiavo
Person
or later most days. As a 6th grader I usually have about one and a half hours of homework or more each night. I often eat dinner while I do homework in my room alone.
- Sophia Schiavo
Person
I hardly have any time to connect with friends because I have too much homework and need to shower or get ready for bed as soon as I'm done. Homework causes a lot of stress in my life.
- Sophia Schiavo
Person
I've had a lot of nights where I end up crying because I just can't finish the homework before bedtime and I'm scared that I will be kept in from recess, get in trouble or it'll hurt my grades.
- Sophia Schiavo
Person
I don't want my teacher to be disappointed in me, so sometimes I just stay up very late so that I can finish. And it's not just me. I've heard this from all of my friends, even the smartest kid in my class. Homework is exhausting.
- Sophia Schiavo
Person
It's overwhelming and it's depressing that my whole day, from when I wake up until when I go to bed early is nearly all taken up with schoolwork with almost all of my time scheduled for me. It's making me not like school at all.
- Sophia Schiavo
Person
I know the work we do in school is important, but I think that that support but I think that things that support mental and physical health, like connecting with friends, having downtime to recharge, and time to do the things that make me happy like art and learning languages are also really important and that should be also considered.
- Sophia Schiavo
Person
That's why I ask you to support our healthy homework at thank you, thank you and well presented.
- Denise Pope
Person
Doctor Pompa thank you for having me. My name is Doctor Denise Pope. I'm a senior lecturer at the Stanford Graduate School of Education and co-founder of Challenge Success, a nonprofit that partners with K 12 schools nationwide to improve student well-being, engagement, and belonging.
- Denise Pope
Person
I'm pleased to be here today to share insights from data collected through the Challenge Success Stanford survey of school experiences, which has been completed by over 300,000 middle and high school students. We believe it's important to bring student voices into conversations about policies that affect their wellbeing. Thank you, Sophia.
- Denise Pope
Person
And today's data reflects the voices of more than 13,000 California high school students during the 2223 school year. When asked about major sources of stress in their lives, 45% of students reported overall workload and homework as a top source of stress. This was selected over several other stressors, including future plans, college, and relationships.
- Denise Pope
Person
California has already championed student well being by recognizing the need for students to get more sleep, and we commend the recent implementation of a later school start time. Now we ask you to consider the rest of the student's day in our sample.
- Denise Pope
Person
After students spend seven to 8 hours at school, then complete an average of two to two and a half hours of homework, plus extracurricular activities, paid work, and family commitments.
- Denise Pope
Person
There's simply not enough hours in the day for teens to get the 9 hours of sleep they need per night, and younger students need even more, up to 10 hours. In fact, 57% of students reported that homework often or always prevented them from getting enough sleep.
- Denise Pope
Person
We also know that more than half of students surveyed reported that homework has prevented them from having time for family, friends, and other important activities. We know from extensive research that playtime, downtime, and family time are considered protective factors and are fundamental to healthy child and adolescent development.
- Denise Pope
Person
Importantly, reviews of research on homework at the younger grade levels show almost no correlation between time spent on homework and academic achievement, with the notable exception of reading for pleasure. Finally, we're concerned about the inherent inequities presented by homework.
- Denise Pope
Person
We know that at the national level, one in five students do not have adequate technology, resources or support at home to complete the homework they've been assigned. The healthy homework Bill will ensure that educators use evidence based homework practices for consistency, clarity, and equity.
- Denise Pope
Person
Thank you for considering the well being of California children and the critical need for sleep, play, and family time as you review this Bill today.
- Josh Newman
Person
Thank you for your testimony. Other witnesses in support? I'm seeing none. Any witnesses in opposition? Opposition? Witnesses to this Bill? Also seeing none. Let's come back to the dais before we start to Sophia again. Well done. But good news.
- Josh Newman
Person
We passed a Bill, it was my Bill last year about recess that prohibits the denial of recess for anything other than major disciplinary reasons. So if any teacher tries to deny you recess, send them my way.
- Sophia Schiavo
Person
I did see that Bill, actually.
- Josh Newman
Person
Okay, good to hear you're waiting for that. You are following legislation better than my colleagues, so thank you for your good work. Can you name names? We will not. We will not name names. Question or comments from my colleagues. Senator Welk. Sorry, sorry, sorry.
- Scott Wilk
Person
Come on. It's a shadow chair. Great Bill. I think it's long overdue. Fantastic testimony. And I'm so glad that you mentioned that you want to have time for your art because you are fantastic artists. So impressed with all the work I've seen from you. I just remember my son. He wasn't young.
- Scott Wilk
Person
He was junior in high school, AP history. And he's up like every night till one. And I finally go, what's going on? And it's all rote stuff that is just wasting the kid's time. And I said, we're going to get you out of that class. I want you to be a kid. And he's done.
- Scott Wilk
Person
He just bought a house I can't afford. So I don't think not doing enough homework hasn't hurt him. And thank you so much for mentioning the late school start. That is law because I was deciding vote getting out of Senate. Ed. It was a Portantino Bill and I think that saved lives.
- Scott Wilk
Person
So this is just a Kumbaya moment. So I'm happy to move the Bill and I'm going to be supporting it today, obviously.
- Josh Newman
Person
Appreciate that. Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Thank you for this Bill. I think it is very important. You know, interestingly enough, my children started with Montessori and in Montessori we don't have homework. As a matter of fact, the first thing that my kids asked for when they did interest was like they wanted homework. And I thought, wait.
- Rosilicie Ochoa Bogh
Legislator
And now, and then afterwards the mindset changed. But Montessori does not have homework. They do all the work inside the classroom during the day. But it's a different format. A different, just a different format of implementing educational practices.
- Rosilicie Ochoa Bogh
Legislator
But also, I wish it had been done sooner, only because I have an 18 year old that just graduated from high school and he would do incredibly well in everything except for the homework. Just for him, it was just a hard thing to do. So I understand that many, many kids just, I don't know what it is.
- Rosilicie Ochoa Bogh
Legislator
Maybe the, for a variety of factors, it's very hard for a lot of students who are incredibly brilliant, but just when they can do everything in the classroom, but as soon as they go outside or. Yeah, outside of the classroom, outside of the school, homework becomes a huge impediment for their continued wellbeing.
- Rosilicie Ochoa Bogh
Legislator
So thank you for your testimony today, Chris, and thank you so much for this Bill. Happy to support it.
- Josh Newman
Person
Thank you. Any other question? Seeing none. Gladys forward it. Would you like to close?
- Pilar Schiavo
Legislator
Yeah. Thank you for the comments. I think every parent has seen their kids really struggle with this. And it's not only impacted the students, impacts the whole family.
- Pilar Schiavo
Legislator
You know, we, one of the things when I first spoke with Doctor Pope that really was impactful to me is that students are the only ones we ask to do three shifts. You know, they go to school all day.
- Pilar Schiavo
Legislator
Many of them go to after school or after school activities and then they come home and they have to sit down and do homework all night. And so, you know, the rest of us appreciate, I mean, we don't have eight hour days, but if we did, it'd be nice. But we've certainly fought for that, for workers.
- Pilar Schiavo
Legislator
We've fought for weekends off and students don't have those weekends off or eight hour days. So this is a way for us to get back to some kind of balance, I think, for them.
- Pilar Schiavo
Legislator
We're really happy to have the California State PTA support generation up and California public health advocates, among others, supporting this Bill and respectfully request an I vote.
- Josh Newman
Person
Thank you very much. Got a motion from Senator Welk. Madam Casson, please call the roll call.
- Committee Secretary
Person
Item 19, AB 2999. Schiavo [Roll Call]
- Josh Newman
Person
That Bill currently has four votes. We will leave it open for absent Members. Thank you, assemblymember. Thank you, Miss Johnson. Well done. Thank you, Doctor Pope. Moving on. I see assemblymember Alvarez waiting patiently. You will be presenting AB 2586. You and your witness can get set and you may proceed when ready.
- Josh Newman
Person
Witnesses, plural.
- David Alvarez
Legislator
Thank you. Good morning Mr. Chair, and thank you very much for the opportunity to present Assembly Bill 2586.
- David Alvarez
Legislator
The energy you feel by way of some of the noise in the outside halls, you'll get to hear a lot of testimony in addition to the witnesses is a lot of emotion for a lot of individuals who are here on behalf of this bill.
- David Alvarez
Legislator
I feel the same sense of excitement and emotion about being in our almost to the end of this process, this legislative process, to introduce a law in California that will be transformational for a lot of young people who are looking for hope, are trying to find hope in California, and I hope we offer that.
- David Alvarez
Legislator
This bill is inspired by my personal story as a son of immigrant parents who came to this country undocumented to find the better opportunities, that American dream that has made our country such a wonderful place for so many people.
- David Alvarez
Legislator
My family and my siblings certainly were the first dreamers that I knew in my childhood when I was growing up. I know the struggles that many mixed status families and non-citizens go through. It's not easy, even when you are working as hard as you can to give it all.
- David Alvarez
Legislator
California's commitment, though, to higher education means investing in access, affordability, equity, success for all students. And we have done a lot of that work. And you have done a lot of that work.
- David Alvarez
Legislator
Yet thousands face unjust barriers, unable to secure on campus jobs due to their immigration status, which significantly impacts their ability to make payments towards their tuition, supplies, housing and other basic needs that students have. We also know that Congress, time after time, has failed our immigrants and has failed our dreamers, our young people in particular.
- David Alvarez
Legislator
California is home to about 83,000 undocumented students. Just students. However, the number of DACA eligible students on campuses has consisted consistently decreased as court restrictions on eligibility criteria have narrowed the access to that protection of that program to young people.
- David Alvarez
Legislator
That is why the undocumented student led network's bravery to fight this change has inspired me to be before you today. And you will hear from leaders from that student led movement.
- David Alvarez
Legislator
Assembly Bill 2586 is the opportunity for all bill, which would provide equal access to campus employment opportunities for all students while they're earning their degrees, regardless of their immigration status on the campuses of the UC, the CSU and the community colleges in California, our public institutions.
- David Alvarez
Legislator
The bill allows students to be in the applicant pool and levels a playing field for everybody to be able to have access to employment opportunities on campus. California colleges and universities have the legal authority to authorize the hiring of undocumented students and graduates.
- David Alvarez
Legislator
Legal experts at the Center for Immigration Law Policy at UCLA School of Law have identified that the federal prohibition on hiring undocumented people specifically does not include state entities such as the UC, the CSU, community college campuses, a system. An argument that is supported by dozens of the nation's leading legal scholars.
- David Alvarez
Legislator
And I'm sure you've seen that legal scholarly work in your backup. Because the University of California and the State University and the community colleges are arms of the state, they face no legal restriction in hiring undocumented students. Undocumented immigrants are really continue to be the backbone of California's economy.
- David Alvarez
Legislator
However, they often are faced without having access to the benefits that others have. The students who have been vetted by our academic institutions are some of the best and brightest in our state.
- David Alvarez
Legislator
These are students who have been promised that if they work hard enough, as they have been doing all their life, that they will have a future in California. We have invested in them, and now we need to allow them to have employment opportunities. These students have been working hard to enter our colleges.
- David Alvarez
Legislator
California has invested in them, and now is the time for the opportunity. Removing these barriers of employment in California not only ensures equal opportunity, but also strengthens our economy. It is time for California to empower undocumented students to contribute and to thrive the way that they're working hard to do so.
- David Alvarez
Legislator
With that, there are no better witnesses to speak to this, but two students who are at our institutions of higher learning to provide their testimony. You will not hear from our third witness, but he's available here for questions. Kent Wong, Director of community partnerships at the UCLA Labor center, can help answer some technical questions.
- David Alvarez
Legislator
But first, I'll turn it over to Vanessa Cruz Granados.
- Josh Newman
Person
Welcome.
- Vanessa Cruz
Person
Hi. Good morning.
- Josh Newman
Person
You have two minutes.
- Vanessa Cruz
Person
Thank you for having me. My name is Vanessa Cruz. I'm an undocumented non DACA student going into her senior year at UC Irvine. I'm currently pursuing my bachelor's of science in psychology, and I strongly support the passing of bill AB 2586 known as Opportunity Frau.
- Vanessa Cruz
Person
On July 15, it will be 18 years since I've called California home, specifically San Bernardino, and I just turned 21 three days ago. As a young undocumented children, we are told that hard work is enough to overcome any barrier. And at seven years old, I knew I was undocumented.
- Vanessa Cruz
Person
But I saw my father working hard, and he said, at this country, the state was a land of opportunity. When I was 14, DACA was in court, but we had California, and California has always had our back. So I wasn't scared.
- Vanessa Cruz
Person
When I was 20, UC President Drake told me and three other students that they were preparing to implement a plan to remove hiring restrictions for undocumented students. But he lied to us. And for the first time ever, California failed us.
- Vanessa Cruz
Person
Next year, I won't have enough money for housing or for food, and I'll have to look at alternative methods. As someone who has experimented with programs like college corps, it is not enough. I've done it for two years, and I've volunteered over 900 plus hours. And it just comes with financial barriers and limited career opportunities.
- Vanessa Cruz
Person
The unfortunate truth is that students like I, who cannot rely on our parents for support, will find other ways of work. We will be exploited, we will be overworked, and we will continue to be hidden in the shadows. We're not being asked to be treated differently. We only want the same opportunities as our peers.
- Vanessa Cruz
Person
We want something that is recognized as a human right under international law, something all humans have at birth. I need equal access to opportunities so that I can safely contribute to our schools, families, and communities. Today, you have the opportunity to change that and stand on the right side of history.
- Vanessa Cruz
Person
By allowing me and thousands of other students to pursue our educational and career aspirations unhindered by our immigration status, this bill would allow me to finish up my senior year, and I need a Senate Education to support this bill. Thank you for having me.
- Josh Newman
Person
Thank you for your testimony. Welcome, sir. Hello.
- Unidentified Speaker
Person
Good afternoon or good morning.
- Unidentified Speaker
Person
Two minutes. Hi, my name is David. I'm a student at Folsom Lake College, and I'm here to share my testimony in hopes that the AB 2586 bill shall pass. I'm an undocumented student without DACA, and I have been going to school since I was five here in California.
- Josh Newman
Person
You have two minutes.
- Unidentified Speaker
Person
I'm currently pursuing a BA in studio art, and I would like to be a teacher someday. Ever since I was a little kid, I always wanted to be somebody my parents were proud of, and starting a college education would help that dream become a reality.
- Unidentified Speaker
Person
I graduated high school in 2017 and enrolled myself in college that same year.
- Unidentified Speaker
Person
After my first semester, I came to realize that I did not have the same financial resources, financial resources to continue my education due to my undocumented status, I did not have the same opportunities as my peers to get employed on campus, and as a result, I had a drop out of college that same year.
- Unidentified Speaker
Person
In 2021, I applied for DACA, only to be let down because a federal judge had come to pause. Any new applications were being processed. This sense of rejection hindered my aspirations to go back to college.
- Unidentified Speaker
Person
Nevertheless, after four years of not being in school, I came to the determination that I was going to continue college no matter the obstacles that I would face.
- Unidentified Speaker
Person
As I came back to college, I also came back to the reality that I am still not able to work or getting any paid internships simply because of my immigration status. This had led many doors of opportunities to be closed to me, my brother, and thousands of undocumented students in the State of California.
- Unidentified Speaker
Person
I will be turning 26 this year, and I would have thought that by now all students, regardless of their immigration status, would have had the right to equal employment within the same school system that has encouraged us since we were little to earn an education and follow our dreams.
- Unidentified Speaker
Person
I hope everyone here today understands the importance of this bill, and I urge all Members of the Senate of Education, Senate Education Committee to support the AB 2586 bill. Passing this bill is crucial to provide equal access to employment opportunities to thousands of students.
- Unidentified Speaker
Person
It will allow us to expand our skills, share our unique ideas, and learn from each other, ensuring California remains a land of opportunities. Thank you, and thank you for your time and consideration in contributing to California's future.
- Josh Newman
Person
Thank you for your testimony and any other witnesses in support. Please come forward to the microphone. Say your name, your organization, and your position on the bill, please.
- Caroline Wynn
Person
Caroline Wynn on behalf of the UC Student Association, we are in strong support.
- Josh Newman
Person
Thank you. Next, please.
- Carol Gonzalez
Person
Hi, good morning. Carol Gonzalez on behalf of Long Beach City College, California State Student Association, and on behalf of my friends who couldn't be here, Gaddis and the Central American Resource Center, and US Fire. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Faith Lee
Person
Good morning. Faith Lee with Asian Americans Advanced in Justice, Southern California. We're in support.
- Josh Newman
Person
Thank you. Next, please.
- Kimberly Sanchez
Person
Good morning. Kimberly Sanchez with Next Gen California in support.
- Kimberly Sanchez
Person
Thank you. Next, Please.
- Chris Meyers
Person
Good morning. Chris Meyers with the California School Employees Association in support.
- Josh Newman
Person
Thank you. Next, please.
- Marshall Nakatani
Person
Good morning. Marshall Nakatani with UAW 4811 representing 48,000 academic workers at the University of California in strong support.
- Josh Newman
Person
Thank you. Next, please.
