Assembly Standing Committee on Education
- Al Muratsuchi
Legislator
All right, like to call this hearing of the Assembly Education Committee to order. Good afternoon everyone. We will hold off on calling the roll to establish a quorum.
- Al Muratsuchi
Legislator
I'd like to invite all of the Education Committee Members to please come down to room 11100 and like to announce that we have 32 bills on file today so a full day of Bell hearings. One Bill has been pulled from the hearing that is file item number 13, AB673 by Assemblymember Jackson.
- Al Muratsuchi
Legislator
So if you are here for Assembly for file item 13 AB673 that will not be heard today and one item has been pulled from consent that is file item number 12 AB640 My Bill and so that will be presented.
- Al Muratsuchi
Legislator
So if you are interested in File item number 12 AB640that will be heard, there are 11 bills remaining on consent.
- Al Muratsuchi
Legislator
They are and these bills are not going to be heard individually, but they're going to be heard or they're going to be voted on as a block without any presentation given that they are have received bipartisan recommended support with no opposition.
- Al Muratsuchi
Legislator
These are AB395 with amendments, file item number 6, AB422 with amendments, file item 7, AB453 file item number 8 with amendments, AB503, file item number 10, AB606 file item number 11, AB811, file item 16, AB821, file item 17, AB962. File. Item 21 and AB1009 file item 23.
- Al Muratsuchi
Legislator
Also 02 pages here, AB1306, that's file item 28 and AB1369. File item number 291306 is with amendments. So those 11 bills will be voted on together on consent. We have one more Committee Member necessary for quorum and so we'll hold off on voting on the consent calendar.
- Al Muratsuchi
Legislator
Bills will be heard in sign in order as a reminder for each Bill we will have up to two witnesses each in support and in opposition. So two witnesses support two witnesses opposition, each of whom may speak for up to two minutes.
- Al Muratsuchi
Legislator
I will be trying to cut you off after two minutes, so please try to keep your comments to two minutes. Members of the public in the hearing room will have an opportunity to state their position on each Bill. Please state your name, affiliation and position, support or oppose on the Bill only.
- Al Muratsuchi
Legislator
Members of the public are also welcome to provide additional comment through the position letter portal. Basically provide comments through the Committee's website. And we have a standard statement that I need to read regarding conduct in our hearings.
- Al Muratsuchi
Legislator
We seek to protect the rights of all who participate in the legislative process so that we can have effective deliberation decisions on the issues facing our state. As we proceed with the witnesses and public comment, I want to make sure everyone understands that the Assembly has rules to ensure we maintain order around efficient and fair hearing.
- Al Muratsuchi
Legislator
We apply these rules consistently to all people who participate, regardless of the viewpoints they express, in order to facilitate the goal of hearing as much from the public.
- Al Muratsuchi
Legislator
Within the limits of our time, we will not permit conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of legislative proceedings, and we will not accept disruptive behavior, behavior that incites or threatens violence. Remember, rules for today include no talking or loud noises from the audience.
- Al Muratsuchi
Legislator
Public comment may be provided only at the designated microphone and as permitted by the chair. Public comment must relate to the subject being discussed today and no engaging in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of this hearing.
- Al Muratsuchi
Legislator
Please be aware that any violations of these rules may subject you to removal from the hearing room or other enforcement actions. We have Members here to establish a quorum, so, Madam Secretary, please call the roll.
- Al Muratsuchi
Legislator
All right, we have a quorum. Can we entertain a motion to adopt the consent calendar? Madam Secretary, please call the roll.
- Al Muratsuchi
Legislator
How many votes? Okay, five votes. Consent calendar is out and adopted. All right, we had File Item number one, Mr. Gallagher, but I don't see him in the room. And so, Ms. Davies, you are. Okay, so Ms. Davies is agreeing to allow Mr. Gonzalez to go ahead. So this is file item.
- Al Muratsuchi
Legislator
This is AB727, file item 14. Oh, okay. Sir, we have more than one Gonzalez in the. In the building. So Jeff Gonzalez yes, of course, we like to fight against that. So this is file item 31, AB 1412 by Assemblymember Jeff Gonzalez. Welcome, sir.
- Jeff Gonzalez
Legislator
Good afternoon, Mr. Chair and members. I want to start off by accepting the Committee amendments that are highlighted in the analysis. I also want to thank the committee for working with me and my team on this important legislation and I look forward to continuing to work on this issue.
- Jeff Gonzalez
Legislator
I am honored today to present AB 1412 which would make the transfer process consistent for all types of school transfers for special needs students.
- Jeff Gonzalez
Legislator
Specifically, this bill requires school districts to adopt or implement a special needs student students current or new individual education program, also known as an IEP, within 30 days of transfer from outside of the state.
- Jeff Gonzalez
Legislator
Additionally, this bill would require the new school to promptly coordinate with the student's parents and previous school and to take reasonable steps that are consistent with the Interstate Military Compact to ensure prompt student record acquisition. These requirements would ensure timely access to services for highly mobile students with exceptional needs.
- Jeff Gonzalez
Legislator
AB 1412 is about consistency and protecting access to services for students. Existing law requires that when a student with an IEP transfers between schools within the state, the new school must either adopt the previously agreed upon IEP or develop and implement a new one within 30 days.
- Jeff Gonzalez
Legislator
This 30 day timeline does not exist for transfers from outside of the state. This means that students with exceptional needs often face delays and hardships in getting the services that need that they need when they transfer from outside of the state.
- Jeff Gonzalez
Legislator
As a proud marine veteran, I know that military connected children are especially vulnerable to these challenges given their highly mobile lifestyle. We had this in my house, we completely understand this and we had to go through it and it challenged my house.
- Jeff Gonzalez
Legislator
By adopting a uniform timeline for all types of transfers and by requiring prompt coordination and acquisition of student records, AB 1412 provides necessary guardrails for special education and protects against unnecessary delays. I'm committed to working with the opposition to address their implementation concerns and and I look forward to continued conversations.
- Jeff Gonzalez
Legislator
With me today to testify and support and answer any technical questions is Ned McKinley and Kelli May Douglas.
- Kelli Douglas
Person
Good afternoon Chair Muratsuchi and members of the committee. My name is Kelli May Douglas and I'm with the Office of the Undersecretary of Defense for Personnel and Readiness. Highly mobile children, including military children, experience recurring educational disruptions and challenges. Military families move frequently and change school systems on average six to nine times throughout their educational journey.
- Kelli Douglas
Person
For these military families of children of disabilities, transitions between states can be especially overwhelming. Delays in implementation of special education support to military children can create a loss of educational opportunity and contribute to critical learning gaps. These losses can be magnified with each military move.
- Kelli Douglas
Person
This bill does not attempt to change existing federal requirements for districts to provide comparable services upon transfer. Instead, it specifies a timeframe for adoption of an IEP for students transferring from another state or jurisdiction, replicating what is provided for those students that are within state.
- Kelli Douglas
Person
The intent of the language is to reiterate and leverage existing policies, including federal special education and disability laws, the Interstate Compact on Educational Opportunities for Military Children, and state provisions to speed up the time it takes for districts to review records from out of state to better enable them to provide the same timeline that is provided for those with intrastate transfers.
- Kelli Douglas
Person
As previously recommended by the Federal Office of Special Education Programs, California districts are encouraged to accept recent evaluations conducted in a previous state. This would help reduce delays in adopting a new IEP upon Receipt of Records. Seven states have enacted this similar legislation and 12 states, including California, are considering bills in the current legislative session.
- Kelli Douglas
Person
The Department of Defense is grateful for the tremendous efforts and support that California continues to offer our military families. With nearly 85,000 children of service members currently living in the state at any given time, enhanced statewide policies such as those reflected within AB 1412 can have a significant positive impact on the educational experiences of our military children.
- Ned McKinley
Person
Good afternoon Mr. Chair, members of the Committee. My name is Ned McKinley. I'm with Marine Corps Installations West. I'm here today on behalf not just of the Marine Corps, but all the services in California. Just a couple of things I want to add on to the testimony.
- Ned McKinley
Person
These are challenges we are hearing across the straight state from all our installations. 30, 31% of families in a recent survey said they have delays of more than 60 days of getting their children with an IEP adopted.
- Ned McKinley
Person
The bases include Travis Air Force Base, Los Angeles, Space Force Base, Fort Irwin, Naval Base San Diego, as well as within the Marine Corps. So thank you very much.
- Al Muratsuchi
Legislator
Thank you. Any public comments in support of the bill, please come forward.
- Denise Morgan
Person
Good afternoon Mr. Chair, members. My name is Denise. On behalf of. Denise Morgan on behalf of the California State PTA and we're in strong support of this bill. Thank you.
- David Bolog
Person
David Bollog in strong support of this necessary legislation. Thank you.
- Nicole Young
Person
Nicole Young, Placer County Chapter Chair, Moms for Liberty as well as the Legislative Chair for Moms for Liberty California. We are in strong support.
- Sabrina Williams
Person
Sabrina Williams. I am the lead captain for Mom Army Sacramento and Placer County. I'm also a military family and strong support.
- Seak Smith
Person
Hi, Seak Smith. I'm the founder of Mom and Dad Army in strong support of AB 1412.
- Florentina Diginaro
Person
Hi. Florentina DiGiannaro in strong support of this bill and also a parent with a child with IEP.
- Christine Bish
Person
Christine Bish, Legislative Director for California Parents Union and Vice President of the Sacramento Republican Assembly. We are in strong support of this bill.
- Al Muratsuchi
Legislator
Thank you. Any witnesses in opposition to the bill? Any public comments in opposition to the bill or anyone with an in between position? A tweener?
- Kordell Hampton
Person
Good afternoon. Kordell Hampton with the Association of California School Administrators. Respectfully opposed to AB 1412. We look forward to working with the author's office on concerns. Thank you.
- Al Muratsuchi
Legislator
Thank you. Any public comments in opposition to the bill? Seeing that. Okay. Bring it back to the committee. Any questions or comments from the. Dr. Patel.
- Darshana Patel
Legislator
I am the only committee left here standing to ask some questions. So I'm going to ask you some questions. Assemblymember Gonzalez, thank you for bringing this bill forward. As a most recently former school board trustee in the Powell Unified School District down in San Diego, thank you for being here.
- Darshana Patel
Legislator
Our military family, I appreciate you bringing this bill forward. I have a couple questions I'm inclined to support, but I do have a couple questions. One of them is, looking at it technically, state education law varies from state to state and I'm not very familiar with special education laws and policies in other states.
- Darshana Patel
Legislator
And what could constitute justification of an IEP in one state? Is it that different from one state to another? And will our California budgets be able to handle that 30 day timeline? I just want to make sure we are well resourced to do the task that we're putting upon our school districts.
- Jeff Gonzalez
Legislator
Let me give you a personal and then we'll go to the technical. Right. So we were stationed in South Carolina and we were given orders to California. I had two kids with IEPs. We took those IEPs to California. They said you had to start all over. Those didn't count.
- Jeff Gonzalez
Legislator
And then when they did the new IEP it was almost the exact same thing. So we said our kids didn't have services just to give us the exact same thing. Like I could see if there was a huge thing. But we came across that with tons of Marine Corps families.
- Jeff Gonzalez
Legislator
And when I went up in the ranks, it's just the same thing. It was just a copy and paste. So let's say it wasn't. Let's start from let's use what we have and then walk and chew gum at the same time. Right. So I'll pass it to one of my experts.
- Kelli Douglas
Person
Oops. Yes. Hi Assemblymember. And thanks for the question. And yes, I'm in Oceanside, so very familiar with your school district, previous school district. So I have, I guess a personal kind of story first. So I was a teacher within the Department of Defense Education Agency. So I taught in multiple states and also overseas.
- Kelli Douglas
Person
We modeled this, this 30 day requirement after DoDEA. So that Department of Defense education activity is also known as DoDEA. So we modeled it after DoDEA policy.
- Kelli Douglas
Person
DoDEA receives the most is the, is a school district that the Department of Defense runs that receives students coming from around the world, coming from within DoDEA schools and also from all the states and different countries. Even if they can create that kind of 30 day baseline expectation of implementation, we feel like anyone could.
- Kelli Douglas
Person
But I just wanted to say that. I also have a 25 year old son who grew up military and with special needs. And we moved from multiple schools in multiple school districts. Where we see the major difference is in definitions of what is eligible, like what disability is eligible. And so what we're asking would not negate that.
- Kelli Douglas
Person
You know, that flexibility that, that states have to have to establish their own definitions of what's eligible. But when you're talking about a student who is likely already eligible, and barring some, you know, huge difference between two states, which we have not seen yet, they're generally going to be eligible for the same services.
- Kelli Douglas
Person
But what federal law requires. Right. Is for districts to provide comparable services. So. So if North Carolina has horseback riding as a therapy and then a child's moving from North Carolina to Poway and they don't have any horses, the district has that ability to be flexible. So I hope that helps.
- Darshana Patel
Legislator
Yeah, that definitely helps. Knowing that being a child of a military family is hard enough. We have lots of friends who are part of the military families and it's just hard enough moving from state to state when your children are young. And then equally, it's so challenging on families, of course, unique opportunities as well.
- Darshana Patel
Legislator
But raising a child with disabilities is hard enough on its own. And then you put those two things together, families are just looking to have some stability. So I completely understand. I've heard it from many families in our school district over the years. My next question is maybe it's a little more philosophical and technical.
- Darshana Patel
Legislator
In all of our bills we have at the bottom, this bill would provide that if the Commission on State Mandates determines that this bill contains cost mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Darshana Patel
Legislator
The Commission on State Mandates is overwhelmed and under resourced. Do we anticipate this increasing costs?
- Al Muratsuchi
Legislator
All right. Seeing no further, committee members and the dais. Thank you very much, Assemblymember Gonzalez, for bringing this important measure. I am a product of the U.S. Department of Defense schools, having been born and raised on US Military bases overseas.
- Al Muratsuchi
Legislator
And so I certainly can also appreciate all of the seeing my friends moving every two to four years. And so I'm happy to support this measure.
- Al Muratsuchi
Legislator
I hope you will work with ACSA to address any practical concerns they have in implementing your well intentioned on this bill so that we can make sure that we execute your policy, your proposed policy responsibly. So with that, would you like to close?
- Jeff Gonzalez
Legislator
Thank you. I appreciate the time. And yes, committed to working with ACSA to make sure that we shore up any gaps in it, but most importantly, making sure that we take care of these kids. That's as you and I and all of us know that that's priority for us.
- Jeff Gonzalez
Legislator
So this bill speaks to that and we will continue to work to make sure that we do that. And I respectfully ask for an I vote.
- Darshana Patel
Legislator
Yeah, I'm happy to make the motion to move this bill, but I am looking forward to working with ACSA, with the opposition to make sure we get it right. We want to be able to implement this. Thank you.
- Al Muratsuchi
Legislator
All right, two votes. We'll keep the roll open. It's on call. Two voices here. All right, I see. Mr. Gallagher, this is the file item for reconsideration. File item number one, AB 281. So, Mr. Gallagher, you're welcome back. You are welcome to speak on the amendments only to the bill. Please proceed.
- James Gallagher
Legislator
Okay, thank you, Mr. Chairman and members appreciate the reconsideration of this bill. I've worked with the committee on amendments that I think, you know, strike the balance that we were looking for in our conversation last time on this bill.
- James Gallagher
Legislator
And essentially what it requires is that third party consultants, who are coming in to do the sexual education program, would abide by the same rules that we do for guest speakers.
- James Gallagher
Legislator
And just providing the name and the affiliation of the organization on the notice, the regular notice that goes out at the beginning of the school year or when there's 14 days out from a special event that goes out to the parents so they have knowledge of that.
- James Gallagher
Legislator
And so, I think that strikes the right balance of giving parents knowledge of the sex curriculum and who's going to be actually providing that instruction. And I did, you know, we did remove from here the right to make copies. That was something I did think was important.
- James Gallagher
Legislator
But, you know, heard from the committee that that was something you weren't willing to support today. So that language has been removed from the bill. But I do think it's important that we give that, that same notice that we are now giving for guest speakers to outside consultants that are bringing in.
- James Gallagher
Legislator
I appreciate the committee consultants who, you know, worked with us on this bill. I think we found some good language here that that works. And I'm hoping that we can have bipartisan support to, to move this forward today.
- James Gallagher
Legislator
Again, I think maybe as background I, you know, began on this journey is actually my first term and this and that bill actually made it all the way over to the senate, had bipartisan support all the way through. So, I don't think things have changed that much since that time.
- James Gallagher
Legislator
And I'm hoping that we can get this legislation passed this year. So, thank you, Mr. Chairman. And I do have with me a witness, Kelly Schenkoske. Did I say that right? I will get that right here soon.
- Kelly Schenkoske
Person
All right. Good afternoon, Chair, Vice Chair and members of the Committee. And thank you to Assemblyman Gallagher for inviting me as a witness in support of AB218. My name is Kelly Schenkoske and I am a mom of two children here in California.
- Kelly Schenkoske
Person
I am speaking in support of this bill as an endeavor to streamline some challenges that parents in the state have faced since the implementation of the CHIA law with regards to curricula, transparency, access, and 14-day advance notification.
- Kelly Schenkoske
Person
This commonsense bill enhances family engagement which schools strive to achieve as they partner with parents to ensure parents are adequately informed and involved in the process.
- Kelly Schenkoske
Person
When I had inquired of the curriculum that would be taught to comply with the CHIA and Pacific Grove Unified School District, I was provided a nine-page outline of subject matter topics that the guest speaker would cover.
- Kelly Schenkoske
Person
But I was not provided with the curricula, the slides and presentation mode, the videos to be shown, the web referral links, the activities or resources provided. Other parents have been faced with similar experiences and this bill will easily remedy that without changing any curricular content or materials.
- Kelly Schenkoske
Person
The same district did not adequately notify parents with the 14-day advance notification, and this leaves parents feeling as though they are not able to partner with their child in this lifelong learning journey.
- Kelly Schenkoske
Person
In California schools, it is common practice to provide access at the district office to math, textbooks, science, social studies, ethnic studies materials and I respectfully request your vote in support of AB 281 to enhance family engagement, parent participation and to streamline this process. Thank you.
- Al Muratsuchi
Legislator
Thank you. Any public comments in support of the bill, please come forward.
- Nicole Young
Person
Nicole Young, Placer County Chapter Chair, Moms for Liberty, as well as the Legislative Chair. We are in strong support. Transparency matters. Thank you.
- Samara Palko
Person
Samara Palko, with California Catholic Conference, and strong support.
- Gregory Burt
Person
Greg Burt, Vice President of the California Family Council, and support. Thank you.
- Seak Smith
Person
Seak Smith, founder of Mom and Dad Army, and strong support of AB 281.
- Sabrina Williams
Person
Sabrina Williams, with Mom Army: Sacramento County and Placer County, and strong support.
- Florentina Janaro
Person
Florentina De Janaro, from Yuba and Cedar County, and strong support.
- Christine Bish
Person
Christine Bish, Legislative Director for the California Parents Union, Vice President: Sacramento Republican Assembly, in strong support.
- Al Muratsuchi
Legislator
Seeing no further public comments and support. Any witnesses in opposition to the bill, please come forward. Seeing none. Any public comments in opposition to the bill, please come forward.
- Symphoni Barbee
Person
Good afternoon. Chair, Symphoni Barbee, on behalf of Planned Parenthood Affiliates of California, in opposition. Thank you.
- Al Muratsuchi
Legislator
Seeing no further public comments in opposition to the bill. Bring it back to the Committee. Any questions? Dr. Patel?
- Darshana Patel
Legislator
Hi. I appreciate your work and that you've brought this bill back with many amendments. I still have one concern. Now that it's in its current state. What does this bill do that districts currently aren't already capable of doing? What is new and different?
- James Gallagher
Legislator
Right now, the only requirement is to give notice of when the sexual education instruction will be given and if there's any guest speakers that are going to come that you give notice about the guest speaker. All this does is include in their outside third-party consultants who are going to do the construction.
- James Gallagher
Legislator
So, you also give them notice on those. Right now, they are not required to do that. And so that's what this bill would do.
- James Gallagher
Legislator
I mean, I don't know. I mean, that's one of the issues is there have been issues where parents have gone to get information that they haven't, you know, that's the story of my witness, is that they didn't get all the information.
- James Gallagher
Legislator
This just puts, and again, this is really on the outset of the notice that goes out that you would provide the name and affiliation of the third-party consultant who would be doing the instruction. So right now, that's not required. This would require that they do.
- Al Muratsuchi
Legislator
All right, Mr. Gallagher, we have had a chance to talk about this not only at the last hearing, but one on one.
- Al Muratsuchi
Legislator
And I think while I certainly appreciate your efforts to make sure that the parents have greater access to information, we have to balance that with all the demands being placed on our administrators in terms of reporting requirements. It is my understanding that the health education program does already have significant transparency and reporting requirements.
- Al Muratsuchi
Legislator
And so, taking all those considerations and trying to strike that balancing act, while again, I appreciate what you're trying to do, but I will not be able to support your measure today. But it's a non-recommendation for the committee, and so we'll see how our committee members vote on this. So, we need to wait for members for a motion and to vote on the bill, and so your bill would be placed on call.
- Al Muratsuchi
Legislator
Yes, you'll be given. I'm making sure that I get the right terminology here. So, we will take the matter under advisement and bring it up for a vote when we have more committee members here. But, Mr. Gallagher, you have the final word.
- James Gallagher
Legislator
Yeah, thank you, Mr. Chairman. And again, you know, I appreciate the work with the committee, and I think we came up with some good language here, you know, working cooperatively. That and again, I think really gets to the issue here, which is ensuring notice, you know, to the parents.
- James Gallagher
Legislator
The parents obviously can take that information and use that as they decide and then go and have conversations with the school district. There's nothing in here that, you know, does anything more or less on that part.
- James Gallagher
Legislator
It's just that, hey, if we are saying that we do need to have notice at the beginning of the school year and we do have to have notice when it's a guest speaker, the same rule should apply when you have an outside third-party consultant doing that. So that's what this would do: make that clear.
- James Gallagher
Legislator
And I think that's, you know, a good compromise that meets that need of informing parents so that they can make decisions, you know, on behalf of their kids. And so, I appreciate the work on it, and I hope that we can get the support to move this forward today. Thank you.
- Al Muratsuchi
Legislator
Thank you. All right, we will take this under consideration and move on. Next to File item number 22 AB 1005 by Assembly Member Davies.
- Laurie Davies
Legislator
All right. Good afternoon, Mr. Chair and esteemed committee members. I want to say thank you to the committee staff for working with us on this bill. We are happy to accept the committee amendments. Ladies and gentlemen, drowning is 100% preventable. Numbers don't lie.
- Laurie Davies
Legislator
The statistics clearly show unintentional drowning is the leading cause of death in children age 1 through 4 and is second in children's age 5 through 14. Drowning impact African Americans and Native American children more than any other group. With drowning rates as high as 3.6 times more than the general population.
- Laurie Davies
Legislator
For every child under 18 who dies from a drowning incident, seven more children will experience a non fatal drowning incident. Sadly, many will experience permanent brain damage as a result. These heartbreaking statistics have motivated me to pursue a statewide water safety educational policy.
- Laurie Davies
Legislator
AB 1005 will help to ensure that children and their guardians are able to receive drowning prevention education at no cost to them or their school. Drowning is an issue of equity. 79% of children in households with income less than 50,000 have little if any swimming ability.
- Laurie Davies
Legislator
The bill will establish a swim lesson voucher program for the California's underserved communities. This bill will increase access to swim lessons. With me here to testify from the California Coalition for Children's Safety and Health is their State Program Director and California's EMS Commissioner, Steve Barrow.
- Steve Barrow
Person
Thank you thank you, chair of the committee and members of the committee. I want to thank Assemblywoman Davies for taking this on. It has multiple components in this. For years, the drowning prevention community and the safety community, first responders have been working together to try to get drowning becoming more rare rather than common.
- Steve Barrow
Person
Unfortunately, it's common right now and we have since 2000 or 1991, over 13,000 Californians have drowned fatally and almost 10 times that number have had a drowning incident but have survived with a great number of those folks with permanent brain damage because of the hypoxia when you're underwater.
- Steve Barrow
Person
So this is not only a, a really dangerous, fatal issue for children, adults, but it also is an extremely costly type of unintentional injury. One brain injured child hitting a hospital and being revived and then going to a hospital can cost $5 million just in the first two weeks of care. It's an extremely expensive.
- Steve Barrow
Person
Each year in California, drowning. Drowning victims cost the state and it's not their fault. But drowning victims cost the state over 3 billion b billion dollars in hospital costs, first responder costs, follow up care costs. It's an extremely expensive type of injury that we have.
- Steve Barrow
Person
Anytime we can reduce that number and we have been working hard to reduce the number in our state. This bill will bring more. Half of our parents really don't have much of water safety or drowning prevention knowledge. This partners with the schools but brings outside resources to educate the parents.
- Steve Barrow
Person
It also unlike AB 1445, which was a bill that came before this, a Romulus Bill, this bill also will bring those resources to the students at the school, but at an age appropriate and grade appropriate way and at the school's discretion of how we, how we, we do that.
- Steve Barrow
Person
Okay. Yeah. The other components of this, developing a voucher program so low income families can access swim lessons and the swim lesson directory is incredibly important. Just hope you support the bill.
- Al Muratsuchi
Legislator
Oh, no. Okay. All right. Seeing no further witnesses in support. Any public comments in support of the bill, please come forward. Any witnesses in. Okay, please come forward.
- Christine Bish
Person
Christine Bish, California Parents Union Vice President, Sacramento Republican Assembly strongly in support as prior carrier of emt.
- Al Muratsuchi
Legislator
Thank you. Any witnesses in opposition to the bill, please come forward. Seeing none. Any public comments in opposition of the bill? Seeing none. Bring it back to the committee. Any questions or concerns? Dr. Patel?
- Darshana Patel
Legislator
Yes. Thank you for bringing this bill forward. As a district that's not too far from the beach drowning is definitely, certainly an issue that we worry about all the time. And being water safe is something that's a life skill. I do have one question regarding your bill.
- Darshana Patel
Legislator
Can you clarify for me whether this is actually establishing a voucher program or developing a plan to put a voucher program together?
- Steve Barrow
Person
Yeah. Because of the complexity of our state, what the bill does is it sets up a partnership between park and rec drowning prevention groups and then has the governor naming a specific agency. There's four or five agencies the governor could name to work in partnership to develop a plan for having a voucher program across the state.
- Steve Barrow
Person
We will take advantage, or the. That partnership should take advantage of current voucher programs. But they. They're small. They only help in a region. But it's to develop the plan and also for swim lesson directory.
- Steve Barrow
Person
So instead of just kind of saying, oh, we're going to have one, we really need to figure, okay, how are we going to do this? Our intention is to work with a lot of the national drowning prevention foundations to bring to the state the resources to be able to underwrite the voucher program.
- Darshana Patel
Legislator
Thank you for that response. I do appreciate that you're bringing folks together who are already embedded in this work to make sure that we're not being duplicative. We're being efficient in making sure we're delivering this potential program to our young people. So thank you for that.
- Laurie Davies
Legislator
Thank you. I want to thank the committee and the chair. As said before, this is something that is preventable. And I have seen, I think, probably most of us, the devastation that it puts on parents when they have a loss of a child and feeling just distressed, and how it actually affects the families as well.
- Laurie Davies
Legislator
And so I just want to say thank you so much for giving us the time. Respectfully, ask for an I vote and. And for all of you to join me in the fight to end drowning here in California. Thank you.
- Committee Secretary
Person
AB 1005. The motion is do pass as amended to appropriations.
- Al Muratsuchi
Legislator
All right, three votes. The bill is on call. Next we have file item 19, AB 908 by Mr. Solache.
- José Solache
Legislator
Good afternoon, chair and Members of the Committee. I am proud to present Assembly Bill 908 introduce in partnership with Equality California. This legislation will help California schools achieve truly supportive, inclusive and safe environments for students. I commend the Chair and Committee staff for their work and thoughtful analysis of this bill. We will be accepting Committee amendments.
- José Solache
Legislator
These amendments will remove language adding to state priority to local control and accountability plans. AB908 will now add compliance monitoring to existing requirements and education code pertaining to inclusive school instructional material and school curriculum. After the passage of the FAIR Act, California schools are required to have LGBTQ+ inclusive curriculum and textbooks.
- José Solache
Legislator
The inclusion of the LGBTQ+ community and instructional materials is linked to greater student safety of school for all students and lower rates of bullying. Adding compliance monitoring will ensure our students uphold their obligations under state law to create safe and inclusive learning environments for our students.
- José Solache
Legislator
Our students have their best chance of success when they feel represented and validated in the curriculum of our students deserve equitable, equitable opportunities to grow, thrive and succeed. We look forward to continued engagement with the Chair, my colleagues and stakeholders as we build on this policy.
- José Solache
Legislator
Here in support, I would like to introduce Craig Pulser, Legislative Director of Equality California.
- Craig Polsberg
Person
Good Afternoon, Good afternoon, Chair and Members. Craig Polsberg on behalf. Good Afternoon, Chair and Members Craig Polsberg on behalf of Equality California, proud co-sponsor of this bill and I want to thank Salamber Solace for his leadership and commitment to supporting LGBTQ students for more than a decade.
- Craig Polsberg
Person
As you know, Equality California has worked with the Legislature and many of our partners across the state to ensure that all California students have an equal opportunity to succeed. And we are very proud of the work that we have done with this Committee to establish the strongest laws in the nation to protect and support LGBTQ students.
- Craig Polsberg
Person
In many school districts these policies are working and we are extremely grateful to the teachers, administrators and other school staff who are firmly committed to creating a safe and supportive school environment for LGBTQ students. Unfortunately, one of the biggest concerns we hear from community Members is that these laws are not being uniformly implemented across the state.
- Craig Polsberg
Person
Some schools simply lack the knowledge or resources to fully implement these laws, while others face local pushback or have school school board Members that actively impede implementation. AB 908 is an important measure to help address these challenges and ensure that all local school districts are actively prioritizing the safety and well being of LGBTQ students.
- Craig Polsberg
Person
We appreciate the work of the Chair and Committee staff for working with us on this Bill, including the proposed amendments to require compliance monitoring for the FAIR act, which requires schools to have LGBTQ inclusive curriculum and textbooks.
- Craig Polsberg
Person
A Quality California Safe and Supportive Schools Survey released last year found that nearly two thirds of school districts have not yet adopted LGBTQ inclusive textbooks and instructional materials consistent with the law.
- Craig Polsberg
Person
So this additional compliance monitoring is an important step forward to ensure that local school districts comply with the FAIR act and so the LGBTQ students, students with disabilities and others can see themselves reflected and validated in school curricula.
- Craig Polsberg
Person
We also look forward to continuing to work with the chair and Committee staff as it relates to the LCAP and exploring additional ways to ensure the LGBTQ students receive the protections and support they need. So I want to again thank the Chair so Amber Solace for your commitment to this issue and respectfully urge your aye vote.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the Bill, Please come forward.
- Tristan Brown
Person
Good afternoon, Mr. Chair and Members. Tristan Brown with CFTA Union of Educators and Classified Professionals. Happy to support this bill. Urgent aye vote. Thank you.
- Symphoni Barbee
Person
Good afternoon. Chairmember Symphony Barbee, on behalf of Planned Parenthood Affiliates of California in support.
- McLane Rosanski
Person
McLane Rosanski with the Alameda County Office of Education in support.
- Elle Grant
Person
Elle grant on behalf of the California Alliance of Child and Family Services in support.
- Al Muratsuchi
Legislator
Thank you. Seeing no further public comments in support of the measure. Witnesses in opposition to the measure, please come forward.
- Jeff Vaca
Person
Thank you, Mr. Chair and Members. Jeff Vaca, representing the Riverside County Superintendent of Schools. We were opposed to the version of the bill as introduced. Our concerns were around the provisions relating to the LCAP. We thank the author for accepting the amendments that were recommended in the analysis. Thank your staff for working on those amendments.
- Jeff Vaca
Person
Once those amendments are in print and we've had a chance to review them, we anticipate being able to remove our opposition.
- McLane Rosanski
Person
Good afternoon, chairmembers. I'm Sophia Laurie, the Outreach Director at California Family Council, and we stand in opposition to AB908. This Bill will make the LGBTQ policies a state priority in every school's district's accountability plan.
- McLane Rosanski
Person
And buried in that priority is education code Section 221.5, which says boys must be allowed in girls bathrooms, locker rooms, and even on girls sports teams, all based on gender identity. Let's stop pretending this is harmless. We are talking about young girls being forced to undress next to boys with exposed male genitalia in the name of inclusion.
- McLane Rosanski
Person
We are talking about girls being pushed off the podium and off the field by males and female sports. This is not progress. This is erasure. This is injustice and this is state sanctioned misogyny. Biology is not hate and protecting girls is not bigotry.
- McLane Rosanski
Person
And no school policy, no matter how well intentioned, should ever come at the cost of safety, privacy and fairness for California girls. While our schools are spiraling, failing this, Legislature wants to add more political agendas to the priority list. California ranks near the bottom in the nation in reading and math.
