Senate Standing Committee on Education
- Sasha Perez
Legislator
The Senate Education Committee will come to order in 30 seconds. Good morning. There are 19 bills on today's agenda. Item number two, AB7 has been pooled by the author. Seven bills are on consent. Those bills are. Item number one, SCR 82. Item number five, AB291. Item number six, AB598. Item number seven, AB821. Item number eight, AB320.
- Sasha Perez
Legislator
Item number 11, AB642. And item number 12, AB542. Witnesses are asked to limit their testimony to two minutes to ensure the Committee is able to complete today's agenda in a timely fashion. Seeing as though we don't have a quorum just yet, let's begin as a Subcommitee with the first Bill. I see we have Assemblymember Ta here. Welcome, Assemblymember. You may begin when you are ready to present AB88.
- Tri Ta
Legislator
Thank you, Madam Chair and Members of the Committee. First, I'd like to thank the Committee staff for their work on this Bill. Really appreciate that. AB88 will ensure that dependence of active duty military members stationed outside California, but maintaining a California residency will be eligible for Cal Rent and a Middle Class scholarship program.
- Tri Ta
Legislator
Military service Members who are California residents may sometimes receive government orders requiring them to relocate outside of the state for extended period and their families often accompany them. Senior parents are still officially residents of California. The student qualifies for in state tuition rate at our college and universities.
- Tri Ta
Legislator
However, under current law, students are ineligible for Cal Rent or the Middle Class Scholarship Program if they temporarily reside out of state. AB88 would only apply to a very specific group of active duty service Members. This Bill does not appropriate any additional fund for the Cal Rent program.
- Tri Ta
Legislator
It simply allow dependence of active duty California military Members to access the rent. I'd like to introduce Seth Reeb with various organizations to testify in supporting of AB88. I respectfully ask for your aye vote, sir.
- Sasha Perez
Legislator
Give me one second. I see we have a quorum. Assistant, can you please call the roll?
- Sasha Perez
Legislator
Great. The assistant notes a quorum has been established. Apologies. If you could please continue with your presentation.
- Seth Reeb
Person
No worries. Thank you. Chair and Members, my name is Seth Reeb with Reeb Government Relations.
- Seth Reeb
Person
I am here on behalf of the American Legion Department of California, AMVETS Department of California, the California State Commander's Veterans Council, the Military Officers Association of America, California State, California Council of chapters and the Vietnam Veterans of America California State Council in strong support of AB88.
- Seth Reeb
Person
This bill is about fairness, consistency and honoring the realities of military life. When a California service Member receives orders to relocate outside of the state, their family, through no choice of their own, are uprooted. Their children may finish high school outside of California, but they remain California residents.
- Seth Reeb
Person
These are students who would otherwise be eligible for financial aid if their parents hadn't answered the call to service. We hear from military families who feel like their children are being punished for their parents service to this country. These students did not choose to leave California. Their parents did not choose to be deployed.
- Seth Reeb
Person
Yet they're shut out of some of some opportunities as their peers. Not for any academic reason, but because their parents, their parents were fulfilling a duty to this nation. AB88 reinforces existing federal protections by affirming that a service Member can maintain California residency even while stationed elsewhere. It ensures this is applied consistently across all campuses.
- Seth Reeb
Person
We thank the Assembly Member Ta for bringing this Bill forward and respectfully urge an aye vote on AB88.
- Sasha Perez
Legislator
Thank you for your testimony. Are there any other support witnesses here in room 2100? If so, please use the microphone outside the railing and please only state your name, organization and position on the Bill. Seeing nobody getting up, we will now move on to lead witnesses in opposition.
- Sasha Perez
Legislator
If there are any, the two lead witnesses may come forward and use the microphones at the table in front of us. Are there any other opposition witnesses here in room 2100? If so, please use the mic at the railing. Seeing nobody getting up, I will now bring the discussion back to members.
- Sasha Perez
Legislator
Do any of our Members have questions or comments? Yes. Senator Choi?
- Steven Choi
Legislator
Thank you Chair, Assembly Member Ta, thank you for bringing up this very important bill that I will be supporting. Military service members, active volunteer service for the country and their deserving children anywhere they may be. If they are located in California, they should get the benefits as much as we can support for completing their education.
- Rosilicie Ochoa Bogh
Legislator
thank you Madam Chair. Member Todd, thank you so much for bringing this measure forward.
- Rosilicie Ochoa Bogh
Legislator
I think as a state there's so many ways that we can, still need, are open to helping our veterans and their families who sacrifice so much for for our freedoms and for this amazing country and especially as 4th of July is coming up this week.
- Rosilicie Ochoa Bogh
Legislator
I just, I think this is an incredibly patriotic themed bill and happy to support it. Happy to move it. If Senator Choi did not move it yet, as of yet and would love to be added as a co author if possible.
- Sasha Perez
Legislator
Thank you. Senator Ochoa Bogh, any other questions or comments? Alrighty. If you would like to close Assembly Member?
- Tri Ta
Legislator
Really, really, really appreciate all the Senate support. And I respectfully ask for aye vote.
- Sasha Perez
Legislator
Great. So we have a motion by Senator Ochoa Bogue and the motion for AB88 is do passed to the Senate Military and Veterans Affairs Committee. Assistant, can you please call the roll?
- Sasha Perez
Legislator
Great. And we will put that vote on call. Thank you so much, assemblymember. Seeing as though we have a quorum, if we could get a vote on the consent. Yes. And we have a motion by Senator Choi. Assistant, can you please call the roll.
- Sasha Perez
Legislator
And we will put consent on call. Great. Excellent. So we will now move back on to our authors. I see that we have Assemblymember Jackson here to present AB 90. Assemblymember Jackson, you may begin when you're ready.
- Corey Jackson
Legislator
Thank you very much, Madam Chair. I want to start off by thanking you and your staff, and we will be accepting the amendments from the committee. AB 90 is a bill that has--I have reintroduced this year to provide even greater flexibility for California Community Colleges to create a plan on how to offer overnight parking for students facing housing insecurity.
- Corey Jackson
Legislator
This bill would require the local governing board for community college districts to determine if the community colleges within their district will establish an overnight parking program. This is more of a regional approach where districts themselves can create their own programs as they see fit and then determine when it would be appropriate for them to implement it if necessary.
- Corey Jackson
Legislator
The idea is is that we know that housing continues to be another, a top priority for the state, and we need an all-hands-on-deck approach to be able to do it, and last year, unfortunately, this bill was not successful, but students remained homeless and still slept in their cars in unsafe places, and so at some point we got to figure out on how to get to yes instead of finding ways to not do something, and so with that, I respectfully ask for an aye vote.
- Sasha Perez
Legislator
Thank you, Assembly Member Jackson. We will now move on to lead witnesses in support, if there are any. The two lead witnesses may come forward and use the microphones at the table in front of us. You don't have any? Okay. Are there any other support witnesses here in Room 2100? If so, please use the microphone outside the railing.
- Kimberly Lewis
Person
Good morning. Kim Lewis, representing the California Coalition for Youth, in support.
- Tracy Rosenberg
Person
Good morning, chair and members. Tracy Rosenberg, on behalf of Oakland Privacy, in support.
- Angela Estrada
Person
Hi, Senate Ed Chair and members. My name is Angela Estrada, and I'm from Public Advocates, in support. Thank you.
- Sasha Perez
Legislator
Thank you. We will now move on to lead witnesses in opposition, if there are any. The two lead witnesses may come forward and use the microphones at the table in front of us, and you will each have two minutes and you may begin when you are ready.
- Elliot Stern
Person
Good morning, Chair Perez and Senators. I'm Elliot Stern. I'm President of Saddleback College in Mission Viejo in Orange County. It is not easy speaking in opposition to a bill that purports to do anything about homelessness, but I do so today with the backing of my fellow CEOs of community colleges because what the bill represents, even with amendments, even with complete extraction of the CSU system, is still an unfunded mandate.
- Elliot Stern
Person
Moreover, the bill ignores the good work that we've been doing at our community colleges to advance the way in which we respond to unhoused students and homelessness in general, and replaces it, supplants it, with something that would take us backwards in the way we respond to students, as if sleeping in your car, sleeping in a tent is an acceptable solution to homelessness.
- Elliot Stern
Person
At Saddleback College, we have a basic needs center, as do all of the community colleges, thanks to the funding that you have provided. At that basic needs center, we provide two responses to unhoused or imminently unhoused or housing-insecure students.
- Elliot Stern
Person
First, we have vouchers for short stays up to a week at an Airbnb, at a youth hostel, or a motel to get them through short periods. We also do urgent need grants in case someone is about to be evicted or if they need a deposit to get into housing.
- Elliot Stern
Person
These measures have been incredibly effective for us and they're an adequate and modern response. Moreover, if there's a long-term need that we can't meet, we partner with community agencies, as do all the community colleges, to make sure that those long-term needs are being addressed.
- Elliot Stern
Person
Moreover, homelessness is almost always associated with other needs, so getting a student out of their car and into our basic needs center means that we can address food insecurity, we can address technology needs, transportation needs, health needs, mental health needs. We can't do that if students stay in their car.
- Elliot Stern
Person
Now, in total, I spend about $500,000 a year just for the urgent need grants and for the vouchers that I spoke of to respond to homelessness. If this bill were enacted and my board decided to opt in to the plan or was so coerced into opting in to the plan, it would cost about $500,000, an equal amount for my college to provide 24-hour policing for that parking lot, which is absolutely necessary to provide safety and security, particularly for colleges under Title IX and Clery.
- Elliot Stern
Person
So it would take what we currently do and replace it with a backwards move. It would take the effective responses that we currently make toward homelessness and replace them with less effective measures. I say to you that this is 2025. In 2025, I hope we don't do unfunded mandates, even if soft mandates.
- Elliot Stern
Person
I say to you that this is 2025 and we no longer respond to the unhoused by saying it's good enough to sleep with your head on a steering wheel. This is 2025, we have effective responses, we're doing them at the community colleges, and we ask for opposition to this bill because it's the right thing to do, because our students are precious human beings who deserve not to go backwards in responses to homelessness. Thank you very much.
- Sasha Perez
Legislator
Thank you. And reminder, please keep your comments to two minutes. Thank you.
- Mark Fields
Person
Thank you. Dr. Mark Fields from College of the Siskiyous. I'm the Vice President of Academic Affairs there and I represent the Vice Presidents of Academic Affairs throughout the state, and we're in opposition to the bill for a number of reasons. College of the Siskiyous is located in far Northern California.
- Mark Fields
Person
If you've never been up there, it's a very rural county, 40,000 residents and accounting the size of some states, and with that said, we have a lot of challenges up there. We have snow up there, so if students were to sleep in their cars, they would have challenge with the snow. We have wildfires coming through.
- Mark Fields
Person
We address our student housing problems through having dormitories. We have 174-bed dormitories thanks to the Legislature last year or a couple years ago, funded additional dormitories. So we're building a second set of dormitories, and that's our best way to address the student housing needs in Siskiyou County.
- Mark Fields
Person
Allowing students to sleep in their cars, as said before, does not address that basic need that they have. For a short time I was homeless myself and lived on my car. I can tell you that's not the best experience. Our college, like most colleges, close at 10:00 p.m. at night. Most community colleges close at 10:00 p.m. at night and then we don't have the services of restrooms, of food, and of law enforcement.
- Mark Fields
Person
We, California, being a very small town, doesn't have the police force to patrol our campus at night, so even if we were to ask them to come out, they may not have the resources to do that. As a former police officer, I can tell--I was a retired police officer before I went into higher education--as a former police officer, I can tell you I've been to calls for people that were sleeping in their cars that experienced--they were sitting ducks, basically.
- Mark Fields
Person
They experienced crimes such as sexual assault and robbery, and we don't want to put our students in that position. So moving forward, we don't support the bill. We think that there's better ways to address the homeless problem, especially the building of student housing. Thank you.
- Sasha Perez
Legislator
Thank you. Are there any other support witnesses here or any other opposition witnesses here in Room 2100? If so, please use the microphone outside the railing.
- Tristan Brown
Person
Thank you, Madam Chair and members. Tristan Brown, CFT, a Union of Educators and Classified Professionals. Apologies to the author and the committee. We're actually in support. We just missed the earlier opportunity. Thank you.
- Nune Garipian
Person
Good morning. Nune Garipian, on behalf of the Community College League of California, representing the state's 116 colleges and 73 districts, in opposition. Thank you.
- Rebekah Kalleen
Person
Good morning. Rebekah Kalleen, on behalf of the Community College Facility Coalition, in opposition. Thank you.
- Ashley Walker
Person
Good morning. Ashley Walker, with Nossaman, on behalf of Citrus College, Mt. San Antonio Community College District, and North Orange County Community College District, in opposition.
- Michelle Underwood
Person
Good morning. Michelle Underwood, on behalf of the Association of California Community College Administrators, in respectful opposition.
- Sasha Perez
Legislator
Anybody else? Alrighty. Thank you to all of our support and opposition witnesses. We will now bring the discussion back to members. Do our members have any comments or questions? Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
I guess I'll start. So, my dear colleague, Dr. Jackson, welcome to the Committee on Education in the Senate. I am grateful that you're here, and I think you remember some of my comments from previous years.
- Rosilicie Ochoa Bogh
Legislator
You know, when it comes to this particular idea and theme, I think it's important to note that, you know, as electeds, when we hear of a need in our district or in any space, we have that need, that urgency to want to just incredibly fix it right now, and what is that immediate assistance going to help with that solution. But this one goes a little bit further than that.
- Rosilicie Ochoa Bogh
Legislator
And I talk about this in my town hall, so I talk about what is an idea to a solution and whether or not let's walk it through to see if it actually is the right way of mitigating what we're trying to solve.
- Rosilicie Ochoa Bogh
Legislator
As you probably already know and many of the audience who has followed housing in the State of California and within the space of education, I've been incredibly supportive of ensuring that we have funding, that we expedite the ability to build housing on campus because when the state mandates that we have a growth enrollment in our community colleges, in our CSUs and our UCs, then it behooves the state to also ensure that we're funding the ability to build that housing required to house those students so that it doesn't impact the local supply and impact the cost of housing within those communities as well, which has happened in many of our very highly dense universities in our state.
- Rosilicie Ochoa Bogh
Legislator
Those communities surrounding that, the housing is incredibly impacted, and I think that there's a discrepancy here in education, in our desire to grow our universities but not actually accommodate our students to live on those campuses, and that is, I think, a flaw in the whole system in the way that it thinks, especially coming from a realtor perspective.
- Rosilicie Ochoa Bogh
Legislator
You know, we know about the supply and demand. If we don't, if we have a lot of demand and not enough supply, the prices skyrocket, and it also caters to people who are going to take advantage of that and really take advantage of our students.