- Ryan Manriquez
Person
Hi there. Ryan Manriquez, I'm a master of public policy student at UC Berkeley's Goldman School of Public Policy, and I serve as, President for the UC Graduate and Professional Council advocating for over 60,000 students in the UC system. We're in strong support.
- Josh Newman
Person
Thank you and good to see you. Next, please.
- Elmer Lizardi
Person
Elmer Lazard on behalf of the California Labor Federation, in strong support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Cox Carmen-Nicole
Person
Good morning. Carmen Nicole Cox, ACLU California Action in strong support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Jeffrey Munoz
Person
Good morning. Jeffrey OmaYo Munoz, I'm a recent graduate of UCLA, an incoming undocumented graduate student at Cal State LA, from San Bernardino, California, in strong support of this bill.
- Josh Newman
Person
Thank you. Next, please.
- Corellia Rios
Person
Hi, I'm Corellia Maya Rios. I'm a graduate student at UCLA studying public policy, undocumented without DACA, and I'm in strong support because it changed my life. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Good morning. My name is Jasmine. I'm an undergraduate at UC Irvine. I'm with the undocumented student led network, and I'm in strong support because this Bill would greatly impact me and for the better. And, yeah, I'm undocumented.
- Josh Newman
Person
Thank you. Next, please.
- Nelson Guardado
Person
Hi, my name is Nelson Guardado. I'm a student at UC Irvine and. An ally to undocumented students. I care and I support the bill. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Yesenia Jimenez
Person
I'm Yesenia Jimenez with Grace and Child Poverty in California, also a former UAW 2865 Member and a daughter of two undocumented parents, one of whom was deported for working while undocumented.
- Josh Newman
Person
Thank you. Next, please.
- Fatima Zefferino
Person
My name is Fatima Zefferino, undocumented student at California State University, Long Beach. I hope to become a lawyer one day and I strongly support this bill. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Tanya Figueroa
Person
Good morning. My name is Tanya Figueroa. I'm the community students at Cal State, Long Beach, and I strongly support this bill because it will change my life. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Hello, I'm Anna. I study math and library studies. I'm documented. I go to UCLA and I am hungry for food and justice. I support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Lorena Carranza
Person
Good morning. My name is Lorena Toledo Carranza. I'm an undocumented student and also serving as a Senator for the College of Science and Mathematics at California State University, Norridge. And I strongly support AB 2586.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Good morning. Undocu graduate student at Kosti, Long Beach, currently pursuing my teaching credential, so I strongly support this Bill. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Delores Huerta
Person
Good morning. Delores Huerta. Delores Huerta, Foundation for Community Empowerment and strong support of this bill. Thank you.
- Josh Newman
Person
Thank you, Miss Huerta, good to see you. Next, please.
- Leo Rodriguez
Person
Hello, my name is Leo Rodriguez. I am alumni of UC Berkeley and outgoing President of UC Berkeley Ideas, as well as Member of the Undocumented Community Council under UC Berkeley Division of Diversity and Equity here in support.
- Josh Newman
Person
Thank you. Next, please.
- Diane Ortiz
Person
Hi, my name is Diane Ortiz and I'm undocumented student with Al Daca, a recent UC Berkeley graduate, and I support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Esmeralda Martinez
Person
Hi, I'm Esmeralda Martinez. I'm a rising senior at UC Berkeley studying political science and data science, and I'm in support of this bill.
- Josh Newman
Person
Thank you. Next, please.
- Eris Gonzalez
Person
Hi, my name is Eris Beth Campos Gonzalez. I'm documented. I'm a graduate student at UCLA pursuing my master's in social work, and I strongly support this bill. Thank you.
- Josh Newman
Person
Next, please.
- Lionela Cruz
Person
Hi, my name is Lionela De La Cruz, Sac State alumni. I'm undocumented, and I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Jacob Oakton
Person
Hello, I am Jacob Oakton. I am a student at UC Merced, and I am in strong support of this bill.
- Josh Newman
Person
Thank you. Next, please.
- Leo Rodriguez
Person
Hello, my name is Sylvia Rodriguez, a UC Davis student and undocumented. I am strong support of this bill.
- Josh Newman
Person
Thank you. Next.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Hi, my name is Abraham. I've been an undocumented undergraduate student at UCLA. I want to continue my education, and. I support this bill.
- Unidentified Speaker
Person
Hello, my name is Janet. I'm a recent graduate from UC Merced, study cognitive science, and I strongly support this bill, not only for myself, but my younger siblings, who are also undocumented. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Hi, my name is Viridiana. I'm an undergraduate student at UC Merced studying computer science and engineering. I myself am undocumented. I'm representing Undocufied, United with Dream Action, and United with Dream Network. Thank you. And I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Hello, my name is Yael. I attend Merced college, and I strongly support this bill, and so will my friends, who are also undocumented in Merced college.
- Josh Newman
Person
Thank you. Next, please.
- Josh Newman
Person
Thank you. Next, please.
- Calvin Monroe
Person
Good morning. Doctor Calvin Monroe, dean of student services, representing Los Rios Community College District, strongly support this bill.
- Angelica Martinez
Person
Hello, my name Angelica Perez Martinez, from Folsom La College, in strong support of this bill. Thank you
- Josh Newman
Person
Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Jimene Livga
Person
Hello, my name is Jimene Livga, and I'm in strong support of this bill.
- Josh Newman
Person
Thank you. Next, please.
- Alvin Skill
Person
Hello. My name is Alvin Skill. I'm from Folsom Lake College, and I support. Yeah.
- Josh Newman
Person
Thank you, Next.
- James Lay
Person
Next. Hello. My name is James Lay. I'm a student support analyst assistant at Folsom Lake College. I'm in support of this bill. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Melissa Captivilla
Person
Hi, I'm Melissa Captivilla and I work with Folsom Lake College, and I strongly support.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Good morning. I work for Folsom Lake College, and I support this bill.
- Theo Nee
Person
Hello, my name is Theo Nee from Folsom Lake College, and I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Josh Newman
Person
Thank you. Next, please.
- Cherie Sistomo
Person
Good morning. My name is Cherie Sistomo and I have the honor of serving as Folsom Lake College's Director of Native American Student Support and Success program. Program. And on behalf of our program, we strongly support this bill. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Eva Jimenez
Person
Eva Jimenez. On behalf of the Coalition for Humane Immigrant Rights and strong support.
- Josh Newman
Person
Thank you. Next, please.
- Unidentified Speaker
Person
Hello, Guadalupe. I work for the Undocu Falcons center at Folsom Lake College and in support.
- Josh Newman
Person
Thank you. Next.
- Josh Newman
Person
Thank you. Next, please.
- Eli Smith
Person
Hello. Eli Smith, LGBTQ program coordinator at Folsom Lake College, and I supported this bill.
- Odera Avendanio
Person
Hi, everyone, my name is Odera Avendanio. I am a prospective grad student at UCLA getting a master's in public policy, and I fully support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Bella Kern
Person
Bella Kern. On behalf of Los Angeles Community College District, in support.
- Josh Newman
Person
Thank you. Next, please.
- Janine Cohen
Person
Janine Cohen. I'm a graduate student and a citizen and I live in Berkeley, California. California. Oh, my God. Sorry. Nervous. I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Mark Mac Donald
Person
Thank you. Mark Mcdonald. On behalf of the Southwestern and Rancho Santiago Community college districts in support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Kasha B Hunt
Person
Kasia Hunt with Nosimon here on behalf of Citrus College, in support.
- Josh Newman
Person
Thank you. Next, please.
- Candace Youngblood
Person
Candace Youngblood, Berkeley High teacher and strong support.
- Josh Newman
Person
Thank you. Next, please.
- Ann Wolf
Person
Ann Wolf. I'm a college educator. I have taught at Cal State East Bay and UC Davis. I'm also a UC Berkeley alum and I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Karis Taylor
Person
Karis Taylor, Berkeley High teacher. Strong support.
- Josh Newman
Person
Thank you. Next, please.
- Tiffany Mock
Person
Tiffany Mock, proud to co sponsor the bill in support. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Stephen Filing
Person
Good morning. Stephen Felling. On behalf of California Faculty Association, enthusiastically supporting this.
- Josh Newman
Person
Thank you, sir. Next, please.
- Unidentified Speaker
Person
Just keep it Core with Folsom Lake College, strongly in support.
- Josh Newman
Person
Thank you. Next, please.
- Carla Hernandez
Person
Carla Hernandez with Folsom Lake College and strongly in support as well.
- Josh Newman
Person
Thank you. Next, please.
- Violeta Murillo
Person
Hello, my name is Violeta Murillo. I am a second year graduate student at Cal State LA, and I strongly support this bill.
- Josh Newman
Person
Thank you. Next, please.
- Tiffany Mock
Person
Sorry, I just wanted to clarify. Tiffany mock, on behalf of CFT support.
- Josh Newman
Person
Appreciate the clarification. Next, please.
- Unidentified Speaker
Person
Hello. Evadieth, mother of two students in Berkeley. I strongly support the bill.
- Josh Newman
Person
Thank you. Any other witnesses in support? Witnesses in support and seeing none. Let's now go to opposition. Welcome. And you can come to the table. Sure. And we will make space. Can we get another chair? No, it's okay. You okay, Mister Bakke.
- Mario Guerrero
Person
Is it afternoon? Not yet. Just seeing it. Good morning. Mario Guerrero. On behalf of The University of California, first, I want to say that we are not in opposition. Looking at the analysis and knowing the author's intent and looking at what the students are asking for, it would be hard pressed to see any opposition.
- Mario Guerrero
Person
So I'm personally glad that there is an opposition, and I would say that there isn't. With the exception of one item, there are no disagreements in terms of what has been shared by the students and by the author. We absolutely agree that students, all students, undocumented students, should have access to equal opportunities, should have access to jobs.
- Mario Guerrero
Person
We absolutely agree that they are some of the brightest minds of our state, our country, our world. That's why we have them in our University system. All of that is absolutely, 100% true. And I'm going off script because I feel this personally, which you normally, professionally don't do.
- Mario Guerrero
Person
The one disagreement that we continue to have is whether the University can legally do what this Bill asked us to do. And unfortunately, the University believes we can't. And I, again, going off script just because I, everyone in this room should feel what these students are going through. Absolutely everyone. No one should go hungry.
- Mario Guerrero
Person
Everyone should have opportunity. And it's hard to come to these hearings day in and day out and hear that and understand that and feel like the University has its hands tied. That's that part of what I wanted to share.
- Mario Guerrero
Person
On the informational side, I do want to share that the University of California has come up with what it believes is the best alternative it can put put forward, which is experiential fellowships.
- Mario Guerrero
Person
I've mentioned this in other hearings previously, and I think it's important, especially as we have undocumented students here with us, that they know about that, that they know that they can get more information through their dream resource centers that will offer work experience and payment. We know this is not work, but it is something that is available.
- Mario Guerrero
Person
So it's important to share here. I will finish up by just saying we look forward to, you know, the continued conversation on this topic. Thank you very much.
- Eric Bakke
Person
Appreciate that, Mister. Bakke, Eric Bakke with the California State University. We too also do not have a position on the bill. We just want to express our sincere appreciation to the author for bringing this bill forward. We respect his motivations. We also respect the students that came before us today to speak.
- Eric Bakke
Person
We encourage every student to have the opportunity. There shouldn't be any restrictions or barriers. Truly believe that. However, similar to what the UC has noted, we do have concerns about the legality about the proposal, the theory that is being proposed in this bill, and we'll continue to engage in this discussion, but for the time being, we remain.
- Eric Bakke
Person
Concerned, doing not appreciate that otherwise in opposition.
- Josh Newman
Person
Okay, seeing now, let's come back to the dais comments from my colleagues. I guess I have them, but go ahead.
- Rosilicie Ochoa Bogh
Legislator
I echo the sentiments of the witnesses today with regards to the need of. Of having the opportunity which brings dignity to be able to work for anyone. On that end, as a daughter of immigrant parents, I share the sentiment of wanting to make the American dream a reality. Absolutely. Without a doubt.
- Rosilicie Ochoa Bogh
Legislator
And let me preface my comments with the fact that for the record, and I think everybody is in 100% agreement, we absolutely need 100% immigration reform in this country.
- Rosilicie Ochoa Bogh
Legislator
And it's incredibly disappointing for me that neither, you know, and I don't want to make this a political thing, but neither party, Democrats or Republicans who have had full control of Congress, has taken the initiative to make that happen in the United States, neither, having said that, with the particulars of this particular Bill or the specifics of this particular Bill, it's been noted.
- Rosilicie Ochoa Bogh
Legislator
So, first of all. Well, let me begin with this part first, and then we'll continue with my other question. So, according to the author, this measure attempts to define by legal definition that the University of California is not considered a person, but in the federal code. And I'm not a legal expert.
- Rosilicie Ochoa Bogh
Legislator
I'm just reading what I've been given here, that the University of California is not a person and therefore not subject to the measure, but the federal code of regulations further defines an employer, for the purposes of the statute, as a person or entity, including an agent or anyone acting directly or indirectly in the interests thereof, who engages the services of labor of an employee to be performed in the United States for wages or enumeration.
- Rosilicie Ochoa Bogh
Legislator
So the concern that I. That I understand is happening here is that the possibility that the employees involved in the hiring process, the faculty, the human resources and legal professionals, could be subject to criminal or civil prosecution if they knowingly participate in practices deemed impermissible under the federal law.
- Rosilicie Ochoa Bogh
Legislator
I think that's the concern in the legal language that brings concern to this particular policy. And I'm not a legal expert. This is just what I have, the notes that I have here.
- Rosilicie Ochoa Bogh
Legislator
On the practical side of the measure, I understand that for business owners who are undocumented, they have an itin number that they can utilize to file taxes, which actually helps them in the process of moving forward in their immigration application.
- Rosilicie Ochoa Bogh
Legislator
With regards to the students, what would there be an equivalent to, for the students to be able to pay federal taxes? Because if you're working. How would you go about paying taxes and having that identification at the federal level?
- David Alvarez
Legislator
Thank you. So this is a question that's been analyzed. I'm going to ask. Can't chime in because to give a little tiny bit of background, one of the students mentioned that this proposal was moving forward through the UC. The regents were going to potentially implement this at the UC level.
- David Alvarez
Legislator
And in preparation of that, the UCLA Law center and the labor center, working with the student Latin Network, actually started to talk about how does this get implemented? So that's why I'd like the witness to respond to.
- Kent Wong
Person
Good morning. My name is Kent Wong with the UCLA Labor center. I've been part of the UCLA faculty where I've been teaching labor studies and ethnic studies for more than 30 years. Some of the finest students in my career have been undocumented students.
- Kent Wong
Person
If I had the opportunity today, I would hire them as my teaching assistants, as my researchers. They would make vast contributions to the University, as well as enable them to obtain the career experience that they need in order to successfully pursue their long term careers.
- Kent Wong
Person
Some of the finest immigration attorneys in the country, through the UCLA Law School, have conducted extensive research and have determined that the 1986 Immigration Reform and Control Act was never written to require the states and state entities to implement employer sanctions. It specifically called on the Federal Government to require employer sanctions as well as private businesses.
- Kent Wong
Person
It was silent with regard to the state. This has been vetted and supported by law school deans within the University of California and dozens of legal and constitutional scholars around the country. We had a two year process of conversation with the UCOP and the UC General counsel.
- Kent Wong
Person
At no point did they question the fundamental legal arguments and premise that is presented to them.
- Kent Wong
Person
So this is interesting that although the UCOP claims that they are not speaking in opposition, this is the first time that they are challenging the legality that has never been brought to our attention, that they are disputing the legality of AB 2586 and we have had conversations with the General counsel and we've had conversations with the UC office of the President.
- Kent Wong
Person
It is our contention that the California State Legislature has taken the correct position in support of AB 540 to allow undocumented students to attend without paying out of state tuition, has taken the correct step with regard to allowing drivers licenses for undocumented immigrants, has taken the right steps in providing healthcare access for undocumented immigrants, and through the efforts of many here in California in securing DACA deferred action for childhood arrivals that has provided employment rights for many young people.
- Kent Wong
Person
So we strongly support AB 2586. It is clearly within legal grounds.
- Josh Newman
Person
Well, I appreciate that. So I'd ask you to focus on the, the Senator's question, if you want to rephrase it, helpful.
- Rosilicie Ochoa Bogh
Legislator
That was. I appreciate the comment. I just. The question was, I understand that business owners have the ability to garner an ITin number in order to pursue and pay taxes, which it shows after a couple of years.
- Rosilicie Ochoa Bogh
Legislator
It shows, actually, that they're here in good faith and are wanting to be part of the system, and it helps them with the immigration application. Moving forward. With these particular students, what would they utilize in order to pay their federal taxes and be in, I guess. In what? Yes. In compliance with their wages.
- Kent Wong
Person
Yes. Thank you for that question. So the reality is that under DACA deferred action for childhood arrivals, many undocumented young people have been able to gain legal work authorization through use of itins. These are not Social Security numbers. DACA employees do not have Social Security numbers.
- Kent Wong
Person
However, through ITIN, they can legally work and they contribute through their taxes that are documented through their ITIN.
- Josh Newman
Person
So that's the answer? The answer is they would have the same ITIN reporting requirement as any other workers, is it not?