- McLane Rosanski
Person
Kids can't read at grade level, but we're spending time and money, money on gender ideology. This is insanity. Our policies are upside down. We should be laser focused on academic excellence, not pushing radical social experiments onto children. Stop sacrificing truth for ideology. Stop sacrificing our girls. Your vote on AB 908 is not neutral.
- McLane Rosanski
Person
It will either protect young girls or it will directly endanger them. You are choosing between truth and deception, between courage and cowardice, between protecting our daughters or abandoning them. Say no to AB908. It's time to put kids education and girls safety, not politics first. Thank you.
- Al Muratsuchi
Legislator
Thank you. Public comments in opposition to the Bill. Please come forward.
- Derick Lennox
Person
Good afternoon. Chair Members. Derek Lennox with the California County Superintendents. We appreciate the Assembly Member taking the amendments that the Committee offered. We align our comments with the Riverside County Superintendent of Schools and really appreciate the author's attention to the issue.
- Sarah Petrowski
Person
Sarah Petrowski with the California Association of School Business Officials. We also appreciate the author accepting the amendments and once they are in print, expect that we will be able to remove our opposition as well. And thank you for your attention to this important issue.
- Aaron Friday
Person
Aaron Friday, president of our duty, mother of a daughter who used to believe that she's a boy, I oppose this bill along with Democrats for an informed Approach to Gender.
- Nicole Young
Person
Nicole Young, on behalf of all the parents in Placer County as well as the Placer County Chapter of Moms for Liberty, we strongly oppose this bill.
- Seek Smith
Person
Seek Smith, founder of Mom and Dad Army, on behalf of over a dozen chapters in California, we oppose this bill.
- Sabrina Williams
Person
Sabrina Williams, Placer county and Sac County with Mom Army and I oppose this bill.
- Florentina Janaro
Person
Florentina De Janaro with Mom Army, Yuba Sutter County of Freedom Coalition and Glad Tidings Church in Yuba City. We oppose.
- Meg Radamark
Person
Meg Madden Radamark I represent the nonpartisan group called Californians United for Sex Based Evidence in Policy and Law and Women are Real, also Nonpartisan with over 60% Democrat membership in opposition.
- David Bolog
Person
David Bolog on behalf of the Committee to Repeal 2210 Education Code 221.5 F. Thank you.
- Gregory Burt
Person
We are opposed. Greg Burt, California Family. Council, in opposition.
- Christine Bish
Person
Christine Bish, Legislative Director, California Parents Union Vice President of the Cal of the Sacramento Republican Assembly. We strongly oppose.
- Dean Broyles
Person
Dean Broyles, attorney with the National Center for Law and Policy. I strongly oppose
- Al Muratsuchi
Legislator
Seeing no further public comments in opposition to the Bill. Let's bring it back to the Committee. Any questions or concerns from the Committee, Vice Chair Hoover?
- Josh Hoover
Legislator
Sorry, just getting settled in here. Apologies. You know, just want to ask you, because I know the LCAP is already kind of a complicated mess right now. I would just say that. And so just want to ask your take on whether or not you feel like.
- Josh Hoover
Legislator
You feel like this simplifies that or kind of what precedent this might set for kind of future changes to El Cap.
- José Solache
Legislator
Thank you, Mr. Hoover. As a fellow former school board Member, yourself and myself, this Bill literally is just a change. And to add the LGBTQ + addition to the fair plan where already exists, it does not do anything that, you know, was said in some of the opposition comments. A very simple, straightforward change.
- José Solache
Legislator
After all the amendments we made, it does not involve some of the other original items that we had in the Bill. So we've amended the Bill to, you know, clarify some of the things that folks were concerned about, including our superintendents from Riverside and some of the concerns. So now it's a very straightforward language addition. And. And that's the difference in the. In the current language.
- Al Muratsuchi
Legislator
And just for clarification, for the Committee's benefit with the author's amendments, this Bill has nothing to do with the L corrected for the record. Correct. All right. Any further comments or questions, motions made, so seconded, seeing no further comments from the Committee. Thank you very much,
- Al Muratsuchi
Legislator
Mr. Solace, for always speaking up on behalf of all students, including our LGBTQ students, I strongly believe that the mission of our public schools is to support and to protect all students.
- Al Muratsuchi
Legislator
And while, you know, we continue to live in divisive times where some of our most vulnerable students are targeted for attack, I think we need to make sure that we are supporting and accommodating and protecting all students. And so I'm happy to support your measure. Would you like to close?
- José Solache
Legislator
Thank you, Mr. Chair. And to the Committee Members, again, I want to super highlight that this is, after all the amendments, it's a very straightforward addition change. I respect the position's comments and the folks that I supported.
- José Solache
Legislator
You know, as a proud person that grew up Catholic in my household, I was brought up to teach and to share humanity and love for one another. I will do that for every single student in California, regardless of how she or he identifies, so we can make a safe space for every single student, regardless of their identity.
- José Solache
Legislator
We're going to keep doing that in California. And for someone that served 10 years on the school board, ensuring that all students have a voice, we want to make sure we offer more love and less hate. So with that, I support and ask for your support on this Bill. And I know. Thank you.
- Al Muratsuchi
Legislator
Thank you. Motion has been made and seconded. Madam Secretary, please call the roll.
- Al Muratsuchi
Legislator
The vote is 5 to 2. The Bill we will add allow Members to add on to the vote. Next in signing order. Thank you very much. Next in signing order, we have File item number 30, Mr. Patterson, AB 1401.
- Joe Patterson
Legislator
Great. Thank you, Mr. Chair. Vice Chair Members appreciate the opportunity today to present AB 1401, a Bill to reaffirm a parent's existing rights to their students records. As a dad of four kids, and by the way, that's why I'm late to session every Thursday morning, I drop them off at school.
- Joe Patterson
Legislator
I know how vital it is for parents to have the tools and information they need to support their children. For decades, studies have shown that increased parental involvement is directly related to increased student achievement.
- Joe Patterson
Legislator
A literature review published earlier this year that synthesized the results of 25 other studies found that parental involvement in education plays a crucial role in fostering cognitive and academic development in children. This claim is widely accepted and not really debated. However, there's a growing concern that there are records being kept from parents.
- Joe Patterson
Legislator
And school districts continue to reach out with unanswered questions about what kind of information they can provide parents. In an effort to create a level of trust, it is imperative that the state Legislature clarify existing law and affirm that parents have access to all records, official and unofficial, unless explicitly exempt in state or federal law.
- Joe Patterson
Legislator
It has become common practice for schools to not store unofficial records in a student's cumulative file. Thus in many cases preventing a parent from having access. The state law extend only to information in cumulative file.
- Joe Patterson
Legislator
Or is it more expansive, including for instance a survey submitted in class or student information shared with a third party vendor or information even available during a public records request. Just last year this Committee worked with me to pass a Bill out of this Committee which was later signed by law.
- Joe Patterson
Legislator
So I appreciate the work on that to protect our students personal information and give them more control to ensure parents can request or adult now Adult children request a deletion of private student information being held by third party vendors.
- Joe Patterson
Legislator
But if parents are unaware of what information is being shared and stored, how can they possibly know to request a deletion of it? It is important to note that this Bill does not affect current protections on student data such as teachers sole possession records or the medical information of an independent provider.
- Joe Patterson
Legislator
This is an opportunity for the state Legislature to reaffirm their commitment to parents and parental involvement and to clear up any misconceptions regarding parent access to school records. Today I have with me Jessica Spade, an elected school board Member in my district and mother of.
- Joe Patterson
Legislator
She one uped me a mother of five as the main witness to testify in support of this Bill.
- Jessica Spade
Person
Thank you. Good afternoon, Mr. Chair and Members. Delighted to be sharing my thoughts with two former school board Members as well. I'd first like to thank Assembly man Joe Patterson for introducing AB 1401 and this Committee for hearing this important Bill.
- Jessica Spade
Person
Bill I am an elected school board Member in Assembly men's district and the current board President, an elected California School Board Association's delegate, Assembly Member. Deep breath. And a recently elected Member of Placer County School Boards Association Executive Committee. Now we can get into why I'm really here.
- Jessica Spade
Person
But more importantly, I am here speaking as a mother of five children, one of whom's with me now in the audience on spring break. I'm sure he's thrilled. I know firsthand the confusion that both parents and school districts have experienced regarding parent access to their children's records.
- Jessica Spade
Person
A growing concern regarding the information parents have access to has created significant pressure on school districts. Just look at the alarming trend of loss of enrollment in public education in California. It's critical that both legislation, the Legislature reaffirm their commitment to parents. Both parents and and districts need clarity on what records should be shared with parents.
- Jessica Spade
Person
As a school board Member, I know that we cannot educate students without the help of the parents. I believe this is not unique. Every school board Member and teacher I know wants parents to be involved to ensure the success of their children. There's no question in that.
- Jessica Spade
Person
Official records on file in a student's cumulative file, such as transcripts, attendance, birth certificate, etc, have been widely shared with parents without concern. Parents typically have easy access to their student's file via online portals like Aries.
- Jessica Spade
Person
However, it has become common practice for schools not to include unofficial records in a student's cumulative file, thus creating an area of ambiguity in what can and should be shared with parents. Examples of such unofficial records are surveys given in a classroom, demographics collected and shared, particularly about a student's home life.
- Jessica Spade
Person
What student information is being shared with third party vendors, lists of online services and apps Students have access to at school, just to name a few. This Bill reaffirms the importance of parent involvement and provides a simple clarification that parents have access to all records, both official and unofficial, unless exempt by the state or federal law. Thank you.
- Al Muratsuchi
Legislator
Thank you. You timed that almost perfectly. See no further witnesses in support of the measure. Any public comments in support of the measure, please come.
- Nicole Young
Person
Nicole Young, Placer County Chapter Chair, Moms for Liberty, as well as our Legislative Chair for our legislative group in California, in strong support.
- Samara Palko
Person
Samara Palko with the California Catholic Conference in strong support.
- Dean Broyles
Person
Greg Burt, Vice President of the California Family Council in strong support.
- Sabrina Williams
Person
Sabrina Williams, with Placer and Sacramento County with Mom Army in strong support.
- Florentina Janaro
Person
Florentina De Janaro with Mom Army in Yuba and Sutter County. Three children in public school in support.
- Christine Bish
Person
Christine Bish, Legislative Director for the California Parents Union Vice President of the Sacramento Republican Assembly in strong support.
- Al Muratsuchi
Legislator
Seeing no further public comments in support of the measure. Any witnesses in opposition to this Bill, please come forward.
- Lucy Carter
Person
Good afternoon. Lucy Salcedo Carter with the Alameda County Office of Education. We are taking an opposed position on this Bill because we don't have a definition of unofficial documents.
- Lucy Carter
Person
Even with the abiding by the federal restrictions, that leaves a world of possible documents that our administration and staff who really need to be tending to our students, would have to be tending to access to these records.
- Lucy Carter
Person
In addition, we're concerned about things like student journal entries, very personal information that could lead to exposing vulnerable students in ways and actually touch upon some of the FERPA protections, you know, maybe unintentionally, but still could really make that information available in a way that could be harmful for the students.
- Lucy Carter
Person
The relationship between educators and students is, is really one of trust and we want to make sure that that stays strong. It's. It's good for our students. Thank you.
- Tristan Brown
Person
Thank you, Mr. Chair and Members. Tristan Brown with the CFT. Actually, a lot of what the lead witness in support spoke resonated with us in terms of student privacy and the sharing of information in this digital age, which is why we actually are pursuing legislation elsewhere to tackle that problem.
- Tristan Brown
Person
But we do also agree with the county, Alameda County Office of Education on the scope of what might be included in this Bill.
- Tristan Brown
Person
We are unsure at what would be included from the littlest scribble of a note that a teacher might have about a student to revisit later and what lack of context that would have and what that might mean for the parent-teacher relationship.
- Tristan Brown
Person
We hope that every parent and teacher can form a strong partnership for the best intentions of their students and work together to meet any challenges that arise. Flooding a record with discovery of unknown notes and scribbles and data does not seem to shed more light on that, does not seem to help that partnership.
- Tristan Brown
Person
Rather than face to face dialogue being able to discuss the students needs and work together. So we would appreciate a slightly different approach with a more defined set of guidelines to know what to share, how to share it, and work together with parents for the best interest of the students.
- Tristan Brown
Person
So for those reasons, and apologies if our letter is late on this, but we did have big concerns with the lack of definition and therefore oppose.
- Al Muratsuchi
Legislator
Thank you. Public comments in opposition of the Bill. Please come forward.
- Sarah Petrowski
Person
Sarah Petrowski, on behalf of the California Association of School Business Officials, apologies for not getting a letter in, but we are in opposition. Thank you.
- Al Muratsuchi
Legislator
Thank you. See no further public comments in opposition to the Bill. Bring it back to the Committee. Any questions? Vice Chair.
- Josh Hoover
Legislator
Just for the opposition, did you offer the author a potential definition that you'd be comfortable with.
- Lucy Carter
Person
We engaged in conversation with the office and asked if they had some ideas about a definition, and some ideas were bantered about, but we did not land on anything. And would I be curious to hear if they do land on a definition.
- Tristan Brown
Person
We've had significant capacity issues and have been unable to sit down and talk about it yet.
- Josh Hoover
Legislator
Okay. I mean, is there any. I mean, is it your understanding that there are unofficial school records, that they exist.
- Lucy Carter
Person
Without a definition it's very difficult to say. I mean, there are written documents that exist, but we don't know whether they're in the office. We don't know where they are and who has possession of them. Especially without a definition, frankly.
- Tristan Brown
Person
We'd share that concept that a note home might be now a part of a record. And what does that mean? And what does that mean for safekeeping of that record?
- Tristan Brown
Person
A message in an online application to a parent may now be a record of something, and that might change the context of what's shared and how often and things like that. So it is quite still vague to know what to do with it.
- Josh Hoover
Legislator
So I guess my last question for the opposition would just be where do you think we should draw the line as a state between what parents have access to and what they don't have access to?
- Tristan Brown
Person
I'm not sure we could say there is a line, but there is a, I think a nexus what with Gardwi was speaking to earlier that parents and teachers should be working together in collaboration and having strong communication. Does that mean that there's a record created in that communication? Perhaps that is unnecessary.
- Tristan Brown
Person
And obviously you are communicating with a parent, so who else really wants to look under that hood? So I think we would be more than happy to entertain dialogue on how we could foster better interactions between parents and teachers to work together.
- Tristan Brown
Person
Obviously, once a semester, student-parent-teacher conference might not be hitting it out of the park. So not a line, but I think a vague nexus of where we could improve.
- Lucy Carter
Person
And we too would welcome engagement in that kind of conversation. We really support parental access to information. So I think, you know, we have some common starting, starting points to work from.
- Josh Hoover
Legislator
Thank you. I think for the author, you know, appreciate you bringing this Bill forward. What, what do you. What is your kind of. Are you open to working on a definition, kind of to further refining this and what is kind of your thoughts on what, what sort of information that we'd like to provide parents?
- Joe Patterson
Legislator
Well, you know, I mean, I have four children, you know, when I was a little kid, I'm still little, but not a kid.
- Joe Patterson
Legislator
You know, my mom used to always tell me, like, nothing you do is private, you know, and, you know, not, not to say that I. I do kind of subscribe to that philosophy personally, but that's not what I'm trying to do, you know, on this Bill.
- Joe Patterson
Legislator
But what's crazy, sometimes you introduce bills and you don't really understand, you know, what all the impact is going to be maybe more times than others.
- Joe Patterson
Legislator
But just last week, I received a, a survey from my child's teacher, and, and it said, hey, look, this is to connect with some stuff that, you know, we're learning in, in class and for more information, and I think it would be really great. And for more information, click on this link. And so I clicked on the link.
- Joe Patterson
Legislator
And essentially, I mean, just to top lines here, my kid was going to be a guinea pig of some kind of survey, and some data was going to be kept on whatever was observed by these observers.
- Joe Patterson
Legislator
And so I asked them, I said, well, how do I get access to what, are you going to be collecting specific information tied to my child? Because I did the Bill just last year that passed out of here unanimously that would give me the authority to delete that information when I left the district.
- Joe Patterson
Legislator
And so I said, what kind of information are you going to be collecting on my child? And poor teacher, by the way, like, she shouldn't have to put up with these. She, she frankly couldn't, wasn't really in a position to be able to answer that question.
- Joe Patterson
Legislator
She went back, you know, to the Administration and said, hey, look, we'll find another activity for your child to participate in. And what that really signaled to me is that I don't think our system is really. There are a lot of surveys going on in our schools. Parents don't even necessarily know about them.
- Joe Patterson
Legislator
I just happen to click on it. And the school itself couldn't really identify what kind of data was going to be obtained because if it was kind of just macro data on, hey, we observed kids looking at flowers today. Okay, fine, whatever. You know what I mean?
- Joe Patterson
Legislator
But hey, no, we saw so and so Patterson, you know, doing this and reacting this way. I'd want to know that. That's really important for me to know how my son is reacting to various inputs he's receiving as part of this activity.
- Joe Patterson
Legislator
So, but to just one last point I want to say on that is I would love for somebody to come to me and say, what kind of information should be excluded from parents to actually define that rather than, hey, well, we're willing to work with the parents. What I do know is that there's law.
- Joe Patterson
Legislator
There are laws on the books right now that exclude certain types of information, including teachers, notes within their sole possession, things like that that are excluded from being disclosed. There are current laws on the books that exclude certain information. And my law doesn't change or my proposal doesn't change any of that. And so we're just clarifying.
- Joe Patterson
Legislator
And one last thing. Sorry, I don't want to burden the schools, but we do public records requests into the school district, as you know, and volumes of information get sent to the public, but the parent doesn't have access to that unless they themselves put in a public records request.
- Josh Hoover
Legislator
Thank you. You know, I. I do think that is a good point that you're raising to me. I always say we should err on sharing more with parents, not less. And my concern with, you know, opposing a Bill like this would be that, you know, what are we trying to hide from parents?
- Josh Hoover
Legislator
Now, obviously, I don't think the opposition is trying to hide anything from parents, but I think that it would be better to work in good faith to figure out where that line should be drawn.
- Josh Hoover
Legislator
And at the end of the day, I can assure you there are things that we probably don't see or don't have access to that we should. And, you know, I actually agree with the opposition that we, unless there was some sort of mental health crisis or something, you know, some medical seriousness, that we're not trying to open up student records and student privacy issues with, like, personal journals and things like that.
- Josh Hoover
Legislator
But anything that the school is producing, whether it's a survey, whether it's notes, whether it's, you know, some sort of, you know, document that the school is producing about your child, absolutely parents should have access to that. And so I appreciate you bringing the Bill forward and happy to support it today. And I'll move the Bill. Thank you.
- Josh Lowenthal
Legislator
Yeah. First of all, I want to. I want to thank my colleague from. Mr. Hoover. Where are you from? From Sacramento. Folsom. Folsom. You know, I have worked with the author and with Mr. Hoover on very critical, important legislation protecting children. And I know what's in their hearts.
- Josh Lowenthal
Legislator
And what I feel the most that's happening in a Bill like this is an intense level of mistrust across the aisle, which is really the root of what we need to get to here, because what we're talking about is legislating against bad parenting as opposed to good parenting, because of course, good parenting, there's this deep collaboration with our schools and our districts and there is trust because it is a village.
- Josh Lowenthal
Legislator
And that village is so critically important in our kids development and our broader economy and all of those things. I don't disagree with anything my colleague from Folsom brought forward. And I believe in parental rights. I also share in a bit of the mistrust. I need to be, you know, I need to be open about that.
- Josh Lowenthal
Legislator
When I see so much hard fought rights, especially by those in the LGBTQ community have fought for and worked so hard for, that I align myself with and I believe in those rights.
- Josh Lowenthal
Legislator
And so what I would like to figure out with a Bill like this, because I know how you're wired and I know that you're really trying to make the system better for everybody. And this doesn't, you know, this may not just be about the issues around our Trans community, about LGBTQ community.
- Josh Lowenthal
Legislator
This could be about mental health issues, issues around discipline, around bullying, around gang activity and otherwise that should concern all of us, where we should have a village approach whenever we can to the benefit not just of those students and that family, but for everybody on that campus whenever possible.
- Josh Lowenthal
Legislator
So I want to ask you an open question. What is in your heart as it relates to this Bill? Why are you bringing this Bill forward? Where is the pain? Where, where is the genesis of this Bill and what is it trying to solve precisely?
- Joe Patterson
Legislator
You know, this has been, just going back to legislation that I like because of. I'll just, I don't know, maybe, hopefully nobody's listening. But if you look back at a lot of the issues that we've worked on together, I mean and I see it happening to my kids right now.
- Joe Patterson
Legislator
You know, when you see social media and you see, you know, the kids in, in the way they interact with each other and things go sideways, I mean, there are externalities that it is hard for us to really know what's going on in our child's lives. And that's when they're home.
- Joe Patterson
Legislator
Which, by the way, is a smaller. Or, sorry, that's when they're. Yeah, that's when they're home, which is a smaller percentage of time that they're actually spending at school.
- Joe Patterson
Legislator
And so for me, when I look at, you know, the animosity or the division that's happened in our state over who's best to care for a child, and I think I don't want to put words in your mouth. I think we probably. I'm the best person in the world to take care of my child.
- Josh Lowenthal
Legislator
You're a good parent. Again, we're legislating against bad parenting.
- Joe Patterson
Legislator
Yes, and that was a great point. You know, but it's hard to look at my Bill in the plain language of the law with all the distrust going on and just not look at it for what it's, what the face is. If the concern is, hey, look, this is overly burdensome, that's something we can work on together.
- Joe Patterson
Legislator
Let's talk about how we make this less burdensome. If the concern is this might fly in the face of some existing law that's already on the booksm my Bill doesn't address, my Bill doesn't, doesn't supersede other laws that are on the books. I don't take them off. The Legislature's made determinations.
- Joe Patterson
Legislator
Yeah. And, you know, and you and I were on different sides of recent votes on that matter, but there's so many other issues that are creating divides in community.
- Joe Patterson
Legislator
Actually, when I was sitting down with Ms. Spade in my office and we were just kind of talking about some of the things that were going on, I mean, I was actually shocked to learn that there, there are applications out there that track whether a kid went to this dance or whether his, you know, they got three stars at school today, you know, things like that, to know how they're behaving at school.
- Josh Lowenthal
Legislator
If I could jump in, I, I. On the issue of apps, what apps students are using, what tech, they're using their digital footprint while they're at school. I absolutely think that's critically important for parents to have that information.
- Josh Lowenthal
Legislator
And I want to underscore what my friend, the opposition witness from Alameda stated and my other friend from CFT, which is, you know, what we're suffering from in having this debate right now is a lack of definition.
- Josh Lowenthal
Legislator
And it's troubling because you and I are aligning on concepts, but we're voting on creating law which relies upon specific definitions that, you know, are amorphous right now. So I don't think that your goals and what I'm hearing from you, that's in your heart and the concerns that you have are necessarily bad things.
- Josh Lowenthal
Legislator
And certainly if you're not trying to usurp existing law that's been worked on for so long. And I want to. I always, you know, you're a wonderful Legislator and I believe in things you're saying there. I'm concerned that with a lack of definitions that are have right now, it's going to lead to more confusion and more distrust.
- Josh Lowenthal
Legislator
And so I encourage you on the other side of this, however the vote turns out, that you work hard on that topic, on clearly defining what those things are and what they aren't.
- Josh Lowenthal
Legislator
So we eliminate the distrust and we can talk apples to apples on exactly what this Bill would do and what it wouldn't do or a future version of the Bill.
- David Alvarez
Legislator
Thank you. As a parent, I've said it many times in this Committee, I want to have access to the information that my child, my children are receiving at school. So I think I have some sympathy for that as I learn about the way this works. We are working every day on stuff.
- David Alvarez
Legislator
And yesterday night, as I was reviewing all this, the question that came up was very specific as to what are the examples, what is the information that is not being received.
- David Alvarez
Legislator
As a parent, I'd like to know what is out there that is potentially damaging information or important information that I consider important that I like to have access to. I feel that I currently don't have access to the information that I would like to have access to in order to understand what my children are doing.
- David Alvarez
Legislator
That doesn't mean that that information doesn't exist. I will acknowledge that. But I think we've attempted through our offices to try and get specific examples on that. And I don't think those have been able to be produced. And so I am concerned about that. Even prior to the testimony in the hearing, what exactly are we talking about?
- David Alvarez
Legislator
Um, so I would encourage that we. That you spend some time on that. I'd also like to ask, because you raise an important point, PRAs. You mentioned PRAs. People have access to information that parents, unless they PRA, would not.
- David Alvarez
Legislator
You know, whether or not when a Public Records Act request comes to a school and there's personal identifiable information for children, is that released?
- Joe Patterson
Legislator
You know, it's interesting you say that. I can name at least one example where that was released. Now, whether or not, I can, and whether or not that was lawful or not is obviously debatable.
- Joe Patterson
Legislator
But as you can see from, I'm a former City Council Member, local governments have dealt with for years, including school boards, ambiguities surrounding what is a record that should be provided. And this is no different than that, is that there's.
- Joe Patterson
Legislator
I acknowledge there's going to be some ambiguity in there. But they do with public records requests they make those determinations for the public. But what about the parents?
- David Alvarez
Legislator
But I don't believe there's ambiguity on personal identifying information of a minor.
- David Alvarez
Legislator
I just raised that because you were using that as an argument which could be very persuasive. Oh gosh, if somebody else can get access to the information, why can't me as a parent do that? And I just want to make sure that that's factually not what occurs.
- David Alvarez
Legislator
And so again, I'm interested in what information is being collected and being very specific about that is. And what information do you believe based on examples is critical enough to reach a threshold that it should be made available?
- David Alvarez
Legislator
Because if it's not made available, I would assume that then there would be lawsuits and then there would be exposures to a school district who doesn't provide a particular record that maybe someone thought it was just a teacher note, if we want to use as an example that maybe a teacher just assumed was a normal thing, a normal exchange of communication.
- David Alvarez
Legislator
But it wasn't produced as required by this potential law and therefore the exposure to the school districts. I think that's why it's critical to not be ambiguous about what information we want to delineate as wanting to have access to.
- David Alvarez
Legislator
And again, reasoning what is being collected. What, what do you feel is being collected by schools and kept in students' files that we think should be available.
- David Alvarez
Legislator
I agree, if it's any, any utilization of technology and applications, I kind of feel like I get notifications on that already from their schools. But if, if that's what is exposing kids, then I'm interested in hearing about that.
- David Alvarez
Legislator
But sort of a blanket, again, I'll call it ambiguous, really lack of definition makes it really hard to say this is exactly what we're going to accomplish by this law. So I have, I have difficulties with that.
- Unidentified Speaker
Person
Yeah. So recently there was, there was a PRA that went through our county and information was released. That information was shared with another local school board member when they identified that their city was easily identifiable with an address, with student name, with student medical information on accident.
- Unidentified Speaker
Person
Immediately upon receiving that information, they let the party who released that information know that private information was released. That information was only received because it was in there within that student record.
- Unidentified Speaker
Person
And if the parent realized that there was a chance for a lapse to be able to remove some of that information, that information wouldn't have been shared with the public. But it was.
- Unidentified Speaker
Person
And I think that you know, regarding the ambiguity at Code 49061 states that any item of information directly related to an identifiable pupil, other than directory information, obtained by the school district and required to be maintained by an employee in the performance of their record is a document, it's part of their record.
- Unidentified Speaker
Person
But there are, there is information that we don't have access to through Aeries or elsewhere. And when we talk about providing transparency, I think the, the issue here with ambiguity is there are different.
- Unidentified Speaker
Person
We need to clear up common practices throughout the districts across State of the State of California and misconceptions and I, and I agree with Assemblyman Hoover that you know, in, in chances where there's. Should we share the information or not?
- Unidentified Speaker
Person
Unless it's exempt by current law which exists to protect students specific student information that we should err on the side of transparency and providing that information to parents as elected officials. I don't feel it's appropriate for me to decide what another parent should have or not have outside of what the bounds that we have through our law.
- David Alvarez
Legislator
So is it your opinion that every item that a student produces work wise in the classroom would be required to be produced to a parent?
- Unidentified Speaker
Person
That's not certainly not what I believe the spirit of this is in my interpretation. But anything that the district is maintaining on behalf of my student and they're not keeping every piece of paper. And as you had mentioned earlier about the notes that's already identified in law that that's not a part of a required student file.
- David Alvarez
Legislator
Yeah. I think the problem is we can't base it on the spirit. I think we need to be more concise as to what exactly we're talking about. Not just that the intent is or the spirit of, but we're writing law and we can define those. And if you're able to do that, I'm willing to consider revisiting this.
- Al Muratsuchi
Legislator
Thank you. Any further comments or questions from the Committee? All right.
- Al Muratsuchi
Legislator
I, Mr. Patterson, I, as a parent, as a fellow parent, I appreciate what you're trying to do, but I would agree, I would just not without repeating my colleagues comments just echo what they're saying that you know, we have the federal law FERPA that provides and specifies and clarifies what records parents have access to and we can't just have an open ended, you know, unofficial records exception.
- Al Muratsuchi
Legislator
And so for that reason I cannot support your Bill today. But you get the final word.
- Joe Patterson
Legislator
Great. Well, thank you Mr. Chair and Members. I appreciated the discussion around this and you know, fortunately, in the great State of California, we have a track record of, of providing information that maybe some people might say is very broad.
- Joe Patterson
Legislator
And I again referenced the California Public Records Act only because I remember one time we got a public record request in my city that said, this is a request for all records. And a reasonable person would probably say, that's too many records. So those weren't produced in such a manner.
- Joe Patterson
Legislator
And I don't look at this as too much different yet nobody has been able to identify for me what records people should not have access to. I mean, just philosophically, if I go and ask my son's teacher for what they're going to be learning in school and what, but mostly, what information are you going to be holding from my child by this third party, I, I should be able to access that.
- Joe Patterson
Legislator
Unless it's excluded by law I just philosophically believe that I should have access to that. And I think it should be more about the law should say you can't have access to certain information if that's the way the Legislature wants to go.
- Joe Patterson
Legislator
But I think we should err on the side of make it unambiguous that parents get access to those records. Unless some other law says you can't, you can't have it.
- Joe Patterson
Legislator
So, unfortunately, you know the opposition, which, you know, I appreciate the conversation. I know them and my staff had a lot of conversation about it. Nobody's been able to identify what information should be kept from parents. And until that time, we're not going to be able to come to resolution.
- Joe Patterson
Legislator
But I'm always interested in that conversation and somebody identifying what should be kept from parents so we can have that conversation. But until that time, this is a Bill we have, and I respectfully ask for your aye vote.
- Committee Secretary
Person
File item 30. AB 1401. The motion is do pass to Privacy Committee.
- Al Muratsuchi
Legislator
Two to three. The Bill is on call. All right, we're going to. Before we proceed with Mr. Mark Gonzalez, we are going to take the. Or entertain a motion on the file item number one. A motion's been made. This is file item number one for reconsideration. AB 281 by Mr. Gallagher. Is there a second? Okay. Madam Secretary, this is. Yes.
- Al Muratsuchi
Legislator
The vote is three to three. The bill is on call. All right. Welcome, Mr. Gonzalez. This is File Item Number 14: AB 727.
- Mark Gonzalez
Legislator
Good afternoon. Thank you, Mr. Chair. First, I want to express my gratitude to the chair and to the committee staff for their work on AB 727. I also acknowledge and accept the committee amendments. As hate and discrimination rise across the nation, LGBTQ + youth have now become a target of the Federal Administration.
- Mark Gonzalez
Legislator
Our community, especially our youth, are being exploited by political opportunists more focused on gaining media attention and social media clout than on representing their constituents and addressing real issues. AB 727 is a bill rooted in urgency. We are confronting a growing mental health crisis among LGBTQ + youth across our state.
- Mark Gonzalez
Legislator
Schools should be a safe place for children to learn, build friendships, and develop a sense of belonging. Unfortunately, the reality is stark. Our schools are the third most common location where LGBTQ plus youth experience hate crimes, bullying, incidents, and so much more than doubling more between 2018 and 2022, according to the FBI.
- Mark Gonzalez
Legislator
A study by the Trevor Project found that among 18,000 LGBTQ plus young people ages 13 to 24 surveyed nationwide, 39% seriously considered attempting suicide in the past year, and 12% attempted suicide. That means thousands of children have actively attempted suicide because they felt they had nowhere else to turn. We recognize that more must be done.
- Mark Gonzalez
Legislator
This bill is a small but necessary step toward providing critical resources to students by including the Trevor Project suicide hotline on the back of student ID cards. Before I turn it over to my witness--my witnesses, excuse me--I want to acknowledge the amendments that are taken.
- Mark Gonzalez
Legislator
While private schools are now exempt from the bill, I strongly encourage them to ensure that their LGBTQ + students receive the support that they need and that they receive the support now. My primary witness in support with us today this afternoon to highlight the impact of this bill is Eve Banis--excuse me.
- Mark Gonzalez
Legislator
And she's the--is the Sacramento LGBTQ Plus Community Center's Advocacy and Training Lead, and Bridget McCarthy, American Foundation for Suicide Prevention, who is here with us now to share a personal story about her son. But we'll kick it off with Eve.