- Rosilicie Ochoa Bogh
Legislator
This is why at Berkeley we have students that are living in scummy places, you know, with five people in a two-bedroom apartment, and so--I'm giving context because I want everybody to understand that, well-intended in the sense that we want to house our students. We really do and we should. That should be our responsibility.
- Rosilicie Ochoa Bogh
Legislator
We're going to provide education, we're going to expect enrollment growth by our universities--we better provide that housing, and so we've done everything that I can that has gone through this in front of me to support that effort.
- Rosilicie Ochoa Bogh
Legislator
Now this is why I don't support this particular measure, because in the context of it, it's great ideas like we want them to be housed, you know, or not housed, but, you know, have the ability to stay somewhere, quote, unquote, 'that might be deemed safe,' but the reality lies in that it isn't safe, especially when we're talking about the elements.
- Rosilicie Ochoa Bogh
Legislator
You know, California has, you know, good weather for most of the year, but in areas like my region, you know, in the Inland Empire, I have the high desert, I have the low desert where it's extremely, extremely hot. We also--I also have the mountain communities, and not that any of my community colleges are in the--not that I'm aware of--are in the mountain communities, but you have the elements. Now, what happens when we allow our students to stay on the parking lots as last resorts?
- Rosilicie Ochoa Bogh
Legislator
Then we're talking about, well, these kids are going to--not kids, not say kids--but students are going to be needing facilities, restrooms, right? Because we don't want them going out in the environment and using the restroom out in the environment, so for health and hazardous purposes, we're going to have to facilitate the ability to have these buildings open, have bathrooms open available to them. We're going to have to talk about ensuring that they are safe.
- Rosilicie Ochoa Bogh
Legislator
So security is going to have to come and then they're going to have to be able to patrol to ensure that nobody's being broken into, into this space, especially if we're talking about young women. They become incredibly susceptible and vulnerable in these, in these scenarios. We're talking about--what's another thing?--ensuring that there's an emergency call.
- Rosilicie Ochoa Bogh
Legislator
If they don't have a cell phone, they need something that they have to immediately access assistance to, and the liability then falls--if something were to happen, then these universities, these colleges are now susceptible to saying, 'well, why didn't you provide this?' You know, after the fact.
- Rosilicie Ochoa Bogh
Legislator
It's not just opening to the, to the, to the ability for them to park, but the liability that comes and the responsibilities that befall on these community colleges because if something, God forbid, were to happen, they would be looked at as like, why did you not provide X, Y and Z?
- Rosilicie Ochoa Bogh
Legislator
And if we're not going to fund this effort, we're not going to give them the ability to accommodate all of these needs, you know, why not open an RV park place for community colleges and have the state fund something like that, you know, open land and so forth?
- Rosilicie Ochoa Bogh
Legislator
But there's so many liabilities, I don't think it's the solution, and it might curtail more effective ways--'ah, well, if they, if they have the parking and the colleges are providing, you know, X amount of services, there's no need to go other routes.' It might dissuade.
- Rosilicie Ochoa Bogh
Legislator
You know, it's like kind of ameliorates the need, the urgency of doing what is right and it negates the efforts that the community colleges are already doing trying to accommodate housing, whether it's with vouchers, whether it's with building or--you know, I'm not sure what other measures there would be--but I don't think it's a solution.
- Rosilicie Ochoa Bogh
Legislator
I think it's a band-aid, but it's not a solution, and the liability that goes with it, I think, it will be a disservice to many of our students to say, 'hey, you know, for now we're going to let you do that.' It's just, it's a warm fuzzy, but it's not an actual solution.
- Rosilicie Ochoa Bogh
Legislator
I'm going to do everything I can to support my colleagues in efforts that will give the funding to build and give and streamline the process so that we can actually continue to build on our campuses. That is my commitment to the students in California, especially when we're going to require our schools to grow and incentivize our students to come in. Let's work towards that end, but on this one, on this one, my dear friend, I cannot support in good faith.
- Rosilicie Ochoa Bogh
Legislator
I know it's from your heart, I know it's with an effort to really help our students, but I don't think it actually fixes the issue at the root of of the problem, which is actually housing, building housing on our campuses for our students. So with that, ma'am, Madam Chair, I'm going to respectfully not able to support the bill. It's not personal, but it's--it's just the, the idea, sir, that I will not be supporting today.
- Steven Choi
Legislator
Thank you, chair and Assemblyman Jackson. Unfortunately, I don't think I can support this bill either, although I did vote yes when I was in the Assembly. I think this is identical bill for--I don't know what has happened. I thought it has passed but must have been defeated--veto was for whatever reason, was not implemented because you have brought up this same issue.
- Steven Choi
Legislator
I think all the important points have been already raised by Senator Ochoa Bogh as we hear that your well-intended, sympathetic approach, something is better for them, for needy students when there is no place for them to go.
- Steven Choi
Legislator
So maybe you thought that would be a lot more safer for them to be in the security area, but as we heard from our president from Saddleback College, did you know that I was a former faculty of Saddleback College? You didn't know that. I set up Korean language program in the total of three years.
- Steven Choi
Legislator
I hope it is still continuing. I found my successor, another Dr. Choi, but I don't know. I did not follow up on that. I commuted once a week to the campus. I used to live in also Mission Viejo. Now I live in Irvine. As Saddleback--Preston has stated, I think that approach is a lot better.
- Steven Choi
Legislator
Five hundred thousand dollars is effectively working very well, basic needs center providing food service, either motel, hotel, or Airbnb, the decent place, but temporary parking space, that will create all kinds of issues as we heard: liability, security issue, sanitation, bathroom, food, you can name it.
- Steven Choi
Legislator
And then also that may even entice for the people, 'hey, there's a basic needs will be solved if I move from my apartment, which costs $2,000 a month, or maybe $200 I can maintain on the parking lot.' So it is--even though that's well-intended, but the outcome may be the other way, creating more problems.
- Steven Choi
Legislator
So I think we need to find a more permanent solution. I mean, as an educator myself, I label because all my life I've been teaching community colleges and USC, UCI, among many other colleges, universities. I sympathize how education is important. I could have been ended up on the street myself because I came with $50 in my pocket.
- Steven Choi
Legislator
But the education, I did my best to provide myself, busboy, street vendor--you name it, I have done it, while also attending Louisiana State University. So I know the value, how important it is. Under whatever difficult circumstances, I would encourage for students to do their best to complete their education, which will open up a different door.
- Steven Choi
Legislator
I never thought I would be the Senator of the State of California when I was washing dishes, so I know the value of that. So we need to provide every means we can, but I don't think this is the best solution even though you are trying to help them, but in essence, for the long-term, I think that the resource $500,000 that I hear even to provide the security alone can double the basic needs service that currently the Saddleback is providing.
- Steven Choi
Legislator
So I think for now this bill, rather than using the local resources or state funding, if there's any for that locally, it might be, probably it would be unfunded mandate if that is implemented. So I think we need to save those resources for the more permanent solutions. I hope you'll understand.
- Sasha Perez
Legislator
Thank you, Senator Choi. You know, I want to go ahead and just comment, I think, on a couple of things because I know that there's been some concerns raised, and you know, Assembly Member Jackson, I appreciate you accepting some of the committee amendments that I think directly address some of the concerns that have been raised.
- Sasha Perez
Legislator
You know, we recognize that there's a homelessness crisis that's happening across our college and university campuses, and a lot of that has been driven by the fact that we're in a housing crisis here in the State of California, and so our students of course are going to feel it too.
- Sasha Perez
Legislator
I myself, you know, stayed on some friends' couches for a couple of years during college and was housing-insecure, and I think that is the experience of so many students that are enrolled, whether it's in a community college or in a four-year university. We know that safe parking programs are not long-term solutions.
- Sasha Perez
Legislator
They are a stopgap for the fact that, unfortunately, it does take significant time and resources in order to build the kind of housing that we need, and we've also seen that there are several bills moving through the Legislature this year to achieve that very concept.
- Sasha Perez
Legislator
I know Assembly, your Assembly colleague, Assembly Member Rick Chavez Zbur, is working on a bill to make it more flexible to provide exemptions, particularly for community colleges to be able to build more housing, which is absolutely the direction we need to start moving into, but we know that there's many challenges that we face in doing that, right, and there's also cost as well as time associated and many of our students need help right now.
- Sasha Perez
Legislator
At the same time, I also recognize that not every college has the resources to, you know, necessarily meet this demand, right, and to provide these services. It depends on access to bathrooms, depends on the design. As Senator Ochoa Bogh brought up, you know, whether or not it's a covered parking lot or an uncovered parking lot to keep students safe from elements, all of those things have to be brought into consideration.
- Sasha Perez
Legislator
That's part of the reason, you know, why we had proposed our amendment to make it so that the college is able to consider, the district is able to consider whether or not they would like to do a safe parking program. That's a decision that they can make.
- Sasha Perez
Legislator
They can go ahead and do an assessment as a district to determine whether or not this is a viable option for the district, and we also removed the minimum requirement, the minimum requirement. Originally there was a number included and now it is up to the college to determine what that number is.
- Sasha Perez
Legislator
We know there are several colleges throughout the state, even very small colleges, that are already hosting safe parking programs, and some of them are very small programs. It's only for maybe ten cars, 11 cars, 12 cars, because that's what works for them based off of their facilities and based off of their staffing capabilities.
- Sasha Perez
Legislator
And so, you know, I think the amendments that you accepted better help support those colleges that are doing the right thing, that have made that assessment and chosen a pathway that works for them, and allows them to decide if they do want to move forward with such a program, how to best design it for their campus.
- Sasha Perez
Legislator
So I recognize, you know, some of the concerns that have been raised by the opposition. I think we realize that the one-size-fits-all approach with some of these things is not going to work, and in addition to that, this is not a long-term solution at all, by any means.
- Sasha Perez
Legislator
Our students absolutely deserve affordable housing, and I think we're trying to work on creating a pathway to get there, but in the meantime, the reality is for so many of our students is that they are homeless and they are living out of their cars, and as someone who was once one of those students and understands what that feeling is like, you know, that that can be a big game changer for them, right, in making sure that we're providing them a little bit of ease as they, as they try to navigate that situation.
- Sasha Perez
Legislator
So I think given the amendments that you've accepted, Assembly Member Jackson, I think it's done a good job of addressing, you know, some of those issues. I know you're heading to Senate Judiciary next, and I know that they'll be talking with you further about some of the other parameters within this, but appreciate the work that you've done here and the effort that you've led, so--and you being mindful and taking into account the feedback of the committee consultants. So thank you, and I will turn it over to you to close.
- Corey Jackson
Legislator
Thank you very much, Madam Chair. I mean, obviously, building housing is the ultimate goal that we want to strive to do, and I think, though, that the reality is is even if we approve housing today, there will still be students sleeping somewhere in dangerous places while that housing is coming into fruition.
- Corey Jackson
Legislator
And one thing that we're taught as social workers is to really think in terms of an ecological approach, and an ecological approach just means that understanding the whole life, the whole lived experience of a person, and so we can't just say that, you know, the best thing is for housing but we still haven't addressed what's happening with this student right here. And we can't just say, you know, 'well, they won't be safe here.' Then the question is, well, where would they be safe then if not on a college campus?
- Corey Jackson
Legislator
So I think we keep trying to look at snapshots of a person's lived experience, but not understanding that if not us, then who will help them? And I think that there is no doubt--and I've made it very clear, it is actually in the bill itself--that this is supposed to be a last resort, and so to think that this is supposed to deem it acceptable--and anyone who would assert that is just lying. It's just not true.
- Corey Jackson
Legislator
And I don't think there's hardly anyone who can argue that any bill that I do is one that's based upon the facts, which is safe parking, overnight parking is the best practice to get them stabilized and then get them the services that they need. You can't help people if they're not stabilized, and so there's a number of things that were said that are just false.
- Corey Jackson
Legislator
And, you know, I really find it offensive, to be honest, that anyone would assert that we're trying to normalize this, that we're trying to make this above any other thing, that is--all the research shows is a better way to do it. And everyone knows by now--this is not the first time I've done this bill--everyone knows that this is supposed to be a last resort. Everyone knows that--unless you just didn't read the bill--and so I think at the end of the day is we always find ways of saying no.
- Corey Jackson
Legislator
Let's finally say yes, because if we really want to do what's in the best interest of these students, this is not the perfect one, but unless you have a bed for them right now, unless you have a voucher for them right now, there is no doubt that this is the alternative other than them fending for themselves. So at the appropriate time, I respectfully ask for an aye vote.
- Sasha Perez
Legislator
Thank you, Assembly Member Jackson. So we need a motion on the bill. We have a motion from Senator Laird. Alrighty, and the motion for AB 90 is do pass as amended to the Senate Judiciary Committee.
- Sasha Perez
Legislator
Thank you. We will put that bill on call. Thank you, Assembly Member Jackson. So I see that we have Assembly Member Muratsuchi in the audience to present AB 477. Assembly Member, you may begin when you are ready.
- Al Muratsuchi
Legislator
Thank you, Madam Chair and senators, I'm here to present Assembly Bill 477, the Fair Pay for Educators Act, to help close the pay gap that our teachers and our essential school staff are facing. AB 477 will set education funding targets with the goal of giving school employees a 50% pay raise over the next 10 years.
- Al Muratsuchi
Legislator
California is facing a school workforce crisis with many educators simply unable to afford to live anywhere close to where they work. With the number one reason that young people are giving as to why they are not interested in becoming teachers, and that is because of the low pay for teachers.
- Al Muratsuchi
Legislator
This wage gap has been growing over the years. Over the last 45 years, college graduate salaries have grown three times faster than than that for teachers. Today, a California teacher earns just 76 cents for every dollar that their similarly educated peers make.
- Al Muratsuchi
Legislator
Nearly 2/3 of young adults surveyed list salary as the top reason why they are not interested in becoming teachers.
- Al Muratsuchi
Legislator
And as for our essential school staff, our classified staff, which we rely upon to run our schools and to take care of our kids, we know that in too many cases, classified employees can make more working at a fast food restaurant than working as a classified school employee.
- Al Muratsuchi
Legislator
We must close this wage gap to attract and retain the next generation of educators. This bill is sponsored by teachers and classified staff. Let's pay our teachers and essential school staff what they deserve.
- Al Muratsuchi
Legislator
Here to testify in support of this bill is Juan Ramirez, Vice President of the California Federation of Teachers, and Carlos Lopez, representing the California School Employees Association.
- Juan Ramirez
Person
Good morning, Madam Chair. My name is Juan Ramirez and not only am I the Executive Vice President of CFT, but I have a 24 year teaching experience providing essential education for kindergartners as well as second through fourth graders. Working in education is a passion.
- Juan Ramirez
Person
There is no other way to describe what gets an educator out of bed every morning to see the faces of our students. That passion overcomes plenty of obstacles and we take on those obstacles and our reward is the thank you that comes out of our students wearing a cap and gown. But some obstacles we cannot overcome.