- Kent Wong
Person
Yes. ITin would provide that opportunity for the employer, to the public universities and colleges to document their work and their payment.
- Rosilicie Ochoa Bogh
Legislator
Okay, so DACA students are able to do that. But what happens to students like our witnesses who are not part of the DACA? That are not part of the daca? That's correct.
- Kent Wong
Person
So the unfortunate reality is that given the legal restrictions preventing new young people to apply for DACA, we have increasing numbers of undocumented students in all three levels of higher education who no longer can access DACA. And we have many DACA recipients who cannot reapply because of these restrictions.
- Kent Wong
Person
However, if AB 2586 is passed into law, it would enable undocumented students at all three levels of higher education to work within the public college system through use of itins.
- Rosilicie Ochoa Bogh
Legislator
So what you're saying that this particular Bill would actually enable students who are not part of the DACA program to receive an ITIN number?
- Kent Wong
Person
Many have ITIN numbers already, but yes, it would enable them to legally work within the community colleges.
- Rosilicie Ochoa Bogh
Legislator
The question.
- Kent Wong
Person
Yes, please.
- Rosilicie Ochoa Bogh
Legislator
I just want to make sure that you clarify on record that the students who do not belong or not part or do not are not accepted within the DACA program, outside of the DACA, who are undocumented, are able to procure an ITin number and therefore participate in paying there, and who assigns the ITIN number.
- Kent Wong
Person
Process of applying for itin is separate from the immigration process. An ITin provides individuals to register.
- David Alvarez
Legislator
And the short answer is the IR's provides the ITIN numbers.
- Rosilicie Ochoa Bogh
Legislator
The IRS. So the federal level. Yes. So the federal entity gives the ITIN numbers, and it's clear that according to what you just cited, that they will. The Federal Government will give the students that are not part of, currently part of the DACA that are undocumented in ITIN number.
- David Alvarez
Legislator
There are many undocumented individuals in the State of California that have ITIn numbers today who are not DACA. So, yes.
- Josh Newman
Person
This actually isn't super useful at this point, but please get clarification, because there are. I think I answered the question. I think you did. There's a number of, you know, sort of details that naturally proceed from the employment. That question here is, is it legal? But go ahead.
- David Alvarez
Legislator
Yeah. Again, people in California, and actually not just in California, in the country who are undocumented today can have ITIN numbers and do have ITIN numbers, and they are not DACA.
- Rosilicie Ochoa Bogh
Legislator
So, interesting enough, the Federal Government will give you an itin number even if you don't belong to. That's correct. Okay.
- Unidentified Speaker
Person
All right.
- Josh Newman
Person
You good? Yeah. Okay. Yes, sir. Senator Cortese.
- Dave Cortese
Legislator
I'm very supportive of the bill and appreciate the author, you know, challenging us, really, as a state, to be bold, you know, in this area.
- Dave Cortese
Legislator
And really, I think, kind of force the issue is, the way I would put it, I don't want to apply, you know, or attribute something to the author that he's not trying to say. But that's just my view of it, is sometimes you have to force the issue.
- Dave Cortese
Legislator
The concern is, you know, downstream, and I respect this on the UC side, is that when you force the issue, you don't always win.
- Dave Cortese
Legislator
And, you know, in 2016, after the presidential elections, immediately upon inauguration, within 24 hours, the then President issued an Executive order which completely changed the immigration laws and basically said that the penalty for not complying with those immigration laws would be that if you're receiving federal funding for your medical programs, that that would all be called back.
- Dave Cortese
Legislator
I happened to be at the County of Santa Clara at that time as the President, Board of Supervisors. We filed suit, which was ultimately prevailed at the United States Supreme Court overturning that. But that's the kind of consequences you get when sometimes when you're bold.
- Dave Cortese
Legislator
And I guess I just want to say I respect and understand University of California's institutional position, which is, Bob, paraphrase it.
- Dave Cortese
Legislator
Look, you know, we hate to make the rest of the University system vulnerable if we get, you know, the wrong individual, you know, in that office or that kind of quick action by the Federal Government that immediately tries to come in and use the purse strings, you know, to penalize and punish, not us as the State of California, but in effect, the systems that are trying to implement this.
- Dave Cortese
Legislator
And then ultimately that has an impact on the students themselves because that usually comes hand in hand with policies that, not to be scary, but, I mean, this has happened.
- Dave Cortese
Legislator
We just live this history over the last eight to 10 years, you get corresponding actions, Ayes actions and other actions that come in and try to further punish people for going down this path.
- Dave Cortese
Legislator
All that said, I think it's worth it, but it's easy for me to say because I'm not one of the most vulnerable in this situation. I'm a State Senator. I'm pretty much insulated from a lot of the unintended consequences that might come. But I think it's really, really important because it's unsustainable where we're at right now.
- Dave Cortese
Legislator
And I think the statistics about how many folks we have who are stuck in the middle. I have a DACA employee now, State of California. I had two as a county supervisor. They weren't always able to maintain that status continuously during the process.
- Dave Cortese
Legislator
And that creates a problem, too, where all of a sudden you have a gap and the employer says, sorry, you're basically going to have to go on unpaid leave of absence. That's tough when you're a kid or when you're a student, kind of a starving student person.
- Dave Cortese
Legislator
And all of a sudden now you can't work for a few weeks while you're waiting for, you know, a federal reapproval of your status. You know, this would solve that, you know, if, if it can be sustained. So again, that's, that's why I'm supporting it.
- Josh Newman
Person
Other Members? No, some of you Member Alvarez. Let me ask couple of questions that relate to the concerns expressed by the UC as to the legality. And, you know, your Bill is based on a theory, I guess, an interpretation law that says the immigration reform and Control Act does not apply to state governments.
- Josh Newman
Person
I do think looking at the judiciary analysis, you know, they validated, at least within our kind of sphere, that theory. But can you walk us through how this theory could or will be tested?
- David Alvarez
Legislator
Sure.
- David Alvarez
Legislator
And you referenced the, it's a 27 page legal memorandum on the analysis of the 1986 Immigration Reform and Control Act, which this is based off of, which is what is silent on the issue of states explicitly and based on case law, including Supreme Court precedence, that federal law, when federal law does not mention states explicitly, that federal law does not bind state governments and their entities.
- David Alvarez
Legislator
And that is really the summary of the 1986 law of which this is based off of Senator Cortese mentioned consequences which, you know, I think are, everybody's very cognizant of that. I'm cognizant of that. Certainly the students who, without them we wouldn't be here today, they're cognizant of that.
- David Alvarez
Legislator
They've been bravely attending and speaking up and identifying themselves in a very vulnerable way to at this point. It's got to be thousands of people through these hearings, through the UC process, and they understand the unintended consequences. I think that's what your question is about.
- Josh Newman
Person
Now, the real question is, how will this be tested and to Senator Cortese point, in some affirmative way before we get into perspectively a political situation where it gets very concerning, it could be.
- David Alvarez
Legislator
Tested at any time, just like any other law that we introduced. It could be challenged. And that is a very real reality that we face with every law that we introduce, but this one that unfortunately seems to encourage different personalities to try. And we understand that that could happen. We could be challenged in court.
- David Alvarez
Legislator
This could be a case that goes through the appellate process, potentially goes Supreme Court process. We cannot determine whether that will happen or not. But the case law that's cited as to why we think this would even win at the Supreme Court level is why we even have this bill before you today.
- David Alvarez
Legislator
We would not be introducing a bill that we think had absolutely no chance of being legally proven correct.
- Josh Newman
Person
Clearly. And so I guess Senator Chobok touched on some of this. So to the extent that your interpretation or the interpretation here is that the state is not included in the provisions of IRCA, could the Legislature, as an example, hire a non DACA undocumented person? And have we.
- David Alvarez
Legislator
So it is the opinion of legal scholars, which I was not one of the ones who drafted this, but I have read this opinion. It's been at least five times, and I highly suggest everybody who's interested should read it, because it was shocking to see how clearly this is definitely possible.
- David Alvarez
Legislator
This could be applied, in my opinion, in their opinion, to state and to anything that's a state entity.
- David Alvarez
Legislator
We decided, and we thought that it made the most sense given the work that the student led network has been leading for a couple of years through the UC, they went through a process of how this would be implemented from an HR perspective, that we could much more simply and quickly apply this to where students are, which is on campuses.
- David Alvarez
Legislator
That's the natural place where these students are. And that's why this bill is limited just to that.
- Josh Newman
Person
I appreciate that. So kind of under that theory, what provisions are contained or what's your thinking?
- Josh Newman
Person
What if community college system, the CSU, but particularly UC, if they believe that they may not be legally able to implement this bill, particularly UC, to whom we afford substantial kind of constitutional autonomy, what, if any, remedy might they have, but by extension, what would compel them to do so?
- David Alvarez
Legislator
So, as you know, with every bill related to the UC, their constitutional authority is what it is, and we cannot mandate through a legislative process them to do anything.
- David Alvarez
Legislator
So this is requesting that they participate, and we would actually hope that they would join in any potential legal action that needs to be taken to commit to joining with the Attorney General in defending this law on behalf of community colleges, on behalf of the CSU system, and in their case, on behalf of the UC system.
- Josh Newman
Person
So that's in effect the answer, that at some point it would be needed to be tested in a court at. Whatever level it could be tested. You're correct. Okay. Appreciate that, Mister Gordon. I'll give you a chance to respond to that. But I think these are, you've raised some important concerns and I think they are worth considering.
- Mario Guerrero
Person
I would just reiterate what the author said, which is that at some point this might include the courts weighing in on whether AB 2586 is a policy that the UC can implement.
- Josh Newman
Person
Appreciate that. Any other questions? Comments? Colleagues? We have a motion from Senator Curtace. I share some of the concerns I think they will play out.
- Josh Newman
Person
I particularly share Senator Curtis concerns about political environments and how they might change and affect students, especially students who have otherwise been just incredible by way of your belief in our system and your willingness to keep pushing forward. So I commend both the student witnesses for being here today. And would you like to close?
- David Alvarez
Legislator
Thank you, Mister Chair. Given that this is the Last Committee that I think will have the opportunity to testify, I want to take a moment to thank the students who, without their support, without their hard work, without their dedication and their passion, we would not be here today.
- David Alvarez
Legislator
You heard from two students today, but throughout this entire process, legislative process, we have heard from multiple students at every hearing. And I continue to be inspired. I hope you're also inspired by what's before us. This is the future of California. This bill is about the future of California.
- David Alvarez
Legislator
I want to tell David because I had not had a chance to meet him before, but he said he hopes that his parents would be proud of him. I want to tell you they are. They're definitely going to be proud of you. And I'm really proud of all the students for being a part of this.
- David Alvarez
Legislator
It is not difficult. They are very. It's amazing how from vulnerable, you can go from vulnerable to being strong.
- David Alvarez
Legislator
I think they're some of the most strong and courageous people today in hopes that California responds in kind to their dedication, to their commitments, to do what we ask of all of our young people, which is to stay in school and do well, and that the opportunity will be for them.
- David Alvarez
Legislator
On the other end, for these students, that opportunity does not exist. We can sit here and try and figure out what would happen under one Administration at the federal level versus another. We have heard what one of the candidates has said about undocumented immigrants. Project 2025 says that immigrants will all be deported.
- David Alvarez
Legislator
All the millions of immigrants throughout our country. That is a reality that is facing us no matter what we do with this Bill.
- David Alvarez
Legislator
This is an opportunity to provide some hope, as I mentioned earlier, to young people who are giving us hope with their testimony, with their work, and what they've done to get us to where we are today.
- David Alvarez
Legislator
So for those reasons, I hope that you join me in providing that hope for opportunity for all of our students here in California, and that California once again leads our nation in making sure that we are addressing some of our most vulnerable, but also some of our most hardest working in the future of our state and our country.
- David Alvarez
Legislator
I urge your. I vote.
- Josh Newman
Person
Thank you. We have a motion from Senator Tasey, Madam consultant. Please call the roll.
- Committee Secretary
Person
File item 15 AB 2586.[Roll Call]
- Josh Newman
Person
That measure currently has three votes. We will leave it open for the absent message. Thank you, Mister Chair. And thank you to our witnesses, particularly our student witnesses.
- Josh Newman
Person
Thank you to all the students as well to Assembly Member Al Res, not just for being here today, but for being part of this process all the way up to now. Thank you very much. And next we have Assembly Member Muratsuchi. Thank you for waiting so patiently. My counterpart, the Chair of the Assembly, community education.
- Josh Newman
Person
I'm sure you've enjoyed watching how we do our business for longer than you thought you'd have to.
- Al Muratsuchi
Legislator
Thank you very much, Mr. Chair. Senators, I am here to present Assembly Bill 2473 which is an Assembly Education Committee bill that has provided the legislative vehicle for us to review a proposal in the Governor's Budget related to teacher credentialing in the arts to make sure that we will have enough teachers for the rollout of Proposition 28 art and music programs throughout the state.
- Al Muratsuchi
Legislator
This bill is the product of negotiations discussions with the Administration. The bill supports our workforce needs in arts education by streamlining the process for existing teachers to earn a supplemental authorization in a new subject such as art, music, theater, and dance.
- Al Muratsuchi
Legislator
And additionally, this bill will expand options for teachers to earn a supplemental authorization in California using authorizations they earned in other states. Finally, this bill contains cleanup language related to another subject bill enacted last year on newcomer students.
- Al Muratsuchi
Legislator
With me in support of this bill, we have Chad Zellinger representing the California Music Educators Association and Melissa Bramingham, representing the California Dance Education Association.
- Chad Zellinger
Person
Thank you. So good morning, Committee, Chairperson Newman, wherever you might be, and the Members. I'm Chad Zellinger representing the 1,700 members of the California Music Educators Association. I have been a music teacher going on in my 25th year and I currently am assistant professor for music education at Sacramento State University.
- Chad Zellinger
Person
I am here to express our strong support of AB 2473, amended June 24. Much work and discussion has taken place in this bill. As amended, CMA believes this version of the bill benefits all educators in addition to art, dance, music, and theater.
- Chad Zellinger
Person
As amended, AB 2473 would do the following allow a single multiple subject credential holder to add a supplementary authorization in art, theater, music, dance, science, math, etcetera. Out of state, single and multiple subject credential holders would be able to receive equivalent supplementary authorizations that recognize their out of state credentials.
- Chad Zellinger
Person
This includes all multiple and single subject areas with the exception of special education. Lastly, as amended, a credentialed teacher would be able to demonstrate subject matter competency for a supplementary authorization through any of the existing methods available to single subject credential candidates. Existing law only authorizes supplementary authorizations through coursework or a major in the subject.
- Chad Zellinger
Person
This will allow CSET coursework and transcript review as viable options for supplementary authorizations. As amended, CMA believes that AB 2473 clarifies and strengthens existing credentialing requirements specific to supplementary authorizations for single subject, multiple subject, and out of state credential holders.
- Chad Zellinger
Person
The teacher shortage would be addressed with these clarifications, and students would benefit from instruction by qualified teachers in all subjects. It is for these reasons, CMA fully supports AB 2473 as amended June 24, 2024. I would like to thank the committees and staff for all of their time and effort on this bill. Please vote yes on AB 2473 as amended.
- Rosilicie Ochoa Bogh
Legislator
Welcome, Ms. Bramingham.
- Melissa Bramingham
Person
Hi. Welcome. Thank you. Good day to Chair Newman and Members. I'm Dr. Melissa Bramingham and I'm representing the California Dance Education Association, CDEA. We are in support of AB 2473 as amended on June 24. This bill marks a crucial step forward for educators, including those in art, dance, music and theater.
- Melissa Bramingham
Person
AB 2473 in its current form, achieves several key goals. It empowers single and multiple subject credential holders to add supplementary authorizations in diverse fields like dance, theater, music, art, science, math. It ensures that out of state, single multiple subject credential holders can swiftly obtain equivalent supplementary authorizations recognizing their out of state credentials.
- Melissa Bramingham
Person
And it allows credentialed teachers to demonstrate subject matter competencies through various methods, enhancing flexibility and accessibility. These changes in AB 2473 will help alleviate teacher shortages and ensure students receive quality instruction. We appreciate your attention to detail addressing these teacher shortages and rather than creating barriers, have strengthened equitable access in all subjects. So we sincerely thank the Committee and budget staff for their diligent work on this bill. And CDEA urges a yes vote on AB 2473. Thanks so much.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Ms. Bramingham. Sorry.
- Josh Newman
Person
Thank you. I'm back. Sorry I left. Have you testified yet? Was it good? Were you good? Very persuasive? All right, any other witnesses in support, please come forward. Seeing none. Any witnesses in opposition? Clearly it was persuasive. So, seeing none. Let's come back to the dais. Questions, comments from my colleagues?
- Josh Newman
Person
I am glad to support this bill. Anything from anybody? So, do we have a motion? A motion from Senator. Senator Cortese makes the motion. Assemblymember, if you'd like to close.
- Al Muratsuchi
Legislator
Thank you. Respectfully ask for your aye vote.
- Josh Newman
Person
Thank you. Madam Consultant, please call the roll.