- Eve Banis
Person
Thank you, Assembly Member, and good afternoon, Mr. Chair and members. My name is Eve Banis with the Sacramento LGBT Community Center, proud co-sponsor of AB 727. I'm here today to speak in support of this simple bill that will help save the lives of our most marginalized youth.
- Eve Banis
Person
The Center works to create a region where all LGBTQ plus people thrive. We support health and wellness, advocate for equity and justice, and work to uplift our diverse and culturally rich LGBTQ community. At the Center, we are a trusted resource for LGBTQ plus youth seeking mental health support, and we often hear stories about the harassment youth experience in schools and the lack of affirming resources available to them.
- Eve Banis
Person
Harassment and discrimination make it difficult for children to feel a sense of belonging at school. This negatively impacts their ability to thrive both personally and academically.
- Eve Banis
Person
In 2024, the Trevor Project found that 39% of LGBTQ plus youth and a staggering 46% of transgender youth seriously considered suicide. I'll repeat that: nearly half of trans youth seriously considered suicide in the last year. Despite this, LGBTQ plus students still lack access to suicide prevention resources specific to their unique experiences and needs.
- Eve Banis
Person
This bill will help fill these gaps by adding the Trevor Project's hotline to the back of student ID cards. Suicide hotlines are a trusted and effective strategy to help prevent youth suicide and increase mental health resource availability, and by adding an LGBT-specific hotline, we ensure that our most vulnerable students have an easily accessible resource to support them during a crisis because that is the purpose of this bill: preventing youth suicide. It's really that simple.
- Eve Banis
Person
We ask that you stand with LGBT youth today and advance this life-saving suicide prevention legislation. In the face of so much hate and violence, these young people need your support. Thank you.
- Bridget McCarthy
Person
Good afternoon, Mr. Chair, and thank you so much for having me. My name is Bridget McCarthy from the American Foundation of Suicide Prevention, the Greater Los Angeles and Central Coast Chapter, and I'm here because my amazing son, Riley Chart, died by suicide in September 2020. He died in his bedroom less than two weeks after his 16th birthday.
- Bridget McCarthy
Person
His birthday balloons were still up in his room. Immediately after, I started two memorials to spread the word, one with the American Foundation of Suicide Prevention, which is the nation's number one public funder of suicide prevention research, and one with the Trevor Project, which is the nation's number one resource for LGBTQ kids, like my Riley.
- Bridget McCarthy
Person
Suicide is a huge cause of risk among young people, and I believe that AB 727, as introduced by Assembly Member Mark Gonzales, offers vital help. After Riley died, we discovered that while in crisis, he had texted a friend. The friend did not reply.
- Bridget McCarthy
Person
Despite extensive therapy, visits to doctors, hospitals, Riley did not have a single suicide hotline in his phone, but being a proud member of the LGBTQ plus community, I believe sincerely he would have reached out. I believe he would have phoned the Trevor Project number because they would understand his pain.
- Bridget McCarthy
Person
The Trevor Project knows exactly how to support LGBTQ people in crisis, and giving that space between the suicidal feeling and the action is crucial because the suicidal feeling wanes in mere minutes sometimes. When I found Riley just a few minutes too late, the last text to a friend for help was just 15 minutes earlier.
- Bridget McCarthy
Person
My son was reaching out for help, but no one to reach out to, and that especially breaks my heart. I have no agenda in this at all. This to me is a public health issue. My child's suffering was absolutely real and I want to stop another parent from the worst kind of grief imaginable. There is nothing that prepares you for losing a child. Please pass this bill. I believe from the bottom of my heart that it will save lives like my Riley. Thank you.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the measure, please come forward.
- Tristan Brown
Person
Mr. Chair and members, Tristan Brown of CFT. Happy to support this bill.
- John Wenger
Person
Mr. Chair and members, John Wenger, on behalf of the California Charter School Association, also in support.
- Pamela Gibbs
Person
Pamela Gibbs, representing the Los Angeles County Office of Education, in support of the bill.
- Maclean Rozansky
Person
Maclean Rozansky with the Alameda County Office of Education, in support.
- Elle Grant
Person
Elle Grant, on behalf of the California Alliance of Child and Family Services, in support.
- Katherine Squire
Person
Katherine Squire, on behalf of the California Commission on the Status of Women and Girls, in support.
- Skye Tooley
Person
Skye Tooley, they/them, fifth grade teacher in Los Angeles. I support.
- Tony Ayala
Person
Tony Ayala, Faculty of Child Development and Family Studies, in strong support.
- Al Muratsuchi
Legislator
Seeing no further public comments in support, witnesses in opposition, you have two witnesses.
- Tiaf Casey
Person
Good afternoon, respected members, Mr. Chairman. My name is Dr. Tiaf Casey, and I served on the Democratic Party previously as a delegate as well as a member of the Executive Board of the San Marino Democratic Party. However, I left due to some of the ultra-left ideology that was being promoted.
- Tiaf Casey
Person
And regarding to the Trevor Project, I like to inform you that on behalf of the Muslim community, I write and express my deep concerns and strong opposition to Bill 727 because if you were to go inside and look through what's being promoted, you know, it's completely unacceptable.
- Tiaf Casey
Person
Promotion of a child separating from his parents and choosing a whole new family, these are routes that do not reflect any of the Muslim community. While with her Riley, we support and address mental health as a very important matter to prevent the youth suicide, we are deeply concerned that the proposed AB 727 undermine the religious liberty, parental rights, and the identity of the faith-based communities.
- Tiaf Casey
Person
Mandating an inclusion of the Trevor Project connect information on every student's ID card imposes a single ideological approach on a diverse and multi-faith student population by exposing the student to an array of identities that are not aligned with our religious beliefs. To us, God created man and woman.
- Tiaf Casey
Person
To have someone stealing our children and undermine our religious belief is very unacceptable. The fact that an adult talking to our children without being consented, without being a parent present, is not acceptable.
- Tiaf Casey
Person
As a physician, I can tell you we cannot even treat a child without a family member, an adult who's going to consent on them, yet somebody else can have our child completely steered away from what the family believes in just because the person on the opposite side is steering their children the way they want to.
- Tiaf Casey
Person
The Trevor Project, through presenting the suicide prevention resources, promotes content and values that contradict Islamic teaching and in fact teaching of all Abrahamic religions on gender, sexuality, and identity. It is not aligned in beliefs of the Muslim communities as well as those of the Christians and Jews who believe in the Abrahamic religions.
- Tiaf Casey
Person
Muslim parents, like all parents, have the right and responsibility to guide their children to moral spiritual development. AB 727, as I said, undermines and we strongly oppose it. As a previous member, co-chair of the LA County Department of Health, Faith-Based Advocacy Council and served on multiple boards including the TA and their needs and everything, okay, I know what suicide is.
- Tiaf Casey
Person
I've served on those panels and we worked on developing programs that are truly for suicide, and my condolences, and I feel your pain. No parents should go through that, and I have people that are within my congregation who have lost their children in suicide.
- Tiaf Casey
Person
And I do feel your pain. However, the Trevor Project, the ideology behind it is not acceptable. Thank you.
- Dean Broyles
Person
Chair and Members, I'm a constitutional attorney and serve as a president of the National Center for Law and Policy. The opposition letter I submitted details how AB 727 violates the free speech of religious schools protected by the First Amendment and harms parental rights protected by the Fourteenth Amendment.
- Dean Broyles
Person
Your highest duty as legislators is to uphold the U.S. Constitution, which is the supreme law of the land. For more than 100 years, the U.S. Supreme Court has held that the Fourteenth Amendment protects the fundamental right of parents to direct the care, education, and raising of their children. Children do not belong to the state.
- Dean Broyles
Person
They belong to their families. This fundamental right of parents includes the right to inculcate religious beliefs and make healthcare decisions, including directing mental healthcare and counseling when their children are in distress. Parents are best situated to know, love, and care for their children.
- Dean Broyles
Person
Neither the state nor the Trevor Project have the authority to circumvent, question, or undermine parental authority for minor children. The only exception is when parents are unfit, and the state may not assume that parents are unfit merely because they do not affirm the state's sexual orientation and gender identity ideologies. Yet AB 727 does precisely that.
- Dean Broyles
Person
It assumes parents are the enemy of their child's best interest when experiencing gender identity confusion or same-sex attraction. It was recently held in the Mirabelli case cited in my letter; that is precisely when children need their parents the most.
- Dean Broyles
Person
Yet AB 727 provides Trevor Project's contact information separating children from their parents by allowing the struggling child to contact an organization with no government or parental oversight or accountability. A group that maintains a myriad of unregulated chat rooms where adults posing as children can interact with minor children regarding sexual issues with no guardrails.
- Dean Broyles
Person
This is a groomer's paradise and it violates parental rights and is unacceptable in a civilized society. Children don't need protection from their parents. They need protection from the Trevor Project in this bill. Thank you.
- Al Muratsuchi
Legislator
Thank you. Public comments in opposition of the bill, please come forward.
- Meg Radamark
Person
My name is Meg Madden Radamark. I represent CAUSE, Californians United for Sex Based Evidence in Policy and Law, and Women Are Real, nonpartisan groups representing many Democrats and gay and Lesbian adults in opposition to AB 727.
- Gregory Burt
Person
Greg Burt from the California Family Council, in strong opposition.
- Seak Smith
Person
Seak Smith, founder of Mom and Dad Army with over a dozen chapters here in California. We vehemently oppose AB 727.
- Sabrina Williams
Person
Sabrina Williams, representing Mom Army Sacramento and Placer County. We're in strong opposition.
- David Bolog
Person
David Bollog, committee to repeal Education Code 221.5[f], in opposition.
- Nicole Young
Person
Nicole Young, Placer County Chapter Chair Moms for Liberty as well as the Legislative Chair of the Legislative California Moms for Liberty group, in very strong opposition.
- Florentina Janaro
Person
Florentina de Janaro with Mom Army, Yuba Sutter Area, Freedom Coalition, and Glad Tidings Church in Yuba City, in strong opposition.
- Christine Bish
Person
Christine Bish, Legal Advocate for the California Parents Union and the Vice President of the Sacramento Republican Assembly. We strongly oppose this bill.
- Columbus Ward
Person
Columbus Ward. I strongly oppose this bill. We have a 988 number, sir. You don't get to testify. You had. There are two witnesses in opposition. Thank you. Appreciate it.
- Al Muratsuchi
Legislator
Thank you. Bring it back to the Committee. Any questions or comments from the Committee? Seeing none as bonte, I want to.
- Mia Bonta
Legislator
I just want to clarify right now that on our existing law allows our student ID cards to have a 988 suicide number, crisis lifeline, a national domestic violence hotline, and more specifically, sometimes a QR code that links to mental health resources and in higher education settings, the addition of a campus police telephone number, the addition of one number that ensures that our LGBTQ students have the ability to recognize that they have resources, I think is incredibly important and critical.
- Mia Bonta
Legislator
And I want to thank you author for bringing forward this bill. We all need to be able to have the support that we can reach out to. And the simple thing of putting 10 digits on the back of a card knowing that it could save a life, I think is something that California should do. Thank you.
- Josh Hoover
Legislator
Thank you. So I think what one of the witnesses in opposition was trying to get to, but I, you know, obviously understand testimony was over, was actually a question that I had. And it's that. Is there not already a hotline that is required to be placed on these student IDs? Currently.
- Unidentified Speaker
Person
Yes. So there is a requirement to have 988 on the back of student ID cards currently. However, that's not a specific hotline to LGBT folks. And so it might not be clear to LGBT people experiencing a crisis that there are resources from people who understand them, understand their identities, understand their unique experiences.
- Unidentified Speaker
Person
And so the intent of this bill, the purpose of this bill, is to add something that is an LGBT specific hotline to the back of ID cards to address the disproportionate mental health impacts, suicide risk for LGBT populations.
- Mark Gonzalez
Legislator
So. zero, go ahead. I was just going to add, and also keeping in mind that this generation, we are focused on our youth. We have a text hotline, not a 988. You can't text a 988 number. Let's be clear about that.
- Josh Hoover
Legislator
Okay, Well, I hate to disagree on that point. Actually, if you go to the 988 website right now, there is a text option, a call option. It is something that is provided. So I do agree with you. We gotta be able to reach young people where they are. And texting is a Great way to do that.
- Josh Hoover
Legislator
The 988 number does allow that. It's my understanding 988 number is designed to serve everyone. Do you have specific examples where the 988 number has not served everyone in an appropriate way?
- Unidentified Speaker
Person
So, you know, the purpose of this Bill is to have an overtly LGBTQ resource available to students. I think when students are in crisis, it's important that, you know, a young LGBT person sees, zero, this is a resource designed for me. This is a resource that's going to address my specific needs.
- Unidentified Speaker
Person
And that is not going to be clear to them, just seeing 988 on the back of their ID card.
- Mark Gonzalez
Legislator
I also just want to add the point that although you might agree that it does, you can text 988. You actually have to explain that. And, you know, it doesn't say that on the Back to text 988. And so that's also another piece of it.
- Mark Gonzalez
Legislator
Also, the fact is that we can create a QR code, and I think that's also have. We have to be creative and innovative to include that piece of it on the phone number. I'm not sure what folks are so afraid about adding a number to prevent somebody from being taken off this planet. I wish I had that.
- Mark Gonzalez
Legislator
And frankly, here's my student ID from when I was, you know, many moons ago. Guess what? There's nothing on the back of it. And my point is to say that it's a very simple step at the right direction to save lives. And that is not a Democrat or Republican issue. That is a human issue.
- Josh Hoover
Legislator
I think, you know, I actually can say for sure that I wholeheartedly agree we need to have a number on these cards. We do have a number on these cards. I believe I supported that legislation. I don't, I don't remember what year we passed that.
- Josh Hoover
Legislator
But if, if, if I, if I was here, I absolutely would have supported that and did support that. I think here's my concern. And you asked the question, you know, why would someone be concerned? I think the concern is which number we're talking about here. So I guess, you know, my question.
- Josh Hoover
Legislator
I guess next question would be, does the Trevor Project in any way advocate it, Advocate for political causes or have any resources involving political.
- Mark Gonzalez
Legislator
So It's a national 24.7LGBT hotline. Again, if you're going to, if you feel that you are going to remove yourself from this planet, it's not a political issue, it's a human issue. And you have to understand that if the person is at the brink of.
- Mark Gonzalez
Legislator
Of where they are at in their life or they just need to talk to someone or text someone. This is the line in which to do it, which creates a safety net for those individuals who feel they can do that. 988 is not a number people are familiar with. They're familiar with the Trevor Project.
- Mark Gonzalez
Legislator
And it's not just anybody who' LGBTQ plus it is a lot. It's a line for everybody who can have accessibility to that. Folks shouldn't be a sk shouldn't be afraid of that.
- Josh Hoover
Legislator
So. And again, my. My concern has nothing to do with the ability to call a hotline. Obviously, that is something that I support.
- Josh Hoover
Legislator
I think where I disagree and where I have objections are, is that if you go right now, not calling the hotline necessarily, but if you go right now to the Trevor Project website, there are a number of resources provided that are very political in nature.
- Josh Hoover
Legislator
There is access to a number of things that I would argue a lot of parents would be uncomfortable with. The website itself actually acknowledges this itself. When you log into the website, it actually says, if you need to get out of this website quickly, just triple tap it and it'll go back to Google.
- Josh Hoover
Legislator
It'll get out of the screen. I mean, those are not actions that you take when you have resources, you know, that you are not concerned about people viewing or parents seeing or anything like that. Now, you may be right. And I fully understand your support of the Trevor Project.
- Josh Hoover
Legislator
I think the question, though we have as policymakers is, is this an organization that we should be putting on every student's ID card? Now, I do want to say I really appreciate the Committee amendments that took private schools out of this Bill.
- Josh Hoover
Legislator
I think that was a very inappropriate thing that was included in this Bill and probably would have had some pretty serious constitutional concerns as well. So I do appreciate that amendment. I think that makes the Bill a lot stronger. But I do just want to make clear kind of these objections.
- Josh Hoover
Legislator
I think that what we have already done in this body and what we've already supported is absolutely necessary and important to supporting people that are considering suicide.
- Josh Hoover
Legislator
I do think that this legislation specifically takes it into a direction that I am not comfortable with, because it really does open it up to an organization that is not just about preventing suicide. It's about other causes as well. And so for those reasons, unfortunately, I will be able need to post a Bill today.
- Mark Gonzalez
Legislator
And if I could just address those two pieces. The reason why the Google piece where it says you need to escape this quickly is because you're afraid to tell your parent or somebody who's around you. So you exit out of that quickly.
- Mark Gonzalez
Legislator
If you don't have a privacy screen or you're looking up something that you don't want somebody to look at, you want to have that tool available to you to be able to quickly put that away because you feel ashamed and embarrassed.
- Mark Gonzalez
Legislator
And so the point of that is, is simply to provide that tool so that someone can exit very quickly so they don't get in trouble. And the part about private schools not being taken out of this equation, I frankly think it's wrong. I.
- Mark Gonzalez
Legislator
We agreed to the amendments because we want this Bill to pass, but private school students probably have it the worst.
- Mark Gonzalez
Legislator
In Harvard west, like, about a month ago, 10 students committed suicide because they weren't meeting their academic goals or they were LGBT plus because folks who said, I'm so afraid about, you know, I'm not going to come home with those grades or I'm not going to be able to come out to my parents, and they took their life because of that.
- Mark Gonzalez
Legislator
That's why this Bill is here. And those are the schools that need this the most. Most.
- Sophia Lori
Person
I just wanted to add, as a licensed marriage and family therapist and a licensed professional clinical counselor who has worked with children in a. In a clinic setting, and I see how the 988 number is on the cards.
- Sophia Lori
Person
I'm going to tell you right now, from my personal experience in working with children, when they're going to be in a crisis or when they are in a crisis, they're not looking for who's going to be LGBTQ, who's. Understand they're just going to call that 988 number and talk to whoever's on the other line.
- Sophia Lori
Person
I never had one kid who was LGBTQ come into my office to ask me if I, you know, was a supporter or wasn't. You know, I'm there to help for their issue that they're having and help them process so that they don't go through with whatever it is that's on their mind.
- Sophia Lori
Person
So the 988, I feel, is sufficient to be on the card. And I'm giving this information as someone who has worked with the population and has, you know, helped a lot of kids from going that route. That's fair. Thank you, Ms.
- Mia Bonta
Legislator
I just wanted to respond to Assemblymember Hoover's line of argumentation. And now Assemblymember Castillas, to some extent, we not only need to meet children where they are. But we need to meet children as who they are. And our youth in particular, those who are lgbtq, often have a very, very strong sense of identity.
- Mia Bonta
Legislator
And developing identity and research evidence practices around, like, best practices around youth development really speak to making sure that that youth has the ability to quickly access people who have affinity for the identity that they are experiencing and that that is theirs.
- Mia Bonta
Legislator
And having a brand that is known, like the Trevor Project, be that outreach will make a difference. And again, I just. I also don't see why we are in such vehement opposition to making sure that we meet children as who they are and that we're providing resources specific to who they are.
- Mia Bonta
Legislator
That's an incredibly important thing for us to do and that we somehow are trying to broaden it out to say, zero, that's already provided. It's. It's actually not. If it were.
- Unidentified Speaker
Person
Could I just add briefly that I do believe that my son had a very unique view of himself and would have called somebody that thought that they could understand them. They would have the community that would be able to relate to the bullying and the struggles and everything else.
- Unidentified Speaker
Person
And if you call 988, you might get an adult, you may get somebody who doesn't understand that, and that will not be the case. 14% of our kids attempted suicide. 14%. So adding a number, we will absolutely save lives. That's just all there is to it. It's just 10 digits. And we will save lives.
- Darshana Patel
Legislator
Thank you for bringing this bill forward. I was a school board Trustee when the 988 line got added to our school district, ID student ID cards, public school district, and we definitely appreciated providing children, students with that opportunity to access a much needed resource when they're in crisis.
- Darshana Patel
Legislator
Hearing some comments today from my Assembly colleague here, I agree that we have to meet students where they are.
- Darshana Patel
Legislator
And it might not be every time that a student looks on their ID when they're in crisis, but if they're searching for a friend who may not be able to counsel them or who may have phone restrictions and have to put it away late at night and may not be able to answer that call, then there will be a line for them to call.
- Darshana Patel
Legislator
And if we could interrupt that, those thoughts of suicidal ideation, that is critical. My question to you today with the Trevor Project. I am not as familiar with the Trevor Project. I haven't done web searches or investigations. I know we have community Members in my community that are very Supportive.
- Darshana Patel
Legislator
And some that have raised concerns about the Trevor Project over the past several years. Are your crisis prevention hotline attendees, the people who are the counselors who answer the calls, do they have some cultural competency training with regards to other religions, other faiths, other cultures? So that we're counseling in a culturally responsive way?
- Darshana Patel
Legislator
Because I know our LGBTQ students and community Members are by their very nature, intersectional. They have multiple identities. They are from faiths, from communities, from traditions, and also identifying within the LGBTQ community. So they are absolutely intersectional.
- Unidentified Speaker
Person
So what I can say, we know that the suicide risk for LGBT folks is disproportionately higher for LGBT people of color. So this is something that the Trevor Project has in their statistics, in their studies.
- Unidentified Speaker
Person
And what I can say about their hotline, I don't work there, but their hotline, they do require everyone who works for the hotline to undergo rigorous training. They are required to pass background checks, and they are required to have supervised calls.
- Unidentified Speaker
Person
So there are these metrics in place to ensure quality and to ensure that they are meeting students where they are and being available to all students, all young people who need access to that resource.
- Darshana Patel
Legislator
So, specifically for the concerns of the opposition Member here, some of the concerns he raised, I also would echo having very close family ties. I wouldn't want my children being counseled to leave their families. However, that being said, I'm very close to my children, Right. And we're a very open and inclusive family.
- Darshana Patel
Legislator
That may not be the same for all children. So in those situations, I would love to have some reassurance.
- Darshana Patel
Legislator
I understand you may not be able to provide that today, but would love to continue this conversation with the author that we make sure that there is cultural competency training and we're not further creating strife and hardship and internal identity crisis for a child as we're trying to counsel them through suicidal ideation.
- Mark Gonzalez
Legislator
And I appreciate that, and thank you for mentioning that. That's. That's specific. But I also want to just be clear of that on. And close out a couple points here on, on that separate from my closing, if you are the party of pro life, this is keeping people alive. Keep that in mind.
- Josh Hoover
Legislator
So, well, yes, go ahead. And then I'll close. I appreciate that. I think, again, I will restate because I feel like I've restated it multiple times. 100% agree there should be a number printed on the card, and I supported that. There is a number on the card. Absolutely. We should do everything we can to prevent youth suicides.
- Josh Hoover
Legislator
That's also why, you know, I fought for phone free schools, because I really do believe that access to a lot of these products, social media, all of these other things are really putting more and more strain on today's youth and creating a lot more pressure that doesn't need to be there. So 100% agree on that.
- Josh Hoover
Legislator
I, I do question and, you know, want to ask you, right. If, if you would be comfortable with if, if the tables were turned again, it's not so much the concept of what you are trying to do, it's the organization.
- Josh Hoover
Legislator
And I think that if we were in, let's say, a different state with a different majority, and there was a, an effort by a Member of the other party to put, let's say, a crisis pregnancy center number on the back of a school ID card.
- Josh Hoover
Legislator
That is something I would also oppose because I just don't think it is appropriate for a school setting to be on a school ID card. I would guess that most of the people, you know, on this dais would also be uncomfortable with that. So I guess that is really my objection here.
- Josh Hoover
Legislator
It is not your stated goal, which I wholeheartedly agree with, but, but it is the organization that you've kind of chosen to, to put on the ID card. And so. But yeah, I appreciate the dialogue.
- Mark Gonzalez
Legislator
You can find me another organization, my friend. We can work together on that, but right now there is not, so. All right, thank you. I'll go ahead and close if. Mr. Chair, unless there's. Zero, sorry, Ms. Bonta.
- Mia Bonta
Legislator
I mean, I'm sitting here doing what I'm not supposed to do. Chair. On my phone and I looked up the Trevor project and I went through the crisis hotline and certainly the opposition is that there is a, if you scroll far into it, there's an about us and there's an advocacy component.
- Mia Bonta
Legislator
I just want to just share what the advocacy is that this so called inappropriate organization is advocating for ending conversion therapy, making sure to collect LGBTQ inclusive data, and creating safe and welcoming schools, and supporting Trans young people.
- Mia Bonta
Legislator
I just want to make sure that we are clear that we are code switching, essentially by saying that we are somehow afraid of the type of advocacy that this one particular organization is doing, when in fact the advocacy that they are doing is focused in on ensuring that our Trans youth and our LGBTQ youth are supported.
- Al Muratsuchi
Legislator
Thank you, Mr. Gonzalez, I'm happy to support your Bill. Would you like close?
- Mark Gonzalez
Legislator
Thank you, Mr. Chair, and thank you to Members of the Committee. Some in this room may believe that they can erase queerness by denying resources to LGBTQ + students. They refuse to acknowledge the reality of queer existence. But do you know what's real?
- Mark Gonzalez
Legislator
Our children are dying because of who they are and because they are treated as outcasts, and we cannot afford inaction. Some believe that being gay and being religious are mutually exclusive. Think again, folks. My name is the Selim Mark Gonzalez, and I'm an openly gay man.
- Mark Gonzalez
Legislator
And every Sunday, I sit in the pews of my Catholic parish, the same church I made my first communion and my Confirmation.
- Mark Gonzalez
Legislator
I pray the same prayers, kneel at the same altar, receive the same Eucharist, and open my heart to the same gospel that teaches love, mercy, and justice, especially now in the sacred season of Lent, that I reflect on what it truly means to walk with Christ in the wilderness, what it means to bear witness to suffering and not turn away.
- Mark Gonzalez
Legislator
I am living proof that queerness and faith are not in conflict. They can coexist, not just in me, but in countless young people who are desperately searching for a sign that they belong, even if it's something as small as what's printed on the back of their high school ID card.
- Mark Gonzalez
Legislator
They're looking for a signal that they are seen, that they are loved, and that they belong both in this world and in the eyes of God. To those who raise concerns about religious schools, I hear you. I understand the value and sacredness. Sacredness, excuse me, of faith traditions.
- Mark Gonzalez
Legislator
But I also believe that our faith compels us to do more, not less, for the most vulnerable among us. In Matthew 25:40, Jesus says, Whatever you did for one of the least of these brothers and sisters of mine, you did for me. That verse doesn't come with conditions. It doesn't say, only if they fit your image.
- Mark Gonzalez
Legislator
It says, whoever, because Christ's love is boundless. And if I may, I take inspiration from my own namesake, St. Mark the Evangelist, whose Gospel reminds us again and again that faith is not passive. It demands action. In Mark 12:31, Jesus says, you shall love your neighbor as yourself. There is no commandment greater than these.
- Mark Gonzalez
Legislator
That is not a suggestion. It's a commandment. It is a call. This Bill is not about silencing faith. It is about saving lives. It is about making sure that every child, regardless of who they are, knows they're worthy of love, of care and protection. This place, this capital we call Sacramento, is not just where laws are made.
- Mark Gonzalez
Legislator
It should also be mercy shown, where justice is lifted up and where the command to love thy neighbor is made real. In the lives of our people. Now is the time. Now is not the time to fear or to create division.
- Mark Gonzalez
Legislator
Now is the time to be the Good Samaritan, to cross the road, to bind up the wounds, to say you matter. You are not alone. Our LGBT students deserve more than just words. They too, are bearing their own cross. They deserve action. They deserve life.
- Mark Gonzalez
Legislator
And for those of you who are considering or thinking about suicide, you can call 1-886-488-7386 or text 678-678 with that, I respectfully and prayfully, prayfully ask for your aye vote.
- Al Muratsuchi
Legislator
Next we have File item number four. Assembly Member Mike Gibson, AB291.
- Mike Gipson
Legislator
Thank you very much, Mr. Chairman and Members. Thank you for allowing me to present Assembly Bill 9. Excuse me. 291, which seeks to establish a credentialing educator apprentice program.
- Mike Gipson
Legislator
This program will address the persistent crisis that that in Los Angeles and across the State of California there's a teacher shortage as well as the lack of diversity in this particular field through an innovative approach offered through an apprentice model program that I'm happy to present in Assembly Bill 291.
- Mike Gipson
Legislator
I want to pause and also thank the Committee team for working very closely with my team and stakeholders in order to move these amendments forward. And I will be accepting these amendments. And again thank the Committee team for working with us in this regard.
- Mike Gipson
Legislator
Assembly Bill 291 would establish a framework for a credential, a credentialed educator apprentice program that would provide a pathway for school districts, along alongside their labor and community partner to leverage state and federal funds and break down the barriers to recruitment and retention by compensating educator apprentice for on the job preparation and provide mentorship throughout the program.
- Mike Gipson
Legislator
Offered institutions of higher education and the local labor partners and community stakeholders the opportunity to address key areas of shortage such as special education, bilingual education and early education, childhood education. Excuse me.
- Mike Gipson
Legislator
As we fully implement the transition or Kinder of Kinder, require the Teacher Credentialing Commission and the division of the Apprentice Standards to partner in information sharing about the need for information and approve a mentor, a monitoring program that one strengthens stronger accountability and and reporting requirements as the learning as a Learning Policy Institute has stated in a recent report and I want to say a recent report, and I quote district often hire unprepared, inexperienced and substitute teachers, increasing class sizes and cut core offering altogether.
- Mike Gipson
Legislator
Students of color and and those from low income background bear the blunt of the consequences of these particular situations.
- Mike Gipson
Legislator
The data from the report shows that in 2022 and 2023 fewer than half of new math teachers in schools serving the greatest consequences of high need students and fully qualified for their position 70% of low income children in schools. That's what that report actually revealed.
- Mike Gipson
Legislator
Late last month the Commission on Teacher Credentialing updated and I want to underscore this updated a series of teachers data dashboards to include data from 2023 and 2024 school year.
- Mike Gipson
Legislator
The data dashboard shows that for three consecutive years the CTC has issued more provisional and I want to underscore more provisional interns, internships and short term staff permits and we shall all be concerned with that which again speaks to the need for this particular piece of legislation.
- Mike Gipson
Legislator
It is time for us to be innovative and strategic to ensure schools can recruit a more diverse teacher candidate pool.
- Mike Gipson
Legislator
We must do everything we can to strengthen the teacher preparation process, providing financial incentives to enter the profession and require professional support ultimately to ensure our educators have the tools necessary to for our students to succeed in our schools.
- Mike Gipson
Legislator
In the State of California, Assembly Bill 291 is that mechanism with me to provide supporting testimony who was self introduced as the Director of Educational Policy and Advocacy for Children Now.
- Sarah Bach
Person
Good afternoon Members. Sara Bach is with Children Now. We're a nonpartisan whole child research, policy and advocacy organization dedicated to to promoting children's health educational well being in the state and we're pleased to sponsor AB 291.
- Sarah Bach
Person
California's teacher shortage as well as the lack of diversity is the result of systemic barriers including a high cost of preparation and the lack of support early in an educator's career.
- Sarah Bach
Person
We believe that establishing a pathway to become a credential educator via an apprenticeship program, a well known model for transforming high skilled high high need professions, can reduce the cost of preparation and provide the apprentice with a livable wage while learning on the job.
- Sarah Bach
Person
Compensation combined with structured mentorship are key components to an apprenticeship program which will ensure apprentices have strong support, supervision and guidance during the preparation process and early years of teaching from seasoned staff. We recognize and appreciate the state leading the way through recent budget investments in supporting effective retention and recruitment programs for teachers and instructional aides.
- Sarah Bach
Person
Adding to these efforts is the opportunity that AB291 provides in both flexibility of operational and program design for the educator apprenticeship to be developed to meet local needs in collaboration with local partners, school districts and higher education institutions with oversight and support from the state through the Commission on Teacher Credentialing and the Division of Apprenticeship Standards.
- Sarah Bach
Person
It is also important to note that the provisions of AB291 are entirely permissive and there is no state mandate but a pathway to design a local apprentice program with accountability and standards that can meet local needs.
- Sarah Bach
Person
Research shows that student outcomes improve when they have access not only to well prepared educators but also educators that can reflect their demographics. And while more than half of our students in California identify as students of color, our educator workforce does not reflect that amazing diversity.
- Sarah Bach
Person
We believe that it's time to be innovative and equipped and support the teacher workforce that feels prepared to meet our students needs today. Thank you for your consideration of AB291.
- Al Muratsuchi
Legislator
Thank you very much. Public comments in support of this measure. Please come forward.
- Annie Chou
Person
Annie Chou at. The California Teachers Association. We have a tweener position. Can I elaborate?
- Annie Chou
Person
We really appreciate the work that Mr. Gibson, his staff, Assembly Committee and the sponsors have. We've had really great conversations this past year. The amendments get us almost there. We're really eager to have apprenticeships as. Well, but want to make sure we. Have the structure and the safeguards in place to protect educators and aspiring educators. Thank you so much.
- Tristan Brown
Person
Good afternoon, Mr. Chair and Members. Tristan Brown, CFT. Line our comments with the CTA. We're very excited for this program and really appreciate the Committee amendments on the Bill. And we'll probably be in full support after that. So we appreciate the work. Thank you.