- Juan Ramirez
Person
The wearing down of our soul from commutes that span not just miles, but entire counties because we cannot afford the rents where we work. The lack of resources and classroom materials to effectively teach, the overcrowding of our classroom because no one applies to fill a vacancy or or our colleagues quit in frustration from burnout.
- Juan Ramirez
Person
While California has made big strides to increase our education funding, there is far more work to do lack of funding has kept wages of educators well under the rest of the labor market which makes people second guess a career choice in education.
- Juan Ramirez
Person
In 2022, California graduated only half as many new teachers as it did at its peak in 2004. The Learning Policy Institute reported that about 8.5% of teachers in California appear to be leaving the profession each year and another 8% leave the current school to move to another.
- Juan Ramirez
Person
This turnover rate were highest in schools serving higher number of students from low income families and in those serving in large concentration of students of color. AB 477 sets a new funding goal for California to tackle these problems.
- Juan Ramirez
Person
Following the advice of State Board of Education President Linda Darling Hammond, teachers play attracts and retains effective educators as they lead to better student outcomes. I urge you to support AB 477 today and help our schools have the funding they need to fix our staffing crisis and help the students most in need. Thank you.
- Carlos Lopez
Person
Hello. Good morning Madam Chair and members. My name is Carlos Lopez with the California School Employees Association which represents over 250,000 classified Members across the State of California. Classified staff perform essential services every single day for our students.
- Carlos Lopez
Person
Feeding, instructing, transporting millions of students across the state and ensuring that they have clean and safe schools in which to learn and thrive. There really is no class without classified employees. Yet our classified wages have fallen below the cost of living and many of our members struggle to stay in their position to make ends meet.
- Carlos Lopez
Person
I've been working with classified employees for years and most of them would just like to be able to quit their third job and just be able to stay on two jobs. The clear funding goals laid out by AB 477 will help districts recruit individuals, talented individuals and retain their experienced classified staff.
- Carlos Lopez
Person
Having fully staffed schools with long term classified employees will ensure that our students receive the highest quality services possible. And AB 477 is a major step to making that possible. So we urge you to vote yes.
- Sasha Perez
Legislator
Thank you for your presentation. Are there any other support witnesses here for AB 477? Please use the mic at the railing.
- Zhang Lohr
Person
Good morning. Zhang Lohr with the California Teachers Association proud co sponsor. Thank you. Thank you.
- Megan Bar
Person
Good morning. Megan Bar on behalf of Oakland Unified School District in support.
- Orilia Reyes
Person
Good morning. Orilia De Reyes on behalf of ED Trust West in support.
- Janice O'Malley
Person
Good morning, Madam Chair, members, Janice O'Malley with AFSCME in support.
- Sandra Barreiro
Person
Good morning. Sandra Barreiro on behalf of SEIU California in support.
- Bernice Joseph
Person
Good morning. My name is Bernice Joseph, I'm international science and politician.
- Michelle Underwood
Person
Good morning. Michelle Underwood on behalf of the California School Funding Coalition in a support if amended position to look at that intent language around salaries. Thank you.
- Kordell Hampton
Person
Good morning. Cordell Hampton with the Association of California School Administrators in a support if amended position. We agree with the objective to increase LCFF base grants across grade span levels, but have concerns with the tent language regarding teacher salaries. Thank you.
- Sasha Perez
Legislator
Great. Anybody else? Alright, we will now move on to lead witnesses in opposition. Please use the mics at the railing and you will be given two minutes each. Okay, that's all righty. You may begin when you're ready.
- Jeff Vacca
Person
Good morning, Madam Chair, members, Jeff Vacca, representing the Riverside County Superintendent of Schools, feel a little bit like the proverbial guy who drops the you know what in the punch bowl this morning. I want to express our grateful. We're grateful to Assemblymember Muratsuchi for his long standing support of the Local Control Funding Formula.
- Jeff Vacca
Person
We've supported three previous bills that he has authored to set new aspirational targets within the LCFF. We have had concerns about the intent language in AB 477 since the bill's introduction. Like our colleagues at AXA, we had a support if amended position when the bill was in the assembly.
- Jeff Vacca
Person
The amendment, the recent amendment to the bill to give it the title of the Fair Pay for Educators Act has really magnified those concerns. And it's not that we are opposed to fair pay for educators. Nothing could be further from the truth.
- Jeff Vacca
Person
We simply don't feel that the Local Control Funding Formula is the appropriate place for that conversation in that it conflates the purpose of the LCFF, which was to be student centered and to provide additional focus on the students with the greatest needs. It conflates that with really what is a conversation about funding adequacy.
- Jeff Vacca
Person
We have engaged with Assemblymember Muratsuchi, who has been very supportive over the years on that conversation about funding adequacy. And, you know, obviously it's a difficult conversation. There'll be more opportunities to do that. But at the end of the day, the LCFF is simply a distribution mechanism for any increased funding.
- Jeff Vacca
Person
And we simply do not agree with the notion of restricting the use of increased funding, even in intent language, for what was intended to be locally based priorities that are student centered. For those reasons, we are respectfully opposed to the bill.
- Janice O'Malley
Person
Good morning, Madam Chair, members of the committee, Sarah Petrowski on behalf of the California Association of School Business Officials, I would like to align my comments with those from my colleague from Riverside and just add that CASBO has long supported a school finance system that fully funds the costs of the state's high academic standards and the.
- Janice O'Malley
Person
Needs of all of our students. Our concern with AB 477 stems from tying the increased funding to one use which we see as undermining a core tenet of the Local Control Funding Formula. The ability of local communities to determine how funds should be used to support student needs through the local control and accountability plan process.
- Janice O'Malley
Person
We are very grateful to the author for his long standing support of the Local Control Funding Formula and pushing for increased funding. But we respectfully ask for a no vote.
- Sasha Perez
Legislator
Thank you. Do we have any other opposition witnesses here in the room? If you could use the mic at the railing.
- Unidentified Speaker
Person
Good morning. School Boards Association in respectful opposition for the same reasons outlined by my colleagues at the table. Thank you.
- Peggy Delgado Fava
Person
Peggy Delgado Fava, Board Trustee for Pleasant Ridge Union School District. Funding for salary should be at the local level. Thank you.
- Sasha Perez
Legislator
Anybody else? Alrighty. Thank you to all those who spoke. We'll now turn it back to our members. Do we have any questions or comments? Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
Thank you. So big one here. Big one. But I am listening to both the intent which is to ensure that we have well paying teachers to ensure that we have the workforce in our retirement. We're talking about teachers right now. I'm trying to figure out where do I start? Where do I start on the premise on there.
- Rosilicie Ochoa Bogh
Legislator
So let's begin with the budget that we are currently allocating as a state towards our education as a whole. Which is approximately and correct me if I'm mistaken, but it's around just over $19,000 for state funding per student for pupil. And the federal is approximately right now estimated was during our budget discussions around 6,000.
- Rosilicie Ochoa Bogh
Legislator
So it's a total of about $25,000 per student that our schools are currently receiving. So $25,000. With that we have the LCFF question or the allocation of this funding that's supposed to be student centered was very strategically designed back in what? 2010-14-13. Okay, so back in 13. So let me begin really quickly.
- Rosilicie Ochoa Bogh
Legislator
We have 365 days out of the year. Our teachers are working. What's the academic year right now?
- Rosilicie Ochoa Bogh
Legislator
180. So about 180. That's approximately six months. About 868 months. It's hard. I'm just trying to figure out the math here. So we have about 180 days, 365 days out of the year. Personally I've always said we need longer school years, but personally. But we're talking about 180 days out of the year makes it very hard.
- Rosilicie Ochoa Bogh
Legislator
And then we're talking about $25,000. Approximately. We have the LCFF that is student centered. If it's not within the- the- oh, here's the other question I had.
- Rosilicie Ochoa Bogh
Legislator
I'm going to put it out there because where does Mccarty's Bill fall into this Assemblymember Mccarty, who said that by 20, I believe it was 2035 teachers, where the state was to or state was supposed to pay, I think like a 50% increase. It was Mccarty's Bill. Two, three years ago, actually.
- Rosilicie Ochoa Bogh
Legislator
That was your bill. So Mccarty also had one too. Right.
- Rosilicie Ochoa Bogh
Legislator
A co author on it. So what happened to that particular bill?
- Rosilicie Ochoa Bogh
Legislator
Okay, alright. I thought it was. I apologize. I thought it was Mccarty's Bill and I thought it had been signed into law which put aspirations as to what teachers needed to pay.
- Rosilicie Ochoa Bogh
Legislator
So I wanted to make sure that we knew that if the LCFF base is not where we're supposed to address the funding part of it for of our teachers, where should it be aiming for?
- Rosilicie Ochoa Bogh
Legislator
Because I know, and I'm trying to figure out where this falls into the negotiations that happens at the local level with the teachers salaries with this bill and with the local negotiations allowing them to allocate the $25,000 per year per pupil. Where does it fall? Where should it fall?
- Al Muratsuchi
Legislator
Okay, well, you know, as I think the former local school board members know, that, you know, usually between 80 to 90% of a local school district's budget is funded by the state.
- Al Muratsuchi
Legislator
And- And so, you know, the intent of- the intent language of AB 477 does clearly state this is in section 342238.017, subsection B, it is the intent of the legislature to use the funds in order to increase salaries to close the wage gap and improve recruitment and retention of school staff subject to local bargaining.
- Al Muratsuchi
Legislator
So, you know, I- I this bill fully recognizes that salaries are ultimately collectively bargained at the local level, but then most school district funding comes from the state.
- Al Muratsuchi
Legislator
So, you know, I have much respect for the opposition, but I see this more as like an aspirational target to not only increase the base grants, which I know the opposition supports, but you know, to have a win win situation school districts, you know, we're going to aspire to have more funding at the local level.
- Al Muratsuchi
Legislator
And with the reality that most of a school district's expenditures goes to salaries and benefits, that the intent is to increase school staff salaries in order to close the wage gap and to attract and retain good teachers and essential school staff.
- Al Muratsuchi
Legislator
So, you know, I think you're setter, you're asking how this all plays out relative to our system of state funding with local control, locally bargained salary schedules. So I hope that helps.
- Rosilicie Ochoa Bogh
Legislator
Not quite. Okay, but we'll work on it. I get where you're going and I understand the intent. I'm just trying to figure out, based on the opposition's arguments that where. Where would be the proper place? Because I know the local bargaining in it. We don't want to take that away. That is, that is the.
- Rosilicie Ochoa Bogh
Legislator
And the bill respects that. We're also talking about unprecedented amounts of money that the state is now currently investing. Right. So where would that be? Where? If it's not, if we don't want to adjust the LCFF formula or if we- if we adjust the local funding formula and it inhibits the ability to become student focused, where would.
- Rosilicie Ochoa Bogh
Legislator
Where do we accommodate the increased salary base? Where would that be? Where would the appropriate place be to address that need?
- Jeff Vacca
Person
Madam Chair, with your permission, Senator Ochoa Bogh. In recent years, there have been a number of efforts that are focused on the adequacy of school funding getting down to facts prior to process.
- Jeff Vacca
Person
The last time the state went through that process, which is very much research driven, it demonstrated that in order to fully fund schools at the level that would allow us to provide all of the programs that we want for students, but also to compensate staff employees, teachers and classified employees at the level that would allow to close those wage gaps, would take $26 billion above what was being provided by the time, at the time we're about to begin, or the state is about to begin the third round of those conversations about getting down to facts, I think that provides a more appropriate venue for those types of conversations than to put what is clearly a worthy goal into the Local Control Funding Formula.
- Jeff Vacca
Person
There's no easy answer because to generate that amount of increased funding, you have to get into a conversation about revenues, inevitably, which the state has typically not wanted, to increase revenue generation through increased taxes, et cetera. So it's challenging, it's difficult.
- Jeff Vacca
Person
We simply don't think that LCFF Local Control Funding Formula is the place to put that language into statute and create that expectation, notwithstanding the reference to local collective bargaining.
- Rosilicie Ochoa Bogh
Legislator
Okay, that's helpful. And we have our. You have the whole budget for education committee right here. So that's why I'm asking is. I'm glad you're here, Senator Laird, because he has a huge history and I trust his perspective. So in realms of this- of this, the feedback and the opposition and the concerns.
- Rosilicie Ochoa Bogh
Legislator
Madam Chair, if I may, would love to hear some feedback from our- our- our committee, one subcommitee, one chair, as to where is the appropriate place for conversations as far as base funding allocation. Where should we be seeing this?
- Sasha Perez
Legislator
Senator Laird, would you like to respond and provide some context?
- John Laird
Legislator
No, but I'll do it. I was going to speak anyway, but I really appreciate this because I, I think the discussion is really, until we figure out how there'll be more revenue to the system, having a discussion of how we would spend that revenue before we have it is very difficult. And I appreciate the aspirational part.
- John Laird
Legislator
And Senator Cortese has his own aspirational bill, which I have supported with the idea that we tried to signal that we want to do that.
- John Laird
Legislator
But until the voters choose to maybe revise the commercial side of property taxes or something else, I don't see in the current structure where there will be revenue to put additional things into education.
- John Laird
Legislator
And so, and if I can make a semi snarky comment, when I was Secretary of Resources, I worked with Eric Garcetti all the time, the mayor of LA, who had these wonderful goals that had to be made good long after he left.
- John Laird
Legislator
And he would just constantly do these goals that he was not going to be around to do. Now he's working hard to be around for eight years to help with the goal. I get that. But I think I'm willing to support this on the aspirational level.
- John Laird
Legislator
But I am fully cognizant of the fact that unless we address the revenue issue, this won't have the impact that the author is desiring for it to have.
- Al Muratsuchi
Legislator
I know that this is the Policy Committee and not the Fiscal Committee, but given that obviously the issues are going to be intertwined, I just want to direct your attention to the Assembly Appropriations Committee analysis that actually highlights, number one, the fact that in 2013, my first year in the legislature, we actually set.
- Al Muratsuchi
Legislator
There's a precedent for setting aspirational LCFF funding targets. We did that in the 2013 budget that was championed by then Governor Jerry Brown to restore the budget cuts that we suffered during the Great Recession. And we actually reached those funding targets, those aspirational funding targets.
- Al Muratsuchi
Legislator
But the important point that the Appropriations Committee and Assembly raises is that since 2013-14, LCFF base grant rates have increased annually by an average of 3.9%. Whereas funding the rates set by this bill would require an average annual increase of 3.7%.
- Al Muratsuchi
Legislator
So I know that a 50% increase may sound very ambitious, but actually, as the Appropriations Committee analysis points out, if we assume the historic trends in the growth of K12 education funding since the inception of the LCFF, this bill, as the Appropriations Committee writes in their written analysis, this bill could be fully funded within the Proposition 98 General Fund guarantee by fiscal year 2020-2036-37 which is the target year of this bill.