- Committee Secretary
Person
File item 14, AB 2473, Assembly Committee on Education. Motion is do pass to Senate Appropriations Committee. [Roll Call]
- Josh Newman
Person
All right, that measure currently has five votes. We will keep it open for our absent Members. Thank you to the witnesses. Thank you to my colleague. Which now brings us to agenda item number 18. Assemblymember Zbur, welcome. You will be presenting on AB 2918. You and your witnesses are welcome.
- Josh Newman
Person
And so if you'd like to come-- You sure? Okay. You may proceed when ready. Welcome.
- Rick Chavez Zbur
Legislator
Good morning Mister Chair and Members. I am proud today to present AB 2918 which is a key priority bill for the Legislative Jewish Caucus, alongside my colleague and joint author of the bill, Assemblymember Addis. AB 2918 is sponsored by the State Superintendent of Public Instruction, Tony Thurmond and the Jewish Public Affairs Committee of California.
- Rick Chavez Zbur
Legislator
We would like to begin by thanking the Committee members and staff for their engagement and their expertise.
- Rick Chavez Zbur
Legislator
The analysis describes some helpful amendments which we accept, and as the Committee staff is aware, we are still in discussions with many of the stakeholders and expect to continue to fine tune this bill, which we will continue to work with your staff on a number of issues, including certain criteria that need to be included, such as which stakeholders must be included in the development of working groups, the section related to written notice and some transparency details, the threshold for what counts as a revision and what counts as an existing course, and re-adding some references to title of the Civil Rights Act.
- Rick Chavez Zbur
Legislator
Some background on this ongoing work. We've been discussing the bill with CTA, CFT, ACSA and CSBA and other key stakeholders.
- Rick Chavez Zbur
Legislator
We've had multiple conversations both with the groups, individually and together. They've expressed support for the overall goals of the bill and have provided important feedback that has not yet been fleshed out. So we've committed to continue to work on their suggestions over the summer recess, of course, in close coordination with this Committee.
- Rick Chavez Zbur
Legislator
That's why, with your blessing, Mister Chair and Members of the Committee, we would like to continue engaging with the relevant stakeholders and Committee staff to further refine the bill language as I laid out just a bit ago.
- Rick Chavez Zbur
Legislator
Now returning to the importance of the bill. In California, we celebrate our diversity, recognizing it as a cornerstone of our values and strength as a community. As such, it's crucial that what is taught in our schools reflect this diversity, fostering understanding, respect and appreciation for the multitude of cultural perspectives and experiences that enrich our society.
- Rick Chavez Zbur
Legislator
Ethnic studies offers an important opportunity for students to both learn about communities other than their own and to see themselves reflected in the stories they hear at schools. The goal of ethnic studies have been, and continue to be supported and prioritized by the Jewish caucus and other diversity caucuses.
- Rick Chavez Zbur
Legislator
Members of the Jewish caucus are proud that every member supported the ethnic studies bill when it was adopted. And now for the reasons for the bill. As the bill started to be implemented-- the original ethnic studies bill started to be implemented.
- Rick Chavez Zbur
Legislator
The 2019 draft on the ethnic studies model curriculum was widely criticized, not only by the Governor and other state leaders in California, but by many of the communities it aimed to uplift because of certain misleading faults and some biased content in the draft.
- Rick Chavez Zbur
Legislator
After a subsequent lengthy, transparent, and public process, the Instructional Quality Commission replaced the first draft in 2021 with an ethnic studies model curriculum that was supported by the Governor, the State Superintendent, and California's diverse communities.
- Rick Chavez Zbur
Legislator
Districts retained the flexibility to implement this model curriculum or adopt locally developed curricula to, for example, tailor their classes to their local communities and heritage.
- Rick Chavez Zbur
Legislator
In 2021, Assemblymember Medina advanced AB 101, which contained important guardrails to ensure that curriculums being adopted would align with the state goals and not promote bias, bigotry, or discrimination, and that coursework was appropriate for members of all communities.
- Rick Chavez Zbur
Legislator
Despite these critical guardrails, there are ethnic studies instructional materials that continue to be used that do not pass through the same standardized state level approval processes as other materials, as most other curriculum and instructional materials that are offered in our schools.
- Rick Chavez Zbur
Legislator
In addition, because the framework and standards and instructional materials have never been developed at the state level, local school districts must either develop instructional materials on their own or turn to outside sources.
- Rick Chavez Zbur
Legislator
As a result, some schools have adopted and begun utilizing curriculum and instructional materials that are problematic, and many times families found out about it only after the objectional material was already being taught in classrooms.
- Rick Chavez Zbur
Legislator
Without the transparent review process in this bill, parents and members of the local community will be left uncertain as to what lessons will be taught to the students.
- Rick Chavez Zbur
Legislator
AB 2918 embodies a commitment to inclusive education for all students by implementing common sense transparency to the adoption process of K through 12 ethics studies materials and by strengthening existing educational guardrails to prevent discriminatory and biased instruction which will benefit all students in all communities.
- Rick Chavez Zbur
Legislator
The bill benefits all communities who are subject to bias and discrimination and provides essential tools to ensure our classrooms are safe and supportive for all students. I ask for your aye vote at the appropriate time, and I now would like to yield the remainder of my time to Assemblymember Addis for remarks.
- Josh Newman
Person
Welcome, Assemblymember Addis. Please proceed.
- Dawn Addis
Legislator
Thank you so much and thank you, Chair and Members. I'm proud to be here to co-present AB 2918 as a co-author.
- Dawn Addis
Legislator
I'm also a former classroom teacher and former CTA member, and it's absolutely critical in my experience that students have the opportunity to learn about their own histories and to see themselves reflected in the curriculum that they are being taught. We know that it is vital for curriculum instruction to be inclusive and affirmative, reflecting the identities and diversity of our students.
- Dawn Addis
Legislator
And as Assemblymember Zbur mentioned, AB 2918 strengthens transparency policies in the local adoption processes for K-12 ethnic studies curricula to ensure that local communities are engaged in the process of adopting curricula and to protect against bias and bigotry from being inserted.
- Dawn Addis
Legislator
I would also say that AB 2918 does all of this while respecting and valuing standard educational practices and processes and current ED code.
- Dawn Addis
Legislator
This bill really highlights the importance of school environments that are free from discrimination, free from bias, free from stigmatization, and has the understanding and focus that all students deserve to be in welcoming and affirming environments when they are learning, especially on important topics like ethnic studies.
- Dawn Addis
Legislator
So I would like to end by thanking the Committee staff for their diligence in assisting with the amendments that Assemblymember Zbur described and that will accept and with your permission as previously discussed, we would like to continue engaging in this conversation because it's important that we get this right.
- Dawn Addis
Legislator
So we respectfully ask for your aye vote at the appropriate time. And with us as mentioned is Cheryl Cotton from the Superintendent of Public Instruction, on behalf of the Superintendent of Public Instruction, Tony Thurmond, as well as Adriana Lombard from the Jewish Community Relations Council.
- Josh Newman
Person
Ms. Cotton, welcome.
- Cheryl Cotton
Person
Thank you. Good afternoon. My name again is Cheryl Cotton. I'm Deputy Superintendent from the California Department of Education. I'm here to speak on behalf of State Superintendent of Public Instruction, Tony Thurmond, in support of AB 2918. Superintendent Thurmond is a sponsor of this bill.
- Cheryl Cotton
Person
As you know, ethnic studies provides a great opportunity for students of color to learn about the contributions of their ancestors, specifically by focusing on the four foundational disciplines of ethnic studies, African American studies, Asian American studies, Chicano and Latinx studies, and Native American studies.
- Cheryl Cotton
Person
In fact, research shows that students from all backgrounds do better academically when they have access to ethnic studies. The California Department of Education developed a model ethnic studies curriculum guide to help school districts and charter schools in developing their own ethnic studies curricula at the local level.
- Cheryl Cotton
Person
The model ethnic studies curriculum guide was approved by the Instructional Quality Commission and State Board of Education and focuses on the experiences of these four foundational groups that have been the center of Ethnic Studies since its founding around 1968 at places like San Francisco State and San Diego State universities.
- Cheryl Cotton
Person
While the model ethnic studies curriculum guide primarily focuses on these four groups, it also makes a bridge to intersectionality and thus includes some lesson plans and instructional materials that include some of the voices of identities intersecting with ethnic studies such as Arab Americans, Armenian Americans, Jewish Americans, and Sikh Americans.
- Cheryl Cotton
Person
The State Superintendent and the California Department of Education have encouraged districts and charter schools to focus on the four groups and to follow the model ethnic studies curriculum guide when creating their local curricula.
- Cheryl Cotton
Person
It is for those reasons that the Superintendent of Public Instruction supports the goals and direction of this bill, and I respectfully ask for your aye vote on AB 2918.
- Josh Newman
Person
Thank you. Thank you. Next witness. Welcome.
- Adriana Lombard
Person
Good afternoon. My name is Adriana Lombard. I'm the Director of Public Education for the Jewish Community Relations Council in the Bay Area.
- Adriana Lombard
Person
I work with Jewish students and families in over 120 districts across nine counties, and we support AB 2918 as a necessary set of checks and balances for ensuring that all ethnic studies curricula is free of bias and accurately represents the communities of California.
- Adriana Lombard
Person
As the largest representative voice of Bay Area Jews, we have more than 70 member organizations and work across the state. We support the teaching of ethnic studies and believe that it is also an important opportunity to teach both about Jewish American history and to educate about antisemitism, a pervasive issue which has been steadily on the rise since 2017 and long before that as well.
- Adriana Lombard
Person
We see this bill as necessary for two reasons. One is the lack of transparency that currently exists in ethnic studies curriculum, and secondly, the presence of anti-semitic content both in ethnic studies classrooms and that has existed in K-12 education spaces long before that.
- Adriana Lombard
Person
In many districts, we are seeing this course used as a place to cover what's happened since October 7 and talk about the conflict, and they're getting it very wrong, teaching very one-sided content and at times using providers who have a history of disparaging the Jewish community.
- Adriana Lombard
Person
Teachers are going beyond the scope of the ethnic studies curriculum to include classic tropes that are harmful to the Jewish community. Parents are requesting materials and being ignored, and in some cases, this has led to ongoing lawsuits.
- Adriana Lombard
Person
In a survey we recently conducted of Jews in the Bay Area, 56% of people surveyed shared that they are dissatisfied with the way that antisemitism is being handled in K-12 education settings. As I said before, antisemitism has already existed.
- Adriana Lombard
Person
So not only is ethnic studies a chance to teach about this very important issue and this very unique form of hate that we are seeing, but it is also a chance to ensure that the curriculum that comes up to teach about ethnic studies does not itself contain antisemitic content.
- Adriana Lombard
Person
Again, as I said, antisemitism is a pervasive issue that has existed for a very long time, and without careful review of the curriculum, we are seeing it in ethnic studies classrooms. The Jewish community is being discussed without being included, and this is creating a harmful environment where students do not feel safe expressing their identities from their own.
- Adriana Lombard
Person
We believe this bill as amended will create necessary processes for districts to review new and existing curriculum, and we support it.
- Josh Newman
Person
Thank you very much. Witnesses in support, other witnesses, please come forward.
- Cliff Berg
Person
Mister Chairman, Cliff Berg, on behalf of JPAC, the Jewish Public Affairs Committee, representing the largest coalition of Jewish organizations in the nation, is in support of the bill, as is the American Jewish Committee, the Anti Defamation League, Hadassah, JCRC, LA Federation, LA Holocaust Museum, and on and on.
- Cliff Berg
Person
This bill has the broad support of every major Jewish organization in California. Thank you.
- Josh Newman
Person
Thank you, sir. Next, please.
- Don Gilbert
Person
Mister Chair and Members, Don Gilbert, on behalf of myself as a resident of Sacramento County and someone involved in the Jewish community here, appreciate your aye vote. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Henry Stern
Legislator
Henry Stern here from Los Angeles. Senator with y'all, co author of the bill. And I just wanted to say the hope here is to not politicize this curriculum and to give school districts the ability to get past this very difficult moment. We put a lot of effort in this model curriculum.
- Henry Stern
Legislator
We think that that's the foundation of a way through this very difficult time that we can teach past being strangers with each other. And so I hope you all consider this and keep giving us a chance to keep moving forward. Respectfully ask your aye vote.
- Josh Newman
Person
Thank you, Senator Stern. Any other witnesses in support? Let's go to opposition. Witnesses in opposition.
- Candiss Youngblood
Person
Candiss Youngblood, public school teacher in strong opposition.
- Josh Newman
Person
Thank you.
- Karis Taylor
Person
Karis Taylor, public educator at Berkeley High. Strong opposition.
- Josh Newman
Person
Thank you.
- Anne Wolf
Person
Anne Wolf, Berkeley Unified School District. Jewish parents for collective liberation and strong opposition.
- Josh Newman
Person
Thank you. Next, please.
- Janine Cohen
Person
My name is Janine Cohen. I'm a Berkeley resident, and I'm in strong opposition to this bill. I'm also a Jewish parent for collective liberation.
- Josh Newman
Person
Thank you.
- Lisa Stubenrauch
Person
Lisa Stubenrauch, ethnic studies teacher, Sacramento Unified School District, and I strongly oppose.
- Josh Newman
Person
Thank you.
- Octavio Solorio
Person
Octavio Solorio, a resident of Sacramento, and I oppose.
- Josh Newman
Person
Thank you.
- Belén Moreno
Person
My name is Belén Moreno, and I'm a doctoral student in education with the University of California, and I strongly oppose.
- Josh Newman
Person
Thank you.
- Eva Diaz
Person
My name is Eva Diaz. I am a parent of two students in Berkeley, and I'm strongly opposed.
- Josh Newman
Person
Thank you.
- Tamara Cheshire
Person
Hello. My name is Doctor Tamara Cheshire. I'm a Native American Studies professor and Ethnic Studies Department chair at Folsom Lake College, and I am the co-chair of the California Community College Ethnic Studies Faculty Council. On behalf of the council, we respectfully request a no vote; we oppose this bill.
- Tamara Cheshire
Person
As community college Ethnic Studies faculty, we teach dual-enrolled classes, and the process outlining this bill does not include us as scholars and experts in our four core disciplines. Thank you.
- Josh Newman
Person
Thank you. Next, please.
- Marisa Castro
Person
Hello. My name is Marisa Castro. As a California resident and parent representing my son, this bill does not align with the interests of parents and students who support the development of a locally based ethnic studies curriculum. Therefore, I oppose.
- Josh Newman
Person
Thank you. Next, please.
- David Mandel
Person
Before I speak, I believe there's somebody at the table there who wanted.
- Josh Newman
Person
We're going to get to her. We got out of order. To be very clear, we're going to do opposition testimony. What's that? That's unfortunate, but I'm going to make the accommodation here so we will hear from her. No, sir. No, sir. You weren't on the list as opposition witness, so go ahead.
- David Mandel
Person
My name is David Mandel. I'm a Member of Jewish Voice for Peace with 100,000 active members and supporters in California. We strongly oppose this bill. We don't allow people to. Small groups of people to advocate in favor of book banning.
- Josh Newman
Person
Yeah. Your position is clear. Thank you. Thank you. Next, please.
- Melissa Moreno
Person
I'm Doctor Melissa Moreno and I'm here on behalf of the California Latino School Board Association. We represent 54% of the students in California. That's out of the 6 million. We have not been invited to the discussion with the legislators of this bill. And we strongly oppose this for several reasons because it's a gutted bill. We were not.
- Josh Newman
Person
Thank you. Duly noted. Thank you. Yes, sir.
- Stephen Filing
Person
Stephen Filling, California Faculty Association, an anti racist and social justice centered organization speaking in opposition.
- Josh Newman
Person
Thank you. And again, apologies, and apologies to the witness. I did not, I guess, give you enough time to get up here. So you have two minutes. Please proceed.
- Unidentified Speaker
Person
Thank you. The California Faculty Association respectfully opposes AB 2918, which is centered on compliance and containment and does nothing to advance Ethnic Studies, but add an additional layer of state oversight that shifts critical decision-making from local education authorities to the State Board of Education.
- Unidentified Speaker
Person
Not a single district has chosen not to comply with the model curriculum. For an Ethnic Studies course to be approved, let's be clear: not one, but two local hearings must be held. Additionally, any contract and the final curriculum are always publicly vetted and approved. Let's be clear.
- Unidentified Speaker
Person
Children who enter a K-12 classroom are sitting in their seats for 12,840 hours. Ethnic Studies is 90 hours of that 12,840 hours; it's seven hundredths of the curriculum. Yet AB 2918 suggests that the studying of four distinct, diverse, intersectional, and racialized communities and disciplines must then add an additional hurdle towards implementation.
- Unidentified Speaker
Person
The provision to post Ethnic Studies curriculum online will expose districts to increased harassment and litigation. The lack of clarity in defining what curriculum and instructional materials are will leave our teachers vulnerable to unwarranted scrutiny. How many more lawsuits? How many more district PRAs?
- Unidentified Speaker
Person
How many more ruined reputations and loss of jobs do we need to have before we stop? The bill's vague language on factual accuracy adds an additional level of concern. Who gets to determine what's factual and accurate?
- Unidentified Speaker
Person
And isn't that what Ethnic Studies was purporting to do: to correct the erasure and the invisibility of people of color in our-
- Josh Newman
Person
I'm going to have to ask you to finish up.