- Al Muratsuchi
Legislator
Thank you. Seeing no further comments in support. Any further comments in between? Seeing none. Any witnesses in opposition to the Bill? Seeing none. Any public comments in opposition to the Bill? Seeing none. Please bring it back to the Committee. Any questions or comments? Dr.
- Darshana Patel
Legislator
Patel, thank you for bringing this Bill forward to the author and to the witness. Do you have a vision of who would be participating at the table in these types of discussions? In building a plan?
- Sarah Bach
Person
We would. We envision it as school districts coming to the table, working collaboratively with their local partners, with their union associations, and making sure that they have this team teachers to be the mentors, as well as the parameters set to finance this. This would be all financed at the local level as there currently aren't any resources.
- Sarah Bach
Person
And we're really trying to just have a framework that has the standards in place, the structure to approve applications, as well as guidance that any apprenticeship should meet, hours that are required before becoming the teacher on record, as well as conditions of what that mentorship looks like. Like.
- Mia Bonta
Legislator
Nice. I. I want to thank the author for bringing forward this Bill. I did have one question about the kind of the combining of the.
- Mia Bonta
Legislator
The integration of the federal program and the state program, which is a component of this Bill, to do you foresee that being a challenge given the current federal Administration environments that it might put at risk our state program?
- Sarah Bach
Person
We see this as allowing for our state departments to have the opportunity to develop a program should any school districts want to come forward in creating it locally. We hope that eventually things will weather out and that we could continue to see support from the Federal Government in allowing us to tap into apprenticeship programs.
- Sarah Bach
Person
So we see this as an opportunity for school districts to be in future years accessing any state or federal funding related to apprenticeship program and we currently don't have access to that as LEAs are not able to create their own apprenticeship programs under current law.
- Mia Bonta
Legislator
I think it might be helpful in future iterations as this Bill moves forward to make that absolutely clear that this is just allowing for that resource to be applicable to existing state and federal programs, but does not enable the federal Administration to reach in with its own agenda to change the very clear positive intent of inclusion that the author is moving forward.
- Mike Gipson
Legislator
Right. And I want to say thank you very much for that and we will make sure that's real clear as this Bill moves forward if it gets out of Committee. I also want to say that because when we look at the teacher shortage in California, doing nothing is not an option.
- Mike Gipson
Legislator
We have to do everything that we can. And this is a sensible approach to one reinvigorate teaching and making sure that little girls and little boys want to emulate what they see in the classroom and that's their teachers. And so we, we can't look and see what the future Federal Government is going to do in this space.
- Mike Gipson
Legislator
We know that destructive things have taken place thus far, but we hopeful the hopefulness that we have is to move this ability and this Bill forward so there's opportunities and so that we can one, build up a teacher pool.
- Mike Gipson
Legislator
What we found certainly, and what we saw is that after the COVID the pandemic, a lot of teachers burned out a lot of professions. And we have to make sure that we can create a new generation of enthusiastic, brilliant teachers to be able to teach our young people. And I believe this is a step in the right direction and that's the intent.
- Al Muratsuchi
Legislator
Any further comments, questions? All right, thank you, Mr. Gibson, for this multi year effort to address the teacher shortage. I look forward to continuing working with you on this effort. Happy to support this measure. Would you like to close?
- Mike Gipson
Legislator
I will just use my previous comments addressing Ms. Bonta's question as my close and thank the Committee and respectfully ask for an aye vote.
- Al Muratsuchi
Legislator
All right, we need a motion and a second. Thank you. Have a second. All right. Madam Chair. Secretary, please call the roll.
- Al Muratsuchi
Legislator
All right, seven ayes. The Bill is out. Next we have File item number 18 AB860 by Assemblymember Sharpe Collins.
- Lashae Sharp-Collins
Legislator
Thank you. Good afternoon, Chair and Members. I will be accepting the Committee's amendments that was sent over to our office.
- Lashae Sharp-Collins
Legislator
And today I'm here to present AB 860, a Bill that will address the gap in accountability in our education system by requiring school districts to consider County Office of Education Local Control Accountability Plans Revisions when persistent underperformance triggering level 2 DA meaning the different assistance so but to me I've always called it DA.
- Lashae Sharp-Collins
Legislator
The LCAP is a school district's roadmap for student success. It outlines how districts will use state funding to meet goals around academic achievement, school climate and student engagement, especially for high need student groups. But when districts repeatedly fall short, those plans must be strengthened. Level 2 DA is a serious warning sign.
- Lashae Sharp-Collins
Legislator
It triggers when one or more student groups such as English language learners, foster youth, low income students or students with disabilities fail to meet state standards across multiple years and across multiple priority areas. It signals that a district's current approach currently really is not working right now.
- Lashae Sharp-Collins
Legislator
COEs can only make a recommendation even when districts are having difficulty addressing the needs of their students. AB860 changes that by requiring school districts to review the recommendations provided by the COEs in a public meeting. Also ensuring struggling districts take the action needed to improve the overall outcomes.
- Lashae Sharp-Collins
Legislator
Students in districts with years of unmet goals cannot afford more delay AB 860 it actually ensures that students translate into action, that actually supports translate into action and that plans meet. Plans that are meant to close the overall achievement gaps are actually taking place. This is not a top down mandate. It is a targeted accountability approach.
- Lashae Sharp-Collins
Legislator
County Office of Education are already tasked with reviewing LCAPs and supporting districts through technical assistance. But AB 860 simply gives them the ability to step in when the repeated failure demands more than just suggestions. AB860 ensures that there is a stronger community engagement as part of the current process.
- Lashae Sharp-Collins
Legislator
Encouraging a collaborative approach where all voices are being heard. By boasting public interactions, schools will have the opportunity to incorporate the perspectives of the very people that they aim to serve.
- Lashae Sharp-Collins
Legislator
Ensuring that the plans developed are not only affected by by the tailored to these to the by them being tailored to the specific needs of the students and families they are currently serving. But districts will be more accountable for reaching out to parents and to community Members by involving them in the decision making process.
- Lashae Sharp-Collins
Legislator
Particularly when changes are required to improve student outcomes as it is currently required in the LCAP structure being a part of the eight state priorities. So AB 860 helps us move from the intent to impact. It actually ensures that students, regardless of Their background, receive the supports, the resources and opportunities that they need to thrive. And with that, I respectfully ask for your aye vote.
- Al Muratsuchi
Legislator
All right. Do you have witnesses? Okay. Public comments in support of this measure, Please come forward. Okay. Any witnesses in opposition to the Bill, Please come forward. Any public comments in opposition to the Bill? Seeing none. Bring it back to the Committee. Dr. Patel?
- Darshana Patel
Legislator
I thank you for bringing this Bill forward. I know accountability through the LCAP has always been a struggle for many school districts, and we're continually seeing that bridging of the opportunity gap falling short and the achievement gap falling short year over year.
- Darshana Patel
Legislator
My question to you is, I saw as I was looking through the materials provided that there is some opposition from the small school districts. Consistently. Small school districts struggle with, you know, just managing their administrative responsibilities.
- Darshana Patel
Legislator
Many small school districts or micro school districts, even their principal is their Superintendent or their county office is their school district office. So is there any special provision for these types of situations where the county office and the school district are one in the same or when there's significant administrative challenges?
- Lashae Sharp-Collins
Legislator
At this time, we haven't talked about the actual provisions that is there. So thank you for bringing that part up, and we can continue to have dialogue about that to see how we can add a provision in here for that. So thank you for highlighting that. But currently, no, there's no provision for that.
- Darshana Patel
Legislator
Thank you. As a school board trustee, you know, I just want to make sure that the colleagues out there can actually implement effectively the laws that we bring forward. As you know, that's always a struggle is school districts being tasked with doing things that they just can't. They just don't have the capacity to deal with.
- Darshana Patel
Legislator
So any efforts you can make to do that would be greatly appreciated. Understood. Thank you. Thank you.
- Dawn Addis
Legislator
Very briefly, just want to thank the author for your expertise and your passion and your diligence and. And working on these issues and all public school issues. And just say thank you for your willingness to work with small school districts.
- Dawn Addis
Legislator
I represent at least one, and they do struggle, and so really appreciate moving forward that you're willing to do that. Thank you. And I'll support and move the Bill if it hasn't been moved yet. Thank you.
- Al Muratsuchi
Legislator
All right, motion's been made and seconded at the chair's discretion. I want to give the representative of the Small School Districts Association to provide any comments.
- Unidentified Speaker
Person
Thank you, Mr. Chair, and. And thank you all for the support. If you could just go with me to all the committees and support Smalls, that would be great. And in all seriousness, really appreciate the amendments to the Bill.
- Unidentified Speaker
Person
The Smalls do have some concerns about ever always changing the LCAP process and what it entails, but we appreciate the author's work to kind of address some of the concerns, and we look forward to watching the Bill as it move forward and hopefully remove the consent, I mean, the opposition. Excuse me. Thank you.
- Al Muratsuchi
Legislator
Any further comments? Dr. Sharp Collins, I want you to know that your Bill generates some interesting conversations among within the Education Committee staff and myself. A creative approach to try to get more support for or to make sure that school districts are providing the additional supports that students that need the help receive that.
- Al Muratsuchi
Legislator
And, you know, we were talking about how this is probably a reflection of your experience with the San Diego County of Office of Education. And so I just want to acknowledge, you know, what you're trying to accomplish.
- Al Muratsuchi
Legislator
Also appreciate your accepting the amendments because, you know, we're always trying to strike that balancing act between, you know, how do we, you know, we have this governing structure and, you know, to what extent do we defer to local control versus to what extent should we have county offices of education and not all county offices of education, you know, can be as effective or as good as San Diego's, perhaps.
- Al Muratsuchi
Legislator
And in your experience. And so that was part of our consideration. But I'm glad that we have reached a working agreement with the Bill to move forward. Should I get out of the Committee? Would you like to close?
- Lashae Sharp-Collins
Legislator
Sure. Thank you. And thank you all for even highlighting the. The past experience that I've had from working for the county and also once again, sending over the actual amendments as well and talking about some of the key points that we have currently accepted today.
- Lashae Sharp-Collins
Legislator
And so just know that my experience over in the county Office of Ed, even though we are a large county, this is something that we still struggled with.
- Lashae Sharp-Collins
Legislator
And so I wanted to figure out a way for us to do a little bit more than just technical assistance, but really try to make sure that we can make some. Some of these systemic changes. And so this Bill, to me, is a necessary step toward turning our state's commitment to equity into real, measurable outcomes for students.
- Lashae Sharp-Collins
Legislator
When school districts they actually repeatedly felt will fall short despite years of support, it is our responsibility to act. Currently, the LCAP is a mirror compliance document that needs a little bit more teeth. And I feel that this is one way of adding a little bit more teeth to their current document.
- Lashae Sharp-Collins
Legislator
And I say that because there is a lot of inconsistencies between the purpose of LCAP and the county office of ed's role in supporting its true implementation. The LCAP is supposed to be a process of facilitating continuous improvement to districts.
- Lashae Sharp-Collins
Legislator
The LCAP is also the main means by which a district communicates to parents what they can expect with regards to their students, achievement, campus climate, and even safety. We must ensure that our county Office of Ed's roles focus on continuous improvement by becoming critical friends or even by ensuring collaboration, meaning being true partners within the overall work.
- Lashae Sharp-Collins
Legislator
So this Bill does not create any new bureaucracy. It actually strengthens the tool that we already have by ensuring that our coes can require meaningful change. And so our students deserve more, and we all deserve more. And AB 860 makes sure that we will hold every system accountable. So thank you so much, chair and Members, and I respect and I respectfully ask for your aye vote.
- Al Muratsuchi
Legislator
Next on the signup is Mr. Gabriel, but I don't see Mr. Gabriel in the audience. And so following Mr. Gabriel is Mr. Flora. This is file item number 20 AB948.
- Heath Flora
Legislator
Thank you, Chair and Members. I am proud to present AB948. This Bill accelerates essential school facility improvements. Creates a safer, more effective educational space for our students in smaller school districts. Delays in repair and maintenance directly affects student learning environments as well as staff working conditions.
- Heath Flora
Legislator
This Bill will modernize and streamline the procurement process and enhance small school districts operations across California and provide procurement options, allowing districts the flexibility to get needed repairs, maintenance and restoration in effect in effective, cost effective manner. This Bill does not replace any public works contracting methods currently codified in law.
- Heath Flora
Legislator
That applies only to repair, maintenance, replacement and restoration, not new construction. Ensuring it targets urgent facility needs that are met without replacing traditional construction contracting processes. And with that I respectfully ask and I vote.
- Al Muratsuchi
Legislator
Mr. Flora, before you proceed, do you accept the Committee's amendments?
- Heath Flora
Legislator
You know, I probably should have led with that. Yes, I do. Thank you.
- Andrew Stroud
Person
Good afternoon, Mr. Chairman and Members. My name is Andy Stroud and I'm counsel to CalSave School Purchasing Cooperative, which is sponsored by the Monterey County Office of Education. AB948 creates task order contracting for small school districts. This Bill will enhance the ability of these districts to efficiently manage and complete maintenance and repair projects.
- Andrew Stroud
Person
Thus, districts with fewer facility management resources can use a streamlined option for procurement. For procurement, it is only an option. All other procurement methods will remain in place. Also, the Bill does not apply to new construction, but to maintenance and repair only.
- Andrew Stroud
Person
Currently, many districts face unnecessary delays for projects related to repair, maintenance or restoration of critical school facilities.
- Andrew Stroud
Person
By using task order contracting, small school districts will be able to one use pre competed unit cost pricing for budgets for projects under $3 million, ensuring cost efficiency and budget certainty 2 use master contracts created by county superintendents or other districts with their joint powers and 3 ensure compliance with prevailing wage and licensing standards, guaranteeing fair compensation and high quality work.
- Andrew Stroud
Person
This legislation builds on best practices providing a streamlined, competitive and transparent procurement approach. This Bill will improve the quality and safety of small school facilities throughout California. I'm available for any questions you may have and respectfully urge your yes vote. Thank you. Thank you.
- Barrett Snider
Person
Thank you Mr. Chair Members Barrett Snider and I have the Small School Districts Association. For all the reasons were stated, we are supporting the Bill. The LA Unified essentially pilot of this showed that you save about 10%, projects get done faster and you get just better responsiveness, particularly when you have urgent needs and students in those communities.
- Barrett Snider
Person
When you've got limited staff, this would be really helpful. So we urge your support today. Thanks.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of this measure, please come forward.
- Bo Biller
Person
Hi Mr. Chair Members Bo Biller on behalf of the Association of Western Employers and we. Also urge an aye vote. Thank you.
- Unidentified Speaker
Person
Greg ... Here on behalf of Field Turf in support of the Bill.
- Unidentified Speaker
Person
Rachel Shakuna on behalf of the Nevada County Superintendent of Schools and support.
- Al Muratsuchi
Legislator
Seeing no further public comments and support. Any witnesses in opposition, please come forward.
- Judy Yee
Person
Hi Judy Yee, on behalf of the State Building Trades Council representing 450,000 working families, we have an opposed unless amended position. The Legislature has consistently ensured that labor protections exist anytime school districts have been granted authority to deviate from our competitive bidding laws.
- Judy Yee
Person
We have provided amendments to the author that ensure that the task order contracting authority this Bill proposes is consistent with statutes that previously authorizes job order contracting and design build authority for school districts by the Legislature. We look forward to discussing those with the authors. Unfortunately, we have opposed unless amended position today.
- Al Muratsuchi
Legislator
All right, thank you. Any further public comments in opposition? Seeing none questions from the Committee. Dr Patel
- Darshana Patel
Legislator
Thank you for bringing this Bill forward. I do have a question for you. It's rare that we see that a large school district like LA Unified and smaller school districts like the ones you're hoping to support are in agreement on something.
- Darshana Patel
Legislator
So my question to you is that are you planning on having some opportunity to report out the benefits of this program so that we can look at perhaps.
- Darshana Patel
Legislator
I'm guessing this is some sort of pilot program for these school districts so we can see whether this works and helps you manage relationships with our opposition while at the same time bringing benefit to your communities and getting some improvements that are much needed. So I am concerned about the opposition comments that I just heard.
- Darshana Patel
Legislator
I didn't see those in the reports initially provided to us. But also I would love to hear the positive outcomes, if there are any.
- Heath Flora
Legislator
Absolutely. And thank you for the question. And we are certainly committed. I mean, I think some of the amendments we took through the Committee staff address, most of those will obviously continue to have a great relationship with the trades and certainly want to work with them. So not a huge concern of mine.
- Heath Flora
Legislator
But also this Bill and many other pieces of legislation to pass out of the Legislature. We need to bring them back and look at them, make sure that what we intended them to do are actually achieving those goals. So this one and many others, I'm happy to do that and give you that report.
- Dawn Addis
Legislator
I just want to appreciate your work on behalf of small school districts. I think it's really important. I share the same concerns with opposition, but if you can work those out, I'd love to be added as a co author when those, when those concerns are all worked out.
- Heath Flora
Legislator
Absolutely. And we'll certainly. Yeah, yeah. My commitment. Continue to work with opposition. No worries at all.
- Dawn Addis
Legislator
I'm happy to. I'm happy to move the Bill if it hasn't been moved.
- Al Muratsuchi
Legislator
All right. Is there a second? Any further questions or comments? Ms.
- Mia Bonta
Legislator
Bonta, I just want to clarify to the author, I see a running theme in your. In your legislation this year that's really very clear eyed in purpose in terms of addressing and supporting our smaller and more rural parts of California, which I'm very appreciative of. I just wanted to get more clarity on the. On the.
- Mia Bonta
Legislator
Seems like a tweener or opposed unless amended position of the trade so that I have an understanding that we've aired what the specific concerns are as you move forward.
- Heath Flora
Legislator
I am happy to read the amendment, the Committee amendments that we. That we put in the Bill already. Would you like those?
- Heath Flora
Legislator
Through the chair. Is that okay? Yes. Okay. So the amendments that we've taken already, so I obviously accept the committees. But district size, the original language provided for districts 10,000 students or less, the Committee suggests, which we've obviously accepted to reduce that to 2,500 students or less. So that was the first thing.
- Heath Flora
Legislator
And then a sunset and third party report required by January 12030. A report to legislative to all of us on the use of this task ordering procedure contracting method. So basically to your point to basically bring report back to to us that this is actually working. So those were the two amendments we take from the Committee.
- Mia Bonta
Legislator
Okay. I just would. I. I will support this Bill today and Reserve the right to have a different vote on the floor. And I'll be looking to make sure that there's alignment with the. With the building trades on this.
- Heath Flora
Legislator
No, for sure. And no disrespect to the building trades at all. I think opposition came in a little bit late and so look forward to working through that with them and having those conversations. So.
- Al Muratsuchi
Legislator
Seeing no further questions or comments from the Committee, I also would appreciate Mr. Flora if you can work out what the state building trades any concerns that they may have. But happy to support your measure for today. Would you like to close?
- Al Muratsuchi
Legislator
Thank you. Motion has been made and seconded. Please call the roll
- Al Muratsuchi
Legislator
8 Ayes. The Bill is out. I still don't see Mr. Gabriel in the audience. And so we will Skip ahead is Ms. Soria. zero, there we are. Okay. This is file item 24 AB 1111 by Assemblymember Soria.
- Esmeralda Soria
Legislator
Good afternoon, Chair and Members. First, I'd like to start by accepting the amendments in the Committee analysis and really thanking the Chair and the Committee staff for spending some time with us and listening to the intent of the Bill and why I was, you know, bringing this forward and working with us to get it to this place.
- Esmeralda Soria
Legislator
So AB 1111 adds additional flexibility to California Zero Emission School Bus Mandate by extending the deadline for small and rural school districts, adding additional flexibility when determining feasibility of switching to zero-emission buses, and modifies an existing incentive program to allow districts struggling to make the switch to zero-emission buses to receive buses from other districts.
- Esmeralda Soria
Legislator
In 2023, the Legislature passed this landmark legislation calling for most of California school bus fleets to be zero-emission by 2035 and all school buses to be zero-emission by 2045, which I supported.
- Esmeralda Soria
Legislator
That legislation sought to make new strides in reducing greenhouse gas emissions and the amount of other toxic air contaminants emitted by these buses, while recognizing that some of the school districts were not ready and would need more time for the zero-emission technology to meet their needs.
- Esmeralda Soria
Legislator
However, in the short time that the law has gone into effect and districts have started planning their own switch to zero-emission vehicles, it has become clear we did not account for the full ramifications of converting these bus fleets.
- Esmeralda Soria
Legislator
I introduced this piece of legislation because over the fall I had the opportunity to sit down with a dozen of the school districts in my district and the issue that rose to the top was the challenge of implementing this new policy.
- Esmeralda Soria
Legislator
These districts are small, rural and disadvantaged and they don't have extra budget dollars for the cost of the implementation on top of other challenges that they expressed to me.
- Esmeralda Soria
Legislator
While the original legislation allowed for extensions of the 2035 deadline for certain districts, it did not account for the lack of electric infrastructure available to school districts or the challenge for local fire agencies to deal with a burning EV bus.
- Esmeralda Soria
Legislator
Additionally, the law itself has led to reduce availability of non-zero-emission buses as school bus manufacturers shifted their operations away from supplying diesel buses since the market would essentially be eliminated by 2035.
- Esmeralda Soria
Legislator
This has left districts without any options to maintain their fleets if they need more time either to build out their charging infrastructure or for improvements in technology to help meet the needs of longer bus routes. This has especially hurt small and rural school districts like the ones in my district where busing is crucial to educating our students.
- Esmeralda Soria
Legislator
Families can frequently be 30 minutes to an hour drive out from the school their children attend and depend on reliable bus service to balance getting their kids to school with their work schedule. I have heard from many superintendents in my district that they want to make the switch to zero-emission.
- Esmeralda Soria
Legislator
But due to the limitation of their electrical infrastructure or the financing available, they are challenged to do so. In the meantime, they need new buses to replace the ones aging out of their fleets so that they can still get our kids to school while they prepare to meet the new mandate.
- Esmeralda Soria
Legislator
AB 1111 will help these districts by increasing flexibility for the districts that need it the most. It does this by doing three things.
- Esmeralda Soria
Legislator
Adding waiver categories that recognize infrastructure and firefighting limitations smaller and rural, rural districts face, extending the overall deadline for compliance, and allowing school districts who are currently required to scrap their old buses to receive incentives to convert to electric buses to instead transfer that older bus to a district that is in desperate need.
- Esmeralda Soria
Legislator
Here with me today to testify in support of AB 1111 is Kathy Spate, a Member of the Board of Trustees at Caruthers Unified School District in my district in Fresno county, as well as Beth Albiani, a Member of the Board of Trustees in Elk Grove Unified School District.
- Kathy Spate
Person
Good afternoon. Sorry. Good afternoon. Thank you for the introduction. I'm Kathy Spate. I represent Caruthers Unified School District. Our rural district is located in southern Fresno county. We are 17 miles south of the City of Fresno.
- Kathy Spate
Person
The district currently enrolls approximately 1700 students and has a student population that is 87% Hispanic, 89% socio-economically disadvantaged, 26% English learners, and 8% of our students are students with disabilities. Caruthers Unified provides transportation through a JPA, Southwest Transportation Agency, which serves 13 of the total of the districts in southwest Fresno County. Districts own the buses.
- Kathy Spate
Person
The agency operates and maintains them. Today, the agency operates 55 home to school routes transporting 7000 students one day per day while traveling 1.3 million miles per year. In addition, the agency operates 1900 extracurricular activity trips. You know, for all those wonderful bands and teams we have to all places across the state.
- Kathy Spate
Person
The agency and its member districts are environmentally focused. We currently operate 46 CNG school buses and have for well over two decades. And it's a goal to operate 100% CNG fleet. But it is much, and we know it's a much cleaner option than diesel, and that's why we've been doing it for so long.
- Kathy Spate
Person
However, while current CNG options do work, the same cannot be said for existing zero-emission technology, which is almost exclusively electric. Our buses travel about 200 miles per route, which far exceeds the maximum range of any zero-emission bus that is currently on the market.
- Kathy Spate
Person
Given the length of our routes, we are not optimistic about our ability to continue to provide home to school transportation if we are only allowed to purchase EV buses starting in 2035, which we know is the current law. Bus technology will have to significantly advance both in terms of range and charging for our EV buses to be feasible.
- Kathy Spate
Person
Sure. That is, considering we are located in the Valley. The flexibilities of AB 1111 provide these things for us. And we really would look forward to your support of this. And we appreciate Assemblyman Soria for bringing this critical legislation to the forward.
- Beth Albiani
Person
Good afternoon, Committee Members. My name is Beth Albiani. I'm in my 10th year as a Board Member at the Elk Grove Unified School District. Elk Grove is the fifth largest school district by enrollment, but we are also a physically large district covering over 320 square miles.
- Beth Albiani
Person
We have 43 elementary schools, 18 traditional middle and high schools and six alternative schools. We cover both rural and urban areas. Elk Grove has a mix of buses. We do diesel, propane, CNG and EV. We currently have 16 EV buses and have 30 paused in procurement based on federal EPA dollars. As of today, we have 140 buses.
- Beth Albiani
Person
And these buses cover 175 home to school routes and 108 special education routes daily. We move over 10,000 students every day and cover over 2.5 million miles in a year. And though we've adopted EV buses, even a district our size would face significant challenges meeting the existing deadline.
- Beth Albiani
Person
The number of routes far outnumber the number of buses we have. Our program requires a bus to complete two to three routes each morning, then assist with field trips, additional routes, and then complete additional two to three routes in the afternoon and possible evening activities with little to no midday breaks.
- Beth Albiani
Person
Our buses average over 200 miles per day. We've experienced challenges with the reliability of EV buses. While manufacturers are very supportive, the downtime of an EV bus is more than double any other bus we have. We find EV works well for our shorter and single routes. It fits our special education needs well.
- Beth Albiani
Person
But further expansion will be difficult. We need to purchase two to three EV buses to replace a single diesel bus. We look forward to the technology continuing to improve. But as things currently stand, this mandate would force us to make some very difficult decisions about continuing to provide transportation to our general education students. And I believe we can all agree that attendance is essential to success.
- Al Muratsuchi
Legislator
Thank you. Any public comments in support of this measure? Please come forward.
- Kordell Hampton
Person
Good afternoon. Kordell Hampton with the Association of California School Administrators in support.
- Dan Merwin
Person
Good afternoon. Dan Merwin on behalf of the California School Boards Association, proud to sponsor the Bill. Ask for your aye vote. Thank you.
- Mishaal Gill
Person
Good afternoon. Mishaal Gill, on behalf of California Association Of School Business Officials in support.
- Al Muratsuchi
Legislator
All right, seeing no further public comments and support. Any witnesses in opposition, please come forward.
- Ada Waelder
Person
Good afternoon chair and Members. My name is Ada Waelder. I am a policy advocate with Earthjustice, a public interest environmental law organization organization and my team works to advance zero-emission solutions that improve air quality and our health. And I am here in opposition to AB 1111.
- Ada Waelder
Person
Transportation is the largest source of air pollution in California and diesel school buses pose an especially great risk to children's health. For example, the level of diesel exhaust found inside school buses can reach up to 46 times the amount that US EPA has found increases the likelihood of cancer.
- Ada Waelder
Person
Yet two out of every three publicly owned school buses in California today are still fueled by diesel. School districts are doing excellent work leading the transition to zero-emission school buses.
- Ada Waelder
Person
And it's important they have what they need to electrify their fleets and ensure every child who needs to get to school on a bus can get there safely and on time. Under current law, school districts that need it can already receive an extension of up to 10 years and purchase non-ZE buses until 2045.
- Ada Waelder
Person
AB 1111's blanket 10 year delay for all school bus fleets across the state would needlessly push back California's efforts to phase out dirty diesel and put our children's health at great risk.
- Ada Waelder
Person
We deeply appreciate the Committee's amendments to apply this delay only to specific districts, but remain concerned about the children and communities who will continue to be exposed to this dangerous pollution for 20 or 30 more years.
- Ada Waelder
Person
We had a good conversation with the author's staff and understand the very real financial and logistical constraints that schools face when switching their fleets over to zero-emissions buses. We support extensions in districts that have feasibility concerns, but these should be very tailored exemptions that can be requested and not granted automatically.
- Ada Waelder
Person
That being said, we look forward to seeing the amendments in print and working with the author moving forward on this Bill. Thank you.
- Edson Perez
Person
Good afternoon, Mr. Chair and Committee Members. My name is Edson Perez and I'm a senior principal with Advanced Energy United. We were co sponsors of the original legislation two years ago that put this policy in place and I'm here to respectfully express continued opposition to AB 1111 even as proposed to be amended.
- Edson Perez
Person
We really appreciate the Committee and its efforts to focus the Bill. And we do share the concerns raised by the districts with specific challenges. But AB 579 from two years ago already built in much needed flexibility.
- Edson Perez
Person
The current law allows any district to apply for a five year hardship waiver if they face terrain and route constraints, which is what would include charging infrastructure constraints too. If that waiver process needs improvement, then we should work together on fixing it.
- Edson Perez
Person
But we believe that creating a 10 year exemption for entire categories of school districts 10 years before the original policy even kicks in really sets the state backwards in this transition. Even a limited exemption sends the wrong market signal. It's really telling manufacturers and infrastructure providers not to invest in certain parts of the state.
- Edson Perez
Person
And this can create the unintended consequence of ensuring that there won't be charging infrastructure there and slowing job growth and keeping students exposed to diesel pollution longer. So instead we should really do all we can to help these districts make the switch.
- Edson Perez
Person
Programs like HVIP can be improved to stretch dollars further and support more districts in this transition. We are working with CARB and other stakeholders on that right now and we would welcome including those kinds of solutions in this Bill. So we're looking forward to having those conversations and to seeing the amendments in print.
- Edson Perez
Person
But as the Bill stands right now, we do respectfully urge you to oppose this Bill.
- Al Muratsuchi
Legislator
Thank you. Public comments in opposition to the Bill. Please come forward.
- Andrew Antwih
Person
Mr. Chair, Members. Andrew Antwih with Shaw Yoder Antwih Schmelzer & Lange. I'm actually reflecting opposition testimony for lobbying colleague from Tradon Price on behalf of the Climate Center. Post.
- Brandon Walls
Person
Good afternoon Mr. Chair and Members. Brandon Walls on behalf of CALSTART. We're still reviewing the amendments but generally have concerns that delays have when it comes to the technology's development. Thank you.
- Kai Cooper
Person
Hello Chair, Members, thank you for your time today. Kai Cooper on behalf of a colleague in opposition of this Bill, California Enviro Voters along with San Francisco Bay Chapter of Physicians for Social Responsibility. Thank you.
- Al Muratsuchi
Legislator
Thank you. See no further public comments in opposition. Bring it back to the Committee. Dr. Patel. Ms. Bonta. Ms. Addis.
- Darshana Patel
Legislator
Thank you for bringing this Bill forward. I was a trustee in a relatively large suburban school district where we did make substantial efforts to electrify our fleet and did achieve good success with that. How ultimately, however, I do understand the concerns that we have here, especially with our Elk Grove colleague.
- Darshana Patel
Legislator
We suffered and struggled with some of the same concerns that you brought up.
- Darshana Patel
Legislator
And actually it was delays through our getting the grid infrastructure put in place, through SDG&E, through whatever their permitting process was, we ended up having to pay to store our electric buses on a side yard of a church for nearly 18 months, I think it was.
- Darshana Patel
Legislator
And while that was going on, we risked losing the insurance on those batteries because we were not cycling the charge on those batteries. And so we made substantial investments in our electric fleet. And yet we were stuck in this situation where we were trying to avail of cost saving grant measures.
- Darshana Patel
Legislator
And it was kind of a lot of heartache for us because there we were continuing to use the rest of our remaining fleet and keeping those on the roads for substantially longer.
- Darshana Patel
Legislator
So there are situations like this and ultimately when we have these policies stacking on top of each other with late start and then requiring expensive fleets to be swapped out and no mechanics, the workforce isn't there to maintain these electric bus fleets. And then you're ultimately left with this decision.
- Darshana Patel
Legislator
Are we going to continue this unfunded responsibility of home to school transportation which could ultimately lead to even greater environmental hazards and child safety hazards as more and more parents end up on the road driving their kids to school very, very long distances?
- Darshana Patel
Legislator
So while in our suburban areas, like where I was a trustee, it totally makes sense to push these policies forward in our more rural communities or communities that are struggling. Sometimes I think I don't know how we're going to overcome terrain route constraints.
- Darshana Patel
Legislator
We're not leveling mountains, we're not going to control the weather so it doesn't snow at the top of a hill with a 5,000 foot elevation to the bottom of the hill where our schools are built. In San Diego, county, we do have several rural school districts that struggle with this.
- Darshana Patel
Legislator
Warner Springs is one of them that comes to mind. So I am an environmentalist. I have been composting at home for years. I have an electric car. I push these policies on my school districts for LED lighting infrastructure. But I also, as a scientist, I'm a pragmatist.
- Darshana Patel
Legislator
We need to make sure our children can get to school safely as best as we can. The safest way is on a school bus. But if we prevent our school districts from being able to purchase and maintain school buses, that's going to be a greater challenge long term.
- Darshana Patel
Legislator
So I understand the needs to have this delay and it's very, very limited in scope. I see that the author has accepted many amendments from the Committee that restrict the scope of which districts can participate in these extensions. And I do appreciate that going forward. So I'm gonna leave it there. I hope we get there.