- Rosilicie Ochoa Bogh
Legislator
So once again going with that understanding that if trends continue, if trends continue and it's aspirational within the base, the. Then. Does that work within the fiscal. Because these are, these are the financial folks and this is why it takes so much, so much credibility in what they're saying is because this is what they do.
- Rosilicie Ochoa Bogh
Legislator
They work on numbers. They work. This is, this is the world that they live in. So that's why when they have concerns, it's going to be concerning for me, because we can have these aspirational goals.
- Rosilicie Ochoa Bogh
Legislator
But if the people that are actually working in that space, that are working the numbers and trying to make things work in this space, I want to make sure that they can make that work because it's not within, well, it is within the purview of the state to come in and say this, but we have to make sure that we have the system in place to make it work.
- Rosilicie Ochoa Bogh
Legislator
And so having said that, I would love to hear final thoughts on whether or not with that in mind that it is aspirational. Would it work? Work?
- Jeff Vacca
Person
So let's use Riverside County school districts as an example. Senator, we have 23 school districts in the county. 19 of them are currently in declining enrollment. That alone impacts the amount of revenues that they receive.
- Jeff Vacca
Person
So all of those districts have made significant progress in recent years in terms of increasing the amount of compensation for the employees on both the certificated and, and the classified side.
- Jeff Vacca
Person
But the reality, given the cost of living adjustment that is in this year's budget of 2.3%, we have a number of districts where essentially they're getting a cut moving into the next fiscal year, even though they're getting, from the state's perspective, more money, quote, unquote.
- Jeff Vacca
Person
So that's the context under which they would begin the conversations in collective bargaining, where quite appropriately, the employee organizations would note the cost of living adjustment, perhaps begin the conversation at that level where the district is having difficulty even reaching that amount because of the current fiscal condition of the district and the state.
- Jeff Vacca
Person
And so those are, you know, really difficult decisions that have to be made by the governing board, by the district leadership, in consultation with all of the employee organizations.
- Jeff Vacca
Person
So I don't know if there is a good answer on whether that would work over a 10 year period because, you know, notwithstanding what I think we all agree is a worthy goal, it's ultimately going to be driven by the economic and fiscal conditions of the time, which we simply can't predict, you know, over a one year period, much less a 10 year period.
- Sasha Perez
Legislator
Thank you. Any other comments or questions? You know, I'll just add on as we wrap up. I appreciate you, Assemblymember Muratsuchi, for bringing this forward. I think we all recognize that so many of our school teachers, our school staff, are significantly underpaid. And this has been a challenge for a very long time.
- Sasha Perez
Legislator
I have so many friends who worked as teachers that have left in the last five years, particularly after the pandemic and simply, I mean, because they are overworked and underpaid. And you hear that story over and over again.
- Sasha Perez
Legislator
In fact, our friend, Assemblymember Mike Fong, his district director, who's one of my best friends and was a teacher for almost 13 years before she left to be his DD and that was a big part of the reason.
- Sasha Perez
Legislator
It is a huge, huge workload and pay has not matched the many challenges that teachers are now dealing with in the classroom that frankly oftentimes go even beyond teaching. Having to now look out for students mental and social and emotional needs as well as well, all at the same time, as well as trying to teach children.
- Sasha Perez
Legislator
So appreciate you bringing this forward. I do think it's healthy for us to have these conversations about how we go out about achieving some of these bigger goals.
- Sasha Perez
Legislator
If we do want to be intentional about raising teacher pay, if we do want to be intentional about raising the pay of our school staff, we do have to set goals and we do have to have a conversation about whether it's raising revenues or reallocation of dollars.
- Sasha Perez
Legislator
You know, those are the discussions we need to have if we ever want to get there instead of just continuing to acknowledge that we have a problem without creating a pathway to work towards that. So I appreciate your bill in that it is aspirational and it sets out a timeline that looks very into the future.
- Sasha Perez
Legislator
But I think it also kind of demands of us to have this conversation about how would we make something like this work. And those are the tough conversations that we need to have. So my recommendation is going to be, you know, an aye vote.
- Sasha Perez
Legislator
I'm very supportive of this and appreciate you bringing this forward so that we can continue having these healthy discussions and really keep our eye on the prize, which is making sure that our educators, that our school staff are being well compensated and that their wages represent the value of the work that they do every day in the classroom.
- Al Muratsuchi
Legislator
Thank you very much for your comments and I appreciate everyone's questions and comments. I just want to wrap up by- by you know saying, bottom line is this bill is about getting our school districts more money by increasing the base grant, which is something that the opposition had supported in previous versions of the bill.
- Al Muratsuchi
Legislator
And we just added the intent, the goal, the aspiration that we need to close the pay gap that our teachers and our classified school employees are facing so that we can continue to attract and retain the best teachers and the best classified staff that we can get. We've done this before.
- Al Muratsuchi
Legislator
The assembly appropriations analysis lays out how it's more than just aspirational. We have achieved these LCFF funding targets before. We can do it again. I respectfully ask for an aye vote.
- Sasha Perez
Legislator
Thank you. And we need a motion on AB 477. We have a motion by Senator Laird and that motion is do pass to the Senate Appropriations Committee.
- Sasha Perez
Legislator
And we will put that belong call. Thank you, assemblymember. Next up, I see that we have Assemblymember Kalra here to present AB 347. Assemblymember, you may begin when you are ready.
- Ash Kalra
Legislator
Good morning and thank you, Madam Chair. AB347 is the compassionate learning advancement for science students, also known as the CLASS Act. Under current law, students have the right to opt out of dissection assignments, but many are not made aware of this right or offered an alternative assignment.
- Ash Kalra
Legislator
AB347 will strengthen existing law by providing students with a written notice that will inform them about their right to opt out and will ensure students receive a comparable or a comparable assignment to achieve similar learning outcomes. Lastly, upon request, students will receive information about where the animal is sourced from and the chemicals they'll be exposed to.
- Ash Kalra
Legislator
This is also important information for the educator to know what kind of chemicals that they are exposed to. While current law allows students to opt out of animal dissection, they often feel obligated to participate because they may not be informed about their right to opt out or fear they'll get a failing grade if they don't participate.
- Ash Kalra
Legislator
Anatomy and dissection are an essential scientific teachings. However, with the advancements in educational technology, alternative methods become more widely accessible and affordable for educators to offer comparable assignments.
- Ash Kalra
Legislator
These alternative methods, such as a synthetic frog model or frogipedia, an application for mobile phones or tablets, offer a practical alternative that still allows students to participate and learn about anatomy. These methods can also be reused year after year, resulting in cost savings over time for our schools.
- Ash Kalra
Legislator
We especially saw these alternatives in practice during the pandemic when no one was doing animal dissection, but those courses were still being taught throughout our state. I would like to clarify this time that under current law, agricultural courses are exempt and will continue to be under this bill.
- Ash Kalra
Legislator
By providing students with a written notice, AB347 will empower them to make informed decisions and if they choose to opt out of animal dissection, the bill would ensure they're given an alternative assignment. Students have the right to an education and should not be penalized for exercising their student rights.
- Ash Kalra
Legislator
I'm proud of the fact that this bill passed off the Assembly floor with a strong bipartisan vote. Here to testify in support are Sienna Roth, a former student at Aliso Niguel High School, and Samantha Crow, Associate Director for Teach Kind Science and a former Professor of Biology.
- Sasha Perez
Legislator
Thank you. You may begin when you are ready and you have two minutes each for your presentation.
- Samantha Crowe
Person
Great. Thank you so much. Honorable Chair and Senators, thank you so much for your time. I'm Samantha Crow, Associate Director of PETA's Humane Science Education Division, and I taught college Bio for about 12 years. Animal dissection is not a magical way to get students excited about science.
- Samantha Crowe
Person
In fact, it disenfranchises compassionate students and can often turn them away from the sciences. Animal dissection is not mentioned or required in any curricula that covers California students. Not a single one. No US medical schools use animal dissection and experience with it is not expected or required of incoming students.
- Samantha Crowe
Person
There are many superior methods and materials to support student proficiency in the life science standards that are more effective and equitable for all students. Non animal methods better prepare students for higher ed. Better prepare them, you know, rather than animal dissection, these methods have in depth layering of all anatomical parts. They have correct coloration.
- Samantha Crowe
Person
They even have simulations of body systems so actual physiology that you can learn. None of which is possible with an animal cadaver. TeachKindScience recognizes educators professional judgment, of course, in selecting instructional materials as well as their responsibility to choose materials that are both safe, humane, cost effective, inclusive, and aligned with social, emotional, learning and trauma informed education.
- Samantha Crowe
Person
Please help students become better scientists and help educators honor students rights by voting aye on AB347.
- Sienna Roth
Person
Hi, I'm Sienna Roth and I have firsthand experience with opting out of animal dissection. Thank you so much for having me here. During my senior year at Aliso Niguel High School, my anatomy and physiology class was doing dissection. I asked for a different assignment because my personal beliefs do not align with the activity.
- Sienna Roth
Person
I was immediately met with opposition. My teacher and one of the school administrators asked why I was in the class if I wasn't going to dissect and suggested that I drop the class.
- Sienna Roth
Person
Not only did they not inform me of my right to opt out of dissection, but they encouraged me to leave a class that would help me get a head start on my future career as a nurse. We should not have to choose between our education and our ethics.
- Sienna Roth
Person
My school was not aware of their responsibility to inform me of my right to opt out of dissection, which is why there needs to be a written notification and a uniform complaint procedure. This will ensure students are doing the assignment that allows them to learn best.
- Sienna Roth
Person
Dissection is an outdated learning tool that doesn't teach to the needs and learning styles of all students. I was able to use the Getting Nerdy paper model and I scored significantly higher than my classmates on the dissection test.
- Sienna Roth
Person
I understood the material better and a lot of my classmates told me they wished they had done the alternative assignment too. They said dissection felt gross, sad, and unnecessary.
- Sienna Roth
Person
I was lucky to have so much support and opting out between my mom helping me find connections and resources, PETA TeachKind informing me of my legal right to opt out of dissection, and the incredibly supportive assistant Superintendent working with me to make sure this doesn't happen in the future of my district.
- Sienna Roth
Person
However, as supported as I was, I had to jump through hoops, attend many meetings, and take time out of my busy student life to advocate for rights that should have been integrated long before I I started the class.
- Sienna Roth
Person
My younger sister took a science class similar to mine the next year and while her teacher offered the alternative assignment, when my sister took advantage of it, her teacher pushed back and said what? It's not like you have to eat it.
- Sienna Roth
Person
This issue is not anywhere near resolved even in my school where I was able to make direct impact. I do not want other students to have the same experience I did.
- Sienna Roth
Person
Teachers should know their responsibilities and parents and students should be aware of their rights so that everyone can learn in a way that best reflects their ethics as it pertains to animal dissection.
- Sasha Perez
Legislator
Thank you. Do we have any other support witnesses here in the room? Please use the mic at the railing.
- Nickolaus Sackett
Person
Hello, Chair, Members. Nicholas Sackett for proud co sponsor of the bill Social Compassion in Legislation. Thank you very much.
- Sam Nasher
Person
Good morning Chair Member Sam Nasher on behalf of the Los Angeles County Office of Education in Support. Thank you.
- Karen Stoud
Person
Good morning. Karen Stoud, on behalf of the Animal Legal Defense Fund in support.
- Sasha Perez
Legislator
Great. Anybody else? All right. We will now take lead witnesses in opposition. You may come up front, use either of the mics, and you will have two minutes to speak. Thank you.
- Tom Getlin
Person
Good morning. My name is Tom Getlin and I'm here as an employee of Carolina Biological Supply Company. Which is a Member of the hands on Science Partnership, which is a trade Association of 13 companies who, like Carolina, supply curriculum and supplemental science instruction to K-16 schools and beyond.
- Tom Getlin
Person
We are also devoted promoting hands on active science learning for all students. Carolina Haasp and the National Science Teachers Association strongly urge you to oppose the passage of Assembly Bill 347 and have addressed correspondence with an outline of our reasoning, which I'll provide a quick synopsis of here. Four points we oppose because it's duplicative of existing law.
- Tom Getlin
Person
Current provisions in Education Code 32.255.1 already provide appropriate avenues for students to opt out of dissection activities in favor of alternative means. We oppose because it would incur unwanted costs to schools.
- Tom Getlin
Person
Last year the California Department of Ed Finance Committee opposed similar legislation because it was estimated to cost up to $4.3 million to fulfill the requirements of the Bill.
- Tom Getlin
Person
We oppose because it creates an unfair bias against dissection and it could eliminate and prohibit science teachers and students who want to participate in dissection and learn in a manner they both enjoy and are engaged in. And we oppose lastly because it imposes an undue influence on students in schools to move away from active hands on learning.
- Tom Getlin
Person
In 2013, California was one of the first states to embrace and adopt the new Next generation science standards. NGSS shifted the focus of instruction from rote memorization of scientific information to the cultivation of critical thinking through hands on three dimensional learning.
- Tom Getlin
Person
California is facing dire shortages of qualified STEM professionals, with the hands on critical thinking skills that dissection activities develop and what California employees are seeking. AB 347 could effectively eliminate this aspect of learning by July of 2018.
- Tom Getlin
Person
Further, while it encourages other alternatives to dissection, let me suggest that virtual learning, the use of synthetic animal specimens or digital dissection are not active three dimensional learning and are more expensive than what we provide.
- Tom Getlin
Person
For these reasons, we urge you to oppose the passage of 347 and encourage continuation and increased enforcement of California Code 3.2.255.1 which provides alternative avenues for students to opt out in favor of other alternative means. Thank you for your consideration and in time.
- Sasha Perez
Legislator
Thank you. Do we have any other witnesses in opposition to this Bill, please use the mic at the railing. Seeing nobody getting up. I will now turn it back to Committee Members. Do we have questions or comments.
- Rosilicie Ochoa Bogh
Legislator
Thank you Madam Chair. So on the cost. You know, it's interesting So a couple of things. I will be supporting the Bill.
- Rosilicie Ochoa Bogh
Legislator
And the reason why I'm going to be supporting the Bill and I saw the opposition is that I think when it comes to the cost, I'm not sure there's so many ways that this can actually the disclosure and one thing could be in code.
- Rosilicie Ochoa Bogh
Legislator
But as with many items in place that we've seen in California, I've seen it in public safety, I've seen it in labor. We have a lot of code, we have a lot of meaning, things in code, laws in place. But the problem that California has had many a times is the lack of enforcement.
- Rosilicie Ochoa Bogh
Legislator
So even though that might be the case, schools might not be executing the right. And a lot of the times, and we see this in so many spaces, so many spaces, it's not the fact that we don't have things in law, it's the fact that they're not necessarily enforced.