- Unidentified Speaker
Person
This bill seeks to fix problems not in Ethnic Studies, but in the curricular and instructional issues embedded throughout our curriculum.
- Unidentified Speaker
Person
If it is extremism, if it is diversity and equity that we are purporting to address, this bill is not it. Singling out Ethnic Studies educators does not enhance our educational climate. That's what we want to do, then let's bring all parties to the table. Let's roll up our sleeves. Let's begin to address the extremism in our schools.
- Unidentified Speaker
Person
Please vote no on AB 2918.
- Josh Newman
Person
Thank you. And please do stay at the table for the conversation. Other. Last chance to any other witnesses? #MeToo witnesses report? And I understand we have tweener witnesses, so tweeners here. Welcome, sir.
- Seth Bramble
Person
Thank you, Mister Chair and Members. Seth Bramble, speaking on behalf of the California Teachers Association. CTA is a social justice organization, and to us, that means we're in an organization that's committed to equity and fairness in treatment and access to opportunities and resources for everyone.
- Seth Bramble
Person
We sponsored Assembly Bill 101 in 2021 to establish a high school graduation requirement in Ethnic Studies, in part because California has perhaps the most diverse student population in the nation, and we supported related Ethnic Studies legislation prior. We know that people of color have been left out in the stories of how our country has been governed.
- Seth Bramble
Person
We want to cultivate a classroom environment that celebrates our diversity by teaching an inclusive curriculum of all our cultures and backgrounds, enabling students to be more engaged and informed members of our communities, especially in the fight for racial justice and equity. When kids take Ethnic Studies, it has positive effects on overall achievement.
- Seth Bramble
Person
Ethnic Studies facilitates engagement and academic skills related to the study of race and equity, widening cultural awareness, and strengthening knowledge of the foundational ideals of equality upon which our democracy is built.
- Seth Bramble
Person
CTA believes that we have a duty to teach our youth about their ancestral legacies and that it's the right of all students in California to have access to a quality Ethnic Studies curriculum. Just want to say we're eager to support any proposals which improve implementation of Ethnic Studies instruction in our state.
- Seth Bramble
Person
We've been working very closely with the author's office to address concerns that we see in the bill and will continue to work with the author's office.
- Seth Bramble
Person
We will need to review the amendments that were taken in committee today, and we want to thank the author also for taking an amendment into the bill early on that is very closely aligned with our policy, which states CTA believes teachers should have the central role in the development, definition, and implementation of curriculum and should comprise a majority of all committees making or recommending decisions in the area.
- Seth Bramble
Person
Thank you for allowing me the opportunity, Mister Chair.
- Josh Newman
Person
Thank you. Mister Machado?
- Carlos Machado
Person
Good afternoon. Carlos Machado of the California School Board Association. We want to thank the author for his availability and for meeting with us and really accommodating conversations and questions about the intent and the provisions.
- Carlos Machado
Person
I also want to thank Mister Hampton for his considerable work in trying to find solutions to achieve the goals of the author and also address concerns of stakeholders. As Assemblywoman Addis had mentioned, it's important to get this right. This process will apply to all of the 940 districts in the state.
- Carlos Machado
Person
And recognizing that there aren't many opportunities left to discuss the bill and its provisions in this Committee, we ask that the Committee and the author to continue working with stakeholders as a bill moves through the house.
- Carlos Machado
Person
Second House. School boards are committed to ensuring that students have access to Ethnic Studies and they see the value in tailoring those Ethnic Studies to those communities and that we want to make sure that they preserve that ability to be able to tailor those courses to the communities that they serve.
- Carlos Machado
Person
Specifically on the certification that's in the bill, by requiring the signatures of individual board members, doesn't reflect the decision making process that happens at districts and want to make sure that that's aligned with the concerns that were raised under AB 1078.
- Carlos Machado
Person
Again, we want to make sure that the flexibility is built into the bill, especially for rural and small districts where there might not be witnesses available, community organizations or parents to meet the requirement that they be part of that process-
- Josh Newman
Person
Should then have to ask you to-
- Carlos Machado
Person
and then also about the impact on existing courses.
- Carlos Machado
Person
Schools have spent a lot of time developing those courses. We don't want to add new requirements upon them. And then also, if you're encouraging districts to use the model curriculum, then there should be, they should be able to use the existing process that's in statute. I appreciate the time and thank you very much.
- Carlos Machado
Person
We look forward to continuing working with the author and the Committee staff on the bill.
- Josh Newman
Person
Thank you. Mister Brown. Let's see if you can.
- Tristan Brown
Person
I'll try to beat the shot clock, Mister Chair. Thank you for the time. Tristan Brown, CFT Union of Educators and Classified Professionals, echo the comments you just heard from the other tweeners. We understand it is repugnant to a free and open society for a classroom to entertain the idea that, for instance, the Holocaust never existed.
- Tristan Brown
Person
This simply cannot stand. And we agree with the overall goal of this bill, that the quality of ethnic studies must be maintained at a very high rate, as high as we can get it. What we have concerns with are the process to get there.
- Tristan Brown
Person
We have chief concerns about the doxing and targeting of those involved in this process throughout its process. We are concerned about insular communities, as the bill is written, who may create outcomes that are not intended. And so we have significant concern about these unintended consequences of where the process might lead.
- Tristan Brown
Person
Again, we're super hopeful to land this plane, working with the great co authors who have been very open and honest with us as we are to them.
- Tristan Brown
Person
And we think that there is a there there, and that we can have high quality ethnic studies and make sure that every community can customize the high quality resources available to them for their communities and avoid any conflict and fighting about what is factually and historically accurate and the like.
- Tristan Brown
Person
So we thank you and thank the author and the incredible work of your staff for getting us to this point.
- Josh Newman
Person
Oh, don't try that nice stuff at the end because you did not beat the shot clock. But I appreciate the tweener testimony. I think it's important. Seeing no others. Let's come to the Members. Members question. Senator Glazer.
- Steven Glazer
Person
Thank you, Chair. Well, first, let me thank Assemblymembers Zbur and Addis for your leadership on this. It's not an easy bill to carry. Appreciate all the hard work that you and your staff have put in on it.
- Steven Glazer
Person
I know that you know, but it's important to remind those who are here today and are listening that Ethnic Studies is a product of legislative action. It is because we felt it was important that it be a part of the curriculum.
- Steven Glazer
Person
That bill moved and was passed in this Legislature, and I supported it, but it was a sensitive road because exactly of the concerns that this bill is trying to address, which is that somehow it might be used to bring in bias and bigotry and discrimination into our classroom, something that we all abhorred.
- Steven Glazer
Person
But yet the goals that were set, established from the beginning, are all the goals that we embrace. Students need to learn about the narratives, sometimes about them, sometimes about the world around them. And that's such an important, fundamental thing to have required this mandate.
- Steven Glazer
Person
But once again, the concern was that it would be used by elements to promote bias, bigotry, and discrimination.
- Steven Glazer
Person
And that has happened because now we see in practice, particularly for those of us in the Jewish community, to see how, in my view, bad actors have hijacked the process to promote a curriculum that does the opposite of the goals that we had established by that bill. So I think that this bill is an important one.
- Steven Glazer
Person
I think it will strengthen and protect ethnic studies by ensuring community voices are present, by protecting against the elements that want to capture that curriculum, to promote the opposite, ignorance, bigotry and bias. I know that there's still work to be done, as the authors have indicated.
- Steven Glazer
Person
I certainly want to encourage that as I hope the bill will move forward today. There's an opportunity to add on a co author. I'd be appreciative of that opportunity. I'm happy to move the bill at the appropriate time.
- Josh Newman
Person
Appreciate that. Senator Gonzalez.
- Lena Gonzalez
Legislator
Thank you. I too want to thank the author. We had a very, very good discussion last night. I know, and having, and I really appreciate it.
- Lena Gonzalez
Legislator
So having been slightly part of the last iteration of AB 101 through Assemblymember Jose Medina, who I personally called, and I know you personally called as well, to ensure that we were on the same page with him. He, I will say, and I don't want to speak out of turn here, but there were feelings of upsetness a bit because of the way in the process and how this happened.
- Lena Gonzalez
Legislator
I agree with some of the comments here, that this should not have been a gut and amend, you know, this should have had a full legislative process. And I get it, completely get it. This is timely, it's important.
- Lena Gonzalez
Legislator
But the Latino Caucus Members, to which I'm a Vice Chair of, you know, I have to speak for them too, and many of our alumni to ensure that there is a full process and that we are continuing to be arm in arm with you in this discussion because I think it's very important.
- Lena Gonzalez
Legislator
That's the number one thing in terms of the process, and I know you will talk, and we talked at length about the review process.
- Lena Gonzalez
Legislator
You know, in my community, I've got a lot of concerns last night from many of my Southeast Los Angeles, mostly Latino teachers, some part of UTLA, some not talking about, of course, the factual accuracy which had been mentioned and the posting online. And I, you know, I think those are things that can absolutely be worked on.
- Lena Gonzalez
Legislator
And I like what our friend Tristan here from CFT had mentioned. You know, that this, we know we can get somewhere. These need to be answered. There needs to be a lot more due diligence in terms of meeting with folks.
- Lena Gonzalez
Legislator
I specifically asked you if you could meet with, you know, southeast LA representatives that I know have a voice and want a voice at the table and need to understand the instances to which this, you know, has been a real problem.
- Lena Gonzalez
Legislator
And I've talked to Senator Becker about what that problem looks like in his community with his kids and, you know, curriculum coming seemingly, no disrespect, but out of nowhere and knowing that his kids are learning this and realizing that this had not been vetted before, but also not having voices at the table.
- Lena Gonzalez
Legislator
So I think we're in a. In a space here where I think we can work to move this forward. I'm not happy with the current language, but I would be happy supporting it, knowing that you have a lot of work to do, and I'm happy to do that work with you.
- Lena Gonzalez
Legislator
Now, you did bring up a good point last night as well, which I really am thankful of and I think needs to be brought up, is the.
- Lena Gonzalez
Legislator
I would love to ask you, the LGBTQ Fair Act, a bill brought forward by then Senator Leno, I believe, and how that sort of is parallel and similar to this piece of legislation and why that's important.
- Rick Chavez Zbur
Legislator
You know, so I remember when I was at Equality California when the Fair Act was being implemented, and that was a bill that required that the contributions of LGBTQ people and other communities were reflected in our history and social studies curriculum.
- Rick Chavez Zbur
Legislator
And I remember that one of the first tasks that I had was actually trying to find funding so that we could actually review every single textbook and all the instructional materials that could be offered under that program in the State of California.
- Rick Chavez Zbur
Legislator
And so I think the thing that is, you know, I think important to point out is that Ethics Studies, well, folks, are basically, you know, raising concerns about whether or not this is presenting obstacles to Ethnic Studies. I think people should understand that the procedures that are and processes that are.
- Rick Chavez Zbur
Legislator
That take place for most other curriculum, many other curriculum do not apply to Ethics Studies. So while we had the model curriculum developed, instructional materials, all the details within it are not. And that is actually left to the local school district. So this is something where.
- Rick Chavez Zbur
Legislator
And even when we look at the transparency procedures that are in this bill, and I know we still have a lot of work to do on that. I'm not saying that these are perfect, but we've been trying to work with all of the stakeholders on them.
- Rick Chavez Zbur
Legislator
The transparency procedures we've tried to make as consistent as possible with the lower level of review that is applicable in cases to some other kinds of curriculum that don't go through the full. The full set of review by the State Board and other and instructional quality Committee.
- Rick Chavez Zbur
Legislator
And I don't know if Assemblymember Addis wants to add anything more to that response, but I just remember we had literally, I remember on the Fair Education Act, having a body of people, we reviewed, I think, something like 600 textbooks, instructional materials, seven different versions at every grade level. You know, none of that has happened here.
- Rick Chavez Zbur
Legislator
So we're leaving this to school districts on their own. And the transparency that we're asking for is really just to have some level of ability for members of the community, and that's all communities, to take a look at what's being, because this is such important material that we get this right.
- Lena Gonzalez
Legislator
Yeah. Thank you. And I think. Oh, go ahead.
- Dawn Addis
Legislator
I'll just add briefly, having been part of a very initial rollout of Ethnic Studies, boots on the ground, when I was working in the school district, which wasn't that long ago, up until the day before I was sworn in, was doing that work.
- Dawn Addis
Legislator
And, you know, one of the things with the Fair Act as well as with Ethnic Studies is there's model curriculum. There's legislation. There's not necessarily a framework or standards, which is what school districts usually are able to base things in.
- Dawn Addis
Legislator
And so without those guideposts and with something that is relatively new, it makes sense to me that we would need to revisit point well taken on who needs to be included in those conversations. And absolutely, the Latino Caucus needs to be included in those conversations.
- Dawn Addis
Legislator
And I think that's why we'd like to have some more time over the recess to continue to work on this piece and have these conversations.
- Dawn Addis
Legislator
But it makes sense to me that we would be coming back to these conversations because we don't have as robust of a situation in the school district's boots on the ground that we do with some other curriculums. Right. There's history standards and frameworks, frameworks, ELA, ELD standards and frameworks, etcetera.
- Dawn Addis
Legislator
So I just would echo what Assemblymember Zbur said, that it does take a lot of fine tooth comb work to go through to make sure that we get this right and that some of the issues that have brought up, we've been in many, many conversations around the transparency, the factually and historically accurate and very committed to getting that piece of it right and to having more extended conversations.
- Lena Gonzalez
Legislator
Well, I really appreciate that because I think I mentioned, oh, would she like to.
- Josh Newman
Person
No, you finish, and then we'll want to.
- Unidentified Speaker
Person
Yeah, go right ahead. I was just trying to address the issue of the standards because that has come up and I think that those of us who are involved in the development curriculum could easily answer this question. Ethnic Studies is interdisciplinary and it is multidisciplinary.
- Unidentified Speaker
Person
So when we develop curriculum, the standards that drive the curriculum are the standards in that discipline plus the model curriculum. So you have six guiding principles in the model curriculum that drive the curriculum.
- Unidentified Speaker
Person
But if I'm developing a US History course, then I, as a teacher, must understand that I am addressing the US Social Science standards in developing that lesson. If I'm developing a Theater course using Ethnic Studies, then I'm going to use those standards to develop my course.
- Unidentified Speaker
Person
So when we were having the conversation on the statewide level about the adoption of Ethnic Studies standards, it would be relatively impossible because what you would be doing is bringing in all of the disciplines and then trying to think about which standard applies.
- Unidentified Speaker
Person
So the standards are there, they're curricular standards that are addressed along with the model curriculum. So it's not a lack of standards, it's not the need for standards. And I do know that this is difficult for someone who hasn't been in the field and that doesn't recognize the four disciplines or what comprises Ethnic Studies.
- Unidentified Speaker
Person
So I look forward to that conversation to address some of these misinterpreted ideas about what's needed and what's missing from the model curriculum or the standard discussion.
- Lena Gonzalez
Legislator
Well, I just. Oh, did you want to go ahead and respond?
- Rick Chavez Zbur
Legislator
Yes, and I don't disagree with any of that. I guess what I would say is that complexity, I think, is one where we've got standards in all of the various disciplines and then sort of the framework. The result of that is that's very complicated.
- Rick Chavez Zbur
Legislator
And when you're actually going through the development of instructional materials, that's actually having to happen at the local level as opposed to something that's gone through a process at the state level. And so our bill doesn't actually do anything with respect to the standards.
- Rick Chavez Zbur
Legislator
All it really does is it actually adds transparency procedures at the local level so that people know what's being adopted.
- Josh Newman
Person
Okay, let me know just for clarity here, that per the Committee's amendments, the requirement for factionally historically accurate has been removed. That's been removed, as has the requirement for self certification.
- Rick Chavez Zbur
Legislator
Yes, we've accepted those.
- Josh Newman
Person
Understood.
- Josh Newman
Person
I just. It can get a little bit unclear as people,
- Rick Chavez Zbur
Legislator
And I think we think that there needs to be some discussion about sort of some of those transparency details. But again, those issues have been addressed in your opinion.
- Josh Newman
Person
I want to make sure that everybody's clear on kind of where we are there. Members?
- Lena Gonzalez
Legislator
Mister Chair, I just wanted to finish and say thank you.
- Lena Gonzalez
Legislator
I really appreciate this debate back and forth because I think everybody is making really relevant comments and I went through the Cambodian model curriculum just recently, so fresh off the presses in my mind as to how difficult and rigorous it could be, but that everybody needs to be at the table.
- Lena Gonzalez
Legislator
But we are at a different time now geopolitically and I get that there's other factors to consider and so we have to be open to that, even despite the Ethnic Studies framework. And I know that we will continue to have those conversations again urging the Latino Caucus to be involved.
- Lena Gonzalez
Legislator
There were other folks that were here in this room that absolutely need to be at the table opposition and just ensuring that there's a pathway forward, but, you know, still discussions to be had. The one last thing I'd mentioned, the posting online issue, was that addressed because it was just a self certification. So.
- Rick Chavez Zbur
Legislator
I don't know that we, I can't remember whether it's in the amendments, but that I know is an issue that we have to work on and we're committed to doing that.