- Darshana Patel
Legislator
I really want us to get there. And I think that we can, but we need to make sure that we can get our kids to and from school safely. Additionally, one more thing before I wrap up this speech of mine. Sorry for this, but I do want to lay out why I'm voting the way I'm voting today.
- Darshana Patel
Legislator
We also have significant fire risks in some of our rural communities where the power is then shut off. And if there isn't a way to charge the buses, that creates additional challenges. The last thing we want to see happening is our buses being charged on a diesel generator because that defeats the purpose of having an EV fleet.
- Darshana Patel
Legislator
So I am looking forward to supporting continued research and support in developing our electric infrastructure and have already expressed my views to move this Bill.
- Robert Garcia
Legislator
I just want to say thank you, Ms. Soria. I appreciate you bringing this Bill. However, I do have concerns because I do feel that it rolls back our state's climate goals. You know, and I agree with you, that there are concerns regarding infrastructure right now.
- Robert Garcia
Legislator
But as your Bill would propose, what it would basically state would would be that my first grader, that we can't figure out the infrastructure right now, my first grader, until he is six years out of college. So I would definitely entertain this five years from now when it seems like we have a better handle of what our infrastructure needs are.
- Robert Garcia
Legislator
But at this time, I don't feel the need right now to push something out in an additional 10 years. So for that reason, I'll be voting no.
- Dawn Addis
Legislator
Yeah. I want to thank the author and the many authors that have come today to stand up for small school districts. And I know that you have a passion for small school districts and rural school districts and we share that very much.
- Dawn Addis
Legislator
I think we also share a passion for the environment and a sensitivity to want to wanting to get this right. And I want to recognize that transition to electrifying has been a bit rocky, it's been a bit challenging.
- Dawn Addis
Legislator
But I do want to call out, I think the biggest challenge right now is our federal Administration and the federal administration's rollbacks of environmental law, of requirements around vehicles, around air quality issues, around amplifying their desire to lean heavily into oil and gas.
- Dawn Addis
Legislator
I don't think that the biggest barrier is our small and rural school districts and the school buses that they have. And so that's why I'm going to support this Bill today as I really do think our school districts need help as we're going through this transition.
- Dawn Addis
Legislator
But I would really like to ask the author to please keep working with the opposition because as I say all that about the Federal Government, we still do have to move forward what we can in California and we still do have a lot of power to move good things forward and good environmental policy forward.
- Dawn Addis
Legislator
And so just would ask that you continue to work with opposition. And I'm going to support the Bill today and then continue to watch it as it moves towards the floor to see how this.
- Mia Bonta
Legislator
Thank you for bringing this forward and I certainly kind of sympathize greatly with the intent of this Bill and really appreciate the the testimony offered.
- Mia Bonta
Legislator
I did want to just have the author or perhaps you, you all speak to the opposition's point around essentially using actively the already existing exemptions that are in current law that would allow a school district to be able to make its case for why it should be exempted.
- Mia Bonta
Legislator
And why you all felt the need to be able to not go the route of just perhaps clarifying existing law so that school districts with the circumstances that Dr. Patel laid out would be able to take advantage of the already existing exemption.
- Kathy Spate
Person
I feel like I've been caught off guard because I'm not aware of exemptions that are available. But I do know one thing that is happening because of the for us, we can't even replace or get very easily CNG buses because manufacturers have started to not make them available. Diesel buses are no longer available here in California.
- Kathy Spate
Person
They are not building the California version of a diesel bus. We have an aging fleet and we have 40, you know, 46 CNGs. Want more CNGs. They're harder to get. There's not as much money support to bring CNG in. CNG is obviously something that is much cleaner.
- Kathy Spate
Person
But we don't have one route, not one route serving those 13 school districts that can be be done with an electric bus. We would have we have the land, we have the space, we have the ability to put the infrastructure in, but we don't have any routes that we could use them on, which is very sad.
- Kathy Spate
Person
They have a maximum mile capacity of about 125 miles. That's not even a morning route. So and the time between charging in the morning and in the afternoon, there's not enough sufficient time. We need two buses to do a half a route, to do the morning and the afternoon and only half of it.
- Kathy Spate
Person
And so based on that alone, I don't the technology in the electric buses. Let me just talk to you about how long my school district has been talking about electric buses. At least a decade. I've been on my board for 27 years. We've been talking about it since they first came on the market.
- Kathy Spate
Person
They have a mile capacity and that mileage capacity has not increased in that whole entire time. The technology has not improved. So on that I will stop.
- Mia Bonta
Legislator
Yeah, I appreciate that. And I do want to recognize, I'm not disputing at all that there is a gap between the existing technology and the requirements. I'm really just speaking to the fact that there is an already existing exemption that it seems like you all would. Would be able to.
- Esmeralda Soria
Legislator
Yes. So right now. And thank you. I know that it's a little frustrating because of what the shortage of bus of buses that they need right now. So right now there is an. You're correct, there is an ability to get an exemption.
- Esmeralda Soria
Legislator
But again that time is every year they have to do the reapplication. And what we are asking and what school districts are asking is that they need to, when they're making the procurement decisions, it needs to be a little bit more long term. And the one year. That's why we are expanding it from one to five years. That's our request.
- Esmeralda Soria
Legislator
It doesn't just do that. Then the second piece is the scrapping program which right now current districts, they get an EV and they get rid of their old bus. What school districts like Caruthers is struggling. The manufacturers are not making these buses anymore.
- Esmeralda Soria
Legislator
And so they have really old buses that they need to get rid of. But there are no manufacturers today in the State of California making these buses that they currently need until they're able to adopt the EV buses.
- Esmeralda Soria
Legislator
So what we're saying the second part of the Bill is allow those buses that are going to be scrapped by the San Diego Unified and allow these school districts to get those buses that are still good to be able to utilize so they can transport their kids. That's the other really important piece of this Bill.
- Esmeralda Soria
Legislator
Rather than just eliminating, you know, some decent buses that could be used by districts like Caruthers.
- Mia Bonta
Legislator
I appreciate the two provisions. Perhaps the opposition could speak to the exemption and whether there is application here that I am not fully understanding.
- Edson Perez
Person
Yeah, thank you Assemblymember for that question. So the existing exemption consists of potential exemption, initial exemption of five years after the deadline would kick in, which is 10 years from now. So districts that could qualify for this exemption wouldn't have to procure buses until 2040 and then after that they can apply for one year extensions.
- Edson Perez
Person
More than happy to work on that. But I think as was mentioned here before, even though the technology, it's been slowly evolving, now it's really kicking in, especially with bills like AB579 originally. So we do expect the technology to advance and I think it would make sense to maybe revisit this issue closer to the 2035 deadline that's in statute right now.
- Edson Perez
Person
In relation to the scrappage provisions. Those are some amendments that we were open to seeing. I think we're very open to those., those parts. What we really take issue with is the initial parts exempting whole parts of the state 10 years, 10 years from now.
- Edson Perez
Person
So that's, you know, 20 years for them to be brought onto the transition. And that's I think again disincentivize investment in these important parts of the states.
- Mia Bonta
Legislator
So just so that I'm understanding there's an initial exemption already of five years.
- Edson Perez
Person
Allowed. It depends district by district basis. It depends on the school district
- Mia Bonta
Legislator
So the school district can apply for a five year exemption and then thereafter they have to apply for a one year exemption.
- Unidentified Speaker
Person
If I may. The yes, there are. There is an existing waiver opportunity. It is a bit more nuanced and I think this is where a lot of the difficulty comes into it. The initial waiver is a single five year exemption that is applied for on a district by district basis.
- Unidentified Speaker
Person
It has to go before CARB and a few other entities which even if you can demonstrate and it is strictly on route and terrain inclusive difficulties that preclude the adoption of a zero emission bus. CARB has the discretion to grant you a waiver. It's not that they shall after that.
- Unidentified Speaker
Person
So starting in 2040, the only options that exist are for frontier LEAs which are very, very small. 600 or less or in very very sparsely populated areas. And that is they can go up for five single year exemptions which gets them to the 2045. So yes, there are options that they are only for route and terrain. They're not as expansive as they wouldn't take into account the difficulties around charging infrastructure.
- Unidentified Speaker
Person
If you have a grid operator that simply can't support the connections, maybe you have a local irrigation district with limited generation capacity or you might have a large area with power outages quite frequent in the mountains where there's fire danger that would not be covered under the existing waiver at all.
- Unidentified Speaker
Person
It's strictly route and terrain and certainly areas where there's flat and route concerns wouldn't necessarily have the terrain concerns to go with it.
- David Alvarez
Legislator
I do want to point out, and I'm glad the previous exchange talked about this, the issue of the, of scrapping old, old vehicles or old buses. Look places I used to sit on our transit system and I push very hard for electrification of vehicles in our transit system. It makes sense in San Diego. Makes total sense.
- David Alvarez
Legislator
There are places in the state where this doesn't make sense. And so as we are transitioning out in San Diego and some of our other urban areas throughout the state, the current law says you've got to scrap that vehicle. You can't just reuse it.
- David Alvarez
Legislator
That to me, as someone who believes that we should be environmentally friendly, scrapping something that is still has usable life seems like a oxymoron to say that you support strengthening our environment, but that means scrapping something that could be continued to be used.
- David Alvarez
Legislator
Some of the best lessons in recycling that I learned was as a kid being very poor, you reuse as much as you possibly can. And currently the law does not allow that to occur after the two year period. This Bill changes that. And so I think that has merit on its own.
- David Alvarez
Legislator
Not to mention the fact that there are districts that just got to be a realist. We have to start being real here in California, people. We just expect that everybody can do everything the same. Yeah, we're driving the market with this legislation so that the technology gets created.
- David Alvarez
Legislator
And we should do that in San Diego and LA and the Bay Area and wherever else we have this large centers of population where school districts are very, very urbanized and very, very small. Let's do that. But it doesn't make sense of all in all of California.
- David Alvarez
Legislator
And I do take offense to the fact that, you know, if you support this legislation, you're not being an environmentalist that you're supporting continuing to contaminate the air. I can tell you that this author cares a lot about the air quality in her district.
- David Alvarez
Legislator
And so when people say that this is going to harm people's health, you talk about someone who fought to reopen a hospital in her district to make sure people had access to health care. That's what we're talking about. So for those reasons, I urge us to support this Bill and I'll be voting aye.
- Al Muratsuchi
Legislator
Seeing no further questions or comments. Let me weigh in, Ms. Soria. Your Bill caused me a lot of angst because, you know, I mean, Mr. Garcia mentioned how it's going to set back many of our climate goals. I wrote some of those climate goals. And, you know, and I supported the Bill two years ago.
- Al Muratsuchi
Legislator
Just two years ago. Yeah. And at the same time, you know, I've visited some of our rural school districts. I remember when Megan Dahle was our Vice Chair, and she gave me a tour of school districts in Modoc, Siskiyou and Shasta, and I just could not see electric buses working in those communities.
- Al Muratsuchi
Legislator
And then, you know, but I still was thinking that, why do we need to revisit this just two years after Mr. Ting's Bill?
- Al Muratsuchi
Legislator
I hope Mr. Ting's not watching this. But, you know, the thing that convinced me that we have a real problem and that we need to help try to solve it is when I heard about, you know, I've heard many school districts talking about the difficulty and replacing their buses that are breaking down right now.
- Al Muratsuchi
Legislator
You know, the market, I mean, the success of the Ting Bill, of the Bill, the law that we passed two years ago, is that it sounds like it's already changing the technology. I mean, for better or worse, the better is that we're incentivizing the investments in electric buses.
- Al Muratsuchi
Legislator
The downside is that it sounds like diesel buses that meet California standards are no longer available. And so in the meantime, and it sounds like the CNG buses are becoming more and more difficult. And so how do we go into Dr. Patel's point?
- Al Muratsuchi
Legislator
How do we make sure that our school districts, you know, can meet their core obligation of getting their kids not only to and from school, but to and from sports events, sporting events, band, band events? And that's where I, you know, I mean, I really felt bad, you know, that we're revisiting this Bill that we just.
- Al Muratsuchi
Legislator
This law that we just passed two years ago. But I just felt that, you know, our core obligation is to make sure that our districts can get kids to and from school and all their activities.
- Al Muratsuchi
Legislator
And so I might be wrong in terms of, you know, I mean, if Members, I respect, if Members have difference of opinion on this measure.
- Al Muratsuchi
Legislator
But this is my best attempt to try to, you know, continue to support our efforts to, you know, phase out those diesel buses to make sure that all kids have, you know, the benefits of clean air, but at the same time, allowing districts to meet their core obligations. Ms. Bonta.
- Mia Bonta
Legislator
Thank you, Chair, for being explicit about the struggle that you had with this particular Bill and for allowing us the opportunity to just have to struggle with it for a few minutes.
- Mia Bonta
Legislator
I just want to go back foundationally to the point that Assemblymember Garcia raised. And, and the idea that we are trying to create baseline that applies to the whole in order to be able to accommodate these very important and perhaps likely smaller portion of the overall market seems to me backwards a little bit.
- Mia Bonta
Legislator
And so I believe that the requirement commencing January 1, 2045, that 100% of all newly purchased or contracted school buses of all LEAs to be ZEVs, that's extending a timeline far beyond what we actually need to for others, especially when we do have an exemption process in place that these school districts have the ability to take advantage of.
- Mia Bonta
Legislator
So I struggle with kind of creating in the face of a very, you know, a law that is still a baby in terms of implementation, something that essentially kind of like says that we're doing away with that exception. I don't think it's not being practical.
- Mia Bonta
Legislator
I think it's being clear that we are sending a very strong market signal and slowing down our efforts to really be able to push forward in the way that we need to by extending that timeline.
- Mia Bonta
Legislator
And it feels to me a little bit like we are allowing the tail to wag the dog with that particular component to it.
- Mia Bonta
Legislator
So I want to just ask the author, as you are moving forward this Bill, and this will essentially kind of determine whether or not I will be able to support it today: are you open to looking at that particular extension that is a blanket extension that applies to all school districts and perhaps making amendments as it moves by 2045?
- Esmeralda Soria
Legislator
So I did take amendments, and we actually narrowed the Bill significantly. It does not apply to all school districts. It only applies to those small and rural. And actually, we had a long debate about that. And so that really narrows the number of school districts that can actually attempt to apply for the waiver.
- Esmeralda Soria
Legislator
And again, the waiver is not guaranteed. You know, so there's still the powers to be that can say no. But I. I do think that another point to be made is that for fleet planning, they can't just do it from year to year. These school districts, they take a long time to do their fleet planning.
- Esmeralda Soria
Legislator
And so that's why we were asking for the additional time. But again, it's not a guaranteed waiver.
- Mia Bonta
Legislator
Five years plus. I just want to clarify, because the amendments that I'm looking at here essentially have this bulleted out, and it's not necessarily applicable. So just to the Chair and Committee, we're clarifying that this is for small and rural school districts.
- Al Muratsuchi
Legislator
Yes. But any, any district can apply for a waiver in the meantime.
- Robert Garcia
Legislator
Okay, and point of clarification, how many school districts or what percentage of school districts would that apply to?
- Al Muratsuchi
Legislator
Okay. But it's, but in terms of the actual number of students impacted, it's I think it's 6%. So 6% of the statewide ADA, but about almost half of school district would peak.
- Robert Garcia
Legislator
Yeah, I was just going to add. That, you know, I understand 6%, that still covers a large area where these will be on the road, you know, impacting our environment. Yeah.
- Al Muratsuchi
Legislator
Yea again, I, you know, I mean, I would invite anyone, you know, to go visit Modoc and Siskiyou and see if EVs can work out there. I hear what the sponsor of the original law, you know, is talking about the waiver process.
- Al Muratsuchi
Legislator
The other consideration that I did have, which Ms. Soria, you know, argued very effectively, is, you know, when I visited those counties, Shasta, Modoc and Siskiyou, I mean, those districts are so small that the super, they don't have like, you know, staff people to write like, you know, grant applications.
- Al Muratsuchi
Legislator
You know, a lot of times their Superintendent, when their bus driver is sick, the Superintendent is driving the bus, you know, and so we're talking about, I mean, I'm, you know, I don't know if folks know what Little House on the Prairie is, but you know, my baby boomer generation there.
- Al Muratsuchi
Legislator
But yeah, it's, yeah, it's that kind of a scenario where you got people that don't have a lot of staff, you know, resources to be, to be able to apply for these waivers that, that also weighed in my consideration. But then again, you know, I mean, Ms. Bonta, I respect your pushing back.
- Al Muratsuchi
Legislator
Mr. Garcia, I respect your pushing back. I. This was my best attempt at trying to, and this is going to be, you know, continue to move forward. But, you know, people should vote their conscience.
- Al Muratsuchi
Legislator
You know, I know I have a do pass recommendation and Ms. Soria may not appreciate my saying this, but I think people, as always, people should vote their conscience. Yeah, yeah.
- Al Muratsuchi
Legislator
,Yeah, okay. So seeing no further motions made and seconded. Ms. Soria, would you like to close?
- Esmeralda Soria
Legislator
Yes. Thank you. Again, Mr. Chair, I do want to thank all of the Committee Members, the opposition. Thank you for the robust debate. And you know, I want to again affirm my commitment to continue working, not just on this Bill, but also on helping these communities to meet the goals.
- Esmeralda Soria
Legislator
Because that's what I'm going to do in the next, you know, 10 years as I sit here and represent these communities to make sure that not only we support the Bill, but that we are very focused on working, that they have the resources so that they can get there.
- Esmeralda Soria
Legislator
So that's also my commitment that I want to make sure. Because I, I too am an environmentalist. But believe it or not, and again, what this Bill is, is not trying to do is to undo the work that has been done, which is to reduce the emissions of California school buses. I share the same goals when I pressed the green button and voted for this Bill.
- Esmeralda Soria
Legislator
But I also recognize, and I think that it is important for us to recognize when sometimes things don't work as we think that they're going to work, and that it's our responsibility to come back to the Legislature and say, like, hey, we need to tweak things a little bit. And that's what we're doing here today.
- Esmeralda Soria
Legislator
We're providing, we're tweaking current policy to allow and give these school districts a lifeline so that they can continue to educate our kids, our kids, which is what they are charged to do. And so today, you know, I really think that this is an important piece of legislation for the districts that I represent.
- Esmeralda Soria
Legislator
Some districts that I would like also to benefit, like I, I spoke to you about my sister serving on the Lindsay school board district wanting. They wouldn't be able to probably benefit from some of this piece of legislation, but I think that there would be many districts like Caruthers that will, will benefit.
- Esmeralda Soria
Legislator
So today, I respectfully ask for an aye vote. And again, we'll continue to work with all of you and with opposition to make sure that we are able to get to a good place. Thank you.
- Committee Secretary
Person
File Item 24 AB 1111. The motion is do pass as amended to Transportation.
- Al Muratsuchi
Legislator
Seven to one, the Bill is out. All right, I see. Mr. Gabriel, right? Yeah. And I know Dr. Rambula has been sitting patiently, but, yes, Mr. Gabriel did sign in ahead of you. So this is File item number 27 AB 1264.
- Jesse Gabriel
Legislator
All right. Good afternoon, Chair and Colleagues. I want to start by thanking the Chair and the Committee for their thoughtful feedback and assistance on this Bill. Colleagues, I'm pleased today to present AB 1264, first in the nation bipartisan legislation that would phase out particularly harmful ultra-processed foods from school meals in California by 2032.
- Jesse Gabriel
Legislator
In recent years, doctors and scientists have increasingly warned us about the negative health consequences of ultra-processed foods. These products are often filled with harmful additives and specifically engineered to interfere with our brain signals, in ways that can contribute to food addiction. The science is clear.
- Jesse Gabriel
Legislator
Consumption of ultra-processed foods is a leading driver of poor health outcomes and rising health care costs. 73% of U.S. adults are overweight or obese, and 38% of American children are pre-diabetic. Diet-related diseases are now the leading cause of death in the United States.
- Jesse Gabriel
Legislator
Ultra-processed foods have been linked to serious health harms including cancer, cardiovascular disease, Type 2 diabetes, metabolic disorders, reproductive harms, and neurobehavioral issues in children. This Bill is based on the commonsense premise that our public schools should not be serving students products that can harm their physical or mental health, or interfere with their ability to learn.
- Jesse Gabriel
Legislator
This Bill would achieve this goal in two simple steps. First, it would establish a first ever statutory definition of what qualifies as an "ultra-processed food."
- Jesse Gabriel
Legislator
Second, it would direct state scientists, working in cooperation with leading experts from the University of California, to identify a subcategory of particularly harmful ultra-processed foods that should be phased out of school meals by 2032.
- Jesse Gabriel
Legislator
State scientists would be charged with determining whether a product meets that definition of "particularly harmful," by considering factors such as whether the product includes additives that are banned or restricted in other jurisdictions, whether products are required to include a warning label, whether the products or ingredients have been linked to harm such as cancer, cardiovascular disease, or metabolic disease, whether the product contributes to food addiction and whether it has excessive fat, sugar, and salt.
- Jesse Gabriel
Legislator
This year, California is projected to serve over 1 billion school meals. So, changing what we serve in our public schools is an incredibly powerful way that we can make a difference in our children's physical and mental health. This Bill continues California's national leadership on food safety and school nutrition.
- Jesse Gabriel
Legislator
Last session, Governor Newsom signed into law two bipartisan, first in the Nation, measures bannering dangerous chemicals and synthetic dyes in school meals. These measures inspire nationwide changes, with the FDA subsequently banning two of these chemicals, and more than 20 states introducing similar versions of our Legislation.
- Jesse Gabriel
Legislator
AB 1264 continues that leadership with the same bipartisan, common sense, science-based approach that has defined our work. This Bill is supported by a broad coalition that includes the Environmental Working Group, Consumer Reports, the American Academy of Pediatrics, the American Academy of OB/GYNs, the American Diabetes Association, and the California School Employees Association, among others.
- Jesse Gabriel
Legislator
I'm very pleased to have with me today to testify in support of the Bill, Dr. Ashley Gearhardt, a Professor of Psychology at the University of Michigan, and Nora LaTorre, the CEO of Eat Real. Thank you and I respectfully request your "Aye" vote.
- Ashley Gearhardt
Person
Good afternoon and thank you for the opportunity to speak with you today. I'm Dr. Ashley Gearhardt, a Professor of Psychology at the University of Michigan and Director of the Food and Addiction Science and Treatment Lab.
- Ashley Gearhardt
Person
I've published over 190 peer reviewed articles, and I am rated in the top 2% of scientists in the world, based on the impact of my research. I'm here today because the science is clear. Many ultra-processed foods and beverages are not only unhealthy, they are addictive.
- Ashley Gearhardt
Person
Ultra-processed products are now the primary source of calories for most American children, despite being bad for their health. A pooled meta-analysis of over 9.8 million participants found that ultra-processed foods and beverages are strongly implicated in over 30 health conditions, including non-alcoholic fatty liver disease, diabetes, and depression.
- Ashley Gearhardt
Person
Hundreds of studies also show that these products hijack the brain's reward system, driving people, especially children, to consume more than they want or need. This is great for corporate profit but devastating for public health. We've seen this playbook before. The same companies that engineered cigarettes for addiction bought up ultra-processed food companies in the 70s and 80s.
- Ashley Gearhardt
Person
They used the same tactics in our food supply. They added flavor chemicals from cigarettes to sugary drinks for children. They designed foods to hit bliss points and maximize craving, and they aggressively marketed these products to kids. The result? Nearly one in seven adults and one in eight children show signs of addiction to ultra-processed food.
- Ashley Gearhardt
Person
This is linked not only to obesity and diabetes, but to mental health and conditions like depression, anxiety, and ADHD. Children's brains are especially vulnerable, yet we fail to protect them. If we truly care about children's health, we must treat ultra-processed food like the public health threat that it is.
- Ashley Gearhardt
Person
This means removing it from schools and putting real nourishing food first. AB 1264 is a bold and necessary step toward achieving that future. Thank you for your time.
- Nora Latorre
Person
Wonderful. Hi, I'm Nora LaTorre, CEO of Eat Real, which is a doctor-founded nonprofit. We're on track to reach 1 million children in 20 states nationwide. Here in California, our K-12 cafeteria certification program reaches 300,000 students, in over 500 schools.
- Nora Latorre
Person
Our work proves that, not only is it possible for schools to feed our kids nutritious, local, and minimally processed meals, but our kids prefer it, and they need it. Did you know that 67% of children's calories today are ultra-processed calories? Kids eat more than a bathtub of added sugar per year.
- Nora Latorre
Person
Our food system is failing our kids. A way to fix this? School meals. In California alone, 1 billion meals are served to kids through schools. Schools are the largest fast food restaurant chain in America. They serve kids very quickly. They serve—they have more locations than Subway, Starbucks, and McDonald's combined.
- Nora Latorre
Person
AB 1264 is feasible, possible, and it's a critical step forward. For example, let's look at the third largest district in California, Fresno Unified, with 70,000 students at over 100 schools. With our support, half of their produce is now local. They reduced sugar. They added regenerative local beef and chicken.
- Nora Latorre
Person
And it's not just variety, it's delicious—pozole from scratch, the buffalo chicken salad of my dreams, and turkey and gravy that rivals your favorite Thanksgiving meal. This change is happening across the state from Fresno to Tahoe Truckee, Sacramento, San Luis Coastal, North Monterey, South Monterey, San Juan Capistrano, Morgan Hill Unified. Red, blue, purple areas.
- Nora Latorre
Person
They're proving that this is possible and it's a better business model for schools. Schools can actually make more money and reinvest that into the schools by serving real and less ultra-processed foods. When change happens in the cafeteria, change happens in the classroom.
- Nora Latorre
Person
Teachers report better focus in math and research shows improving nutrition for kids improves educational outcomes. More delicious real food at school is the fastest, most effective way to help children learn and achieve their future. We know that implementing AB 1264 is possible because we are already seeing it in districts we work in across the state.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the Bill, please come forward.
- Ryan Spencer
Person
Ryan Spencer, Path Environmental Working Group, sponsors of the measure, the California Pediatric Medical Association, and the Crohn's and Colitis Foundation, all in support. Thank you.
- Kristin Zellhart
Person
Kristin Zellhart. I'm a mom and I'm an expert in nutrition. Work for Eat Real, a public health nonprofit, and I'm strong support. Thank you.
- Cassie Mancini
Person
Cassie Mancini, on behalf of the California School Employees Association, in support.
- David Bolog
Person
David Bolog. Always thrilled to support one of Assemblymember Gabriel's food bills. Thank you, sir.
- April Robinson
Person
April Robinson with A Voice for Choice Advocacy. In strong support of this Bill. Thank you.
- Andrew Antwih
Person
Madam Chair, Members—or Mr. Chairman and Members—Andrew Antwih with Shaw Yoder Antwih Schmelzer & Lange, on behalf of the office of Kat Taylor, in support.
- Miguel Villarreal
Person
Mr. Chair and Members. Miguel Villarreal, currently the Co-Executive Director for the National Farm to School Network, and more importantly, a four-decade School Food Service Director that worked—trying to eliminate highly processed foods in schools. And so, this Bill is going to help many schools at a time when we didn't have that legislation in years past.
- Michael Jochner
Person
Michael Jochner, father, and I'm the Nutrition Director for Morgan Hill Unified School District and Eat Real Certified Green District, in support. Thank you.
- Al Muratsuchi
Legislator
Seeing no further public comments in support. Any witnesses in opposition, please come forward.
- Dennis Albiani
Person
There you go. Dennis Albiani, on behalf of Consumer Brands Association and several agricultural entities. We apologize—didn't get listed on the analysis but we won't go through that—there's a whole list.
- Dennis Albiani
Person
We unfortunately must oppose SB 1264 as written and actually, have some ideas on how to redo this and make it work in schools and provide healthy foods. There is a definition of ultra-processed and under the Biden Administration, the Dietary Guidelines of American Advisory Committee determined that it is impossible. They could not do it at this point.
- Dennis Albiani
Person
I guess impossible maybe a stretch. They cannot define ultra-processed. This will be the first time if—when this Bill passes, if it does—that that ultra process will be defined and codified in law. And so, it is—it includes—and let me just go through some of the examples that are ultra-processed.
- Dennis Albiani
Person
Baking soda and cornstarch are considered emulsifiers and flavoring agents. Milled rice is a stabilizer and thickener, baker's yeast, even egg whites. And then, when you go into inclusion of non-nutritive sweeteners—would mean that any low or no calorie food would automatically be considered UPF, under this definition.
- Dennis Albiani
Person
And that would obviously impact—negatively impact—efforts to facilitate the reduction of added sugars in the diet and healthy eater eating—eating patterns. Then, the Bill further defines "Particularly Harmful UPF." Well, this is obviously kind of an inflammatory term. The Bill creates—basically places a scarlet letter on all UPF foods.
- Dennis Albiani
Person
And when, some of that as we just listed, some of that may be justified and some of that would not be justified, but all foods are put—contain the existing scarlet letter. The Bill then, is structured—the Bill currently drives these FDA-approved ingredients to be—fall under OEHHA review and are banned.
- Dennis Albiani
Person
The Bill only provides six months for this thorough scientific review, which would be very—to also draft regs and do the review, by the way.
- Dennis Albiani
Person
And there is an existing program at DPH, and that does this exact—they review ingredients for safety and the petitioners could petition that and they come up—and it was actually used for the synthetic dyes previously.
- Jimmy Fremgen
Person
Good afternoon, Mr. Chair and Members and Mr. Gabriel, it's a pleasure to see you. As a former Committee Consultant and School Teacher, I'll try to make this quick because I'm long suffering, as well. Jimmy Fremgen, with Food Solutions Action, and the nature of my opposition is quite different than Mr. Albiani's.
- Jimmy Fremgen
Person
Food Solutions Action is a charity, that is now a trade association, that represents the interests of the alternative protein technology and the opportunity to advance that technology, within California, to meet our climate and food security goals.
- Jimmy Fremgen
Person
Unfortunately, AB 1264, as drafted, I think, has the right intention and, as I said, as a former teacher, certainly support it, if it were drafted in a way that did not accidentally paint with a brush broad enough to include companies up and down the state, that are actually considered to be healthier than a lot of their traditional counterparts, and are endorsed by a lot of the folks that endorse this legislation as well.
- Jimmy Fremgen
Person
I certainly don't think it's Mr. Gabriel's intention to outlaw products that have been supported by the American Heart Association, or the American Diabetes Association, and we are looking to work with the, excuse me, to work with the author to take amendments that would address those concerns and invite Mr. Gabriel and the Members of the Committee to come tour the facilities that are everywhere from Alameda to El Segundo. Thank you.
- Al Muratsuchi
Legislator
Thank you. Public comments in opposition, please come forward.
- Elizabeth Esquivel
Person
Good afternoon. Elizabeth Esquivel with the California Manufacturers and Technology Association, and also on behalf of The California Chamber, we're respectfully in opposition.
- Katie Davey
Person
Good evening. Katie Davey, with the Dairy Institute of California. We are respectfully opposed.
- Margie Lie
Person
Margie Lie, Sampson Advisors, on behalf of the California League of Food Producers, in respectful opposition.
- Al Muratsuchi
Legislator
Seeing no further public comments in opposition. Bring it back to the Committee. Oh.
- Lee Reid
Person
Sorry. I'm a tweener, but as the actual only person representing school districts, I thought it'd be important to speak, on behalf of the California school—Lee Angela Reid, on behalf of the California School Nutrition Association, the school food service directors who are going to be doing all of this, that everyone has ideas for.
- Lee Reid
Person
We have been working very closely with the Assemblymember and his staff on this Bill. We are not—we would like to get ultra-processed foods out, as quickly as possible, out of our programs. But we have to do it within the parameters that we operate. They've been working with us to do that.
- Lee Reid
Person
We look forward to the Bill moving forward. We think, just as we made last year's Bill be something that we could do together, we look forward to that being the same case here.
- Al Muratsuchi
Legislator
All right, thank you. I appreciate your perspective. Motion's been made. Did I hear Mr. Lowenthal? Is there a second? Questions? Comments? No?
- Leticia Castillo
Legislator
Hello, everyone, and I want to thank the author for bringing this Bill forward. I think we can all agree that we—and we all want our California youth to be happy and healthy, right? Especially in schools, a child's nutrition can directly impact the way they learn and grow, and it's essential to provide healthy meals for that.
- Leticia Castillo
Legislator
Nevertheless, I feel that the language in this Bill is too broad and the definition of "harmful ultra-processed food" will exclude too many products on the market. According to industry stakeholders, chocolate milk could even be on the chopping block of foods designated as ultra-processed.
- Leticia Castillo
Legislator
This could result in a reduced food variety and increased costs to schools and—and the state. Instead of cutting out certain foods, I would encourage the consideration of focusing on nutritional standards in the school programs instead.
- Leticia Castillo
Legislator
Overall, I'm in complete support of the intent of this Bill, and I would like to see how it develops, in order to resolve the concerns presented by the industry stakeholders. And for these reasons, I will not be voting on this measure today. Thank you.
- Darshana Patel
Legislator
Thank you for bringing this Bill forward. As a School Board Trustee, I've been saying this all day, this is an issue that has been brought forward by community members in my school district year after year, after year.