- Rosilicie Ochoa Bogh
Legislator
And then when I ask questions as to the enforcement process of it, it's like, why isn't it being enforced. It's been law. Why hasn't it been enforced. Well, sometimes it's because the agencies that are supposed to be enforcing these particular laws per say, are not aware that they're not being enforced.
- Rosilicie Ochoa Bogh
Legislator
Or number two, they don't have the workforce to be able to enforce it. Or number three, they don't have the funding that the state has not given to actually enforce the laws that we currently have.
- Rosilicie Ochoa Bogh
Legislator
So even though this might be in statute, it might not be enforced because of a variety of reasons, on the cost factor, on whether or not this could potentially, and why it was vetoed perhaps in the past because of the cost. There's also now, thank goodness, digital, you know, which in my opinion, I'm going everything digital.
- Rosilicie Ochoa Bogh
Legislator
A lot of the things that I'm doing I want to see about providing means to do it digitally, which is less costly for everyone in that sense, but also allows us to ensure that we are informing folks that needs to be done, needs to be enforced. So that's what I'm doing.
- Rosilicie Ochoa Bogh
Legislator
The other thing I think is that the beauty that we have right now with science and technology is that so many of these things that you know, could be hands on is also being done digitally, can be done digitally.
- Rosilicie Ochoa Bogh
Legislator
And the innovation going around right now when it comes to science and technology in science and in the medical field is just amazing. What you can do digitally. It's almost scary, actually, and how advanced and wonderful that is. So it provides for options for many of our students. And this is a much different generation than myself.
- Rosilicie Ochoa Bogh
Legislator
You know, I just had my birthday 53, and I look at this young lady and I go, her world will be completely different than what I have experienced and will experience in the next time that I'm alive and my time ends here. But their world is going to be completely different.
- Rosilicie Ochoa Bogh
Legislator
So the technology that exists right now in the world is going to be how they study, how they perform the work that they do. And I'm so grateful that you have a heart to go into. Was it nursing? Yes, nursing. We are desperate in California for nurses.
- Rosilicie Ochoa Bogh
Legislator
There's going to be so many means by which you will be able to get experience in your education. And I think we need to modernize the ability to do that.
- Rosilicie Ochoa Bogh
Legislator
And I think this Bill allows us to use some of that technology that will be applied to your learning in the future to be able to ensure that we as adults create a system that actually modernizes and accommodates the different variety of views and abilities to inform.
- Rosilicie Ochoa Bogh
Legislator
And it is for those reasons that I will be supporting the Bill today and also for humane purposes.
- Rosilicie Ochoa Bogh
Legislator
You know, some of us are, you know, want to be in science of some sort, but might not necessarily want to see those little creatures and someone as a little kid who wanted to be a veterinarian as a little kid, have great compassion. And it's hard.
- Rosilicie Ochoa Bogh
Legislator
It's hard when you don't have, you know, that hard to be able to do that. But there's other means. Thank goodness technology's here and we have to embrace that. And so with that, I will be happy to support your Bill and will be happy to move it when appropriate, ma' am.
- Sasha Perez
Legislator
Excellent. Any other questions or comments. You know, Assemblymember Kalra, I'll just say in talking with my staff, but my own staff shared with me their experience of panicking while doing a dissection. So I think it's a very common thing that happens for students that go through this process, but it's also an important learning component.
- Sasha Perez
Legislator
But as Senator Ochoa Bogh noted, we have lots of technology now to be able to actually avoid using that, whether it be virtual components that many of us had to use during the pandemic, during COVID or even plastic components, which I've also seen as well.
- Sasha Perez
Legislator
So, you know, appreciate your work here and think that this is very common sense and could in some ways even provide cost savings for school districts as well. So I will turn it back over. To you to close.
- Ash Kalra
Legislator
Thank you, Madam Chair. And I think that you exemplify part of the reasoning behind this is first of all the humane aspect of allowing individuals to have that choice and understand it and get an alternative instruction. But also, I think this is an entry point. These courses are an entry point into the sciences.
- Ash Kalra
Legislator
Whether someone goes into nursing, medicine, other kinds of scientific fields, we don't want to turn students off at the entry point. If they want to dive deeper into it and have more advanced courses, that's just fine. But as indicated, even medical schools don't do animal dissection.
- Ash Kalra
Legislator
I mean, there's definitely ways to learn about these materials without having to dissection. And I appreciate Senator Ochoa Bogh, who's in line in the traditional bipartisan support for this legislation. We had 68 votes off the Assembly, 411 of which were Republicans. And I really appreciate the nuanced, detailed reasoning behind it.
- Ash Kalra
Legislator
And we also have the more visceral responses like Assembly Member of Flora just saying it's gross. So we have a whole wide range of why people get to where they get on this legislation. But either way, I appreciate it. Respectfully. As for an aye vote.
- Sasha Perez
Legislator
Thank you Assemblymember. So we have a motion from Senator Ochoa Bogh and The motion for AB 347 is Do Passed to the Senate Appropriations Committee. Assistant, can you call the roll?
- Committee Secretary
Person
Senator Perez. Perez, aye. Ochoa Bogh. Ochoa Bogh, aye. Cabaldon. Choi. Cortese. Cortese, aye. Gonzalez. Laird. Laird, aye.
- Sasha Perez
Legislator
Thank you. I am going to need to head to EQ, so I'm going to pass the gavel over to my Vice Chair and we'll be back shortly. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Good morning. We have Assembly Member McKinnor, so we're going to continue with file item number 14, AB 694. When you're ready, Madam.
- Tina McKinnor
Legislator
Good morning, Madam Chair and Members. AB 694 seeks to address the significant staffing challenges facing the Division of Occupational Safety and Health, DOSH, within the Department of Industrial Relations, DIR. These staffing challenges are hindering the Department's ability to conduct essential workplace safety inspections and protect California workers.
- Tina McKinnor
Legislator
This bill requires DIR to contract with the University of California to conduct a comprehensive study on the causes of staffing shortages within DOSH and identify solutions. The study will focus on streamlining the hiring process, adjusting the qualification standards, and improving workforce development. It will also access ways to attract a more diverse workforce and ensure that the necessary positions are filed in a timely manner.
- Tina McKinnor
Legislator
AB 694 aims to improve workplace safety oversight and help build a more effective and efficient safety inspector workforce. The study will include input from key stakeholders, including labor unions, worker advocacy organization, and academic institution. Today my witnesses are Laurie Wallace, United Steelworkers member, and Beth Spitler, California Farmworker Coalition. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Assembly Member McKinnor. We'll now continue with your support witnesses, and we'll begin with Laurie. Beth.
- Beth Spitler
Person
Thank you, Vice Chair and Committee Members. My name is Beth Spitler. I staff the California Farmworker Coalition, which builds power within grassroots organizations so that farm worker coalitions can set policy that impact agricultural workers in California. We are one of three co-sponsors of AB 694, alongside the Southern California Coalition for Occupational Safety and Health and California Labor for Climate Jobs Coalition.
- Beth Spitler
Person
The California Farmworker Coalition is co-sponsoring AB 694 because workers in California's agricultural fields are feeling the real and dangerous consequences of the chronic understaffing and language inaccessibility at Cal/OSHA, as protections passed by California's Legislature and Cal/OSHA's standards board go unenforced.
- Beth Spitler
Person
As you were just speaking about. Cal/OSHA's chronic understaffing issue has reached crisis levels according to the latest data released by the Department of Industrial Relations, with the December 2024 vacancy rate of 43% among field enforcement inspectors.
- Beth Spitler
Person
To end the years long crisis, we must address the underlying causes of these vacancies, the current minimum qualifications and lack of viable workforce pipeline pathways that create barriers to entry for experienced and dedicated California workers who could fill these positions. AB 694 will address these issues by requiring Cal/OSHA to contract with UC Berkeley's Labor Occupational Health Program and UCLA's Labor Occupational Safety and Health Program.
- Beth Spitler
Person
These academic partners have extensive knowledge about workplace health and safety and will bring together an advisory committee of experts to research and recommend the policy and administrative changes needed to increase and diversify Cal/OSHA's inspection workforce, including a training program that will create a pathway for people without bachelor's and master's degrees. This proposal answers frontline workers pleas for a well staffed enforcement agency with inspectors that represent California's workforce, and we respectfully ask for your aye vote.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much, ma' am. Please proceed when you're ready.
- Laurie Wallace
Person
Good afternoon, esteemed Committee Members. My name is Laurie Wallace. I'm a process technician oil refiner from Phillips 66 in Wilmington, California and a member of the United Steelworkers Local 675. I would like to share my experience in light of AB 694. Phillips 66 announced the closure of our refinery site at the end of last year.
- Laurie Wallace
Person
This December, processing units will cease operation, and many facing this transition, including myself began exploring how our years of on the job expertise in this industry, particularly in health and safety operations, and how that could benefit statewide process safety management, AKA PSM. The roles at Cal/OSHA typically require a college engineering degree, despite the extensive practical experience and specialized training that industry workers can provide.
- Laurie Wallace
Person
The demanding schedules for industry workers, including rotating shifts, mandatory overtime, make it challenging to pursue further formal education for our industry workers who often hire in with just a high school diploma and a with the promise of a career all the way till retirement. Cal/OSHA's requirement of a degree for years of service or as a PSM manager prevents highly skilled workers from leveraging valuable knowledge for important opportunities like PSM at Cal/OSHA.
- Laurie Wallace
Person
We for me personally, as soon as my refinery announced that they were closing, I actually wanted to look into Cal/OSHA. And it was really important for me to use my 17 years of expertise to possibly help the state, the communities, and other workers with this very important issue to me. And I don't even qualify. My 17 years do not qualify for me to even apply. And that was very disheartening. So this is something that's very passionate to me.
- Laurie Wallace
Person
There are a lot of workers right now that are looking for different opportunities. We're not only able to help just each other in our specific refining expertise, but the communities. At my refinery alone, I have two tanks that have a five mile blast radius. So who better to understand the inner workings of how to protect the community around me as well as how to protect the workers and how to understand things that are going on for Cal/OSHA PSM than me?
- Rosilicie Ochoa Bogh
Legislator
Thank you very much, ma' am. You're just over. No, no, no. I didn't want to interrupt because I know you were, you were expressing your heart. Okay, so we have our lead support witnesses who just testified. Now we're going to continue with any witnesses in support of AB 694 here in room 2200. Please proceed to the microphone and state your name, your position, and the organization that you're representing only. Thank you.
- Cassandra Mancini
Person
Cassie Mancini on behalf of the California School Employees Association in support.
- Michael Young
Person
Michael Young with the California Teachers Association in support.
- Catherine Houston
Person
Catherine Viera Houston, United Steelworkers District 12, in support.
- Irene De Barraicua
Person
Irene De Barraicua on behalf of Líderes Campesinas in support. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Okay, wonderful. We've now continued with our witnesses in support. We completed. We're going to continue with witnesses in opposition. Are there any lead witnesses in opposition? Seeing none. Do we have any additional just members that just want to express their opposition here in room 2200? Seeing none. We'll bring it back to the dais. Any questions, comments?
- Rosilicie Ochoa Bogh
Legislator
Okay, so I do have some comments and some questions, Member McKinnor. So it's my, so as mentioned earlier, I completely agree. When I sat in Labor, I actually was very eye opening to see how much we don't enforce because we don't fully fund the Department and then we have the workforce shortage that we do not have in that Department.
- Rosilicie Ochoa Bogh
Legislator
So that is one of the key things that have bothered me because we literally pass new laws because we're not enforcing what we currently have. And it's just, we're just adding and adding and those, and it really does impact the businesses and the companies that are actually trying to do the work.
- Rosilicie Ochoa Bogh
Legislator
But we just add more requirements on them because of the folks that are not good players that act in good faith and in goodwill and then we're not enforcing those. And so anyway, I completely agree with the intent of this particular measure. But the question I have is that it's my understanding that the issue with Cal/OSHA and the staffing that it may be premature because of the findings from a JLAC approved audit that is supposed to be released sometime this summer. And that the bill provides funding for two UC union based think tanks.
- Rosilicie Ochoa Bogh
Legislator
So this is an objective perspective of daylight coming in and it's supposed to come out with the findings this summer. So how would you respond with the fact that it's already in place, they're already coming out with the recommendations of what needs to be done this particular summer. This particular summer. And that this bill wouldn't be actually signed until end of September, maybe coming into practice in January. But we already had this in place.
- Tina McKinnor
Legislator
Well, we want to make sure that we have staff, look at the staff in Cal/OSHA. Being the Chair of PERS, I've noticed that at the state we have a lot of positions that are open. So in my tenure, I want to do a deep dive into why these positions are left open, why we're hiring temporary workers. And so on this one, I want to make sure that we have something in place just in case. Just in case the findings aren't what we think they should be.
- Tina McKinnor
Legislator
We will make sure that we want, this is a study bill. So we want to make sure that the University of California and DIR have a chance to take a deep dive and look at this because it's a problem. We cannot have these positions open and we cannot continue to hire temporary.
- Tina McKinnor
Legislator
And we want to make sure that people with 17 years on a job can have an opportunity to work there. So these studies are very important. We're starting here, but I'll be looking at, looking across the state and looking at why we have all these temporary positions.
- Rosilicie Ochoa Bogh
Legislator
Okay. And so... And I'm not sure who the question would be led to, but I'm just kind of curious, how does this bill fall into with the audit, the JLAC audit that's coming up?
- John Laird
Legislator
Would you like to hear from the Vice Chair of the Audit Committee?
- John Laird
Legislator
Let me make a comment I was going to make anyway. That audit, to back up, was hotly contested in the Committee about whether we should even go ahead with it. And it was one of those rare moments where I went into the hearing thinking I'm not going to support this audit.
- John Laird
Legislator
And after the discussion, I thought, I in good conscience cannot do anything but support this audit because the delay in wage cases and the number of wage cases was so unfair because they're working people that are struggling and that money really means something. And it was just going to be hanging out there for a year or two.
- John Laird
Legislator
And the question was at the heart of the debate why they didn't have the resources or why they weren't focusing in the Department on resolving these wage claims. And it seemed to be a very, a mix of things. I wouldn't necessarily fault them for hiring temporary workers because, at this point, they're so far behind, they've got to do whatever they can do.
- John Laird
Legislator
And I think the question would be that the author more or less answered is, if this audit comes out while the bill is still moving, are there ways to consider taking some of the recommendations that might come from the audit and incorporating them into this bill. And it would only be my hope that they synchronize that way.
- John Laird
Legislator
This is the year that we go longer. So we're going into the second week of September. And I am willing to work with the author's office to double check when we think this audit might actually come out. But that would be the best way to handle it. And I know the author and I know that. How do I say this politely? If there's an ankle, she's biting it until we get to an answer. And I think her bill is to force that situation, and the audit might support that, and she might be able to incorporate that. And so I am, that is why I move the bill.