- Rick Chavez Zbur
Legislator
We think that really all of the, the issues that were raised by folks in the education community are valid ones and we think these issues of doxing are real ones that we need to address and we're just committed to doing that.
- Lena Gonzalez
Legislator
That is a very real issue discussed. So I want to say thank you and I look forward to talking to everybody about this. Looking forward. Thank you.
- Josh Newman
Person
And I guess to Senator Gonzalez, point as we move forward. There's a lot of complexity here. There is, and there's additional work that's obviously needed, additional conversations, consultations, obviously. Senator Cortese?
- Dave Cortese
Legislator
Thank you. Thank you, Mister Chair. A couple questions. I certainly have concerns and I would say, you know, in a broad brush way, the concerns of the tweeners that we heard which were enumerated bullet point after bullet point after bullet point.
- Dave Cortese
Legislator
You know, I share completely and I think, you know, some additional to that as well, which raises the question that I have for the author and then I have a question or two for the witnesses here. There's a lot of talk about reaching out to stakeholders.
- Dave Cortese
Legislator
I will stipulate first of all that the anti semitism that we've seen, the anti semitic environment, the mood that we've seen in California and the country is unacceptable.
- Dave Cortese
Legislator
It needs to continue to be addressed. So I commend you for stepping into that very specific space here. When we take this, me talking now, we take this broad brush to ethnic studies, which is a statewide framework. It's statewide law. It's not about just one ethnic group or one concern that we're seeing spike right now.
- Dave Cortese
Legislator
It strikes me that if we're going to change the way we deal with it, we have to. Then in order to get to this issue and others, we have a lot of ground to cover, as everyone's saying. But that's the Native American community, that's the African American community, that is the Latino community.
- Dave Cortese
Legislator
We just heard that it goes on and on and on. We have 100 different cultures and subcultures. Plus, in Santa Clara County, actually over 100 different languages and dialects spoken. Just in the county alone, I just met with the consul General of Indonesia, 500 native Indonesians living permanently now in Santa Clara County.
- Dave Cortese
Legislator
I will throw in the Italian Americans, my heritage, only to make a point. I was in a classroom myself where a student who was not Italian American asked the question about the World War two internment of Italian Americans and asked the Professor to compare that to the Japanese internment.
- Dave Cortese
Legislator
And it was given the most unacceptable response that you could possibly imagine in terms of trying to explain Italian American acceptance of being put in that position.
- Dave Cortese
Legislator
I will not repeat what he said for the sake of transparency, because I do not want to further taint my own heritage by what somebody was unqualified to teach probably said in that environment. But would I go write a Bill and try to capture all such villains out there with a single piece of legislation?
- Dave Cortese
Legislator
In my mind, I think not. I think there has to be another way to get to that person. I think the dean of that school should have taken care of that person upon complaint, and that didn't happen. And it doesn't happen sometimes, that we know.
- Dave Cortese
Legislator
But between now and the end of this session, I'm just trying to figure out how you get there in terms of bringing all that in. People would like to see me cast, you know, sort of a courtesy vote today, you know, to let the Bill move on.
- Dave Cortese
Legislator
My concern about that is if I do that, it doesn't have an asterisk next to it. When I say aye, it says, I'm endorsing what's here today and what can be accomplished with this Bill.
- Dave Cortese
Legislator
And I don't know how I do that, given what I know about how much reach there needs to be in the outreach remaining for this Bill.
- Dave Cortese
Legislator
But I want to give you an opportunity to say, whatever, you're right, Senator, or you're wrong, we're going to be able to get it done because in the next 3545 days, we're going to do this comprehensive outreach.
- Rick Chavez Zbur
Legislator
Yeah, I mean, I think if we were basically going through and saying, look, we need to sort of reevaluate the framework. We need to develop instructional materials. We need to sort of get into sort of what is being taught. Those are so complicated and sensitive and need to bring so many stakeholders to the table.
- Rick Chavez Zbur
Legislator
I would agree with you at that. But this Bill is about transparency. And we know that school districts are in the process of developing instructional materials under the model curriculum as well as their own ethnic studies courses. And that's going to continue to happen. And we have a very real problem.
- Rick Chavez Zbur
Legislator
I mean, it's not, and it's, you know, I can't tell you the number, the number of calls I get from folks in my district who are in networks with parents across the state where this is happening in many, many school districts. So it's something where this is intended to embrace ethnic studies, to uplift ethnic studies.
- Rick Chavez Zbur
Legislator
We're not changing anything in terms of the goals or the criteria of ethnic studies. What we're doing is we're just providing transparency so that people can know what's happening and they can actually participate in their communities and raise concerns if they have them. And so I think we can do it. I think we can have those conversations.
- Rick Chavez Zbur
Legislator
I think it's going to take a lot of work over the course of the break and the first week or two in August. But I believe that given that the Bill is so limited and only relates to these transparency procedures, I believe we can get there. I don't know if Assemblymember Addis wants to add anything.
- Dawn Addis
Legislator
I guess I would just add that, you know, working with Assembly Members Zbur, he has been tireless, as has our caucus have been tireless in trying to do the kind of outreach that is needed for a topic that's as important as this, that we get right for California students. And I think that work will continue.
- Dawn Addis
Legislator
I'm confident, number one, that work will continue over the break. I do think that we have the commitment and the time to be able to do those conversations needed. And the point has been well taken that more voices need to be included as we're considering these.
- Dawn Addis
Legislator
And in no way do we want to degrade ethnic studies or turn it into something that it wasn't meant to be. So, I mean, your point is well taken. And I absolutely believe that we can get there with the time that we have of our break.
- Dave Cortese
Legislator
I appreciate that. And again, I understand we're not changing the model curriculum with this build, just review process. With all due respect, changing the review process by having folks come in who are not necessarily subject matter experts raises enormous questions in my mind about how the broader community feels about that. Meaning the broader community.
- Dave Cortese
Legislator
If we start going from stakeholder to stakeholder to stakeholder, are they comfortable with that? Are people comfortable with that? Or has their experience been, for example, that it's not really a jury of their peers, so to speak, who's going to end up being on that review panel?
- Dave Cortese
Legislator
I can see that in some circumstances, with some ethnic groups who are already marginalized in most discussions, feeling this is just going to be another opportunity for us to be outnumbered and be shoved into a classic minority position where we can speak truth to power, but we're never going to be able to effectuate the curriculum.
- Dave Cortese
Legislator
And so that is a piece I'm concerned about. I wanted to ask, Miss Montano, is it you? I don't know your resume, but I know you're a Professor by the documents here, and I know that you are a, you were just talking about being, I think, consultant. You all find yourself as an expert in curriculum.
- Dave Cortese
Legislator
Could you speak to the last point I was trying to make? If you have a comment on that, what are the implications of having folks, you alluded to it, but what are the implications of having folks who haven't engaged in the body of work curriculum doing the review process?
- Teresa Montano
Person
I think that is absolutely crucial. I think even in the conversations leading up to this moment, that voice has been missing in the conversation. And with all due respect to my union siblings, that voice also needs to be at the table when entering conversations with the author of this Bill.
- Teresa Montano
Person
I mean, this has been a 50 year struggle. You know, let me just say that a 50 year struggle for one measly, I don't want to say measly because I, I celebrated in the victory of it one course, one singular course that a student takes in high school where four very distinct racialized communities are discussed.
- Teresa Montano
Person
And of course, any ethnic studies Professor, just by virtue of the fact that you are the marginalized, uses a comparative approach in teaching ethnic studies. So, I teach chicano studies, but in teaching chicano studies at Cal State Northridge, I recognize the diversity of the students in my classroom.
- Teresa Montano
Person
And so, in teaching that curriculum, I have to understand the complexity and the diversity. I have spent 40 years in this discipline, and I am still here today, 40 years later.
- Teresa Montano
Person
Trying to let you know that while I am in full support of entering a conversation about improving what is called the transparency, which I believe is already there, this is something that we have to tackle system wide. It is not simply an issue within ethnic studies. It's an issue within social studies. It's an issue within English.
- Teresa Montano
Person
It's an issue in math. It's an issue in kinesiology. That issue shouldn't be limited to scrutiny of one discipline.
- Dave Cortese
Legislator
I was really getting into more whether or not the scrutiny should come well.
- Teresa Montano
Person
And I do think that the development of curriculum, the discussion about what needs to be done, including the discussion about greater transparency, needs to have those who are intimately involved in not just securing the legislation, but in implementing the legislation. We all want to be a part of that discussion.
- Dave Cortese
Legislator
So let me. Let me just. Senator, can I. Yeah. Ethnic studies. Excellent.
- Dave Cortese
Legislator
One other quick, hopefully quick point, because I know the chair needs to keep the agenda moving, but I. I just have some relevance. I didn't want to restate.
- Rick Chavez Zbur
Legislator
Have her restate her opening. Thank you. So we've accepted amendments that came from our education partners that actually require that I think a majority of the participants be educators as part of. And that's not in the language that you probably saw.
- Rick Chavez Zbur
Legislator
So we are in agreement with the thrust of, I think, your comments, and we know that we still have more work to do.
- Rick Chavez Zbur
Legislator
I think one of the challenging thing is to make sure one of the concepts that was embedded in this Bill is that when you're looking at whether or not, as part of the process, whether or not something is appropriate, whether it's bias appropriate for all communities, that you actually have concepts of cultural composites there, and you're looking at whether or not you're looking at it from the viewpoint of the communities that are being impacted.
- Rick Chavez Zbur
Legislator
Being impacted. And so that is a concept that we embrace. We've been trying to find a way to make sure that that is part of the development of this. And that's actually one of the areas that we're continuing to work on. I don't know if somebody. Mavrattis had any.
- Teresa Montano
Person
One more, one more. Just a statement on that.
- Josh Newman
Person
A brief statement, please.
- Teresa Montano
Person
We've done a study that having teachers in the content area of social studies in English does not necessarily mean that they're experts in ethnic studies. So how you define those educators is going to be incredibly crucial.
- Rick Chavez Zbur
Legislator
And, you know, we would love to continue conversations with you. I know we met early on with CFA and very, very interested in continuing to have conversations with you and let me just turn everybody notice.
- Dawn Addis
Legislator
I'll just reiterate the importance of what we just heard here, the importance of teacher voice, but the importance of teacher voice in that discipline, it does make a difference. And I say that having 20 years experience in the classroom, it does make a difference to have that sort of fine tuned understanding of the discipline you're teaching.
- Dawn Addis
Legislator
And so that's why we were in lengthy conversations with our partners in labor, in education, CTA, CFT, who brought this up immediately. I think we were very agreeable to have those discussions and to make sure those voices are included. So very important.
- Dawn Addis
Legislator
And then I would just reiterate what the Assembly Member has said about cultural competence, competency, being a piece of this that gets at sort of the broad overlay of what you're talking about.
- Dawn Addis
Legislator
We cannot necessarily address every single group all the time, at every moment, but with an overlay of cultural competency, we get at the underlying core value of respect for other cultures and having windows into other people's cultures and mirrors of our own culture and history.
- Dave Cortese
Legislator
Try to cooperate with the chair here. I'm not going to ask a question, but I'm just going to make a statement that maybe if the author can speak to it in his close or something like that, that's fine. If not, that's fine as well. But I want people to know what my concerns are.
- Dave Cortese
Legislator
For me, this is not about support, opposition, or lobbies on one side or the other. You know, applying pressure or anything else is about constituents, especially over the last few months, who need to come and see me on Saturdays in my district office because they're not available during the week, Monday through Friday.
- Dave Cortese
Legislator
And hardly am I in my own district talking to me about public records requests and ad hoc groups that are setting up to oversee of parents that are there to oversee curriculum, that are coming to conclusions one way or the other, that are then leading to discipline or in some cases, litigation.
- Dave Cortese
Legislator
I think one of the witnesses spoke to that. I don't see how this fixes this. I'm very, very concerned that it exacerbates those kind of problems absent some other kind of a fix. Rarely am I one to concede and say there's not enough time left or you can't get all those fixes done.
- Dave Cortese
Legislator
But that's how I feel this time. I do feel that there needs to be legislation in this area to take it to the next level like you're trying to do. Assemblyman.
- Dave Cortese
Legislator
I just, I can't put my name next to an aye vote on something that everything in my core being is telling me right now, as it's currently put together, is actually going to have the unintended consequence of exacerbating the intensity of disputes at the local level. And, you know, that's how I feel.
- Dave Cortese
Legislator
So I'm going to be staying off today, Mister chair, and I'll turn the floor back over to you.
- Josh Newman
Person
All right. Well, thank you, Senator Cortese. Anything else for my colleagues? Let me say a couple of things, especially in light of some of the points that Senator Cortese raised, but also some of the very valid points raised by the tweener comments.
- Josh Newman
Person
Who important to note that they represent a broad cross section, teachers, staff, school board, trustees, all the folks involved and their concerns. I just want as the chair to make sure those concerns are on the record.
- Josh Newman
Person
So, one point I think Doctor Montana has made it, ethnic studies courses are already some of the most scrutinized courses in terms of both their development.
- Josh Newman
Person
Also what California law already requires, and I do think it's fair, as some folks have noted, it's fair to worry about some of the prospective, unattended consequences this Bill might create, especially absent the clarity I think that we're aspiring to here. And I think different folks have made it.
- Josh Newman
Person
We'll having organizations without teaching experience and individuals without teaching experience involved in developing high school courses improve or dilute the quality of those ethnic studies courses. An important question.
- Josh Newman
Person
Will school communities get unnecessarily, to Senator Cortese point, unproductively caught up in controversies over whose version of history should be taught in our schools, school boards and staffs, and we've had a number of bills in this space over the last few years are already under unprecedented levels of attack, often by groups that aren't from those communities, in fact, often by groups that aren't even from California.
- Josh Newman
Person
And I think there's a valid cause for concern that this Bill, if not properly executed, may bring additional, unwanted, and in many ways, you know, really dangerous attention in this regard. As we've seen recently as it relates to some other topics, many, much have come through this Committee.
- Josh Newman
Person
And so for my part, I'd also agree that any changes should be prospective and not impact ethnic studies programs, which by all accounts are currently serving local communities well. And hopefully that's a given in this. It seems like some additional amendment language is needed to further clarify this intent.
- Josh Newman
Person
And I know that you have, you know, made that offer, and I'd ask you to reaffirm explicitly your commitment to doing that. I do appreciate Senator Cortese concern about time. Senator Gonzalez, concern about gutting amend and time.
- Josh Newman
Person
And I think, you know, it's especially important to note against that point that the ethnic studies legislation we did took a lot of time and immensely complicated. And many of my colleagues, especially Jewish caucus colleagues, were very involved in that over a number of years.
- Josh Newman
Person
And so it is worth being wary about trying to solve a big problem in such a short time. But I am actually willing, in fact, glad to put my name against a vote to support this Bill today. And I think it's important that it move forward.
- Josh Newman
Person
I think this is an important discussion, and I salute both of the authors. But I also wanted to, you know, Doctor Montano made a really good point at your opening that ethnic studies comprises 90 out of approximately 13,000 hours of study across an educational experience.
- Josh Newman
Person
And that should also be something that we are mindful too, which is if we can improve the quality and the participation and the input in that other 1312 something thousand hours, we probably wouldn't have these problems. We would probably have a very different discussion. And so that's a separate issue for, I guess, many separate days.
- Josh Newman
Person
But if this Bill does get to the floor and then these very valid concerns have not yet been resolved, as any chair in my position would do, I do Reserve the right to call it back, but I know that you as an author are going to work very diligently to prevent that from happening.
- Josh Newman
Person
So with that, glad to support it. And would you like to close?
- Rick Chavez Zbur
Legislator
Yes. So, first of all, I want to thank you all. I want to thank everyone for the very important questions. I want to thank Members of the public, also the opponent today, very interested in continuing to work with you.
- Rick Chavez Zbur
Legislator
I'll say, first of all, it's just some of the details that raise the factual and accuracy, historically accurate, that was amended out of the Bill. We, the retroactivity, we have no intent to require anything that is already adopted and in place to be affected by this. I think we've taken amendments that do that.
- Rick Chavez Zbur
Legislator
But if there's anything remaining, obviously, we're very interested in making sure that that is absolutely crystal clear. I do think that we can actually through. We sort of have two choices. One is we either have more transparency in this process or we sort of move things to the state level.
- Rick Chavez Zbur
Legislator
And of course, that is not a part of the goal. I mean, that's inconsistent with the goal of allowing local control and actually tailoring these to the heritage and local communities. So we have basically focused as transparency as the way to provide safeguards on this.
- Rick Chavez Zbur
Legislator
I do think that the issues with respect to doxxing that have been raised and targeting are really important ones. I think we would like to continue engaging with the education experts on that. I think there's some things that we can do to address that as well.
- Rick Chavez Zbur
Legislator
Glad to be Senator Gonzalez, with your stakeholders in your area and any others that actually are interested. I know Assemblymember Addis and I have been having many, many, many meetings, clearly want to do that. We are reaching out not only to the Latino caucus, but all the diversity caucuses.
- Rick Chavez Zbur
Legislator
We've had some initial discussions with all of them and obviously need to have more in depth ones. And then I think the last thing that I'll say, and then I'll turn it over to assemblymember Addis for her close as well, is these transparency procedures.