- Darshana Patel
Legislator
One of the challenges we face in some of our school district communities is that we're concerned around our facilities' infrastructure for, you know, we don't have prep kitchens, we don't have scratch kitchens. What is the plan to help districts transition to those kinds of facilities? Infrastructure upgrades like these are very costly.
- Darshana Patel
Legislator
I have seen, as a School Board Trustee, at annual education conferences some amazing innovations that local districts are doing, in having on-site school gardens and container farming and bringing those produce items, those fresh produce items, like the Farm to Table Farm to School Network has described.
- Darshana Patel
Legislator
So, I am very supportive, in general, of improving nutritional quality for our children. I would even love to get to primary foods at some point. Right? But it just the amount of time schools have to serve foods and the infrastructure and facilities that we have, I'm just concerned at the feasibility.
- Jesse Gabriel
Legislator
Yeah. Thank you so much, Assemblymember. I think it's an excellent point and I always appreciate the experience you bring here as a Trustee and someone who did the work on the ground and is thinking about these issues.
- Jesse Gabriel
Legislator
I'll give you my short synopsis of it and then I want to turn over to our witnesses to talk about it. My take on it is that, if done right, and if this Bill is going to, you know, cross the finish line in the, in the manner that we intend, none of that is going to be necessary.
- Jesse Gabriel
Legislator
We don't see this requiring big facilities upgrades. We don't see this requiring a lot of new staff. Our thought process here, and maybe I can walk folks through the Bill a little bit, is there's, there's a category of processed foods, which is a lot of things that Mr. Albiani described.
- Jesse Gabriel
Legislator
Beyond that, there is what would be defined as ultra-processed foods. And then, the top category, which the Bill would define, or state scientists would define, is particularly harmful ultra-processed foods. So, this is the worst of the worst.
- Jesse Gabriel
Legislator
So, we are talking here about foods that includes chemicals and as laid out in the Bill, that are linked to cancer, by peer-reviewed scientific research, that are linked to behavioral issues in children, that are linked to other chronic health diseases.
- Jesse Gabriel
Legislator
And so, what we would be looking to, is maybe sub from one brand of applesauce to another, or from one version of a product to another version of product.
- Jesse Gabriel
Legislator
So, we're not talking—I think all of the conversations we're having in the state, I'm fully supportive of them, of the things you've discussed, with bringing in more organic foods and having opportunities for kids to cook in schools and do all that, that is a little bit beyond the scope of this Bill. We are talking more about how do we get rid of these worse products.
- Jesse Gabriel
Legislator
And just, just to your comments, Ms. Castillo, if I may, Mr. Chair—you may have heard the Chair made a joke about Skittles when I walked in.
- Jesse Gabriel
Legislator
And that was because two years ago, when I introduced the first Bill, the California Food Safety Act, a bunch of folks sitting on the other side of the table said we were going to ban Skittles and we were going to ban ketchup and we're going to ban all of these common ingredients.
- Jesse Gabriel
Legislator
And it turned out that none of that happened, and that a lot of that was hyperbole, and that a lot of that was mischaracterization of what the Bill would actually do.
- Jesse Gabriel
Legislator
And in fact, after we passed the California Food Safety Act that banned those four ingredients, the FDA then acted almost immediately on two of them, brominated vegetable oil, which had been outlawed in other countries since like 1975.
- Jesse Gabriel
Legislator
So, I want to promise you, this is not a Bill that's going to make it impossible to serve chocolate milk in schools in California. It's not going to ban common foods, or any of these things that people may be misrepresenting here.
- Jesse Gabriel
Legislator
This is about products out there on the market that include some of the most dangerous chemicals, many of which are outlawed in other countries.
- Jesse Gabriel
Legislator
They cannot be placed in foods in the EU, they cannot be put in foods in Latin America, they cannot be put in foods in South Korea. Saying we shouldn't be serving our kids schools with those chemicals, knowing that it causes them harm. So that, I think, is the broader sort of philosophy of this Bill.
- Jesse Gabriel
Legislator
It's not about all of these things that I'd love to do if we had endless budget dollars, but we don't. But let me, let me also offer, if my witness wants to chime in, on what you've seen in schools that have actually made the transition along the lines that we're discussing.
- Nora Latorre
Person
Thank you. So, at Eat Real, we help schools become the best restaurant in town, and we actually work with over 500 schools across the state with all different types of kitchen infrastructure, and we've been able to see that they are able to make the changes and make, make upgrades quickly.
- Nora Latorre
Person
And they partner, and we partner, with their suppliers. And so, we have dozens of examples of schools partnering with their suppliers to ask for those higher quality, safe products and ingredients, for their students. And suppliers respond and they're able to innovate. They're able to innovate quickly.
- Nora Latorre
Person
It's already happening in areas throughout our entire state, which is really powerful. I will add that, not only is it possible for suppliers to innovate quickly, it's a better business model for schools.
- Nora Latorre
Person
Schools—one of our school districts who's here, Morgan Hill Unified, actually went from being $700,000 in the red, to having $3 million in the bank in the black, operating in the black, as they move from ultra-processed food towards more real food.
- Nora Latorre
Person
And so, we know that it's actually win, win, win for children's health, for the economics of the local school, and for the local suppliers and farmers keeping those school restaurant dollars local. And so, we know that we are able to move from ultra-processed food to safer, healthier, delicious options for our kids. And it's happening throughout our great state.
- Darshana Patel
Legislator
And I'm assuming that you're sticking to our nutrition standards while we're talking about healthier options too?
- Darshana Patel
Legislator
Making sure we're covering all our bases. And as far as the disconnect between what our agencies are describing as harmful foods, and what we're hoping our California State scientists will determine are harmful chemicals, what are some examples of these disconnects?
- Darshana Patel
Legislator
You talked about the brominated oil as one. What are some other disconnects that we're hoping to flush out?
- Jesse Gabriel
Legislator
So, and thank you for that question, and this was part of the conversation we had around the California Food Safety Act, which we passed with bipartisan support, and then, the California School Food Safety Act that we passed to get the food dyes out of schools last year, that we passed 70 to 0, off the Assembly floor.
- Jesse Gabriel
Legislator
There is, for a lot of different historical reasons, and I don't know if Mr. Faber from the Environmental Working Group wants to talk about this. The United States is oddly a global outlier in food safety. There are tons of chemicals that are allowed to be used.
- Jesse Gabriel
Legislator
And I didn't know anything about this before advocates came to me, and it honestly blew my mind that there are all these chemicals that are somehow allowed to be used in foods in the United States, that are not allowed to be used in dozens and dozens of other countries around the world. And it was crazy.
- Jesse Gabriel
Legislator
I said, so you're telling me that this chemical can't be used in Sweden and South Korea and Saudi Arabia, but somehow, it's allowed to be used in foods here in the United States?
- Jesse Gabriel
Legislator
And a lot of that has to do with something called the GRAS loophole, the Generally Recognized as Safe loophole, that the FDA—where it allows companies to self-certify that an ingredient is safe. So, the companies are policing themselves. And it was just this really crazy moment to me.
- Jesse Gabriel
Legislator
So, when we did the food dye bill last year, and part of the reason we've asked OEHHA, the state scientist to do this, we put money in the budget a couple years ago, other members, before I was elected, had raised this issue and we asked state scientists, we said, you don't have a dog in the fight, you're just scientists.
- Jesse Gabriel
Legislator
Go look at the data, go look at the research, look at the peer-reviewed studies and tell us what you come back with. They looked at all the human studies, they looked all the animal studies, and they came back and they said the food dyes contribute to neurobehavior problems in children. There's really clear evidence of that.
- Jesse Gabriel
Legislator
They interfere with children's ability to learn, and that's true of all children and particularly, acute of children with ADHD. And that really spoke to me, as someone who struggled with that, which all of you have seen, as with a child who struggles with that. They were very clear in their determination.
- Jesse Gabriel
Legislator
We said the state scientists looked at all the evidence. So, what we're going to ask them to do here is to—they don't need to redo the research. We're not asking them to go into a laboratory.
- Jesse Gabriel
Legislator
We're saying work with folks at UC, look at the body of the science that's out there, and then come back and tell us, as experts, what are the most dangerous things out there. And I'll point you, Dr. Patel, to the letter from the American Academy of Pediatrics.
- Jesse Gabriel
Legislator
They say here, in the second paragraph, there is an overwhelming scientific consensus. So, we think the science is there, the data is there, the research is there, and it's just about taking that next step as policymakers, to make sure that we're protecting our kids.
- Darshana Patel
Legislator
Final question and then, I'll hand it over to my colleagues. As we look at improving our menus and our options and the ingredients in our children's food, are we keeping an eye towards culturally-inclusive and culturally-responsive menus?
- Darshana Patel
Legislator
A lot of the community members in my community, the ones that have approached on school nutrition, have remarked that vegetarian options don't need to look, taste, or smell like meat, that they are okay with their vegetarian food being vegetarian, while still including a high protein content, which helps with our children with ADHD We know that, you know, for that—those calories to be digested over a slower time period.
- Jesse Gabriel
Legislator
I think that's an excellent point and I'd be happy to work with you to actually incorporate language like that. This is why we have committees and we're in the first one, and I would— I think it's an excellent point. And If I may, Mr. Chair, I just want to turn it over to Dr. Gearhardt, who came out here from Michigan, to maybe talk a little bit about the science and how you've determined some of this.
- Ashley Gearhardt
Person
Absolutely. So, you know, we've been really intrigued by the fact that many ultra-processed foods, you reference speed and that's a really huge part of it.
- Ashley Gearhardt
Person
When we look at things like sugar, that might be in an apple or a banana, often in the ultra-processed versions, they're just stripped down and they're giving this high dose of really rewarding sugar, combined with fat in a way that we don't see in nature, and then delivering it so rapidly into the system.
- Ashley Gearhardt
Person
And then many of the flavor enhancers and additives that were developed from the tobacco literature and in the tobacco companies have been actually placed into those flavor enhancements, in the context of things like children's sugary sweetened beverages.
- Ashley Gearhardt
Person
So, when we look at this whole package, it's all been optimized in a way that really activates your dopamine system and just makes you want more and more and more. And for kids, that's really just not great for their mental health, their ability to concentrate, their ability to do their best in schools.
- Ashley Gearhardt
Person
So, we're really excited about the possibility of making sure our children are as nourished as possible.
- Mia Bonta
Legislator
I want to thank Mr. Skittles for bringing forward. He hates that so much. I'm going to—there go all my budget asks. Sorry.
- Mia Bonta
Legislator
Thank you. Thank you. I appreciate that. I have two areas of just inquiry. One is around the timelines, or the sequencing of the timelines, that you've set out here.
- Mia Bonta
Legislator
And then, the second is to perhaps offer you an opportunity to respond, specifically, to the, perhaps, unintended consequence of including alternative proteins in this measure. So, 2026, OEHHA needs to adopt—by 2026, OEHHA needs to adopt regulations. By 2028, schools need to begin to phase out particularly harmful UPFs.
- Mia Bonta
Legislator
And then, by 23—2032—vendors will be prohibited from offering particularly harmful UPFs to schools.
- Mia Bonta
Legislator
Given—I think you were here for a good portion of our conversation on zero emission vehicles, which was basically asking schools to do something prior to the technology and infrastructure really being in place—this Bill, as it's lined out now in terms of these deadlines, would potentially do the same.
- Mia Bonta
Legislator
We are asking schools to do something, working with vendors who actually aren't compelled, or required, to provide those non harmful UPF products prior to, until significantly after the timeline, we're asking schools to do it. Have you—in setting these timelines, did you contemplate that potential miss sequencing?
- Jesse Gabriel
Legislator
Yeah, it's a great question, and I will just say, broadly speaking, our goal has always been to craft legislation that is workable, that is implementable, that takes into the needs of our schools, of the employees there, of the school nutrition directors.
- Jesse Gabriel
Legislator
And that's why we will lean very, very heavily on their guidance and their council, and also on the needs of industry. And actually, as we have worked several of these other, these other two bills through the process, we have delayed implementation, because we have not wanted to pull ingredients off the shelf.
- Jesse Gabriel
Legislator
We've not wanted to ask people to, we—I don't believe it's, it's responsible to craft legislation that asks people to do things that are not possible. And so, we want to be very sensitive to all of that in the way that we do that.
- Jesse Gabriel
Legislator
We have not had the opportunity to have the really robust conversations with all the stakeholders yet. We've had some initial conversations, but to get into the weeds on all of it. So, I'm happy to have conversations with folks, figure out what makes sense, from everybody's perspective.
- Jesse Gabriel
Legislator
I will say, it was interesting to me when we passed our Bill with the food dyes. We gave a very long runway for folks to phase that out. And when West Virginia just did it a few weeks ago, they asked the industry to do it right away.
- Jesse Gabriel
Legislator
And that was led by Republicans in West Virginia, who are normally very sensitive to business industry concerns. But I think part of what motivated them to give a short timeline, which is an important point here, is that these products are already reformulated in other countries. So, we're not asking the industry to come up with a new recipe.
- Jesse Gabriel
Legislator
We're not asking them to figure out some new way to make the same thing.
- Jesse Gabriel
Legislator
We're saying just take the recipe you already use in the United Kingdom, take the recipe you already use in South Korea, which is virtually the same product, but without one or two harmful additives, or without this color, or without this thing, and give us—give our kids the same level of protection that kids in these other countries are getting.
- Jesse Gabriel
Legislator
So, we—you have my firm commitment to work with folks, to talk to folks, to try to make this as implementable, you know, implementable in a way that really works for everybody. We don't want to put unnecessary burdens on our schools and our service workers, and we know that they already have a lot of burdens on them.
- Jesse Gabriel
Legislator
So, we are, you know—appreciate you flagging that and happy to have that conversation. We will try to make sure to do that.
- Mia Bonta
Legislator
Yeah, I will be supportive of this Bill today, but will look forward to, perhaps, having these timelines really reflect the specific use case of, of schools with a lot of different—elementary, middle, high school, across all of the different profiles—that we've spoken about endlessly today, in a way that ensures that we actually have the ability to address the need.
- Mia Bonta
Legislator
And, and—my hope is that we are forcing and looking to the vendors first, to be able to push products forward, that would ensure that we have healthy foods moving forward, as opposed to requiring the schools, who are already so burdened, to have to essentially kind of be the market signal that they need to be, in order to be able to make that difference.
- Jesse Gabriel
Legislator
I think it's an, it's an, it's an excellent point. And I will add, one of the things I've learned in working in this is that there are many product—many commonly marketed products—already are selling a different version into our schools than they are in a convenience store.
- Jesse Gabriel
Legislator
So, if you walk into a convenience store and pull a bag of chips off of the shelf, if that is being sold in a vending machine in a school, it's already a different version because it already—the one it's sold in the convenience store does not comply with the nutrition standards, you know—the basic sort of federal and California nutrition standards, in terms of having nourishing ingredients.
- Jesse Gabriel
Legislator
So, schools are—a lot of these vendors are already making a different version of their products to sell into the school market. But I think your suggestion to us, that we work with the vendors first and make sure that is set, is a very well taken one.
- Jesse Gabriel
Legislator
And then, I also realized I didn't respond to your question about the alternative proteins. This is the first I've heard of that. This is why we have Committee. Happy to work on that issue. Happy to talk to folks and see what we can figure out there.
- David Alvarez
Legislator
Thank you. I'm going to try to be very brief. I know—I recognize the hour. And we have several bills left. So I will just align myself with the comments of Ms. Banta on the timeframe.
- David Alvarez
Legislator
So, I will just align myself with the comments of Ms. Bonta, on the timeframe.
- David Alvarez
Legislator
It looks a little bit tight, in terms of being able to get us there. I have some remaining concerns that the language gives this authority to OEHHA, the Office of Environmental Health Hazard Assessment, based on any number of factors to determine, and I'm not sure whether it's appropriate to leave it that wide—that wide open for interpretation.
- David Alvarez
Legislator
I'd be interested, as this moves forward, to hear from, certainly, folks who would be impacted, as well as the author about that. Because the way I read it, if another jurisdiction has some health concerns and that could be a local, state, or federal government, then that could potentially automatically mean they get on this list.
- David Alvarez
Legislator
And I'm not sure that we just want to use that as a metric to add stuff to this list. What I think is appropriate about the Bill is that we want to look at actual evidence.
- David Alvarez
Legislator
And I think what I'd be interested in seeing is, how do we strengthen to make sure that the—we are utilizing evidence, in order to make those decisions. Otherwise, like we've seen before with agencies, they might just go rogue and do anything that they want.
- David Alvarez
Legislator
And I no longer want to be in the business of doing that, at least from my legislative perspective. So, with that said, I know that I've shared more specifically with the author the concern about the cost impacts to schools.
- David Alvarez
Legislator
You know, school meals, federally-funded quite substantially, in an era where California is being put under the microscope for the things that we are doing, that are good things, but unfortunately, then create a—because of the approach that is being taken by the Trump Administration, unfortunately, jeopardizes, in some instances, our fiscal stability.
- David Alvarez
Legislator
And so, I want to give an opportunity to the author to speak about that and how maybe we can navigate that because I know obviously budget cares a lot about that, just like I do.
- Jesse Gabriel
Legislator
Yeah, and I'll consider the Chair's admonition to be brief here—on the language piece of it, you know, right now, the way it's drafted, they would just have to consider the fact that it's banned in another jurisdiction. That's not dispositive. That would not mean that something would automatically be banned.
- Jesse Gabriel
Legislator
We're really—it's one of several factors to consider. But I'm happy to work with you, with opposition, with any stakeholders, if we want to think about tightening up that language and making it crystal clear. I want everybody to understand this is not a ban on chocolate milk.
- Jesse Gabriel
Legislator
You know, the first time they said Skittles, it's—this is not a ban on chocolate milk. Kids are going to still be able to enjoy so many of the foods that they love.
- Jesse Gabriel
Legislator
This is about targeting really harmful chemicals and making sure that the ultra-processed foods, that really are hurting our kids and leading to all these really negative health outcomes, are not served in our school. So, happy to work on that. Happy to talk with you more about the, the budget implications.
- Jesse Gabriel
Legislator
Again, we believe that—knowing that this is already being done in other districts, the examples you've seen, we've heard that from, you know, many school districts across California. We will work with—very closely—with the school nutrition folks, very closely with the Department of Education, and our schools to make sure that that is not an issue.
- Josh Lowenthal
Legislator
I'm going to be very brief. I just want to say thank you to the author for bringing this forward. I hope you would consider me to join on as co-author on this Bill. I think it's incredibly important and there are many families like mine who don't allow our kids to eat at school because of the ultra-processed foods that are in there right now.
- Josh Lowenthal
Legislator
Will grant relief to us. So, thank you so much for bringing this forward.
- Al Muratsuchi
Legislator
Thank you. Mr. Gabriel, I'm just sitting here wondering if you're trying to ban instant ramen, but would you like close?
- Jesse Gabriel
Legislator
Yeah. Thank you. Thank you very much, Mr. Chair. And let me just thank everybody for the thoughtful comments and feedback. Again, appreciating that this is the first committee. We want to do this in the right way. We want to get it right.
- Jesse Gabriel
Legislator
We think that there is—for all of the jokes that people have made about all of the work here—we think there is a tremendous opportunity to improve health in the State of California, to do right by our young people.
- Jesse Gabriel
Legislator
I sit and think about all of those young people that are getting extra help in school, who may have an IEP or struggling with ADHD, or whatever it is, and they're working so hard in the classroom, and then they go out and they eat something at lunch that just totally undoes all of that work, and how counterproductive that is to the mission of educating our kids, and how frustrating it must be for those kids and those parents, who probably don't even understand that, despite all of their work, it's because of some junk that the kid ate at lunch that is really undoing that progress.
- Jesse Gabriel
Legislator
So, I think there's a tremendous opportunity here to do right by our kids. We will work with anybody and everybody to try to make the strongest possible Bill. And I just want to, you know, thank you for the "Aye" recommendation and respectfully request everybody's "Aye" vote.
- Jesse Gabriel
Legislator
With the Amendment. Yes, we're accepting all the Committee Amendments made.
- Al Muratsuchi
Legislator
Thank you. Madam Secretary, motion's been made. And Secretary, please call the roll.
- Al Muratsuchi
Legislator
Thank you. All right, gentlemen, sitting patiently, Dr. Arambula, File Item Number 3, AB 235. And this is the last non-committee bill presentation.
- Joaquin Arambula
Legislator
Thank you Mr. Chair and Members, and thank you to the Committee staff for the recommended amendments which I accept. Students should be able to learn in a safe, distraction free environment. AB235 ensures that school districts have guidance and options when implementing policy regarding cell phone usage during instructional hours.
- Joaquin Arambula
Legislator
As a parent, I am concerned about the effects of excessive cell phone usage on our children's mental health and their education. This Bill starts to address that by clarifying options for school districts and encouraging safe and responsible use of technology in schools. Testifying in support of Assembly Bill 235 is Oussama Mokeddem with the Public Health advocates.
- Oussama Mokeddem
Person
Good afternoon Mr. Chair Members. My name is Oussama Mokeddem and I'm here representing Public Health Advocates. We're a statewide organization that's dedicated to advancing equity and well being by addressing the root causes of health disparities in our communities.
- Oussama Mokeddem
Person
I'm here to speak as a proud co sponsor of AB235, which aims to provide school districts with structured options for limiting smartphone use during the school day.
- Oussama Mokeddem
Person
This Bill takes a meaningful step towards tackling one of the most significant and growing challenges in our schools today, namely the overuse of smartphones and its impact on student health, learning and school culture.
- Oussama Mokeddem
Person
According to the US Surgeon General's 2023 advisory, while social media and smartphones may offer some benefit, the evidence increasingly points to their harmful effects on youth mental health, ranging from poor sleep to and depression to increased anxiety and a diminished sense of self worth.
- Oussama Mokeddem
Person
This isn't just about screen time, it's about student focus, peer interaction and emotional well being. Now, AB235 doesn't impose a one size fits all solution. We're very aware of that. It offers school structured choices ranging from full day restrictions to schedule based policy.
- Oussama Mokeddem
Person
This dual approach ensures consistency while giving local districts the flexibility to to tailor their policies to their unique communities, avoiding blanket solutions for these issues. It aligns with the recommendations from the US Department of Education's 2024 Playbook, which encourages thoughtful policy development with deep community engagement.
- Oussama Mokeddem
Person
Additionally, and very important for us, we're working with researchers and youth advocacy organizations to supplement this Bill with on site resources to increase literacy around healthy smartphone usage so that the on the ground impact of this Bill doesn't just become an increase in punitive approaches to education.
- Oussama Mokeddem
Person
This Bill continues to protect critical exceptions, allowing smartphones to be used in emergencies for medical needs and for students with IEPs. It acknowledges that equity means recognizing the diverse needs of all students, not simply imposing blanket restrictions and without a framework we Risk inconsistent and ineffective policies, which is what this Bill hopes to solve.
- Oussama Mokeddem
Person
And the fail to address the growing harms we're seeing across the state. Smartphones aren't going to go away anytime soon, but how we manage and leverage their use during the school day can help determine whether they serve as a tool for learning or sources of distraction and harm.
- Oussama Mokeddem
Person
So on behalf of public health advocates, I urge your support on this thoughtful and balanced approach. Thank you.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the measure. Any witnesses in opposition to the measure, please come forward.
- Barrett Snider
Person
Good afternoon, Mr. Chair, Members of the Committee, Barrett Snider. And we have the Small School Districts Association and the Association of California School Administrators. Both of our organizations had concerns with the Bill. The, the amendments, they are going to resolve. Keep preserving some flexibility.
- Barrett Snider
Person
Many of these districts have already sort of negotiated plans that work with the parents. And so this, this will preserve that. So we, we appreciate your taking the amendments. Thank you.
- Al Muratsuchi
Legislator
Thank you. Any further comments in opposition to the Bill? All right, bring it back to the Committee. Any questions or comments from the Committee? Dr. Patel?
- Darshana Patel
Legislator
I just want to give a comment. I appreciate you pointing out when I was on the school board, the policies came out about the school for school phone restrictions.
- Darshana Patel
Legislator
And my concerns were around our students on IEPs, perhaps with diabetes, blood sugar monitors and needing to have their phone out to monitor that uses of the device in aiding students with adhd, scheduling issues, Executive functioning issues. And I appreciate that you've put in allowances for children like that.
- Darshana Patel
Legislator
I do have a concern that it will automatically identify them as children that have an IEP or 504 plan because they will be the only kids doing that. But I think our educators will find a way to make sure we protect our children.
- Darshana Patel
Legislator
I rely upon our well trained workforce in the classrooms to make sure that our children stay safe. Do you have any comments to add towards that or. I'm interpreting this correctly, right?
- Al Muratsuchi
Legislator
All right. Seeing no further questions or comments. Dr. Arambula, would you like to close .
- Joaquin Arambula
Legislator
Recognizing the hour and appreciating the recommendation. I appreciate respectfully ask for an aye vote.
- Al Muratsuchi
Legislator
Thank you. Do we have a motion? Do we have a second? All right. Madam Secretary, please call the roll file.
- Al Muratsuchi
Legislator
4 votes. The Bill is on call. Thank you. All right, Mr. Lowenthal, you have file item 15 AB772.
- Josh Lowenthal
Legislator
Good afternoon, or should I say good evening, Mr. Chair Members, I'm very proud to present AB772 Excuse me, will require the California Department of Education to develop a model policy aimed at addressing certain acts of cyberbullying that occur outside of school hours and require that each local education agency adopt CDS model policy or develop their own policy.
- Josh Lowenthal
Legislator
I'd like to start by accepting the Committee amendments. I thank the Committee and Chair for our productive conversations on the Bill, and particularly Debbie looks, availability, vision and very thoughtful work on the amendments and the analysis Bullying and harassment amongst peers in school is not a new phenomenon.
- Josh Lowenthal
Legislator
However, the digital age and rise of social media has dramatically changed the landscape by expanding how and when classmates communicate with one another. Cyberbullying and harassment are unacceptable should it occur on campus and during school hours, but of course it's no longer limited to the school day.
- Josh Lowenthal
Legislator
Bullies are empowered to continue their harassment through social media platforms, posts, text messages, and particularly via group chat on snap, circulating harmful or humiliating content directly to classmates or to a wider audience.
- Josh Lowenthal
Legislator
Students shielded by their parents by having little to no digital presence are still not immune when it comes to harmful cyberbullying and that is circulated amongst others. Moreover, digital ubiquity leaves our kids susceptible to bullying at any time or place. The data and statistics on cyberbullying speak for themselves.
- Josh Lowenthal
Legislator
59% of US teens report experiencing at least one cyberbullying behavior. Some say they've experienced someone other than a parent constantly asking them where they are, what they're doing, or who they're with. Some report they've been physically threatened and sadly, others say that they've had explicit images of them shared without their consent.
- Josh Lowenthal
Legislator
Research consistently identifies the impacts of cyberbullying on youth self esteem and mental health. 41% of people who were cyberbullied developed social anxiety, 37% developed depression, 26% had suicidal thoughts, 25% self harmed, and 20% skip class. Victims experiencing lack of acceptance in their peer groups, which results in loneliness.
- Josh Lowenthal
Legislator
Social isolation the young person's consequential social withdrawal is likely to lead to low self esteem and depression. Students who come to school with low self esteem due to cyberbullying are distracted and not mentally prepared to learn within class.
- Josh Lowenthal
Legislator
Being involved with cyberbullying affects the self esteem of not only the victim bystanders, bystanders also demonstrate lower amounts of self esteem than those who are not involved with cyberbullying in any way. But it's the perpetrators too who are also at risk. They're more likely than non bullies to engage in a range of maladaptive and antisocial behaviors.
- Josh Lowenthal
Legislator
They are at risk of alcohol and drug dependency. Like victims, they have an increased risk of depression and suicidal ideation. According to the latest CDC statistics, approximately 95% of high school youths use a social media platform, with approximately one fifth reporting almost constant social media use.
- Josh Lowenthal
Legislator
Statistics from the CDC on suicide rates between 2001 and 2021 also show that the increase in suicide rates correlates directly to with the same time frame that social media use became widespread, suicide rates of people age 10 to 14 tripled from 2007 to 2018, which is right after Facebook opened to the General public.
- Josh Lowenthal
Legislator
For users 13 years and older, the suicide rate for people age 15 to 19 increased 57% from 2009 through 2017.
- Josh Lowenthal
Legislator
Instagram, of course, launched in October of 2010 while students are universally accountable for cyberbullying that happens on campus and during school hours, there is unfortunately well documented misinterpretation of existing law concerning the authority of LEAs to intervene when cyberbullying takes place outside of school hours and off campus.
- Josh Lowenthal
Legislator
Education Code clearly states that LEAs do have jurisdictional authority over cyberbullying that takes place after hours and off campus if there is an access to the classroom. Our Legislative Council has provided a written opinion reinforcing that the authority exists today.
- Josh Lowenthal
Legislator
Yet in practice we see many school districts unsure of how of this authority and are reticent to act and enforce against after hours cyberbullying despite witnessing the effects of these harmful activities bleeding into the classroom and impacting campus climate. I ran into that ambiguity myself as a parent, and I shared that experience with you here last year.
- Josh Lowenthal
Legislator
In a previous iteration of a Bill to address after hours cyberbullying, AB772 will help provide districts with necessary clarification on actions they can take to ensure that all students can enjoy a safe and productive learning environment during school and after school.
- Josh Lowenthal
Legislator
The Bill will equip school districts with a model policy in order to address after hours and off campus cyberbullying that occur outside of school hours and off campus, either as a policy they may adopt themselves or as a reference point for policy they create.
- Josh Lowenthal
Legislator
But in either scenario they may manage expectations for all community stakeholders impacted by this phenomena of the digital age that is dramatically impacting student performance and wellness. Here to testify in support of this Bill and share her story is is Erin Cohn.
- Erin Cohn
Person
Good evening. My name is Erin Cohn and I am a sophomore in high school, I serve as the Teen Representative on the Organization for Social Media Safety Board of Directors. Today, I'm speaking in support of Assemblymember Lowenthal's AB772, which will require the California Department of Education to develop a model policy to address cyberbullying in the United States.
- Erin Cohn
Person
46% of students ages 13 through 17 report being cyberbullied. The Organization for Social Media Safety finds similar numbers in schools across California. Regardless of demographics, approximately 160,000 teens have skipped school because of cyberbullying. Unfortunately, I have been one of them.
- Erin Cohn
Person
At the start of my freshman year, 44 of whom I thought were my closest friends chose to drop me on the same day via Snapchat. These girls spread rumors about me to people at their schools and other schools too. So when I walked into a party the following weekend, I was shunned.
- Erin Cohn
Person
I didn't even know what I had done. I was distraught. But I picked myself up, took a deep breath, and started spending more time with a group of kind girls at my school. I figured my brush with cyberbullying was over, but the worst was yet to come.
- Erin Cohn
Person
Pieces of false information taken totally out of context were sent to a girl I had briefly been friendly with. She then created a TikTok video with a degrading song about me. If that hadn't already done the damage.
- Erin Cohn
Person
She, along with many other girls, texted numerous kids saying go comment on that video, resulting in not only more pain but also my username tag being put in a public comment section. The these comments consisted of body shaming me and I quote calling me a whore, a stripper, and worse.
- Erin Cohn
Person
Being added in this comment section also led to abusive and cruel private messages. This would have been bad enough if it were limited to my school or even a few schools, but this girl had over 200,000 followers. I received multiple messages that said go kill yourself and I hope you die.
- Erin Cohn
Person
Though the post was taken down after a couple of hours, the damage was already done. I was shattered and felt like I had hit rock bottom, but I knew I wouldn't let them win. Sadly and dangerously, too many adults in teens lives still do not understand today's cyberbullying and its impact on mental health.
- Erin Cohn
Person
One teacher told me that I couldn't possibly have been cyberbullying, forcing me to prove my emotional distress at a time where I already felt incredibly vulnerable. Cyberbullying like I experienced could easily drive a child to harm themselves. It nearly triples the risk of suicide for young adults.
- Erin Cohn
Person
This legislation is a reasonable policy Response to what millions of teens and tweens are dealing with across the state, ensuring that all of California's schools have a model to follow, best practices and evidence. Cyberbullying is serious. This Bill will save lives. Thank you for your consideration of AB772.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the measure, please come forward. Any witnesses in opposition to the Bill? Any public comments in opposition to the Bill? Seeing none. Bring it back to the Committee. Any questions or comments from the Committee? Ms. Bonta
- Mia Bonta
Legislator
I want to thank you for bringing forward your testimony. I'm sure that wasn't easy to do, but want to appreciate that you really helped to be able to frame the policy that Assemblymember Lowenthal and I know very passionate about as well, is deeply concerned about. So thank you for doing that.
- Mia Bonta
Legislator
And I want to thank the author for continuing to work on this piece of legislation. And if you are open, I would love to be considered as a co author.
- Josh Lowenthal
Legislator
You have no idea how meaningful that is to me. I know that we have shared the journey in our families. I don't know of many families in the digital age now who are not dealing with this and the levels of consequences we heard can be horrific. Very proud to have you join this Bill.
- Josh Lowenthal
Legislator
And I want to thank you for the journey over the last two years and how much I learned through the process from you and how to get this right. And I think that we've gotten this right. I really do.