- John Laird
Legislator
And I will double check on when the audit comes out. Because I have done bills. When we had the EDD problem in the pandemic, I just took some of the recommendations and put them in a bill so that we would have an emergency plan ready, a recession plan for EDD, on how to staff up and do things. And if there are things that come out of this that are related to that, that might be something the author would entertain in absorbing into this bill.
- Rosilicie Ochoa Bogh
Legislator
Okay, perfect. That was my question because I read that there was an audit, and I know that something needs to be done because there is severe shortages on the workforce there, and it's not being fully funded. And so something needs to be done. So when I saw the bill and I realized that there was going to be be an audit, I thought, how do they intertwine or how do they work? So, see, this is why Senator Laird is my trusted colleague.
- John Laird
Legislator
But I did learn earlier in the hearing that you were born in the year I graduated from college, so that was a bit disconcerting.
- Rosilicie Ochoa Bogh
Legislator
I was born in 72. Full disclosure. It's online. You can Google it. I don't mind sharing that with the public. But this is why Senator Laird is a trusted. He's got institutional knowledge here. So, any other comments or questions? Okay. We have a motion by Senator Laird. And Member McKinnor, would you like to close?
- Rosilicie Ochoa Bogh
Legislator
Thank you very much, Member McKinnor. Madam Secretary, please call the roll.
- Committee Secretary
Person
File item 14, AB 694, McKinnor. Motion is do pass to the Senate Appropriations Committee. [Roll Call]
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. We'll place that on hold for our absent Members. And thank you for coming today. So we have Member Ávila Farías. Is it Farías or Farías? And we'll proceed with file item number 15, AB 917. You may proceed when you're ready, ma'am.
- Anamarie Farias
Legislator
Thank you. Thank you, Madam Chair and Members. I'd like to start by accepting the Committee's proposed amendments and thank the Chair and the staff for their hard work on this Bill. AB 917 will ensure that deserving educators and school employees in all school districts and County Office of Education have an opportunity to achieve permanent employment status.
- Anamarie Farias
Legislator
This Bill will require local education agencies to grant permanent status to certified employees in school districts and counties with an average daily attendance of less than 250 and the regional occupancy centers and programs operated by the County Office of Education or joint powers of authority.
- Anamarie Farias
Legislator
This is already—this is already required for schools with an average daily attendance of more than 250. Due to process for teachers plays a critical role in protecting against racially discrimination and requiring fair and impartial procedures for employment decisions. AB 97—117—will attract and retain potential educators, provide them with a career stability, and diversify California's education workforce.
- Anamarie Farias
Legislator
Testifying with me today in support of AB 917 is Michael Young, Legislative Advocate with the California Teachers Association.
- Rosilicie Ochoa Bogh
Legislator
Welcome, Mr. Michael Young. Oh, sorry. The Chair is back.
- Michael Young
Person
I'm Michael Young with the California Teachers Association, one of the sponsors of the Bill. As the Assemblymember stated, one of the goals of the Bill is to grant permanent status to teachers in small school districts and teachers in ROCPs that currently don't have that right.
- Michael Young
Person
Typically, what you see is the teachers get permanent status after two years. But today, there are teachers in small school districts, for example, that are working for 15 or 20 years that remain in probationary status. The Legislature has been moving towards parity regarding teacher permanent status in the last few years.
- Michael Young
Person
This body granted this right to adult ed teachers in 2023. You granted the right—or extended the right—to teachers and ROCPs operated by single school districts just last year and during this teacher shortage, it's really important in order to recruit teachers in this climate.
- Michael Young
Person
It's important to ensure that teachers have access to their due process rights under the Education Code. This provides, as the Assembly Members say, stability, improves workforce retention, increase diversity in the workforce.
- Michael Young
Person
Regarding some of the flexibility issues for ROCPs, while it's true that ROCPs are required to offer CTE pathways in emerging industries in their region and these pathways can obviously change, thus changing their staffing needs.
- Michael Young
Person
Existing law, as stated in the Assembly analysis already states that these changes in curriculum are authorized reasons for—to initiate layoffs procedures—that are in existing law, thus granting those ROCPs flexibility. I would also note that this Bill doesn't change or limit the existing layoff procedures by school districts.
- Michael Young
Person
This year alone, over 3,000 layoff notices went off to teachers. And while many of these were rescinded, districts can and do exercise their flexibility and this would also extend to small school districts. So, ultimately, teachers deserve not to be in probationary status for decades. They deserve their due process. And we, we urge an aye vote on the Bill.
- Sasha Perez
Legislator
Great. Thank you. Do we have any other support witnesses? Please use the mic at the railing.
- Cassie Mancini
Person
Cassidy Mancini, on behalf of the California School Employees Association, in support.
- Sasha Perez
Legislator
Great. Looks like we don't have anyone else. We'll now turn it over to witnesses in opposition, if we have any. Alrighty.
- Rich Duvarney
Person
Good morning, Madam Chair and Members. I am Rich DuVarney. I'm the Tehama County Superintendent of Schools and I'm speaking on behalf of the Small School Districts Association and the County Offices of Education. And we respectfully are in opposition to Assembly Bill 917.
- Rich Duvarney
Person
So, current law regarding school districts and county offices with an ADA of 250 or less was negotiated between Education Management and Labor in 1983 as part of the Hughes Hart Educational Reform Act of 1983. This flexibility has been allowed since, since to address the changing needs of a student population that creates unique staffing challenges.
- Rich Duvarney
Person
The Legislature has repeatedly recognized that super small districts and county offices of education need flexibility to appropriately address the needs of their students within their limited capacity and resources. We have districts in California with as few as five students districts. AB 917 will force small LEAs not to only pink slip every teacher every year—so isn't that great for morale—it will limit the courses and programs available for students.
- Rich Duvarney
Person
Given budget constraints and limited resources, a small LEA can't risk hiring a teacher who may not be serving any students in three years due to changes in populations or in need.
- Rich Duvarney
Person
We respect—with respect—to small COEs, AB 917 would drastically limit their ability to adjust staffing for the unique special needs, transitory, and high-risk populations that they serve. There is precedent through education code to treat small LEAs differently. Small LEAs are exempt from the Budget Reserve Cap. Rural districts are exempt from the late start time and necessary small school districts receive additional state funding to support their operations.
- Rich Duvarney
Person
This is an appropriate acknowledgment of the operational, personnel, and budgetary circumstances that small LEAs face and are adept at navigating.
- Rich Duvarney
Person
We simply ask that you continue to let us be good stewards of the flexibilities we have now that have been in place for years and some for decades. AB 917 will force small LEAs to limit options and services for students and families and break an agreement that has stood for several years with good reason.
- Rich Duvarney
Person
So, for this sake—for the sake of our students—especially in rural areas in isolated and high-need settings, I respectfully urge you to oppose AB 917. Thank you.
- Sasha Perez
Legislator
Thank you for your presentation. If we have any other opposition—oh, sorry, yes.
- John Ward
Person
Good morning. My name is John Ward. I am an Instructor and Teacher with Valley ROP, which is located in Reedley, California. Valley ROP is a JPA servicing seven school districts throughout the Central Valley of California.
- John Ward
Person
We currently have 80 full-time instructors with an additional 80 to 85 part-time instructors providing instruction on various career pathways throughout their schools. My program, I teach criminal justice and CSI at Sanger High School. I have approximately 150 to 200 students a year that works closely in our program, both with the Police Department and the community.
- John Ward
Person
I've been teaching full-time with Valley ROP for almost 17 years now. And coming from a teacher standpoint, I respectfully oppose this Bill. I've never once, over my 17-year career, worried about a contract coming up for the next year.
- John Ward
Person
Yes, we have a contract for each year and at the end of that year, we get a new one. I'm not worried about a permanent position. I feel like I have a permanent position already with Valley ROP. I truly believe this Bill is not necessary.
- John Ward
Person
If this Bill is passed, my biggest fear would be that not only a budgeting crisis would come along, but also, it would eliminate and not expand full-time positions. I also think with the budgeting issues, we would probably lose a few of the pathways, as well as the pathway instructors.
- John Ward
Person
In closing, I would like to please take in consideration our testimony when making your vote on AB 917 today and I thank you for your time.
- Sasha Perez
Legislator
Thank you for your presentation. We will now turn it over to any other opposition witnesses in the room. Please use the mic at the railing.
- Dan Merwin
Person
Good afternoon. Dan Merwin, on behalf of the California School Boards Association, in respectful opposition.
- Brianna Brens
Person
Good morning. Brianna Brens, on behalf of the California County Superintendents, also in respectful opposition.
- Jeff Vaca
Person
Madam Chair and Members. Jeff Vaca, representing the Riverside County Superintendent of Schools, in opposition.
- Layla Alicon
Person
Layla Alicon, on behalf of the School Employers Association of California, in opposition.
- Jeff Frost
Person
Madam Chair, Jeff Frost, representing the Orange County Department of Ed as well as the Central Valley Education Coalition, in opposition. Thank you.
- Dorothy Johnson
Person
Good morning. Dorothy Johnson, on behalf of the Association of California School Administrators, respectfully opposed.
- Caitlin Zhang
Person
Caitlin Zhang, on behalf of the San Bernardino County District Advocates for Better Schools, in opposition.
- Michelle Algol
Person
Good morning. Michelle Algol, on behalf of California Association of School Business Officials, in opposition.
- Leilani Aguinaldo
Person
Good morning. Leilani Aguinaldo, on behalf of the CTE JPA Coalition, in opposition.
- Yuri Calderon
Person
Yuri Calderon, Executive Director of the Small School Districts Association, in opposition.
- Peggy Delgado Fava
Person
Peggy Delgado Fava, Board Trustee, Pleasant Ridge Union School District.
- Lee Reid
Person
Good morning, Lee Angela Reed, on behalf of the California Association of Career and College Readiness Organizations, in strong opposition. Thank you.
- Fabrizio Bavaro
Person
Fabrizio Bavaro, Superintendent of Valley Regional Occupational Program, in opposition. And I'm also available to answer any questions.
- Sasha Perez
Legislator
All righty. Seeing as nobody else is approaching the mic, I will now turn it back to the Members of the Committee. Do we have any questions or comments from Committee Members? Senator Ochoa Bogh
- Rosilicie Ochoa Bogh
Legislator
We need more Republicans in this, in this Committee, with different perspectives. So, just to start off, thank you for bringing this measure forward. I know we haven't had much opportunity yet to meet and have a chat, but I do appreciate the fact that you're Spanish speaking. So, I was super, super excited to learn that.
- Rosilicie Ochoa Bogh
Legislator
And by the way, she's like perfect sounding Spanish speaking, so I was really, really impressed. Having said this, I have concerns. You know, one of the things that I'm really—I listen very carefully to, to support the intent of the bills and I—then I listen very carefully to the opposition to see what the concerns are.
- Rosilicie Ochoa Bogh
Legislator
Especially because, you know, when you're the opposition or the super minority, you don't have a very amplified voice, per se.
- Rosilicie Ochoa Bogh
Legislator
And so, I'm very careful, especially with rural communities, our ROPs that are very, very unique, they don't fall into the mainstream mode of education and models in that, you know, I have small districts in my district. I serve the high desert, low desert. I have the mountain communities which are very, very small.
- Rosilicie Ochoa Bogh
Legislator
And when the state comes in and puts these expectations that more—that bigger schools—have the capacity to accommodate, it's, you know, they're still severely impacted. When we had the, you know, trying to mandate electric buses, it doesn't work for the mountain communities the way that they, you know, they don't have the students, the elevation.
- Rosilicie Ochoa Bogh
Legislator
I mean, there's just so many things that impact our small school districts. And so, I'm very, very protective of—and an advocate to ensuring that I have a very, very open ear to what the concerns are and the accommodations. And so, some of the concerns that they have there, especially with our ROP programs, are small districts.
- Rosilicie Ochoa Bogh
Legislator
They need the flexibility. And though well intended, right, well intended, we want these egos when it comes to the programs that they're serving, such as ROP programs that fluctuate in professionals coming in and meeting those needs, depending on what the workforce requirement is in the area, which also fluctuates with, with technology, with economics.
- Rosilicie Ochoa Bogh
Legislator
There's just so many factors that impact all of that. They have to be keenly aware and in tune with the local companies that are in the area that makes it so that they don't know what may be important in the industry in 5, 10, years.
- Rosilicie Ochoa Bogh
Legislator
And so, I think many of the teachers are coming into that space, especially in smaller areas, are coming in knowing that, you know, and if they're, if it's something different that they're looking for more permanently, for longer periods of time, then this may not be the particular space for them.
- Rosilicie Ochoa Bogh
Legislator
And therefore, when I see bills such as this, well intended, it doesn't meet the design of the programs or even the numbers that they're serving in those particular areas. So, those are some of the—just the high-level general, and it's not unique to this particular.
- Rosilicie Ochoa Bogh
Legislator
We've seen other bills that are coming in with that same intent and I also oppose those bills just because it doesn't fit the model. And so, when I look at the teachers that are coming in, they full well know that this is what they're coming in, this is what they're signing up for.
- Rosilicie Ochoa Bogh
Legislator
And for us to come in and say this is what you're going to do, I think it infringes in their ability to be one, autonomous and meet the needs of the student population, the demographics that they're serving. And correct me if I'm wrong, but am I on the right? Okay, so.
- Rosilicie Ochoa Bogh
Legislator
And this is me visiting those ROP programs in my district, sitting down and talking to them. And they are very unique. They are, but it's the model that they have. They can't do very much. So, though well intended, ma'am, I will not be able to support the Bill today. And, and, it's—but you're not the first.
- Rosilicie Ochoa Bogh
Legislator
So, it's not personal, it's just the idea because I am very respectful, very respectful of our ROPs, very respectful of our small rural communities that are very unique and they're trying so hard. They're on survival mode most of the time when it comes to trying to accommodate their needs versus what the state thinks that they should be doing.
- Rosilicie Ochoa Bogh
Legislator
And this is why I, I'm so, you know, the underdog, you know, making sure that I advocate for the underdog and have a voice, you know, my voice is here today is their voice saying it doesn't work for us and it put us—it puts us—in a precarious situation where it does have a direct impact on our students and the programs and the teachers are going to be available for them and opportunities.
- Rosilicie Ochoa Bogh
Legislator
If anything, we need to encourage a system that allows flexibility so that we can have more programs and more teachers coming in. And I'm always looking for those ideas as well with them. You know, tell me what, how can we help you become more, more productive?
- Rosilicie Ochoa Bogh
Legislator
So, with that, I'm going to respectfully oppose the Bill today, but look forward to other avenues of how we can help our small school districts, our rural areas, and our ROP programs have more programs, more, more means by which they can bring in those opportunities for our students, because the only ones that fail are our students, if we fail them. So, thank you.