- Rick Chavez Zbur
Legislator
While we actually have issues now that are really arising that are affecting the climate in schools for Jewish students and some of the content for Jewish students, these things are sort of community neutral. This affects all communities that are subject to bias and discrimination.
- Rick Chavez Zbur
Legislator
And, you know, when we talk about the fact that this, you know, that ethnic studies is one course out of many as an LGBTQ person, if you actually had content that was being taught in a school district that was basically LGBTQ, phobic, homophobic, the fact that it's only one course is something that really has, that creates a whole sense of affects the climate for these kids in the schools.
- Rick Chavez Zbur
Legislator
And it's not. We have to get this right for everyone. No matter what your background is, whether you're Jewish or whether you're Muslim or whether you're Christian or whether you are any racial or an ethnic community, we need to make sure that this is right for all.
- Rick Chavez Zbur
Legislator
And that's why I think these issues of cultural comedy, this just doesn't affect the Jewish community. I mean, we know about some of the things that are coming into curriculum in Florida now, which I don't think is very far away from it sort of seeping into California. This will help.
- Rick Chavez Zbur
Legislator
This transparency will help make sure that our, that our curriculums are good and safe for all communities. So with that, I just want to thank you all for the very insightful and important questions and ask for your. I vote at the appropriate time, and I would like to turn it over to assemblymember Addis.
- Dawn Addis
Legislator
Well, thank you. And I want to thank the chair and the Committee for your robust and in depth questions, comments and conversation.
- Dawn Addis
Legislator
And I do want to thank the opposition who has brought up some very salient points about the importance of ethnic studies for students in California schools across the board and how important it is that we uplift the real stories of children and adult students in our schools and respect for teachers voices and teachers who have experience in this discipline, and that we really, early on, I know the comment was made that because this was a gut amend, it felt like a surprise.
- Dawn Addis
Legislator
I will also say, though, that we have tried to be proactive in reaching out to our education partners and taking their voices into consideration. Not just into consideration, but true collaboration. It's clear to me, having been in the hearing today, that we need to continue those efforts.
- Dawn Addis
Legislator
We're committed to continue those efforts, and I do think we can get this right in the time we have. I would also say that some of what we've talked about, that we're afraid of happening is already happening.
- Dawn Addis
Legislator
And that's why we're sitting here today discussing this is because there's already a contention around how this curriculum is being taught, and there's already some scary things out there.
- Dawn Addis
Legislator
And so, you know, the goal here is to help make this better so that ethnic studies does thrive and that all children, all students that are able to take ethnic studies thrive as well. And so with that, I respectfully ask for your. I vote.
- Josh Newman
Person
All right, nature calls, but I can wait. So we have a motion for Senator Glazer. This is a serious thing. Would you like to close?
- Rick Chavez Zbur
Legislator
What I said before was about closing, and so I respectfully ask for an aye vote. That's awesome.
- Josh Newman
Person
Thank you. I thank you. Okay, madam console, please call the roll.
- Committee Secretary
Person
File, item 18, AB 20918 zebra. Motion is do pass as amended to Senate Appropriations Committee. [Roll Call]
- Josh Newman
Person
All right, that measure currently has five votes, and we will leave it open. Actually, no, that Bill is out. Everybody's here. Oh, Smallwood Cuevas is here. We will leave it open for Senator Smolder Cravis to weigh in. So thank you, everybody. Yeah, just hold on.
- Josh Newman
Person
Assemblymember Kalra thank you for your patience. I did a Bill on bathroom last year. I'm prouder than ever of that Bill right now, so you may proceed when ready.
- Ash Kalra
Legislator
Thank you so much. Good afternoon Mister chair and Members. AB 2441 will give our teachers and administrators the flexibility to decide when to report a student to law enforcement for certain incidents caused by their behaviors.
- Ash Kalra
Legislator
Under California law, teachers and administrators are required to call law enforcement for certain violations, such as assault and battery without injury or loud and disruptive noise at school, regardless of the circumstances or student situation.
- Ash Kalra
Legislator
Even if a teacher would like to address the incident differently, such as through mental health services or parent teacher conferences, and not report them to law enforcement, teachers and staff feel forced to report the student out of fear of being fined.
- Ash Kalra
Legislator
Sadly, this outdated system has led to alarming disparities in the types of students most likely to suffer these harms. Black students, Latino students, students of color, and students with disabilities are more than often disproportionately referred to law enforcement, cited and arrested, in many cases handcuffed and taken off the school premises.
- Ash Kalra
Legislator
Over policing in our schools has fueled the school to prison pipeline only hinders the ability for a student to get the resources they need.
- Ash Kalra
Legislator
As the staff analysis appropriately points out, we've made really great strides in focusing on restorative justice and other means, and AB 2441, in regards to law enforcement mandates, really makes it optional rather than mandatory for students to be referred to law enforcement when they willfully disturb a public school meeting or when a teacher or staff is attacked, assaulted, or threatened.
- Ash Kalra
Legislator
This Bill does not change existing law around law enforcement involvement where student fights or when a student is attacked and assaulted, threatened, or harmed. Furthermore, removing this mandate does not mean students won't be held accountable for their actions. Rather, AB 2441 gives teachers and schools the authority to make that judgment.
- Ash Kalra
Legislator
Call on what is the best approach for the student, whether it is best to address this in the principal's office, parent teacher conference, social services, mental health services, or if the incidence does warrant the police to be called. Lastly, nothing in this Bill prohibits or bans teachers or schools from coming from calling law enforcement.
- Ash Kalra
Legislator
In fact, the Bill specifically notes this is part of the many amendments that were taken in an Assembly Education Committee. One cannot impede or in any way discourage someone from calling the police if that's what they choose to do.
- Ash Kalra
Legislator
We need to trust and empower our teachers and administrators to make the decisions that they believe are best for the student's success and the safety of the classroom environment.
- Ash Kalra
Legislator
I appreciate all of the Bill of sponsors, including ACLU California Action, alliance for Boys and Men of Color, black organizing Project Disability Rights California, the Dolores Huerta foundation and public counsel, as well as three dozen other organizations in support, including the Association of California School Administrators, California Federation Teachers and Santa Clara County Office of Education of Education.
- Ash Kalra
Legislator
I do want to thank the chair for his engagement on this Bill.
- Ash Kalra
Legislator
And while we've had concerns, and I've expressed concerns with the amendments that require law enforcement notification for immediate medical attention, I'll be accepting the amendments today and would really appreciate the chair's commitment to continue working with us on further clarifying a mutually agreeable language as the Bill moves forward.
- Ash Kalra
Legislator
I know in this building we usually are able to come to agreement, and sometimes we don't. We just want the opportunity to continue the conversation and hopefully get to a place of agreement.
- Ash Kalra
Legislator
The language as it is, you know, is troublesome for us, but we understand the intention of the chair is good and that, and generally speaking, the chair has indicated support for what we're trying to achieve in our Bill as well. And so I feel hopeful.
- Ash Kalra
Legislator
Bill to get to a place of agreement if this Bill were to make it through this Committee with the chair amendments. Here to testify and support are Zulema Bacadano, a middle school teacher from Santa Ana, and Dolores Huerta. Oscar Daniel Lopez, senior Staff Attorney with Disability Rise California will be available for technical questions. Thank you.
- Josh Newman
Person
Welcome. Please proceed and thank you for your patience. You get to see a whole bunch of legislating before this Bill.
- Zulema Bacadano
Person
No, it's fascinating to me, so thank you. But good afternoon, chair and Members of the Committee. I'd like to first thank you for taking the time to consider this Bill. My name is Zulema Pacquiao. I'm a middle school teacher from Santa Ana and I'm from Senate District 29.
- Zulema Bacadano
Person
As a teacher that's been working in education for almost 10 years, this topic is something very near and dear to my heart as I take you to my time as a first year teacher. When I was assaulted by a 7th grade teacher or student. Sorry, who I'll call Mary. Mary was bright, funny, and a wonderful dancer.
- Zulema Bacadano
Person
She also had an undiagnosed condition that led her to have difficulties controlling her emotions, sometimes resulting in screaming or thrashing. It wasn't always obvious when Mary was going to react this way, but we tried to teach her healthy coping mechanisms.
- Zulema Bacadano
Person
The school was doing their best to help her guardians find answers, but she was in and out of foster homes, making it difficult to get consistent medical care. One day in class, I redirected her as she was yelling across the room.
- Zulema Bacadano
Person
When she snapped and started yelling at me, I approached her desk to ask if she'd like some time outside to cool down as we had practiced many times over. But she began shoving things off her desk in a rage, kicking her backpack over and over again, and in the process kicking me and sending me to the ground.
- Zulema Bacadano
Person
Another teacher overheard and came to try to talk Mary down, who was still screaming and thrashing her seat, unaware of what had just happened. Afterwards, my admin asked if I wanted to call the police. They explained that Mary accidentally kicking me constituted assault, especially because she was undiagnosed and they had no proof she didn't do it maliciously.
- Zulema Bacadano
Person
The teacher that came to help me tried to convince me to press charges because she shouldn't get away with it. But what she didn't understand is that if I did, Mary would probably never be diagnosed. As I'm sure we all know, female black students statistically have a harder time being formally diagnosed for their behavioral issues.
- Zulema Bacadano
Person
She was finally living with family, able to have Doctor's appointments, but calling the police would have sent her back to foster care. This teacher didn't know anything about Mary, but formed an opinion about her with a snapshot.
- Zulema Bacadano
Person
Because I was allowed to use my professional judgment, Marie was able to get the help that she needed and ended up going to historically black college. AB 28441 gives educators like me the ability to choose how we react to individual students needs and circumstances.
- Zulema Bacadano
Person
This Bill could let us have thousands of Marys able to pursue their dreams. I respectfully ask for your I vote on AB 2424-2441 thank you.
- Josh Newman
Person
Thank you and well done. Thank you, Miss Huerta. So nice to see you.
- Dolores Huerta
Person
Good afternoon, terran Members. My name is Dolores Huerta with the Deloresota Foundation for Grassroots empowerment and organizing. We have chapters of our foundation throughout Central Valley and parts of Los Angeles County, and in each chapter we have an education Committee that works with both parents and students to engage in the educational process and with school districts.
- Dolores Huerta
Person
AB 2441 will allow educators to utilize all of the tools at their disposal to pursue public safety. Educators are constrained currently by state laws that were passed during the super predator eradic along Debunk myth that proclaimed that young people were becoming more violent and remorseless despite the lack of evidence.
- Dolores Huerta
Person
Unfortunately, that formed the basis of much of our 1990s policymaking and the laws that we have at issue today.
- Dolores Huerta
Person
John DiLulio Junior, who actually conceived of this theory, actually denounced his own theory, saying that it was not right, it was not working in our organization, we have one chapter in California City, which is primarily a black area, and the kids in California City, eight out of 10 children.
- Dolores Huerta
Person
The teachers have called in to the school to take the kids out of school, eight out of 10 black children. And we know that this is not right. This Bill does not prohibit or impede school personnel from calling or working with law enforcement.
- Dolores Huerta
Person
This Bill is limited to behaviors that schools have experienced resolving, such as Marijuana or alcohol use or teachers assaults. This Bill does not alter mandates or other behaviors such as possession of a firearm. Research on school safety has grown and methods such as restorative justice have proliferated. But our state laws have not caught up on this research.
- Dolores Huerta
Person
Today, educators have no choice but to always notify law enforcement. Contact with law enforcement decreases graduation rates, increases reciprocalism rates, and is very traumatic for students. Data from the California Attorney General's Office shows that disparities that students with disabilities and black students and brown students are more likely to be searched and handcuffed than their peers.
- Dolores Huerta
Person
There's one instance in Moreno Valley where a young disabled student was actually handcuffed and arrested 30 single times by the local resource officers and four times by police. The California Federation of Teachers Association and California school administrators support this Bill because it increases their ability to keep our students and our educators safe.
- Dolores Huerta
Person
Will you please help us stop the school to prison pipeline? Trust the teachers. And by the way, I forgot to mention I was a former teacher. I have a daughter who was a teacher for 14 years. Also trust the teachers.
- Josh Newman
Person
Thank you very much. You got what I like to call the Dolores Huerta bonus additional minute, but thank you for your test testimony and appreciate you being here. Witnesses in support please come forward. Thank you Mister chair and Members, as. You just heard, the CFT is in support of this Bill. We urgently vote.
- Stella Johnson
Person
Thank you Stella Johnson on behalf of small school District Association in support.
- Gregory Cramer
Person
Thank you. Good afternoon Mister chair Members. Gregory Kramer on behalf of Disability Rights. California proud cosponsors, thank you.
- Megan Baier
Person
Hello, Megan Baer with Association of California School Administrators and support. Thank you. Thank you.
- Faith Lee
Person
Hi, Faith Lee with Asian Americans Advancing Justice Southern California we're in support.
- Josh Newman
Person
Thank you.
- Sally Ching
Person
Hi, Sally Chang with the Alliance for Boys and Men of Color. Co-sponsors and strong support. Also reading off the names of other co-sponsors and support black parallel school board, Coleman advocates, Californians for justice and Brother Sun Selves.
- Josh Newman
Person
Thank you.
- Rachel Bhagwat
Person
Hello, Rachel Bhagwat with ACLU California action proud co-sponsors of this Bill. Also recognizing our co-sponsors, black organizing projects, social Justice Leadership Institute and public Council. Thank you.
- Josh Newman
Person
Thank you.
- Jess Contreras
Person
Hi, Jess Contreras, Dolores Huerta foundation and representing Arvin California and strong support.
- Josh Newman
Person
Thank you.
- Dolores Huerta
Person
Juanita Chavez with the Dolores Huerta foundation. And justice for my sister in support.
- Josh Newman
Person
Thank you very much. Witnesses in opposition, please come forward. You can come to the table if you like. And welcome, Mister Chairman, gentlemen.
- Cory Salzillo
Person
Mister Chairman, Members Corey Salzillo, on behalf of the California State Sheriff's Association, here in opposition to the Bill, school officials and law enforcement should work collaboratively, especially when it comes to students whose behavior violates the law and jeopardizes school safety.
- Cory Salzillo
Person
Removing the requirements that information about these incidents be shared with law enforcement runs counter to that notion and impedes law enforcement, frankly, from being able to best protect our schools. We feel that successful models of school and law enforcement partnerships benefit from this collaboration aimed at keeping classrooms and campuses safe.
- Cory Salzillo
Person
And removing the requirement that educators report unlawful behavior on campus will only reduce the level of student safety.
- Cory Salzillo
Person
We acknowledge the Bill allows for these reports to take place, but we agree that existing law is the appropriate way to handle this, particularly in the limited situations that are described in existing law and that are addressed by the Bill. So for those reasons, we respectfully ask for your no vote. Thank you. Thank you.
- Ryan Sherman
Person
Good afternoon, Mister chair Members. Ryan Sherman with the Riverside Sheriff Association. I'm going to go through a list of some other law enforcement organizations that are also in opposition to the Bill.
- Ryan Sherman
Person
California Narcotic Officers Association, California Reserve Peace Officers, Deputy Sheriff's Association, Placer county, the Police Officer associations of Arcadia, Burbank, Claremont, Corona, Culver City, Fullerton, Murrieta, Newport Beach, Nevada, Palos Verdes, Pomona, Riverside, Santa Ana, Uplandhouse, the LA School Police Association, the LA School Police Management Association, California Coalition of School Safety Professionals, Alverde Unified School Police Officers Association, and the California Association of School Police Chiefs, all in opposition to 2441.
- Ryan Sherman
Person
California's law enforcement organizations are opposed to this Bill because it would endanger our schools, staff, resource officers, and especially students by eliminating current mandated reporting to law enforcement about violent and dangerous incidents on a public school campus.
- Ryan Sherman
Person
Mandated reporters were established in schools after officials repeatedly failed to exercise common sense by notifying law enforcement when violent acts were committed or dangerous drugs were brought onto school grounds.
- Ryan Sherman
Person
Regrettably2441 will make schools less safe as proposed to be amended, although the language has not yet been agreed to, yet removes the duty of all school staff, including the victim, to report to law enforcement when a staff Member is assaulted, attacked, or threatened by a student.
- Ryan Sherman
Person
Although it does allow for an exception to this rule if the attacked, if the attack results in need for immediate medical attention, depending on the language of the proposed amendments that we haven't seen yet. AB 2441 inexplicably also eliminates the requirement to report possession on campus by students of meth, heroin, and fentanyl.
- Ryan Sherman
Person
While narcotic sales still must be reported to law enforcement, AB 2441 restricts such a notification to be made only by the principal or her designee, despite their lack of training and investigatory experience, to appropriately determine whether these deadly drugs have been or are intended to be sold on campus.
- Ryan Sherman
Person
This Bill provides no authorization for any other staff Member to report dangerous drug possession or sales on campus. It's not that the mere contact with law enforcement results, as was previously stated in lower graduation rates and future incarceration. It is the behavior and propensity for violence and crime that leads to reduced graduation and incarceration.
- Ryan Sherman
Person
Because this Bill will make our schools, students and staff less safe, we must suppose they be 2441 and respectfully request a no vote.
- Josh Newman
Person
Thank you, Mister Chairman. You also got the Dolores where to bonus in the interest of fairness, so also opposition. Welcome.