- Josh Lowenthal
Legislator
And the only metric that's really going to matter here though is cutting down on how horrific youth mental health is today. That's the only metric that matters. Thank you so much.
- Al Muratsuchi
Legislator
Thank you. Any further questions or comments? Seeing none. Thank you very much, Mr. Lowenthal. We appreciate how this is coming from, you know, your experience, personal experience as a father as well as, you know, as a lawmaker trying to address this ever growing problem of cyberbullying. And so happy to support. Would you like to close?
- Josh Lowenthal
Legislator
Yeah. I do want to say something quickly because I know some of the folks back home are watching this as well. The genesis of this did come because the district that my children are in believe that there was nothing that they could do in a horrific case of cyberbullying that took place at 4pm immediately after school.
- Josh Lowenthal
Legislator
And I think that they are going to be very happy. It was very indicative that situation that there is confusion out there in the law and if we can provide clarity and that clarity results in better mental health outcomes for our youth, well, let's do it. Respectfully, ask for Your aye vote.
- Al Muratsuchi
Legislator
Do we have a motion? A Second. Okay. Motion. Mr. Garcia? Second. Okay. Madam Secretary, please call the roll file.
- Al Muratsuchi
Legislator
Seven votes. The Bill is out. Congratulations. All right, I. If we are down to the Committee Members presentations. If the Committee Members don't mind, I have a witness that needs to catch a flight. I would like to go next with AB 49. So I. And so, let's see. Vice Chair is not here. Ms. Patel, would you.
- Darshana Patel
Legislator
Welcome Chair Mirsucci. This is item AB49. File item two. AB49, feel free to start whenever you're ready.
- Al Muratsuchi
Legislator
Thank you very much. Members, I am here to present Assembly Bill 49, the California Safe Haven Schools Act. First, I'd like to thank the Committee staff for their hard work on this Bill and I accept the Committee amendments.
- Al Muratsuchi
Legislator
AB49 is designed to keep Ayes out of our public schools during this time when our immigrant students are under attack by the Trump Administration. AB49 Builds on California's commitment to protect immigrant students by strengthening safeguards against immigration enforcement activities on our K 12 school campuses.
- Al Muratsuchi
Legislator
We know that ever since 1982, the United States Supreme Court has recognized that all children in the United States, regardless of immigration status, have a right to attend and to receive a free public education. Yet the threats from the Trump Administration have created fear and uncertainty among immigrant students and their families.
- Al Muratsuchi
Legislator
In 2017, California passed AB 699 by my predecessor, Mr. O'Donnell, which required schools to keep student and family immigration data private, prohibited discrimination based on immigration status, provided guidance on responding to bullying or harassment based on immigration status, and directed the Attorney General to publish model policies limiting immigration enforcement at schools.
- Al Muratsuchi
Legislator
AB 49 builds upon AB 699 further strengthening protections by prohibiting immigration enforcement officers from entering school property without a valid judicial warrant, among other requirements. Last I just want to before I turn over to my witnesses and support.
- Al Muratsuchi
Legislator
Schools until very recently were recognized by the Federal Government as a so called sensitive location as one of the last remaining safe spaces for many immigrant students and families. Students cannot learn under the constant threat of deportation or family separation.
- Al Muratsuchi
Legislator
Bottom line is our students, our children should not be afraid to come to school and parents should not be afraid to send them to school. AB49 will ensure that California schools remain safe havens where all students regardless of immigration status are protected and supported.
- Al Muratsuchi
Legislator
With me today is Matthew Toyama, managing attorney from CHIRLA and Maimona Afzal Berta, Santa Clara County Board of Education President and special education teacher. Thank you for being here.
- Matthew Toyama
Person
Apologies. Good evening, Chair and distinguished Members of the Assembly Education Committee, thank you for hearing this Bill expeditiously. My name is Matthew Toyama. I'm the managing attorney of the Removal Defense Unit at the Coalition for Humane Immigrant Rights in Los Angeles.
- Matthew Toyama
Person
The right for all students, regardless of immigration status, to attend public school in the United States has been safeguarded by the Supreme Court in Plyler vs Doe.
- Matthew Toyama
Person
And the state's ability to pass AB 49 flows from the basic due process requirements already required by the Fourth Amendment that federal agents present a signed judicial warrant to make immigration arrests in private areas of homes and workplaces, adding only to that approval from a principal or Superintendent if occurring on a school ground, and the requirement that any Ayes activity occur not in the proximity of students.
- Matthew Toyama
Person
This is a reasonable ask and necessary and in my opinion, overall would opine that it's a very reasonable Bill considering the Department of Homeland Security overturning its Sensitive Locations memo, which now allows for Ayes arrest at or near places of worship, healthcare facilities and educational institutions.
- Matthew Toyama
Person
And I can testify that we are already seeing a chilling effect on people's willingness to participate in these necessary functions, such as increasing reticence to seek medical attention, attend court hearings, and bring distress in bringing children to school.
- Matthew Toyama
Person
So AB49 is not so much an immigration rule as a public health, safety and education measure over which the State of California has broad power, as it essentially functions to guard against the harm of absenteeism in school attendance. AB 49 is necessary.
- Matthew Toyama
Person
I can confirm that these Ayes arrests and detentions are actively occurring in the proximity of California schools. Moreover, AB 49 does not hinder the Federal Government from enforcing its immigration laws. This Bill does not thwart lawful Ayes arrests around school grounds, but rather only ensures the constitutional right of children to attend school. I respectfully ask for your aye vote in support of AB 49. Thank you.
- Maimona Berta
Person
Good evening, Chair Muratsuchi and Members. I am Maimona Afzal Berta, President of the Santa Clara County Board of Education and Special Education teacher.
- Maimona Berta
Person
I'm here to speak on behalf of the 165,000 students in Santa Clara County that live in mixed immigrant households as California's county with the second largest concentration of immigrants with the largest concentration of immigrant families.
- Maimona Berta
Person
As a mother and educator, I can tell you students and their Families have expressed an understandable fear of coming to school, participating in parent teacher conferences, and accessing the educational services and resources that school provide that they are entitled to.
- Maimona Berta
Person
Without additional protection, schools in our county are likely to see the same dips in student attendance and parent participation that we experienced in 2017 and 18. At the local level, our board has worked hard to mitigate this fear and danger.
- Maimona Berta
Person
We wrote a coalition letter with 17 of our school districts publicly expressing our commitment to protect immigrant students and families to the greatest extent allowed by law.
- Maimona Berta
Person
We set up training for our county and district staff on how to respond to immigrant enforcement agents, and we organize legal clinics at our school districts to provide families with access to confidential legal consultations.
- Maimona Berta
Person
While we have done everything we can locally to reassure and stand with our community, AB 49 would support us in protecting students in two additional ways. First, it would provide stronger legal grounds for school staff to deny entry to immigration enforcement agents who are trying to enter campus or access student information.
- Maimona Berta
Person
Currently, many staff who have received training still express concerns about whether they have the authority to refuse entry to an immigration agent without a judicial warrant. AB49 would make it clear that not only are staff allowed to deny entry, they are required to do so, and those protections must be extended consistently across the street. Schools are must be safe places to learn and so I ask for your aye vote on AB 49. Thank you. Thank you.
- Darshana Patel
Legislator
Thank you very much. We are now looking for public comments in support.
- Monica Madrid
Person
Monica Madrid with the Coalition for Humane Immigrant Rights, Proud co-sponsor of the Bill. Also with the California Undocumented Higher Education Coalition. Also in support.
- Steve McDougall
Person
Steve McDougall with CFT, a union of educators and classified professionals. We support.
- Pamela Gibbs
Person
Pamela Gibbs representing the Los Angeles County Superintendent of Schools. Appreciate the amendments and we strongly support the Bill. Thank you.
- Kordell Hampton
Person
Kordell Hampton with the Association of California School Administrators with a support amended position but with the acceptance of the Committee amendments and support. Thank you.
- Kimberly Gunter
Person
Kimberly Gunter, second grade teacher in the Sacramento area. I firmly support.
- Sandra Barreiro
Person
Sandra Barreiro on behalf of SEIU California in support and want to thank the author for working with us to strengthen the Bill.
- Kasha B Hunt
Person
Kasha Hunt with Nossaman on behalf of the County of Monterey Board of Supervisors, and support.
- Cristina Salazar
Person
Cristina Salazar with Californians Together and on behalf of the California Association for Bilingual Education in strong support.
- Lucy Carter
Person
Lucy Salcido Carter with the Alameda County Office of Education and representing also California County Superintendents. In support.
- Faith Lee
Person
Faith Lee with Asian Americans Advancing Justice Southern California, a proud-co sponsor. We're in strong support. Also providing a me-too for Southeast Asian Resource Action Center, ZIRAC, Asian Law Caucus and Western Center on Law and Poverty. Thank you.
- Eric Paredes
Person
Hi. Eric Paredes with the California Faculty Association and support.
- Christopher Sanchez
Person
Christopher Sanchez with the Mesa Verde Group on behalf of Carrez and the Central American Resource Center, the Alliance for a Better Community and our friends at the Long Beach Community College. Hispanas Organized for Political Equality, HOPE, and the College for All Coalition. Thank you.
- Cassie Mancini
Person
Cassie Mancini with the California School Employees Association in support.
- Brandie Brunni
Person
Brandie Brunni with San Joaquin County Office of Education in support.
- Sierra Cook
Person
Sierra Cook with San Diego Unified School District anticipating a support position with the amendments. Thank you.
- Josh Horowitz
Person
Josh Horowitz, Los Angeles Unified School District will be in support soon.
- Sherry Starkey
Person
Sherry Starkey, San Ramon Valley Unified School District speaking in support.
- Amanda Dickey
Person
Amanda Dickey with the Santa Clara County Office of Education and support.
- Maéva Marc
Person
On behalf of the 5,000 children and families that we serve at Kidango. I'm Maeva Marc in support.
- Elle Grant
Person
Elle Grant on behalf of the California Alliance of Child and Family Services and support.
- Jan Fish
Person
Jan Fish for the California Association for the Education of Young Children, Public Policy Committee, Legislative Action Work Group. Strongly support.
- Donna Cecil
Person
Donna Cecil, Vice President of Public Policy for the California Community College Early Childhood Educators, strongly in support.
- Darshana Patel
Legislator
Thank you. Now, if there are any witnesses to testify in opposition, please come forward.
- David Bolland
Person
I've been asked by your sergeants to testify from here. So this will be a little awkward. So if you would bear with me. My name is David Bolland. What I've learned from this Committee in this last session two weeks ago is that it does not want redundant laws. AB49 is just that, redundant.
- David Bolland
Person
Why Public schools are private property. Like any private property, law enforcement cannot enter without permission or a search warrant. This legislation requires staff to have to get permission from top administrators in order to allow the warrant.
- David Bolland
Person
It directs staff to attempt to hinder immigration officials from going where peoples are, which would be the basis of any search warrants for people.
- David Bolland
Person
It's laughable that any federal agent, any federal law enforcement agency with a search warrant signed by a judge on the property specified for people would say, okay, we'll wait until you get permission from your Superintendent to execute the search warrant or accept that they can't perform the search for specific people because state law says you can't go where the peoples are.
- David Bolland
Person
This law would be putting staff in a position of interfering with search warrants which may result in criminal charges against them. I know there's a great deal of fear regarding immigration at this moment, but why is there fear?
- David Bolland
Person
It's because people that are fearful have broken immigration laws and are here without permission and without proper authority to be in the United States. I noticed you mentioned Plyler vs Doe. I remind you that that case was about a Texas state law that withheld funding to local schools for districts for illegal immigrant students.
- David Bolland
Person
It said nothing about hindering immigration enforcement for the reasons that this legislation is redundant and unnecessary, put staff in danger, mainly union workers and by directing them to try to stop federal law enforcement agency from executing a legal search warrant. And that it attempts to nullify the federal law by hindering immigration enforcement.
- Darshana Patel
Legislator
Thank you. At any time, is there any public comment in opposition? Seeing none, I will go to Committee Member questions. Are there any questions from Committee Members or comments? Assemblymember?
- Dawn Addis
Legislator
I'm happy to move the Bill, number one, and would love to be a co author. Really want to appreciate the author for bringing this forward and all the folks that spoke and are in support. I've taught or I coordinated English learner program programs. Last time we had this Administration and this federal Administration. Excuse me.
- Dawn Addis
Legislator
And the amount of fear in the community, the fear from parents, from families, and the number of questions around what was allowed and what wasn't allowed and who could come on campus. And I think this Bill is absolutely the right thing at the right time and so want to say thank you for that.
- Josh Lowenthal
Legislator
I'll take this. I'll take this opportunity to second the motion. And also to echo what my colleague from the Central Coast said, I'd like to be added as a co-author.
- Josh Lowenthal
Legislator
I applaud the author for bringing this forward at a time where the Administration is going so far as to challenge the Constitution itself with birthright and to, you know, put fear in the population. You know, we need our schools to be safe environments and legally, legally so.
- Josh Lowenthal
Legislator
And just any and all efforts to do so need to be supported. So thank you so much for this Bill.
- Leticia Castillo
Legislator
Thank you. I just want to add. Mine are just comments. It seems likely that there have been no reported immigration enforcement actions in schools. I know you said that there have been, but in California there hasn't been any.
- Leticia Castillo
Legislator
You know, I, on my point of view, perhaps the reason the parents or kids are not going to school or wanting their kids to go to school is because of the fear bills like this are creating that, you know, so I'm not going to support this. I feel it's creating more of an issue than what it is.
- Mia Bonta
Legislator
I want to thank the author for bringing for this Bill. Chair, I think you are certainly recognizing the need for California to be able to step up in this moment to be able to protect our undocumented and immigrant children.
- Mia Bonta
Legislator
And I want to applaud you for making sure that we had a very broad coalition of support for this Bill. If you are accepting co-authors, I would love the opportunity to be able to co-author.
- Mia Bonta
Legislator
Because the reality is that in California schools today, in our communities, children are not going to school because their fear of ICE enforcement. ICE officers are circling around our school communities. It is, our inability to hold onto basic facts and reality in denial around some agenda is beyond me.
- Mia Bonta
Legislator
And it is disgraceful that people would comment in a way that would deny what is actually happening to our community members right now. Our children are desaparecido. They're refusing to come to school. Our parents are scared to be able to pick them up.
- Mia Bonta
Legislator
They're developing action plans in the event that they get picked up from their schools and are separated from their children. We are living in a time where we have to be able to face the stark realities.
- Mia Bonta
Legislator
And I want to thank you for your leadership for being able to provide a tool and an ability for our school systems to be able to know what to do.
- Darshana Patel
Legislator
Thank you. Any other Member comments at this time? All right, we have a motion and a second. Secretary can you call. Oh, and Chair Muratsuchi, can you please close?
- Al Muratsuchi
Legislator
Thank you very much. I just want to thank all of the broad coalition of people that, that we have been working with to address this compelling issue. And I do want to respectfully disagree with my colleague. The original genesis of this Bill for myself was this past fall.
- Al Muratsuchi
Legislator
I was teaching at El Camino College, my local community college, and I had a number of students, undocumented students, who, who shared with me that they, you know, we were following the presidential debate and we were following, you know, Donald Trump's repeated calls for mass deportations. And their fear was real. They feared for themselves.
- Al Muratsuchi
Legislator
They feared for their families to be separated. And we know, as Ms. Bonta said, that, that school districts across the state are seeing dramatic declines in attendance, especially in our immigrant communities. The fear and the uncertainty is real.
- Al Muratsuchi
Legislator
That's why I want to give special thanks to Cherla and to the Santa Clara County Board of Education for, you know, this statewide recognition that this is a real problem, that we need to send a strong message that all students, regardless of immigration status, you know, are., should be supported and welcomed at our public schools. And so with that, I ask for an aye vote.
- Darshana Patel
Legislator
Thank you. Now, Madam Secretary, would you please call the roll?
- Committee Secretary
Person
File Item 2, AB49. The motion is do pass as amended to Judiciary.
- Darshana Patel
Legislator
Assemblymember Castillo, would you like to present your Bill?
- Leticia Castillo
Legislator
I forgot you were the chair for now. Good afternoon and thank you, Madam Chair and Committee Members. While my office could not find common ground with the discussions that were had with the Committee, I want to start by thanking the Chair and the Committee staff for allowing me to present my Bill today.
- Leticia Castillo
Legislator
I am proud to present AB329, which seeks to ensure that high school sexual education curricula includes comprehensive information about adoption as part of family planning education. With one in four teens facing unplanned pregnancy before reaching the age of 20, it is increasingly important for young adults to clearly understand their options when faced with life changing reality.
- Leticia Castillo
Legislator
Sadly, around 95% of women facing unplanned pregnancy choose between abortion and parenting without ever considering adoption. Many come to regret their decisions later and wish someone had taken the time to to explain to them how adoption actually works.
- Leticia Castillo
Legislator
And I can say as a licensed therapist, I've worked with a lot of women who have regretted their decision and wish that they had known that there was other options.
- Leticia Castillo
Legislator
Picture the world today without the breakthrough of technology developed by Steve Jobs or the era defining music of the Beatles founder John Lennon, or the Olympian and trailblazer athletic excellence Simone Biles, or the global champion of freedom and peace, Nelson Mandela. The list goes on and on.
- Leticia Castillo
Legislator
But common denominator between all of these remarkable individuals is that they were all adopted. Simply put, our world would be a dramatically different place today without adoption. Yes, the adoption process can be painful and complicated, but the positive results of adoption and the potential contributions of adopted individuals to society can significantly outweigh any negative results.
- Leticia Castillo
Legislator
The goal of AB329 is not to take aim at the Healthy Youth act, which requires the topics of abortion, adoption and parenting to be discussed in public education health curricula for grades 7 through 12.
- Leticia Castillo
Legislator
Rather, I believe that my Bill complements the existing framework by focusing on empowering teens with accurate and unbiased information about the adoption process, legal rights, and the availability of counseling and support services in order to ensure equity in the types of conversations taking place in the classroom.
- Leticia Castillo
Legislator
With me today to provide testimony is Terri Marcroft, Executive Director of Unplanned Good, and Tina Amoroso, a mother who bravely placed her baby for adoption.
- Tina Amoroso
Person
Well, thank you all for having me here, having us here, and allowing me to share my story. So I'm going to make this quick. I know I only have two minutes and when I was 15 I faced an unplanned pregnancy. I wasn't told about adoption.
- Tina Amoroso
Person
We weren't educated on that in school, and therefore I attempted to have an abortion three times over the period of two and a half months. The first time, just minutes before my procedure, I was further along than the ultrasound revealed. I had to go in about six weeks later and then my baby was in a breech position.
- Tina Amoroso
Person
So they did not perform the abortion and they said there were two places in California that would perform a late term abortion. By this time, with all the time that had gone past, I was already five and a half months.
- Tina Amoroso
Person
I walked into the clinic and visibly saw many women my age, a little older or a little younger, who were visibly expecting and I thought, wow, all of us have felt our babies move. This is a long we're all well along in our second or maybe third trimester and we would still have to deliver a stillborn.
- Tina Amoroso
Person
So right then and there I decided I'm not going to go through with this. I'm going to choose life for my child and place him in an adoptive, a loving adoption home. However, after I had him, I changed my mind quickly and went to another place.
- Tina Amoroso
Person
And on the sixth day, after being released from the hospital with being scared, a single parent just turned 16. And on the sixth evening that I had him, he was crying. I opened the refrigerator, didn't even sterilize the bottle, and poured cold formula into his bottle.
- Tina Amoroso
Person
And that was then and there I realized that I was not I could not give my son the life that he deserved. And today, 36 years later, he is one of my closest friends. And as well as his parents, I have a great relationship with him.
- Tina Amoroso
Person
And even though it was really difficult at the time to make that decision, I have no regrets. No matter what people said and the bullying that I faced in high school, I still have no regrets. So now I'm a proud mom of three boys, three girls and two grandchildren and one on the way.
- Tina Amoroso
Person
And we are all very close. And I'm really happy that I've chosen adoption.
- Terri Marcroft
Person
Terri Marcroft with Unplanned Good expressing support for AB329, which adds basic current adoption information to our health education. California students must receive comprehensive sexual health education. But when discussing pregnancy options, current adoption practices are either minimally discussed or entirely overlooked, so students are unaware today of the adoption option.
- Terri Marcroft
Person
It's vital for teens to learn this in school for three reasons. First, our students need complete information about their options so they can make informed decisions. Second, they need to learn this while in school because no one learns well in times of crisis, so it's hard to digest new information when facing a crisis pregnancy.
- Terri Marcroft
Person
And third, adoption has changed so much in the last 25 years that most adults don't know how the basics work in adoption. They don't learn that the pregnant woman can choose adoption or or that the pregnant woman can choose parents for her baby.
- Terri Marcroft
Person
They don't know that they can meet the parents before they make a final decision, and they don't know that they can choose parents who reflect her values. But she can't learn about that elsewhere since her own parents and mentors are not aware of the new national standard practices in adoption.
- Terri Marcroft
Person
I have personally talked with so many women who look back on their decision and tell me that that they wish they had known about adoption. AB329 will ensure that adoption is presented as an option alongside parenting and other family planning choices. Integrating facts about modern adoption into the existing health curricula.
- Terri Marcroft
Person
Empowering young people with complete information so they can make well informed decisions. I respectfully urge this Committee to support 329 so that California's youth can receive the comprehensive sex education they deserve.
- Al Muratsuchi
Legislator
Thank you very much. Public comments in support of this measure. Please come forward.
- Gregory Burt
Person
Greg Burt, Vice President of the California Family Council, in support.
- David Bolland
Person
David Bolland. I didn't think the California Healthy Youth Act could get any better, but Assemblymember Castillo has proved me wrong. I'm wholeheartedly in support of this. Thank you.
- Al Muratsuchi
Legislator
Thank you. Witnesses in opposition to this measure, please come forward.
- Symphoni Barbee
Person
Good afternoon, Chair and Members. Symphoni Barbee on behalf of Planned Parenthood Affiliates of California, respectfully in opposition.
- Symphoni Barbee
Person
Absolutely. Thank you for offering that. Planned Parenthood Affiliates of California, we submitted a letter and it's reflected pretty well in the Committee analysis. Again, the current standard for education through CHYA already requires comprehensive, evidence based age appropriate curriculum related to adoption in the current standard of education.
- Al Muratsuchi
Legislator
You know you're welcome to provide. I know that you submitted a letter, but you know we don't have witnesses in opposition. If you want to expand on your Planned Parenthood's opposition.
- Symphoni Barbee
Person
And so we believe that this would be a bit duplicative and calling out adoption over other forms of pregnancy, other other forms of contraception that is already listed out in CHYA. So for those reasons, we are opposed to the Bill. Thank you so much.
- Lonnell Schuler
Person
Good evening. My name is Lionel Schuler representing Black Women for Wellness Action Project and Essential Access Health and opposition to this Bill.
- Al Muratsuchi
Legislator
All right, thank you. Any further public comments in opposition to the Bill? Seeing none. Bring it back to the Committee. Any questions or comments. Mr. Lowenthal?
- Josh Lowenthal
Legislator
Yeah. First of all, to I want to commend the the author and certainly those providing testimony. I know that this very personal issue and to come and tell your story literally in front of 40 million Californians can be a daunting thing. And I applaud you for having the courage to do so.
- Josh Lowenthal
Legislator
I do want to ask the author. What I have learned is that the Committee had reached out to you to try and reach compromise on some of the language specifically around the issue that adoption would be privileged over other information and that there seemed to be some sort of discrepancy around that.
- Josh Lowenthal
Legislator
Do you acknowledge that disagreement and why were you not able to come to agree with the Committee amendments. Can you comment on that, please?
- Leticia Castillo
Legislator
Yes. Regarding that, I was just asking for equal information on all the options that are provided. That was pretty much what I was asking. And it.
- Al Muratsuchi
Legislator
Any further questions or comments? Okay. Ms. Castillo, I know that you and your office had engaged with the Committee staff on this.
- Al Muratsuchi
Legislator
And we know that, as discussed in the Committee analysis, the current law requires, as part of the comprehensive sex ed instruction, that instruction on pregnancy include discussion of all legally available pregnancy outcomes, including, but not limited to, parenting, adoption, and abortion, information on the law on surrendering physical custody of a minor child 72 hours of age or younger, and the importance of prenatal care.
- Al Muratsuchi
Legislator
Your Bill would require that students teach students more about the adoption than the other pregnancy outcomes. And while I certainly support students learning about the adoption option, I believe that there was a thoughtful process that went into trying to give, you know, equal attention to all three of the outcomes.
- Al Muratsuchi
Legislator
And so I am reluctant to undermine the process that led to that thoughtful process. And for that reason, I will not be supporting your Bill today. But you have the last word.
- Leticia Castillo
Legislator
I just want to thank the Committee for allowing me to present my Bill. I want to thank my witnesses here, and I respectfully ask for an aye vote.
- Al Muratsuchi
Legislator
Motions made by Vice Chair Hoover. Is there a second? Okay. Madam Secretary, please call the roll.
- Al Muratsuchi
Legislator
Thank you. Okay. All right. With the Committee's approval, I. I have a second witness that needs to catch their flight. And so, if I may, I'd like to present AB 1123, which is file item number 20.
- Josh Hoover
Legislator
Okay, we have file item 25, AB 1123. Mr. Chair, whenever you're ready.
- Al Muratsuchi
Legislator
Thank you very much, Mr. Chair and Members. First of all, I appreciate the Committee's work on this, and I accept all Committee amendments. Since 1961, California has issued permits to early childhood educators. But in the 60 years since, there has never, never been appointments dedicated to represent early childhood education educators on the Commission on teacher credentialing.
- Al Muratsuchi
Legislator
AB 1123 is a long overdue measure that will add three appointees to the Commission to represent early childhood education teachers, program directors, and the faculty who prepare them. The Commission makes highly consequential decisions regarding the preparation and licensing of these professionals.
- Al Muratsuchi
Legislator
By adding these professionals to the Commission, this Bill will bring valuable expertise, experience, and perspective to their process. With me in support today are Lisa Wilkin, the Executive Director of the Child Development Consortium of Los Angeles, and Tony Ayala, the Child Development and Family Studies Instructor at Solano Community College, representing the California Community College Early Childhood Educators.
- Tony Ayala
Person
Hello Chair and Committee Members. My name is Tony Ayala and I am a full time faculty Member of Child Development and Family Studies as well as the Vice President of Public Policy for California Community College Early Childhood Educators and a Member of Partnerships for Education, Articulation and Coordination through Higher ed, or PEACH.
- Tony Ayala
Person
PEACH is a co sponsor of AB 1123, which seeks to add three early childhood education professionals with content expertise as voting Members to the Commission on Teacher Credentialing, or ctc. The need for this update is critical as the CTC is the governing body that makes decisions on permitting credentialing and workforce training requirements.
- Tony Ayala
Person
In the past 10 years, the CTC's scope of work has increased significantly into ECE systems. This scope has been particularly significant with California's continued expansion of Universal TK and Universal UPK initiatives.
- Tony Ayala
Person
Since 2015, the Commission has been making significant changes and revisions to the Child Development Permit, created new teacher performance expectations with corresponding teacher performance assessments, and has developed a new Early Education focused credential, the PK through third.
- Tony Ayala
Person
Annually, the Commission issues and renews over 10,000 child development permits and these new numbers do not yet include the newly created credentials. As the CTC's involvement in decisions around critical aspects of ECE in the field have increased, the Commission's engagement with professionals with content expertise has not.
- Tony Ayala
Person
This is worrisome as decisions made by the Commission are felt widely by the ECE field. AB 1123 will work to remedy this gap in representation and engagement by adding three positions to the Commission.
- Tony Ayala
Person
The three representatives will be drawn from three core areas of our field higher education involved in teacher preparation directly in early childhood, administrators in Title 5 programs, and practitioners working directly in our state funded preschool and child care programs.
- Tony Ayala
Person
We are confident that adding these positions to the Commission will strengthen the partnership between ECE and the K through 12 schools, allowing us to create the best possible systems for our workforce, setting them up to meet the needs of the children and families of California. I thank you for your time and respectfully ask for an aye vote.
- Lisa Wilkin
Person
Good evening, Mr. Chair and Committee Members. My name is Lisa Wilkin. I'm the Executive Director of Child Development Consortium of Los Angeles or CDCLA, a community based nonprofit organization. Every day, CDCLA serves 475 infants, toddlers and preschoolers in 10 childcare centers that are funded by CCTR and California State preschool contracts.
- Lisa Wilkin
Person
In those 10 centers, we employ 90 individuals with some level of child development permit, including me as an administrator of state funded early childhood programs. I'm here to communicate the great need for Assembly Bill 1123. Decisions made by the CTC have direct impacts on our programs and the field at large.
- Lisa Wilkin
Person
Although the Commission is tasked with issuing permits and setting the standards for those permits, there is no voting representation on the Commission by anyone who has knowledge about early childhood education or the operations of Title V child care and development centers. This is a significant oversight and something that should be addressed.
- Lisa Wilkin
Person
The CTC is currently proposing to overhaul the child development permit requirements and authorizations. The permit requirements and authorizations that the CTC is considering without representation of the ECE field would be detrimental to the sustainability of the subsidized childcare system in California.
- Lisa Wilkin
Person
Specifically, the changes have the potential to significantly increase the staffing requirements and costs in subsidized child care center classrooms for further exacerbating our struggles to find teachers during a historic workforce shortage and compromising our ability to pay reasonable wages while creating barriers for the diverse early childhood teaching workforce.
- Lisa Wilkin
Person
These changes and the hardships created by the changes could have been better guided by having individuals on the Commission who understand the ins and outs of Title V programs and have specific knowledge in early education. It is time to address the critical representation gap on the Commission by including voting Members with ECE expertise.
- Lisa Wilkin
Person
Having this representation and expertise would greatly benefit the workforce pipeline that we rely on and the children that we are dedicated to serving. It is for these reasons that I urge your support for this consequential piece of legislation and appreciate your giving me the opportunity to speak on its behalf.
- Josh Hoover
Legislator
Thank you so much. Do we have anyone else in support of the Bill? Please come forward.
- Julia Terry
Person
Hello, Julia Terry with the Child Care Resource Center, a proud co sponsor of the Bill. In support
- Jeannette Carpenter
Person
Jeanette Carpenter on behalf of Child Action Incorporated in strong support of the Bill. Thank you.
- Unidentified Speaker
Person
Kimberly Gunter, second grade teacher, in support of the Bill.
- Maéva Renaud
Person
Hello, this is Maéva Renaud with Kidango in strong support of this Bill.
- Unidentified Speaker
Person
Jan Fish from PEACH Leadership from the CAEC Public Policy Committee strongly support.
- Unidentified Speaker
Person
Nancy Herbert, a retired Dean from the California State University and a leader of the coordinator of the CalBECS who I support and PEACH strongly support.
- Donna Cecil
Person
Hi Donna Cecil, Vice President of Public Policy Tri C ECE. We strongly support and as an individual. I am a long term paying Member of AFT Guild 1931, an affiliate of. CFT and a California Community College adjunct faculty Member of CCA and affiliate of CTA, and I strongly support this Bill.
- Unidentified Speaker
Person
Hello. Brianne Ayala, and I'm Community College Faculty for Early Childhood as well as the Early Childhood Lab, school liaison for Tracy. ECE in strong support of the Bill.
- Josh Hoover
Legislator
Have a motion. Assembly Member Patel and a second from Assemblymember Castillo. Do we have anyone here in opposition to the Bill? Come on up.
- Annie Chou
Person
Hi. Annie Chou from the California Teachers Association. In regretful and very, very late opposition. Apologize. We have been having conversations with the author's office. Really appreciate what he's trying to do with the ECE community. Unfortunately, the CTC is a very large board already, and we're afraid of the dilution of teacher voices.
- Annie Chou
Person
Additionally, we're afraid that, you know, we would love to have representation for all. Our credential holders and all the different credential. But looking forward to continued conversation as. This Bill moves forward. Thank you.
- Josh Hoover
Legislator
Thank you so much. Anyone else? Okay. Any comments from Committee Members?
- Darshana Patel
Legislator
Would love to see that all of our educators in our classrooms have a voice at the table hearing this recent opposition. It was not registered, so we weren't able to review it ahead of time.
- Darshana Patel
Legislator
Are you willing to work with the CTA to figure out how to make this work so that the table is not too large, but large enough so that all voices are heard?
- Al Muratsuchi
Legislator
Absolutely. Yes. I. As Ms. Cho indicated, I just received notice of their late opposition, but certainly want to work with CTA to try to come to an agreement. And I understand Mr. Ayala may also have additional knowledge as a CTA Member.
- Tony Ayala
Person
For many decades as well, and they were, of course, the first organization we reached out to. And it was our understanding that we were going to be on the watch until it was out of this Assembly. But we would gladly participate in dialogue with them moving forward.
- Josh Hoover
Legislator
Thank you. Anyone else? Ms. Anyone? All right. Would you like to close? Mr.
- Al Muratsuchi
Legislator
Thank you. Next up is Ms. Bonta. Thank you for your patience. File item 26, AB 1230.
- Mia Bonta
Legislator
Good evening, Chair and Members. I want to start off by saying I will be accepting the Committee amendments and appreciate the very thoughtful work put into this Bill by Committee staff, my Bill sponsors and other key stakeholders.