- Anamarie Farias
Legislator
Thank you, Senator. If I may, Chair, respond. It is a pleasure. I know we have not had a lot of interaction to engage outside of this forum, and I'll make sure that we do get to know each other, because outside of our party affiliations, I actually think we align on our community values a lot.
- Anamarie Farias
Legislator
And I'm hearing what you're saying, and that's what legislating is so hard in California is because my community doesn't look like your community. And we're building a rapport and trust with one another, because I know that is very important to you, because I've heard this on the dais already of having a track record.
- Anamarie Farias
Legislator
So, I hope today is the beginning of, you know, you learning who I am and vice versa, and making sure that, in the future, we are able to collaborate and understand.
- Anamarie Farias
Legislator
But I do feel in this Bill that I have been thoughtful because I've been in public policy for nearly 30 years and a space I occupied was public education. I'm coming off a county board of education. So, I did public policy for my county and got in the weeds around education.
- Anamarie Farias
Legislator
And it is one of my passions because we all know the education is the pathway to solving a lot of our socioeconomic problems. And so, thank you to all that serve on an education committee, because I think this is probably one of the most important committees the State of California and the hardest place to occupy.
- Anamarie Farias
Legislator
So, thank you for being there. And in my background in education, I've gotten to see the inequities, because if you, whether you know Contra Costa or not, and serving not as a Legislator, but serving at the California Housing Finance Agency, I got to learn all of California through my housing policy.
- Anamarie Farias
Legislator
And so, I know your community really well. But I think this Bill creates an opportunity. Who I'm trying to protect is our employees who come to a school district who serve in your community, but through this process, usually, unfortunately, tend to be people of color.
- Anamarie Farias
Legislator
Our brown and black communities that don't get an opportunity to continue to serve and educate our children because of this loophole. And I'm trying to block that loophole to give everybody a pathway to continue to educate in your community. Whether it's big or a small district, it's really not the focus.
- Anamarie Farias
Legislator
The focus is creating this opportunity for our committed employees. And in your rural communities, it's even much more difficult to recruit quality teachers and educators in that space. So, my goal with this is to create that pathway for them. And we also, in the legislation, created a pathway.
- Anamarie Farias
Legislator
I'm not taking away anybody's rights and overregulating. They still are able through budget constraints to go do their due process, issue their pink notices. It's not taking that. I think that is a distorted perception that we are taking something away from them. They're still due to budget cuts.
- Anamarie Farias
Legislator
We all know we have to make hard decisions, unfortunately, in all spaces, not just education. So, it still allows your small school districts to make those decisions.
- Anamarie Farias
Legislator
But we are also allowing a pathway that when they're making those decisions that we honor and respect those employees who have dedicated so many years of public service and education to your children that they have a first opportunity to be able to stay with your school district. But that being said, I don't also take anything personal.
- Anamarie Farias
Legislator
We're here to work together and leave our jackets in the back of whatever our party identity is. We're here to solve problems, and children are our priority in the State of California. And so, I don't need you to ever apologize for having a viewpoint that may be different from mine.
- Anamarie Farias
Legislator
What I look to seek is to understand your viewpoint and find a common ground where we may align. And so, I appreciate your perspective, and I hope that now sharing my perspective that you might be open to hearing where this is beneficial to your rural community.
- Anamarie Farias
Legislator
And not only do I know it from an academic and a policy making—my husband grew up in the Central Valley, so I know the Central Valley very well because half my children's family lives in the Central Valley. So, I am very thoughtful and sensitive to how very different it is from the Bay Area, so.
- Anamarie Farias
Legislator
So, in that spirit, I appreciate your comments, and I do look forward to working with you, whether it's on this Bill or a future bill. But I hope that you're open to a different perspective how I'm viewing this policy.
- Rosilicie Ochoa Bogh
Legislator
Always, and I am so excited to meet you, and I look forward to—we're going to be bonding. I think we're going to have a lot in common and super, super excited to have you and welcome to the Legislature and welcome to the Senate.
- Anamarie Farias
Legislator
Oh, and I'm sorry—and Michael, I'm sorry. If I may, my technical witness can also speak to some of your concerns. I think they're very valid and important. So, Michael may, if I may, Chair, defer to him as well.
- Michael Young
Person
Sure. And your comments were perfect to touch on all the bases. And I think you're right when you say that for small districts and for ROCPs, we're not taking away their abilities to have flexibility, right?
- Michael Young
Person
These districts continue to be able to lay out teachers or issue those RIF notices if there is a change in their curriculum or if there are changes in the programs that they offer, if there are regional changes to the emerging industries that they provide the CTE programs for, they can continue to have the flexibility to make the staffing decisions that they need to, to address the needs of students and the population of the schools.
- Michael Young
Person
However, the one thing that we're doing here is saying that, as you said before, is that these educators have their due process rights. It shouldn't be a surprise that employers are going to come up here and say, please don't make it harder for me to fire people, right?
- Michael Young
Person
Like that's not a stunner. From our perspective and from the teachers who we represent overwhelmingly, they're saying, actually we don't have a guarantee that our job is going to be here tomorrow, so, maybe we should, you know, fight for those due process rights that other people have and the Legislature has moved to ensure purity in this space before for ROCPs and small that are operated in school districts.
- Michael Young
Person
The Legislature has provided this, this right last year. We're simply, as the Assemblymember said, we're trying to close those loopholes for places where educators don't currently have this right to make sure their due process, their due process right—their due process rights, excuse me.
- Michael Young
Person
Because I agree with what you're saying. Sometimes there is a need for variation between smalls or larger rules and RLCPs that could make some sense. However, I don't know if that's true for due process. For electric buses, I can't speak to that. That's not my area of expertise.
- Michael Young
Person
But when we're talking about due process rights, that should be a fundamental right that all teachers have, regardless of where they work.
- Sasha Perez
Legislator
Thank you. Seeing as though there's no other members, I think I will go ahead and you know, just close by saying, Assemblymember, I appreciate you bringing this Bill forward. I, you know, think ensuring that we're providing our school staff the ability to, to become tenured employees is incredibly important and powerful. It helps with staff retention.
- Sasha Perez
Legislator
And we know that that's something that's really, really critical when we talk about our children's education is ensuring that we're having that kind of consistency and, you know, really incentivizing people investing long-term into a school district. So, appreciate you bringing this forward and I will turn it over to you to close.
- Anamarie Farias
Legislator
Thank you. I appreciate everyone's time, and I really hope that the testimony today allows a different perspective. Another point that I would like to add is that children right now in the State of California, K through 12, 60% are Latino children, but yet, our demographics and our educators do not reflect what's in our school district.
- Anamarie Farias
Legislator
And this Bill will also encourage again, as I stated earlier, to have more educators that look like the demographics of our children attending school. That could also create pause for reflection. But today, I would be humbled to earn your support for this Bill and request an aye vote.
- Sasha Perez
Legislator
Okay, so we have a motion for AB 917 and the motion is do pass as amended to the Senate Appropriations Committee. Assistant, if you can call the roll.
- Sasha Perez
Legislator
Great. Thank you, Assembly Member, and we'll put that bill on call. Alrighty. I see that we have Assembly Member Soria here to present AB 1111. Assembly Member, you may begin when you are ready.
- Esmeralda Soria
Legislator
Thank you, chair and members. AB 1111 is a bill that I introduced after having met with several of the school districts that I represent in the three counties that I represent in Assembly District 27, and I heard their stories about the issues that they were encountering as they were putting together their procurement plans to adopt the EV mandate that California--that we adopted actually just a few years ago.
- Esmeralda Soria
Legislator
And so AB 1111 attempts to add additional flexibility to the California zero-emission school bus mandate by allowing additional flexibility when determining feasibility of switching to zero-emission buses and modifies an existing incentive program to allow districts that are struggling to make the switch to zero-emission buses to receive buses from other districts.
- Esmeralda Soria
Legislator
Just two years ago, the Legislature passed this landmark legislation calling for most of California school buses--bus fleets--to be zero-emission by 2035 and all school buses to be zero-emission by 2045, which I supported. The 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 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 time since the law went into effect and districts have started to plan their own switch to zero-emission vehicles, it's become clear that we did not account for the full ramifications of converting these bus fleets. I introduced, again, this bill because the stories that I heard from the dozen superintendents from my school district and the issue really rose to the top as a main challenge in adoption.
- 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 their capacity to maintain and repair the zero-emission fleets.
- Esmeralda Soria
Legislator
Additionally, the changes in the school bus market have reduced availability of the non-zero-emission buses as school bus manufacturers have shifted their operations away from supplying diesel and natural gas buses because that market would essentially be eliminated in the next ten years.
- Esmeralda Soria
Legislator
This has left districts in my area without any options to maintain their current 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 the 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 a school, from the school their children attend, and depend on reliable bus service to balance their kids getting to school while they go to work.
- Esmeralda Soria
Legislator
I've heard from many superintendents in my district that they want to make the switch to zero-emission, but due to the limitation of their electrical infrastructure or the finance available, they are facing significant challenges in making not only the plan but also implementing the switch.
- Esmeralda Soria
Legislator
In the meantime, they need new buses to replace the ones aging out of their fleet so that they can still get our kids to school while they prepare to meet the mandate. AB 1111 will help these districts by increasing the flexibility for their districts that need it the most.
- Esmeralda Soria
Legislator
So it does this by expanding their--which schools can receive certain longer term waivers from CARB, allowing for infrastructure, maintenance, and repair limit to be part of CARB's consideration of feasibility when considering the waiver applications and allowing school districts who are currently required to destroy their old buses to receive funding for zero-emission buses to instead transfer those good buses to a district that is in need. Here to testify with me in support of AB 1111 is Kurt Kollmann, a board trustee from Merced Union High School District.
- Kurt Kollmann
Person
Good morning, Madam Chairperson and members of the committee. My name is Kurt Kollmann, and I am a school board member from the Merced Union High School District. I want to thank you for the opportunity to present on AB 1111 and also to thank Assemblywoman Soria for carrying this vital piece of legislation.
- Kurt Kollmann
Person
Merced Union High School District is a geographically large district which covers over 700 miles. We enroll over 11,000 students that come from ten different feeder districts. The vast majority of our students, 80%, are socioeconomically disadvantaged, with 73% identifying as Hispanic and around 12.2% identifying as White.
- Kurt Kollmann
Person
As you can imagine, we are such a large district, area-wise, and we serve so many distinct communities. Our transportation program requires long routes that exceed the ranges of most EV bus models currently on the market and before factoring in the effects of either climate or terrain.
- Kurt Kollmann
Person
We also use our buses to provide much more than just home-to-school transportation. As a high school district, we constantly have students attending events such as study trips and athletic events. This occurs year-round with a minimum of 20 to 30 trips per week per site.
- Kurt Kollmann
Person
We have frequent--I'm sorry--we recognize that the requirement to purchase zero-emission buses doesn't take effect until 2035, and we are currently hopeful that the technology continues to improve between now and then.
- Kurt Kollmann
Person
However, we are raising the issue now because there are concerns that if things do not significantly improve over the time, we will be in a place where operating our transportation program won't be feasible at all, and while some might suggest that adding routes, expanding our fleet so that we would operate on one set of buses in the morning and another in the afternoon, or that we would simply charter out our activities, would not be financially feasible as well. By expanding the reasons why LEAs like mine can apply for a waiver from the 2035 purchase requirements--
- Dan Merwin
Person
Good morning, chair and members. My name is Dan Merwin, and I'm here on behalf of the California School Boards Association. We are proud to sponsor AB 1111 and are grateful to the Assembly Member for authoring this bill. Existing law requires that LEAs only purchase or contract for zero-emission school buses starting in 2035.
- Dan Merwin
Person
Existing law also recognizes that the technology may not be feasible for all LEAs by that time and establishes a waiver process that is overseen by the Air Resources Board in consultation with the Energy Commission and Department of Education.
- Dan Merwin
Person
Unfortunately, a waiver may only be submitted if an LEA cannot service a home-to-school route due to both terrain and route constraints. Last fall, CSBA conducted a survey of superintendents across the state regarding their confidence in meeting this requirement. The results showed that 66% of superintendents were not confident they could comply.
- Dan Merwin
Person
Our survey also asked districts that have adopted zero-emission school buses, those who have real-world experience with this technology, what kind of challenges they've faced. The most frequent challenge was maintenance, followed by cost, and a number of charging and infrastructure related issues, including working with your local utility providers.
- Dan Merwin
Person
AB 1111 is informed by the survey and would expand the reasons why an LEA can submit a waiver. AB 1111 does not change the requirement that a collection of state agencies must find that waiver to be reasonably demonstrate that zero-emission technology is infeasible in that LEA's use case, keeping in place the backstop that was established in the original legislation.
- Dan Merwin
Person
AB 1111 does not seek to undo the transition to a greener state, but rather acknowledges the significant challenges that many LEAs will face as we do. The ability to provide transportation is crucially important to many LEAs, particularly those in rural areas with large territories and which often have a higher proportion of low-income families.
- Dan Merwin
Person
One study found that offering transportation decreases the probability of being chronically absent by 4%, particularly for socially economically disadvantaged students while the National Highway Traffic Safety Administration states that students are about 70 times more likely to get to school safely when taking a bus than when going on a car, and school transportation is of course mass transit, which is something we should all strive to protect. For these reasons, we respectfully ask for your aye vote. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. Now we'll continue with any other witnesses here in Room 2200 in support of AB 1111. 1111. 1111. Had enough ones there.
- Michelle Gibbins
Person
Good morning. Michelle Gibbins, on behalf of California Association of School Business Officials, in support.
- Kordell Hampton
Person
Good morning. Cordell Hampton with the Association of California School Administrators, in support.
- Caitlin Zhang
Person
Caitlin Zhang, on behalf of the San Bernardino County District Advocates for Better Schools, in support.
- Leilani Aguinaldo
Person
Good morning. Leilani Aguinaldo, on behalf of Fresno Unified School District, in support.
- Cooper Kenny
Person
Good morning. Cooper Kenny, on behalf of Small School Districts Association, in support.
- Rosilicie Ochoa Bogh
Legislator
Wonderful. Seeing no other witnesses in support, do we have any lead witnesses in opposition? Welcome.
- Hudson Perez
Person
Thank you. Good morning, Madam Vice Chair. My name is Hudson Perez. I'm with Advanced Energy United. I want to first give a quick apology to the Committee and the author for not getting our letter in on time. I submitted it, but something must have gone wrong.
- Hudson Perez
Person
So I just want to make sure that, you know, to clarify that we've been in continued opposition and just continue our prior argument. So just to get into it, we are specifically opposed to.
- Rosilicie Ochoa Bogh
Legislator
I mentioned your name and that. Did you say what organization you're with?
- Hudson Perez
Person
No problem. So we're opposed specifically to section one of the bill related to the zero emission school bus mandate because we're proud sponsors of AB579. And in short, we see AB 1111 as a well intentioned but extremely premature bill. Because as the sponsors mentioned, we're a full decade before AB579 requirements even begin to kick in.