- Julio De Leon
Person
Good afternoon. Julio De Leon on behalf of Riverside County Sheriff Chad Bianco, in opposition. Thank you.
- Josh Newman
Person
Any other opposition? Seeing none. Any tweeners? Seeing none. Let us come back to the dais. Colleagues. Questions, comments Senator Ochoa Bogh hi.
- Rosilicie Ochoa Bogh
Legislator
Welcome. Member Kalra, good to see you here. So, you know, I'm reading here the arguments support with the concerns with over policing of children in public schools, claiming that it has fueled schools to prison pipelines and that this connection of police with interactions with the students can be harmful practice and protect future generations of students.
- Rosilicie Ochoa Bogh
Legislator
It says here law enforcement, juvenile and criminal legal systems. Sorry, I'm reading my notes here, graduate high school and more likely to wind up in jail or in prison if they make contact with law enforcement.
- Rosilicie Ochoa Bogh
Legislator
Also citing that they will be arrested and referring students to law enforcement will only cause further harm to minority to the minor than correcting the behavior and addressing the issue. So I want to make two points and then questions and be happy to hear more testimony on that.
- Rosilicie Ochoa Bogh
Legislator
If this Bill were to go into effect here, what alternatives or incoming to the place of this particular Bill, what alternatives and consequences do schools have teachers have? Or what examples do you have of successful models that would limit this in place? What do you envision on that end?
- Ash Kalra
Legislator
Well, one example. Thank you for the question, Senator. One example is in my old high school, Oak Grove High School in south San Jose, part of the east side Union High School District. Senator Cortese used to serve on that board some years ago.
- Ash Kalra
Legislator
I went there recently in the last couple of years, and they now have on site a social services center with counseling and services that I wish they had when I was younger.
- Ash Kalra
Legislator
And so there is an opportunity to have a behavioral health specialist, to have counselors, to have others on site on campus that can deal with behavioral issues that a student might be expressing.
- Ash Kalra
Legislator
And so if there's a situation like was mentioned by the witness, there are other alternatives that can be meaningful alternatives that lead to better outcomes than calling the police. And it's not, again, it's not to say that calling the police is not always, it's not the wrong thing. It's the wrong thing to do all the time.
- Ash Kalra
Legislator
But I think now more than ever before on school campuses, we're having alternatives that we never would have imagined 30 or 40 years ago because of, frankly, a lot of the mandates and efforts of the state. By putting more money into counseling and behavioral health services on campuses, we're actually having other options than we've ever had.
- Ash Kalra
Legislator
And so that would be. That's one of many different examples. You can certainly call the parents in back. In fact, right now as the. The law, if there's a fight between two students, that's the discretion of the principal, the administrator, the teachers as to whether they want to call law enforcement or not. So that already exists.
- Ash Kalra
Legislator
The discretion already exists. And we trust our students, our teachers, we trust our principals, our administrators to make the right call in that case. I think that if they are actually the victim of that kind of behavior, they're even in a better position to make the call as to whether other alternatives could work.
- Ash Kalra
Legislator
And gratefully, thankfully, there are more alternatives now than there have been ever before.
- Rosilicie Ochoa Bogh
Legislator
And I don't argue with the point that we do have alternatives right now available. And, you know, if schools are able to secure the programs, the funding and the personnel to be able to do that work. Excellent.
- Rosilicie Ochoa Bogh
Legislator
I still don't see the reason why we need to remove the requirement to notify if they have possession of narcotics control substance by a student if it does not include a firearm. That's what you currently have right now.
- Rosilicie Ochoa Bogh
Legislator
And the reason being, and we don't have a definition of what controlled substance, especially in light of the recent deaths that we had in increase, especially regarding fentanyl in this state, which we have a huge problem. Our district, which actually has been represented today. Bye. At the Riverside Sheriff's Association in San Bernardino.
- Rosilicie Ochoa Bogh
Legislator
So that's one of the concerns that I have that there isn't. I'm going to go to the next point that I have right now. So it doesn't have to preclude one in order to have the help that you have right now to be able to preclude calling or notifying law enforcement.
- Rosilicie Ochoa Bogh
Legislator
This is going to go to my second point that, you know, we have a comment or the notice here that, you know, we. It's claimed that having contact with a police officer or law enforcement when they're young or being exposed to them in school first is it's a negative.
- Rosilicie Ochoa Bogh
Legislator
It's a negative component because it may lead to the prison pipeline. And, and there's a study that's quoted trying to prove that scenario, the data that they should commonly quote it here in the Legislature to justify limiting exposure to police. Right.
- Rosilicie Ochoa Bogh
Legislator
However, I actually had the opportunity to have discussions with someone in Berkeley that had, that actually worked in this space of this particular study. And what was interesting to note within that study, when it was acquired, the data was being acquired.
- Rosilicie Ochoa Bogh
Legislator
I asked specifically within that study if it took consideration or questioned or writing the fact of the culture or the value on education authority in the home. So what was the culture and the value at home with regards to education, with regards to authority, with regards to respect of personal, self and property?
- Rosilicie Ochoa Bogh
Legislator
All of these other factors that kind of have not kind of have an impact on personal behavior and how that impact or that Mindset will impact behavior outside moving forward, making decisions that would lead into breaking the law per se. And interestingly enough, within that study, none of that was taken into consideration.
- Rosilicie Ochoa Bogh
Legislator
The only correlation that they had was that there was exposure to law enforcement in school or outside and prison from a young age overdose. But nowhere that we actually consider or have dialogue or conversations within that.
- Rosilicie Ochoa Bogh
Legislator
Well, yes, they had to have those conversations to get that data, to put it in there as a factor in basically concluding that that was the reason that the students or the young adults entered the prison system.
- Rosilicie Ochoa Bogh
Legislator
So I want to challenge that notion that because you're exposed to law enforcement in school, because you're doing something aside from the behavioral health or learning disabilities that a child may have, aside from that, the fact that we are continually continuously stating, sorry, I'm cold, and when I'm cold and shaky and my voice is, my hands are super cold, right now, I'm shaky.
- Rosilicie Ochoa Bogh
Legislator
But we're continuing that narrative that if a child is exposed to law enforcement at a young age or in school, it automatically, you know, the percentage of them entering the prison system is really high. Without taking in consideration the personal values and culture of that particular student within the home or within the community moving forward.
- Rosilicie Ochoa Bogh
Legislator
And so I have a really hard time with this fail on that end because first of all, I think we're not quite looking at the whole picture. We need to reassess and have a really more comprehensive study and data being acquired and analyzed as we move forward with school policy.
- Rosilicie Ochoa Bogh
Legislator
Because as I speak to many teachers as well, and I have, there's a lot of frustration that we are taking a lot of tools away from removing students who may be a threat or a pretty serious disturbance within the classroom, especially when it comes to high school. It's a different environment that we have now.
- Rosilicie Ochoa Bogh
Legislator
So as of right now, I won't be able to support your Bill on this, on this measure, but I appreciate the effort. And I do realize that we do need to have behavioral health, especially in light of the culture that we have in so many aspects. Behavioral health needs to be assessed and training and awareness.
- Rosilicie Ochoa Bogh
Legislator
On that end, I'm in full support. But on the other end, I don't think the data that we have is actually conducive to what we're currently trying to pursue legislatively.
- Ash Kalra
Legislator
Senator, if I could, Mister chair. Senator, first of all, Bill adds tools. It doesn't take tools away. Right now, there's a limit of tools. You call the police. And so what this does is actually give discretion to those that know the students the best. In terms of the studies, it's not just one study.
- Ash Kalra
Legislator
There are actually numerous studies that show early negative interaction with law enforcement does lead to negative consequences later in life. Are there other factors? Absolutely. I taught in inner city high schools in DC for two years. Outside of the four walls of the school, there was a lot going out on in the homes, in their neighborhoods.
- Ash Kalra
Legislator
But who's in the best situation to understand what's happening with that individual student outside of the school, in those homes, in their neighborhoods? It's the teachers and the counselors, not law enforcement, not because law enforcement is bad or wants to do, just because they only have a limited amount of tools that they have.
- Ash Kalra
Legislator
They're not the ones that are tasked to raise our kids from nine to five or nine to three and take care of them and understand their needs.
- Ash Kalra
Legislator
And so really, not only do the studies show that early interaction, studies also very clearly show that it makes a big difference if it's a child of color, if it's a black or Latino kid.
- Ash Kalra
Legislator
And you mentioned setting aside whether someone has behavioral issues, we can't set that aside because there's a dramatic increase of students with disabilities that get arrested compared to the rest of the population. Because when you have to call the police again, the police have a limit as to what they can do.
- Ash Kalra
Legislator
And it's hard to know what to do with someone that's acting up and having a behavioral crisis. If we give other tools to our schools, they had the opportunity to try something else. And that's why it's not, you know, this Bill does nothing.
- Ash Kalra
Legislator
It does not prohibit calling the law enforcement at all, whether it's for, you know, whether it's the drugs or it's a violent acting out disruption. Absolutely. You can call the police. It's adding, it's.
- Ash Kalra
Legislator
What it's doing is it's trusting those that know the students the best to make the right call and to make the right call for the best interest of that student. Because if they.
- Ash Kalra
Legislator
If we can reduce the negative interactions, and I say negative specifically because if you're going to the park and you're having an event, a farmer's market, and there's police officers handing out stickers and have positive interactions, that's fantastic. We want that. We want those positive interactions.
- Ash Kalra
Legislator
We don't want the first interaction of a young person to have or an early interaction with law enforcement. They're being taken away in handcuffs. If there are other alternatives, if that's the only choice, and that's the appropriate choice, then so be it.
- Ash Kalra
Legislator
We don't want to take that power away from the schools or law enforcement to do what's right for the safety of the campus. It's really about giving options and discretion to those that know the student the best. Especially given the fact that there are more tools now than ever that are available.
- Ash Kalra
Legislator
Let's allow our schools to use those tools rather than continuing to be limited by a policy that's truly outdated.
- Rosilicie Ochoa Bogh
Legislator
I know. Just to wrap it up for me. So once again, I'm not. I'm in absolute support of behavioral counseling, supportive, being provided at our schools. Incredibly important.
- Rosilicie Ochoa Bogh
Legislator
But the Bill, you know, as I'm reading it with the summary, it says, eliminate the requirement that schools notify law enforcement regardless regarding instances involving the possession of narcotics or controlled substance by a student if it does not include a firearm. So I guess a follow up question would be having the presence of law enforcement.
- Rosilicie Ochoa Bogh
Legislator
I guess it's a question. Sorry. And I completely agree. I have to get moving. But the question lies on whether or not are students automatically arrested and taken away if they're called for narcotics controlled substance or student or is there an evaluation whether or not it they're taken.
- Josh Newman
Person
Mister Salzillo. Go ahead.
- Cory Salzillo
Person
Thank you. Through the chair. No, Senator, there's no mandate that anything happened in terms of an enforcement action. Again, it's the call to say the mandate is this has happened, a physical attack on a teacher, an assault threat, or again, the possession of a controlled substance. That's the mandate that has to happen. The call has to happen.
- Cory Salzillo
Person
Beyond that. The officer obviously has discretion, just like they would if they encountered a situation on the street that had nothing to do with a student or a school, that they would look at the situation, investigate it, and then they would make a decision based on that.
- Cory Salzillo
Person
And even if they did have some kind of detention or something like that with the subject, there's no guarantee that the person gets charged with a crime, goes to jail, anything like that.
- Rosilicie Ochoa Bogh
Legislator
So basically, if the law enforcement's there, they do not automatically need to arrest the student and take them away. But it does give the ability to give a different perspective as far as trying to assess whether or not the narcotics, the controlled substance that the child or the student is carrying should be investigated or not.
- Rosilicie Ochoa Bogh
Legislator
If there's something more egregious that needs to be investigated in that scenario, would it be more of a perspective rather than an automatic arrest? Yes, ma'am. Okay. Thank you.
- Josh Newman
Person
You're good. Okay.
- Dave Cortese
Legislator
Senator Cortese to strike that balance. It kind of reminds you that old, you know, television series type of language. Well, do you want to press charges or not? You know, and, you know, it's sort of a false reality.
- Dave Cortese
Legislator
But in the schools, they, aside from this Bill, really haven't had the opportunity to sort of make that decision. Do you want to keep this as an internal disciplinary matter? And they have their own complete process for that, including expulsion hearings and everything else. And, or do you want to get the police involved?
- Dave Cortese
Legislator
And that could also involve interaction with the parents that are involved with that student or students, plural. So I like where this has gone. It's hard to do bills like this and strike a balance, which means I also really appreciate the chair and the Committee.
- Dave Cortese
Legislator
I wasn't involved with it, but the Committee staff really getting into this and getting into the details.
- Dave Cortese
Legislator
And when Assemblymember Kalra said, you know, he has agreement with the chair on how to go forward on the one remaining item, you know, in some sort of collaborative way, I appreciated hearing that very much because I have great respect for the author and great respect for the chair. So I appreciate you. Thank you.
- Dave Cortese
Legislator
Making it easier for us to move forward here today, and I'm happy to move the Bill.
- Josh Newman
Person
All right, thank you. For my part, I want to thank the author for being willing to have those conversations. I thought they were important. And to Senator Cortese's point, it's about balance, right? So, where you and I were at odds for a time was the existing sort of threshold was battery with a deadly instrument.
- Josh Newman
Person
To my mind, I thought that was too high, simple battery was too low, I think, given what you're trying to do. So, I appreciate it. So, I'm going to read the language, just so it's on the record here and the language. And while stipulating, I'm glad to work on refining that language to your request.
- Josh Newman
Person
But the placeholder right now is whenever an employee of a school district or a county Superintendent of Schools is subject to an attack by a pupil that causes bodily harm sufficient to require immediate medical attention, the employee shall notify the appropriate law enforcement authority of the county or city in which the incident occurred.
- Josh Newman
Person
Again, that seems like a reasonable threshold to me, and I appreciate your willingness to accommodate that. Go ahead.
- Ash Kalra
Legislator
Well, thank you so much, Mister chair, and appreciate your movement and trying to strike that balance, as Senator Cortese was just mentioning.
- Ash Kalra
Legislator
And we'll certainly be accepting community amendments today with the understanding that, as it's currently written, is not acceptable, necessarily for myself or the co sponsors, but with the understanding that we'll continue to talk and if we find an agreement, we do. Sometimes we don't in this building.
- Ash Kalra
Legislator
But I know that given your intentions, and I think given our intentions, I believe we'll be able to find again.
- Josh Newman
Person
I hope so. But, you know, to point out that that will be the Bill of record as it moves forward. So, I'm glad to work with you on that, and I'm glad to take input from public safety to make sure that we find the appropriate balance. I think we have a motion from Senator Cortese.
- Josh Newman
Person
Would you like to close? I think you had an awesome close earlier.
- Ash Kalra
Legislator
Yeah. And what I just said, I think just to kind of clarify the position and that, yes, we look forward to working, continue to work with you, Mister chair, and the Committee.
- Josh Newman
Person
All right, thank you. With that, we have a motion for Senator Cortese. Madam consultant, please call the row file.
- Committee Secretary
Person
Item 13 AB 2441. Cabra. Motion is do pass as amended to Senate Appropriations Committee. [Roll Call]
- Josh Newman
Person
All right, that measure has. Where am I? Has three votes. We'll leave it open. There's some other Members closing out other votes. Let us now, for the benefit of my colleagues here, let's reopen the roll, starting with the consent calendar. Or do we guess consent calendar?
- Committee Secretary
Person
Okay, on the consent calendar, Glazer. Glazer eye. Gonzalez. Smallwood, Cuevas.
- Josh Newman
Person
All right, that measure has five votes. We'll leave it open for now. Next is AB 1142 from Assembly Member Fong. We do need a motion. Oh, I said we have one from Wilks. Sorry. Good. Please call the roll.
- Committee Secretary
Person
[Roll Call]
- Steven Glazer
Person
Is this your last meeting as chair this year?
- Josh Newman
Person
This is your last meeting as a Member. Why?
- Steven Glazer
Person
I just wanted to take the opportunity to thank you and the wonderful staff here at the Education Committee. Minority majority staff to everybody. Everybody that keeps this Committee humming. They're challenging issues. And I know you and so many have put so much time into good, deep thought to what we do. And I want to just say thank you.
- Josh Newman
Person
I appreciate that. And we thank you. We try to salute both of you. You were otherwise engaged at the beginning. So thank you for your contributions for a very extended period as a Member of this Committee. I might get you a plug. I'm going to get you a plaque and a cinnabon. All right, thank you.
- Josh Newman
Person
So we're going to leave the roll open for the two missing Members, but thank you to those Members who are finished. We're going to recess until such time as those folks return and we will re adjourn. When they do. We are going to open the roll for our two colleagues who had simultaneous other hearings.
- Josh Newman
Person
Madam consultant, I think we start with the consent calendar. Please call the roll on the consent calendar.
- Committee Secretary
Person
[Roll Call]
- Josh Newman
Person
That seven votes to zero. With that, we have completed the agenda. Thank you everybody, especially staff for your good work. And with that, this Committee is adjourned. Thank you, everybody. That was fast.