- Mia Bonta
Legislator
AB 1230 strengthens expulsion rehabilitation plans to ensure that expelled students receive the support they need to successfully return to their home schools. Last year, over 4,000 students were expelled from California schools.
- Mia Bonta
Legislator
These students are not only removed from their classroom, but too often pushed onto a path towards poor academic outcomes, chronic disengagement and contact with the juvenile justice system, a pattern widely known as the School to Prison pipeline. Black, native, Latino, disabled, foster and unhoused youth are all disproportionately pushed out of the classroom.
- Mia Bonta
Legislator
Existing law requires a rehabilitation plan for every expelled student, but provides very little guidance on what that plan should include. Plans often fail to address the behavior that led to the exclusion, require costly or inaccessible services, and impose unrealistic academic or attendance standards.
- Mia Bonta
Legislator
This causes students to remain in limbo, unable to meet the terms, stuck in alternative programs, and with no clear path back to their home school.
- Mia Bonta
Legislator
AB 1230 offers a targeted solution by requiring rehabilitation plans to be developed by school personnel with knowledge of the student, tailored to the individual's needs and focused on addressing the underlying behavior ensuring students can access necessary services regardless of the cost or transportation barriers strengthening transition supports and clarifying the readmission process and requiring districts to use existing expulsion data to inform their triennial plans in order to improve educational services for expelled students.
- Mia Bonta
Legislator
Ultimately, AB 1230 helps to build an off ramp from the school to prison pipeline, one grounded in opportunity, not punishment. I will now turn it over to my Expert witnesses, Kaya McGrewer, education and youth defense attorney at the East Bay Community Law center, and Monica Vaughn, Chief of Schools at the Alameda County Office of Education.
- Monica Vaughn
Person
Good evening, Chair and Members. I'm Monica Vaughn, Senior Chief of Schools for the Alameda County Office of Education and and proud co sponsor of the Bill. I oversee our schools that serve expelled students in our county. We as a county office are firmly committed to providing quality programs and services to these students.
- Monica Vaughn
Person
I'm also past chair of the California County Superintendent's County Operated Student Programs Committee. This Committee includes county administrators from all around the state. State. We regularly discuss practice and policy issues affecting our students. Rehabilitation plans for expelled students have been the subject of intense Committee discussion in recent years.
- Monica Vaughn
Person
Current statutes governing expulsion rehabilitation plans are outdated and do not reflect best practices. We also see examples of plans that do not help students turn things around and return successfully to their home districts. Without policy reforms in this area, we are setting some of our most vulnerable students up for failure.
- Monica Vaughn
Person
AB 1230 will bring much needed clarity to what should be included in an expulsion rehabilitation plan and will help ensure that students can complete the requirements in the plan without financial burden. It will also support a transparent readmission process, create criteria for denying readmission, and help facilitate a smooth transition for students.
- Monica Vaughn
Person
I want to thank Assembly Member Bonto for her leadership in authoring this Bill and I respectfully ask that you support the Bill. Thank you.
- Kaya McRuer
Person
Good evening. My name is Kaya McRuer and I am an education and youth defense attorney at the East Bay Community Law Center. Oh, thank you. My team represents students from before their expulsion all the way through their readmission to their home districts. I'm urging you to vote in favor of AB 1230 today.
- Kaya McRuer
Person
Unfortunately, the students that I work with often receive rehabilitation plans that create insurmountable barriers to their success. I recently worked with an expelled student who struggled in school, especially during COVID 19, and had a diagnosed learning disability.
- Kaya McRuer
Person
Despite this, that student's rehab plan included a requirement to get higher grades than they had ever earned before while completing their expulsion plan through an online learning program. Unsurprisingly, they didn't meet the grade requirement at the end of the student's expulsion term. The district planned to extend the expulsion because of the students grades.
- Kaya McRuer
Person
Had I not advocated about the connection between those grades and my client's disability, I believe that they would speak be expelled today. I know from colleagues across California that countless students struggle to navigate these plans and readmission meetings without an advocate.
- Kaya McRuer
Person
Many students face barriers including confusion about rehabilitation plans, difficulty finding or paying for a therapist, and requirements around age for volunteering. When a rehab plan includes requirements that are outside of a student's control, it neither helps to hold them accountable nor helps them to learn from the experience.
- Kaya McRuer
Person
Instead, it further disconnects them from school, causing them to be less likely to attend school on a daily basis and ultimately to be less likely to graduate. I urge you to vote in favor of AB 1230. It will improve rehabilitation plans and give expelled students more agency to successfully return to their home districts. Thank you very much.
- Al Muratsuchi
Legislator
Thank you. Public comments in support of the measure. Please come forward.
- Amanda Dickey
Person
Amanda Dickey on behalf of the Santa Clara County Office of Education and Support.
- Paige Clark
Person
Paige Clark, National Center for Youth Law, a proud co sponsor. Thank you.
- Elle Grant
Person
Elle Grant on behalf of the California Alliance of Child and Family Services and Support.
- Leticia Garcia
Person
Leticia Garcia on behalf of the Riverside County Superintendent of Schools and support.
- Cassie Mancini
Person
Cassie Mancini on behalf of the California School Employees Association in support.
- Jeff Vaca
Person
Jeff Vaca on behalf of the California County Superintendents. In support.
- Al Muratsuchi
Legislator
All right, thank you. Any witnesses in opposition to the Bill? Seeing none. Any public comments in opposition to the Bill? Seeing none. Bring it back to the Committee. Any questions? Ms. Castillo?
- Leticia Castillo
Legislator
I just want to thank the author for bringing this Bill forward. I think it's a great way to reintegrate kids back into the education system. So thank you.
- David Alvarez
Legislator
Yeah. I just wanted to get clarity from the I think amendments which I thought were part of the original language of the Bill, which I'm seeing here, but I think is being requested to be amended, which is the removal of way it's phrased in our report. Additional elements of data for school districts to collect and maintain.
- David Alvarez
Legislator
That's currently in the Bill. And that's amendment is taking that out of the Bill. Is that correct?
- David Alvarez
Legislator
So is it currently in the Bill that we would have data collection and the amendment is taking out the data collection.
- Mia Bonta
Legislator
It removes the requirement that a county Superintendent reflect on an analysis of data collected by school districts and requires the triennial plan to reflect the outcome data provided by the school district.
- Mia Bonta
Legislator
So the intention of it is to ensure that in the school district's triennial plan they have the ability to include aspects of the expulsion rates and also allows them to reflect this new component, which is development of this rehabilitation plan.
- David Alvarez
Legislator
Okay. So your understanding of the amendments still continues to require the data and reporting so that we can analyze the effectiveness of not only current law, but also your. Your changes to that you're proposing? Correct. Okay. Thank you very much. Appreciate it.
- Al Muratsuchi
Legislator
See no further questions or comments. Thank you, Ms. Bonta, for your continued work in this space. And thank you for accepting the amendments that. That I. That address some of the concerns that I had with the amendments. I. I would be honored if you can add me as a co author to. To your Bill. Absolutely.
- Al Muratsuchi
Legislator
Certainly want to support the best practices in rehabilitation to address the issues of this school to prison pipeline. And so it sounds like this is a significant Bill moving best practices forward. So I would like to give you the closing word.
- Mia Bonta
Legislator
Thank you. AB 1230 ensures that every expelled student has a clear, fair path back to success in our school systems. I respectfully request your aye vote.
- Al Muratsuchi
Legislator
Motion's been made. Is there a second? Second. Madam Secretary, please call the roll
- Al Muratsuchi
Legislator
8-0. The Bill is out. All right, file item 32. Ms. Addis, AJR 7.
- Dawn Addis
Legislator
Thank you, Chair. And I think all of us should thank my staff who rewrote these talking points to make them Shorter and did a phenomenal job keeping the quality of this Assembly giant Resolution number seven. So I am a special education teacher with over two decades of experience having worked in the classroom to serve students with disabilities.
- Dawn Addis
Legislator
And that was one of the greatest joys of my life. And I have continued my work in the special education space by authoring multiple pieces of legislation to aid students with disabilities, as well as supporting numerous other measures in this Committee and on the Assembly floor.
- Dawn Addis
Legislator
In that realm of education in that time, I've truly seen bipartisan support and efforts across multiple pieces of legislation in our body both this year, last year, and the year before, my entire time here and all work to make our education safe system more responsive and equitable for students with disabilities.
- Dawn Addis
Legislator
This broad agreement, however, seems to have faltered in the past few months, primarily under the New Federal Administration. The New Administration recently signed an Executive order to begin formally closing the Department of Education, a move that will disproportionately harm students with disabilities across the nation.
- Dawn Addis
Legislator
In abolishing the Department of Education, we will see the federal Individuals with Disabilities Education act, or idea, transferred to the Department of Health and Human Services.
- Dawn Addis
Legislator
And that will reverse decades of progress in the inclusion of students with disabilities and the return to a medical model of disability, which is incredibly harmful to children when we think of their educational needs as medical needs. Likewise, we will see California's 700 pending cases before the Office of Civil Rights essentially discarded.
- Dawn Addis
Legislator
Nearly 400 of those cases address disability discrimination. Under the guise of returning authority to the states, the Trump Administration will cause direct and irreparable harm to our nation's most vulnerable students. So AJR7 calls upon the President and Congress to ensure unfaltering support for students with disabilities and the services they rely on.
- Dawn Addis
Legislator
I think all of us would agree, and I've heard the very deep and thoughtful conversations here, that we truly do need to put politics over the needs of our children, particularly our underserved children. And so I hope you will join me in calling for the unceasing support of our most vulnerable students by supporting Assembly Joint Resolution 7.
- Al Muratsuchi
Legislator
Public comments in support of the measure, please come forward. Any witnesses in opposition to the measure, please come forward. Any public comments in opposition to the measure? Seeing none. Bring it back to the Committee. Any questions or comments from the Committee?
- Darshana Patel
Legislator
No question, but a comment. I'm not sure whether this is the appropriate time, but I'd love to join you as a co author.
- Al Muratsuchi
Legislator
Any other comments or questions? Thank you, Ms. Addis. I also would be honored if you could add me as a co author. I think a few weeks ago, we talked on the Assembly floor where there was, you know, strong bipartisan support for our students with special needs.
- Al Muratsuchi
Legislator
And so we need to educate all Americans that the dismantling of the United States Department of Education is, in fact, an attack on our most vulnerable students. Our students special needs. And so thank you for your leadership on this. Would you like to close?
- Al Muratsuchi
Legislator
All right. Thank you. We have a motion and a second. Yes, Madam Secretary, please call the roll file.
- Josh Hoover
Legislator
Okay, so we've got file item nine, Assembly Bill 477 by Chairman Muratsuchi. Whenever you're ready, Mr. Chair.
- Al Muratsuchi
Legislator
Thank you, Mr. Vice Chair. I am proud to present Assembly Bill 477 to stand with our teachers and our classified education workers to increase school funding statewide and to give teachers and classified workers a 50% pay raise over the next 10 years.
- Al Muratsuchi
Legislator
California is the world's fifth largest economy and we all recognize that we need to aspire to do more, to invest in our students, in our schools, to support student success and to invest in a competitive workforce. Today, unfortunately, more and more teachers and staff can't afford to live in the communities they work in.
- Al Muratsuchi
Legislator
For teachers, there's a growing pay gap with other college graduates. A 2023 Economic Policy Institute study found a record 26.6% pay gap, a dramatic increase from 6.1% in 1996. In countries with world class public education systems like Finland and Singapore, teacher salaries are competitive with that received by engineers and folks in business world.
- Al Muratsuchi
Legislator
We need more young people to aspire to become teachers. Yet nearly two thirds of young adults cite low pay as the biggest reason why they are not interested in entering the teaching profession. That is why I am introducing Assembly Bill 477, the Fair Pay for Educators Act, to propose state funding targets.
- Al Muratsuchi
Legislator
I want to make sure that all the Committee Members know when I first arrived in the Legislature in 2013, that was the first time that Governor Jerry Brown championed and passed funding targets over multiple years to restore all of the state budget cuts that we suffered during the Great Recession.
- Al Muratsuchi
Legislator
And so there is precedent for this approach of establishing aspirational funding targets. In this case, to not only increase school funding at a time when public education is under attack at the national level, but also to address this critical issue of the need to close the pay gap for our teachers and our classified staff.
- Al Muratsuchi
Legislator
With me here today in support of the measure is the President of the California Federation of Teachers, a co sponsor of this measure, Jeff Freitas, as well as representing SEIU California, Sandra Barrera.
- Jeffrey Freitas
Person
Thank you. Jeff Freitas, President of CFT, a union of education classified professionals. I'll start a little light. Fortunately I live in Hoover's district, but unfortunately I. I'm not catching a flight, so I couldn't go earlier. Thank you. That said, AB477 said, I'm a high school math teacher by trade. I taught in Carpinteria. Very expensive.
- Jeffrey Freitas
Person
I lived in Santa Barbara, one of the most expensive places in the state. I'm sure other places in California can argue that But California is also one of the most expensive states in the country. AB477 is a simple equation. Funding equals educated recruitment plus retainment plus smaller class sizes. Student learning conditions equals educators working conditions.
- Jeffrey Freitas
Person
It's very simple math. After the Great Recession, California set, as the Assembly Member said, statewide funding goals for schools. And it created a hole. We need to continue to fill that hole. That's why we have to create a new funding level. Today we are faced with another challenge, that of a staffing crisis.
- Jeffrey Freitas
Person
People not entering into education, people not going to teacher programs. We're seeing the lowest numbers ever as well as we're seeing vacancies in classified positions as well as educated positions, teacher positions, because people aren't being encouraged or aren't seeing the value of being in our public education. We need to fix that.
- Jeffrey Freitas
Person
The Economic Policy Institute has been charting the national average wages of educators versus other like educated workers in labor for since 1979. In 1993, the time I started teaching, that was a high watermark to compare teachers with these like educated workers. It was about 5%. There was only a 5%.
- Jeffrey Freitas
Person
I say a 5% tax on teachers in 19. Sorry. In 2023 in California, that increased to 20%. There's a 20% tax to be a teacher in the State of California. And it's even worse for classified workers.
- Jeffrey Freitas
Person
And I won't steal your thunder, but you, there are places where you can work for Mcdonald's when that's, that's a good job. But you can work for Mcdonald's and get paid more than be a classified worker in our schools providing an education for our students.
- Josh Hoover
Legislator
Can I ask you to wrap up? I asked for your aye vote over two minutes. Thank you so much. Next witness.
- Sandra Barreiro
Person
Thank you. Sandra Barreiro on behalf of SEIU. Can you hear me? There we go. Sandra Barreiro, on behalf of SEIU California. We represent the classified school employees who make sure our schools can operate. The majority of that workforce is entering retirement and the incoming generation doesn't have the luxury of prioritizing benefits because they need every dollar in take home pay to afford basic necessities.
- Sandra Barreiro
Person
And then the part time positions that used to help parents supplement income are now competing with private sector remote jobs they can do from home. So recruiting the next generation of school employees is going to require us to invest in wages and help them live where they work. I respectfully request your aye vote. Thank you.
- Zong Laur
Person
Zong Laur, on behalf of the California Teachers Association, we're proud to co sponsor. We just took this position this weekend and so apologize for not sending our letter in on time to match the Committee deadline.
- Cassandra Mancini
Person
Cassie Mancini on behalf of the California School Employees Association and strong support and here giving a me too on behalf Of AFSCME California,
- Unidentified Speaker
Person
Kimberly Gunter, second grade teacher, Garden Valley elementary here in Sacramento. I fully support this.
- Unidentified Speaker
Person
Sherry Starkey, a teacher in San Ramon. Valley Unified School District. Standing in support.
- Unidentified Speaker
Person
Regina Chagoya, elementary teacher. Emeryville School board trustee and CFT proud Member and support. Thank.
- Unidentified Speaker
Person
Steve McDougall, contract teacher from the. Salinas Union High School District. Strong support.
- Unidentified Speaker
Person
Katie Bassler, Salinas Valley Federation of Teachers. I stand in support.
- Jeffrey Vaca
Person
Mr. Vice Chair Members Mr. Chair Jeff Vodka representing the Riverside County Superintendent of Schools. A bit of a tweener. We've supported three previous bills by Mr. Muratsuchi to set new aspirational targets. We'd love to support this Bill as well.
- Jeffrey Vaca
Person
We do have concerns about tying additional funding as the result of the aspirational targets to any single purpose, including increased wages. As much as we would like to do that over time. Thank you.
- Kordell Hampton
Person
Thank you. Kordell Hampton with the Association of California School Administrators will echo the same comments. Thank you so much. Appreciate it.
- David Bolog
Person
Hi. David Bolag, While I appreciate the Assembly Members desire to pay our teachers much more and deserve the salary that they that or get this give them the salary that they much deserve.
- David Bolog
Person
And I know this is aspirational, but I don't see how you can even project what our economy is going to be like, what our enrollment is going to be like and what kind of money we're actually going to have to pay staff in the, in the near future.
- David Bolog
Person
I've been to so many different school boards this past year and every school board is always we don't know what the budget is going to be. They have their, their financial person come forth and they provide present what they think it's going to be.
- David Bolog
Person
But until the state settles their budgets, they don't know what it's going to be. And then I've watched Pasadena just let go of 150 student Excuse me teachers or staff. I believe Santa Ana was I think the numbers 350. That sounds very high. But they had to let go of a bunch of people. Hart let heart.
- David Bolog
Person
William S. Hart in LA County let go 65 staff Members. So with that being met, I appreciate what you're trying to do here, but it's kind of like pie in the sky. So I Do oppose that. Thank you.
- Josh Hoover
Legislator
Okay. Any other opposition move the Bill? We have a motion from Ms. .... A second from Mr. Lowenthal. Any comments from Committee Members or questions?
- Mia Bonta
Legislator
Very quickly. The common variable for the chaos that we are experiencing around our education system has nothing to do with California. Has to do what's happening at the Federal Government and the chaos that they are creating right now.
- Mia Bonta
Legislator
And to do anything else but to ensure that we have an opportunity to not have pie in the sky, but just a real enforcement of the value of our educators is incredibly important. I want to thank the author for bringing forward this Bill. Thank you, Chair.
- Dawn Addis
Legislator
Yes, just very briefly, I'd like to. I'd love to go out through the Bill if I'm not already or if I haven't asked before.
- Dawn Addis
Legislator
But having been a teacher for such a long time, I really wish that this work had been being done over the past 20 years so that maybe now we would be there where you're trying to get us to. So just want to thank you for your leadership with us.
- Josh Hoover
Legislator
Well, thank you. Any other comments? Sorry, before I make a comment. Thank you, Mr. Chair, for bringing the Bill forward. Apologies to our first witness. I did ask the chair if I get extra time for constituents, but he. He did not approve that request, so I had to cut you off there. Ah, no kidding.
- Josh Hoover
Legislator
Appreciate you bringing this Bill forward. I. I do understand the concerns of the. The tweener position, and so, you know, you know, certainly would love to see you continue working with them on. On that issue. But I have supported this effort in the past.
- Josh Hoover
Legislator
It is something that's very important, I think, for my district, a growing educational district where we really do want to be able to attract the best and the brightest. And this is a really great way to do that. So thank you for bringing the Bill and happy to support it. With that, we will. You can close.
- Al Muratsuchi
Legislator
Thank you. Respectfully ask for your aye vote and. We'Ll call the roll.
- Al Muratsuchi
Legislator
Yes, I. I believe this is the last. Last Bill. Oh, yes. Thank you for your patience.
- Al Muratsuchi
Legislator
I'm here to present Assembly Bill 640, which would require Members of the governing boards of, of school districts as well as county offices of education and Members of governing bodies of charter schools to receive training on K12 public education governance laws, specifically in two areas on public school finance and public school accountability.
- Al Muratsuchi
Legislator
Those of us that have, I think we have a number of people that have served on our local school boards. And so we know how consequential and how important it is that we have, you know, good, informed, responsible, ethical people to be elected on our school boards.
- Al Muratsuchi
Legislator
Because, you know, school boards are the governing bodies of our school districts, you know, responsible for the expenditures of millions of dollars and of course, to benefit, you know, the, all the students in our districts.
- Al Muratsuchi
Legislator
And so it's critical that we have like a baseline of, of knowledge and training for all of our school board Members, both for the local school district level as well as for the County Office of Education and our charter schools.
- Al Muratsuchi
Legislator
And so with me to testify in support of this measure is Michael Davies-Hughes, Superintendent of Humboldt County, Superintendent of Schools. On behalf of the California County of superintendents, thank you for your patience.
- Micheal Hughes
Person
Thank you, Mr. Chair. Good evening, Mr. Vice Chair and Committee Members. It's appropriate that we're taking this Bill on at this late hour. It's kind of like being in a board meeting, isn't it? I am Michael Davies-Hughes, Humboldt County Superintendent of Schools.
- Micheal Hughes
Person
I'm here on behalf of the California County Superintendents Association that supports the 58 county superintendents of schools. And we are pleased to support Assemblymember Muratsuchi's AB640. Now the governance teams of LEAs throughout California play a vital role in ensuring student success and represent the diverse voices of the communities that they serve.
- Micheal Hughes
Person
We believe that school board Members deserve to be supported in their decision making roles. Now AB640 helps to ensure that all Members of a governing team come to the table with foundational knowledge and understanding of of the topics critical to their roles.
- Micheal Hughes
Person
Now these include school accountability, which is the foundation for continuous improvement, and the LCAP, and school finance, which is the foundation for building a budget to implement the community's strategic initiatives. We believe the curriculum should be of the highest quality.
- Micheal Hughes
Person
And we are thrilled that the Bill identifies state entities known for their tremendous expertise, FICMAT and the California Collaborative for educational excellence as key agencies to develop the curriculum. The vast majority of individuals who serve on governance teams do not become experts in these areas by virtue of being elected.
- Micheal Hughes
Person
Board Members deserve the state support in receiving curated professional learning to best serve the children in their communities. As a county Superintendent, I have attended school Board Meetings throughout my county and I have witnessed firsthand the stark contrast in outcomes for well prepared and well trained governance boards versus unprepared and inadequately trained ones.
- Micheal Hughes
Person
I thank Assemblymember Muratsuchi for authoring and introducing AB640 and we respectfully request your support for this Bill. Thank you.
- Cassandra Mancini
Person
Cassie Mancini on behalf of the California School Employees Association in support.
- David Bolog
Person
David Bolag as somebody who's been to many school Board Meetings. I wholeheartedly agree with what you're saying. Thank you. In support.
- Brandie Brunni
Person
Good evening. Brandie Brunni with San Joaquin County Office of Education and support.
- Josh Hoover
Legislator
Thank you. Anyone in opposition to the Bill today, come on down.
- Carlos Machado
Person
Good evening Mr. Chair and Members. Carlos Machado with the California School Boards Association. Regrettably, we are in opposition to the Bill. We embrace the goal of the Bill and wholeheartedly agree with the intention of the author and the statements that the authors witness had made. CSBA has nearly 100 years of experience training board Members.
- Carlos Machado
Person
Through that time, we've identified that what is most effective in terms of the training is the experience of the trainers and also the quality of the trainers.
- Carlos Machado
Person
The material that's covered in this training is very technical and it's important that those board Members have an opportunity to interact with the trainers, especially trainers, to be able to identify best practices. The way the Bill is structured now is that it would allow, for example, my son is a college sophomore.
- Carlos Machado
Person
He could become a trainer under this Bill. Although I think he's smart and capable, I don't think he would be the ideal trainer for school board Members.
- Carlos Machado
Person
The reason I raise that is because, you know, it is important that we ensure that the trainers are going to be training the state's nearly 5,000 school board Members that they have that experience and that knowledge and the capacity to provide this technical training to board Members.
- Carlos Machado
Person
We've asked in, as we've seen this Bill in past sessions, for there to be some standards for trainers in the Bill.
- Carlos Machado
Person
Absent that, we think that there's a, that there should be a standard set, as I noted earlier, or some oversight over the trainers if there's not going to be standards in terms of evaluating their experience and also their familiarity with those provisions.
- Carlos Machado
Person
So with that know we, we remain committed to working with the author, but we do have still major concerns with the Bill.
- Josh Hoover
Legislator
Thank you. All right. Any other opposition in the room? Seeing none. Comments from Committee Members? Yes, Mr. Lowenthal.
- Josh Lowenthal
Legislator
Yeah, I just want to align my comments with that of the CSBA actually. So I wholeheartedly support the intent of this Bill. I do have questions about ensuring trainer quality. There doesn't seem to be enough guidelines on there.
- Josh Lowenthal
Legislator
It seems like anybody off the street or any political organization can be providing the training concern that a political organization with an agenda to get into issues that, that are, that go far beyond what's detailed in the Bill can be in this.
- Josh Lowenthal
Legislator
And so I would ask the author, are you willing to work further to refine these issues as the Bill moves along?
- Al Muratsuchi
Legislator
Absolutely. And let me say that I am a proud CSBA Master's in Governance graduate. I know that they have been the leader in providing this type of training. In fact, they're so good at it that they basically have a monopoly on this.
- Al Muratsuchi
Legislator
And so, you know, we certainly, you know, envision a future with CSBA, continue perhaps to continue their dominance in terms of training all school board Members. And ultimately in terms of the quality control, it is up to the school boards to decide whether the trainers are qualified to provide the training.
- Al Muratsuchi
Legislator
But of course, you know, I always want to work with CSBA to make sure that we get it right. So thank you.
- Darshana Patel
Legislator
As a fellow MIG trained school board trustee and someone who has been in CSBA, I must say I really valued the longer, more detailed trainings where we got to interact with the trainer as well as our board colleagues through scenarios of types of questions that would come out related to school finance and other school board related policies.
- Darshana Patel
Legislator
That training was in depth and valuable. What kind of training do you envision through this process that FCMAT would now be mandated to provide? And would they be going to every single school district at every single election cycle shortly after election to provide this training?
- Darshana Patel
Legislator
Because that's when it's the most valuable as the budget cycle demands that knowledge right upon entering your trustee position.
- Al Muratsuchi
Legislator
Yes. So right now the Bill requires the training to occur once every four years and for the trainings for each topic. So unlike our Masters in Governance training, this is only focused on the two perhaps most critical, you know, the public school finance provision as well as the accountability compliance. I thought we were going to negotiate.
- Darshana Patel
Legislator
Can you clarify? Every four year? Is it every four year per board Member for their four year term?
- Al Muratsuchi
Legislator
Actually, I stand corrected. I think an earlier version of our Bill was once every four years. But we are going to require once during their service as a school board Member.
- Al Muratsuchi
Legislator
So again, having that baseline, certainly we're open to negotiating whether more or less would be appropriate, but the training for each topic may be no longer than four hours for a total of no longer than eight hours for both topics. So, you know, we're trying to, you know, we benefited from that extensive CSBA Master's in governance training.
- Al Muratsuchi
Legislator
But, you know, what about all the other school board Members that, you know, decided that they couldn't afford or chose not to spend their school district budget on school board Member training?
- Darshana Patel
Legislator
I know a lot of the concerns that was raised to me as the San Diego County School Boards Association President, the concerns did come from rural school districts who don't have a substantial disposable budget to send all of their board Members on a regular basis for MIG training or just CSBA meetings in general.
- Darshana Patel
Legislator
So this will now under your provision, should it pass, it would be a state mandate. Who would pay for that mandate and would that come from Prop 98 funds?
- Al Muratsuchi
Legislator
As we currently have it, it's my understanding that it will come out of the school district's general fund.
- Al Muratsuchi
Legislator
But you know, the balancing act that we're trying to strike here is to make it more affordable and accessible by having, you know, the shorter training than what the full blown CSBA Masters in Governance training is required to again, have that, that basic baseline knowledge and training on school finance and accountability.
- Al Muratsuchi
Legislator
The Bill also provides for school districts to address any affordability concerns to, for example, have their school districts legal counsel to, to provide the training with the curriculum to be developed by FCMAT and the California Collaborative for Educational Excellence.
- Al Muratsuchi
Legislator
So in a sense, their existing legal counsel can provide that training if that were the more affordable and accessible way for the school district to decide upon.
- Darshana Patel
Legislator
So the legal counsel would provide training for the finance and the accountability side.
- Al Muratsuchi
Legislator
That would be up to the, that would be up to the school district. But again, the Bill right now just focuses on FCMAT and the CCEE to develop the curriculum.
- Al Muratsuchi
Legislator
But we certainly can address issues in terms of who would provide the training and we happy to work with CSBA to, to make sure that we address that issue.
- Darshana Patel
Legislator
Certainly. Mr. Chair, I have lots of concerns about the vagueness in your proposal, but I do hope you work very closely with those who have been doing these trainings for years.
- Darshana Patel
Legislator
I have concerns that even four hours, just four hours, while perhaps more affordable, would be insufficient, but sufficient enough for a school board trustee to feel like they had full knowledge of what they were talking about without actually having a good grasp.
- Darshana Patel
Legislator
And that could actually end up being more dangerous when we're embarking upon really tough decisions and trying budget times.
- Darshana Patel
Legislator
So I certainly hope that you continue to work with the opposition to make sure that when we provide training and it's mandated training that it's thorough because it can create more trouble than we think we're entering into without it.
- Al Muratsuchi
Legislator
Absolutely. And you know, I mean, I think you are modeling the well trained school board Member that's asking all the tough questions to make sure that we get this right. And I will make sure that we work with you and CSBA and anyone else that wants to work to get this right. Thank you. Thank you.
- Mia Bonta
Legislator
I also, as a former school board Member, need to pipe into this conversation. I want to align my comments to what Dr. Patel really articulated. I also did CSBA training and some other trainings.
- Mia Bonta
Legislator
I was not able to do the majority of this training, however, during the time between when I got elected and the first governing board meeting. So I think there are components of this that.
- Mia Bonta
Legislator
And I also wonder whether it's appropriate to have the school district be essentially the decision maker around the quality of the trainer and whether it might make more sense to ensure that there's a more significant certification process that is validated either by hundreds year old entity like CSBA or some component of CCEE or FCMAT to be able to do that.
- Mia Bonta
Legislator
So yeah, I think chair, obviously you have, are well positioned to continue to work on this Bill as it goes through the legislative process and know that you have a, a treasure trove of resources in, in, in, in fellow colleagues to be able to provide some, some insights into how this legislation can be strengthened.
- Mia Bonta
Legislator
But in concept, I am very supportive of the idea that we need to make sure that our school board Members, who are ultimately volunteers, many of them don't even get paid to be able to serve, have the ability to be professionalized with the appropriate training so that they can address issues around land use, accountability and finance, in addition to the curriculum, instruction and HR issues that are the, you know, the foundational components of what school boards need to be very expert at to be effective.
- Al Muratsuchi
Legislator
Yeah, and I would just, yeah, I appreciate your comments, Ms. Bonta. And I would just, you know, add that again, CSBA may end up conducting all of the training if the school district, as we currently do right now, the school districts make the choice of participating in the CSBA training.
- Al Muratsuchi
Legislator
And so this would be a similar approach in that sense that as of now we're proposing that school districts make that decision. But certainly, you know, if we want to standardize the training, you know, that may involve additional costs, but. But we're open to all possible options.
- Josh Hoover
Legislator
Okay. Are we anyone else? All right. I did have one question that just came up when you were speaking. The way I read the Bill, it was this would be once every four years. So. So I guess what is the definition of your tenure? Is that a term? Is it just any time you're on the school board?
- Josh Hoover
Legislator
I just want to clarify that because that was actually one of my concerns.
- Al Muratsuchi
Legislator
You know, I also read. Yeah, once every four years. Okay, so it's once during your service as a school board Member. Okay, so one. One and done, basically.
- Josh Hoover
Legislator
And I appreciate that. I think my reading, I was a little more concerned because I do think this is more helpful for new school board Members. I would be a little hesitant to support something beyond that in terms of a requirement. Right. Or a mandate. I actually would align with some of the concerns that were raised here.
- Josh Hoover
Legislator
Slightly different perspective, but I do share a lot of these concerns. I don't say this a lot in this Committee, but frankly, I think in a lot of ways, the status quo is working. And without the mandate, without the requirements, there is an Association that's providing this training that I think is, you know, doing a good job.
- Josh Hoover
Legislator
It is voluntary, but many, many, many board Members do participate in it. So. But I think that would be my only. My only comment. So with that, I mean, you're welcome to respond to that, but also, if you would like to close, feel free.
- Al Muratsuchi
Legislator
Thank you. I appreciate all of the constructive feedback, and I commit to working with all stakeholders and respectfully ask for a vote.
- Josh Hoover
Legislator
Motion from Assemblymember Addis. Second from Assemblymember Lowenthal. Please call the roll.
- Josh Hoover
Legislator
That Bill is out 7 to 0. And we will, I guess, hold the roll open or. And we'll lift the calls. Okay. All.
- Al Muratsuchi
Legislator
All right. Okay. We will give an opportunity for Committee Members to vote or to add on. And so we will start with the consent calendar. Madam Secretary
- Al Muratsuchi
Legislator
9-0. The consent calendar is out Are we going in the agenda? Okay, so. File item number one. AB281. Gallagher.
- Al Muratsuchi
Legislator
9-0. The Bill. The resolution is adopted. All right. Thank you very much. This hearing is adjourned.