- Hudson Perez
Person
That means that from now till 2034, school districts could purchase internal combustion engine buses and use them for the full lifetime of those buses. Now, to put it in perspective, 10 years ago, batteries were three times more expensive. And since 10 years ago, EV chargers have increased in their quantity by over 400%.
- Hudson Perez
Person
And that was the slow part of technology adoption. So a lot of things can and do change in 10 years. So since 579 doesn't kick in until then again, they can still continue purchasing these internal combustion engine vehicles, though we don't believe that they will be attractive by then.
- Hudson Perez
Person
And so we're so far out from the implementation date that CARP hasn't even begun developing this waiver process that AB 1111 attempts to modify. That process will be developed through robust public rulemaking, engaging all the different affected stakeholders.
- Hudson Perez
Person
And so even though the changes that AB 1111 puts forward are modest, they do send a strong signal that California is not necessarily very serious about its zero emission and clean transportation goals. And it may actually have the effect of deterring private investment and innovation, especially targeted targeting these rural school districts that.
- Ada Welder
Person
Good afternoon. I think it's afternoon at this point. I don't know. My name is Ada Welder. I'm here representing Earth Justice, an environmental law organization. And echo the letter, apologies. We also were opposed in the first House. Just had some letter issues. But we have a coalition of nine environmental and clean transportation groups opposing this bill.
- Ada Welder
Person
We appreciate the amendments that have been taken up to this point and the author's work on this well intentioned bill. But transportation is the largest source of air pollution in California and diesel school buses pose an especially great risk to children's health.
- Ada Welder
Person
For example, the level of diesel exhaust found inside school buses can reach up to 46 times the amount US EPA has concluded poses a significant risk of cancer. Yet every two out of three publicly owned school buses in California today are still fueled by diesel.
- Ada Welder
Person
School districts are doing excellent work leading the transition to zero emission school buses and it's important that they have what they need to electrify their fleets and and ensure every kid who needs to get to school on a bus can get there safely and on time.
- Ada Welder
Person
We understand the financial and logistical constraints that schools face when switching their fleet over to zero emissions buses. However, the exemptions in AB 1111 are premature. As was stated by the other opposition witness.
- Ada Welder
Person
The existing law enacted by AB579 just two years ago requires that only new school bus purchases need to be zero emissions and again not until 2035, a full 10 years away. In the meantime, districts are able to continue to purchase new combust buses and use them throughout their full operational life.
- Ada Welder
Person
We urge the Legislature to take a step back and allow time to better understand how school districts can most effectively be helped on making this transition instead of moving forward on exemptions and taking action so soon after the passage of the original law. Thank you for their for your time.
- Sasha Perez
Legislator
Thank you. Do we have any other opposition witnesses in the room? Please use the mic at the railing.
- Julee Malinowski-Ball
Person
Yeah. Julie Malinowski Ball on behalf of the California Electric Transportation Coalition. Opposition.
- Sasha Perez
Legislator
Anybody else? All righty. Thank you to those that spoke. We will now turn it over to the Committee Members. Do any of the Members have questions or comments? Okay. And Senator Chobo.
- Rosilicie Ochoa Bogh
Legislator
I'm grateful that you brought this bill forward and I think part of it is the fact that, you know, we've heard from our small school districts the concerns that they have and in accommodating and you know, it's interesting because I have, I have a history of being very hesitant about having the state dictate the type of energy sources that we should emphasize as a state because they change quite a bit.
- Rosilicie Ochoa Bogh
Legislator
And one of the areas that we've seen quite a bit of a change in California was, you know, when it came to trucking. Inland Empire.
- Rosilicie Ochoa Bogh
Legislator
We have a lot of trucking businesses, we have a lot of warehouses in those areas and they went from requiring, you know, cleaner air, better designed engines, where we had fleets who were requiring, you know, that they change to. I think it was what did they go through from electric to then think what is it called?
- Rosilicie Ochoa Bogh
Legislator
There's different, what's the other one that they, they had electric, but they also had another one that is differently fueled.
- Rosilicie Ochoa Bogh
Legislator
In any case, the requirements were changing and every three to five years when people were coming in and having, they would change their truck systems to accommodate what the state wanted, then the state would change those requirements to something different and then they would have to be required to get a new fleet.
- Rosilicie Ochoa Bogh
Legislator
And so that's where I was a little nervous when it came to this particular bill where it required our school district to go electric in the sense that I'm like, well, that's what's popular now, but what's going to be required in the 510 years.
- Rosilicie Ochoa Bogh
Legislator
You talk about technology advancement and how things, you know, really change within 510 years. And this may be premature to, to require because something might be different in the next five to 10 years. Same thing for the state requiring or realizing that there's a better alternative to electric vehicles.
- Rosilicie Ochoa Bogh
Legislator
And so I think allowing the flexibility for small school districts to, in General, as I said, I wouldn't be supportive saying this is what you're going to do, have electric vehicles because of technology advancing and you don't know what going to be the next best thing that the state might decide to, to mandate.
- Rosilicie Ochoa Bogh
Legislator
I think with, when it, when it comes to our small school districts in our rural areas, you know, just in General, we need to have that flexibility to be able to accommodate what they, what they need. And as I mentioned in the previous bill, I am an advocate for the small districts.
- Rosilicie Ochoa Bogh
Legislator
And when they come in and they, and they, you know, they're opposing, especially you know, my district, there's a huge opposition for my district previous bill as well. I'm going to have to, you know, be very, very, very supportive of, of the concerns that they have.
- Rosilicie Ochoa Bogh
Legislator
So with that, thank you for being a champion for our, for our small school districts and our rural areas. And as someone who has some of those areas in my, in my district as well, you know, we have, we have to be a voice for the, for the, for, for those small school districts.
- Rosilicie Ochoa Bogh
Legislator
And so with that, I will be happy to move this, the bill when appropriate. I'm not sure if actually I think Senator Cortese already moved it. I'll be happy to support this bill as well. And thank you for carrying that torch.
- Sasha Perez
Legislator
Thank you, Senator Ochoa Bogh and appreciate, I think, the comments that have been shared today, you know, those from the opposition. I think, you know, we recognize that we want to move to cleaner emissions vehicles. And I think that includes for school districts, you know, local cities and municipalities.
- Sasha Perez
Legislator
But also recognize the very tight budget constraints that our school districts are facing, as well as some of the challenges that they face in attaining some of this technology.
- Sasha Perez
Legislator
I know for myself, before I came here and I was mayor of the City of Alhambra, one of the major challenges that we faced is setting up the actual charging systems to go fully electric for a fully electric fleet in Alhambra. And that's actually what led to the major delays and implementation for our local city.
- Sasha Perez
Legislator
And it was disappointing because obviously I wanted to see us go 100% electric as soon as possible. But making sure that we had, well, first of all, the energy source as well as the charging system available to charge up those vehicles was important and a critical component of that.
- Sasha Perez
Legislator
So we know that there are infrastructure that goes into this setup beyond just the purchasing of a bus and getting our school districts ready for this.
- Sasha Perez
Legislator
So I appreciate, I think, the balance that you're trying to strike here with AB 1111 assemblymember, and appreciate that you've also been working, I think, with the oppos to address some of these concerns so that we can ensure, yes, you know, we're meeting our climate goals, we're reducing greenhouse gas emissions, but also being mindful of the needs and challenges that our local school districts face, which I think is really important and critical as well.
- Esmeralda Soria
Legislator
Thank you. I do want to appreciate, Chairwoman, the comments that were made by both of you related to this bill. I want to affirm my commitment to continue working with all stakeholders and obviously also the relevant agencies that oversee the adoption of these EV fleets for the schools.
- Esmeralda Soria
Legislator
This bill is, again, I want to just highlight, is not trying to undo the work that has been done to reduce the, reduce the emissions of California school buses. I mentioned again, I supported the bill that created this mandate because I want to reduce GHE and toxic air emissions the same as, you know, even opposition.
- Esmeralda Soria
Legislator
However, we do need to recognize that we're not in the place we thought we would when the original legislation passed. And we can even learn from what is happening across the state and in regions like mine when it comes to EV car adoptions. We are way, way behind.
- Esmeralda Soria
Legislator
And I think that there has to be a recognition that in this case, the market for stopgap alternatives to zero emission buses to help struggling districts to get to 2035 is disappearing. That's why this bill is critical. Route length and terrain aren't the only challenges districts are facing.
- Esmeralda Soria
Legislator
We also know that federal funding for schools has never been more volatile than right now. We're, you know, just getting word what's happening in Washington D.C. and so AB 1111 recognizes these challenges and takes reasonable steps to, to address them. So we all want to reduce the emissions our children are exposed to.
- Esmeralda Soria
Legislator
But for this effort to be successful, we need to engage with the reality of what converting to zero emission buses means and adjust our trajectory to ensure the conversion is successful for our small school districts. The families in my district depend on these buses, as do many of the families throughout California.
- Esmeralda Soria
Legislator
And we need to ensure our schools, our students in rural and smaller school districts have the same access to education as everyone else. And so I respectfully ask for your aye vote today.
- Sasha Perez
Legislator
Thank you. Assembly Woman we have a motion by Senator Cortese and the motion is do pass to the Senate Environmental Quality Committee. Assistant can you call the roll?
- Sasha Perez
Legislator
Thank you and we will put that Bill on call. Next up, I see we have Assemblymember Valencia in the audience to present AB 1224. Assemblymember, you may begin when you are ready.
- Avelino Valencia
Legislator
Buenos Dias. Madam Chair and Senators, I want to thank Ian for his work on this Bill and I will be accepting the amendments described in the analysis.
- Avelino Valencia
Legislator
AB 1224 provides greater continuity to students whose teachers are out of a classroom for an extended period by allowing a substitute teacher to serve in a classroom for up to 60 days. We continue to face an unprecedented teacher workforce shortage even as California continues to invest in teacher retainment programs and grants.
- Avelino Valencia
Legislator
And we did a specific job of doing that in this last budget that we just approved recently. The research is clear. Students have better educational outcomes when they experience minimal disruptions in the classroom and have a stable learning experience.
- Avelino Valencia
Legislator
While this legislation, and I want to emphasize this point, does not solve the teacher shortage, it is an important tool to support our schools until longer term solutions can be implemented and take effect. With me to provide testimony is Christine Wright with the Sacramento County Office of Education and Dr. Don Hubbell with the Merced City School District.
- Sasha Perez
Legislator
You may begin when you are ready. And you'll have two minutes to speak.
- Dawn Hubble
Person
Good morning Honorable Chairperson and Members. Thank you for the opportunity to speak to you today. I am Dr. Dawn Hubble and I've been an educator for 20 years in California. My entire tenure of service has been in Merced City School District in the Central Valley.
- Dawn Hubble
Person
I'm currently the Director of Human Resources and I hold a multiple subject teaching credential and two single subject authorizations. In math and science, I taught 8th grade algebra 1, integrated math, physics and physical science for more than 10 years before I became an educational leader.
- Dawn Hubble
Person
Today I hope to speak to you from the position of recruitment and retention and also embolden you to hear the heart of an educator and an advocate for children. I'm a proud AXA Member who co sponsors this Bill. Matt junior student who is preparing to go to high school enrolling into my integrated Math class in 8th grade.
- Dawn Hubble
Person
If I were teaching this year, that is a pivotal course in the pathway of a student success. Now imagine I have a medical procedure that takes me their teacher out of the classroom this year. There are also permanent vacancies for math teachers in my district where we serve more than 12,000 students and have 18 comprehensive sites.
- Dawn Hubble
Person
With most of my 560 teachers placed in the last column and cell of our salary schedule, I anticipate a plethora of retirements ahead of us. Teacher shortages are real and there are harder to fill positions than others.
- Dawn Hubble
Person
Districts look to CTC for that teaching permit for statutory leave called a TPSL for classroom coverage and we call these long term subs. Single subject matter competency is required for a TIPSIL and a permit with a BA or a BS in that subject matter and an additional 45 hours each year that they renew that.
- Dawn Hubble
Person
If an employment candidate in my pool has such a subject matter competency, districts are more likely to invest in that person to fill a permanent vacancy using a PIP stip or intern credential.
- Dawn Hubble
Person
Our sub pools are not flooded with those who are subject matter competent and our neighboring school districts would take these candidates out of our sub pools. Substitute teachers don't hold contracts that are permanent. I ask that you consider the scenario that I shared with you. 184 instructional days. A different face every 30 days.
- Dawn Hubble
Person
At least six different teachers in one year. That is very difficult for a student to shoot a successful trajectory to get to college. I ask with the 18,000 administrative colleagues across the state with AXA that you support this Assembly Bill 1224.
- Kristin Wright
Person
Honorable Chair, Members of the Committee, thank you for the opportunity to speak today. My name is Kristin Wright and I'm currently the Executive Director of Inclusive Practices at the Sacramento County Office of Education. Prior to this role, I served as California's State Director of Special Education at the Department of Education.
- Kristin Wright
Person
Today, I speak to you not only as an Educator and County Office Administrator, but as a mother. Our daughter Shelby was born with extensive physical, medical, and intellectual disabilities. She relies on a feeding tube, full mobility assistance, and is nonspeaking.
- Kristin Wright
Person
Her success at school depended on a predictable team that understood her needs, what her facial expressions meant, how to support her medical care, and how to create a sense of safety through routine. This was not easy to learn. Now, imagine Shelby is your daughter and there's a teacher vacancy in her classroom.
- Kristin Wright
Person
The classroom substitute teacher who finally learns all of her complexities, her trust, is cycled out after 20 days because of a policy limit. Each new substitute brings a new face, new misunderstandings, and altered routines, and then your phone rings, your child's having a meltdown or she's inconsolable. Can you come pick her up? You're at work.
- Kristin Wright
Person
This is the reality for families across our state raising children with disabilities. And this is why I strongly support AB 1224, which would extend the number of days a substitute teacher may serve in a special education assignment from 20 to 60.
- Kristin Wright
Person
These classrooms, especially in our county operated regional programs, are not places where anyone could just step in and succeed. I agree they require specialized training. However, in the absence of that, we need consistency and strong relationships. Current law forces us to remove even qualified, willing substitutes because they've hit an arbitrary cap.
- Kristin Wright
Person
Each time, we have to get a new person up to speed. Of course, as an educator and parent again, I want highly qualified, well trained teachers working in every classroom. The current reality is that in two years, California has seen a 16% drop in new education specialists with very few programs preparing candidates for the most complex roles in California, called the ed specialist for students with extensive support needs.
- Kristin Wright
Person
AB 1224 doesn't lower standards. It allows districts and counties and schools to maintain stability while continuing to recruit permanent staff, and we do that. I respectfully urge your support. Thank you.
- Sasha Perez
Legislator
Thank you for your testimony. Do we have any other witnesses in support? If so, please use the mic at the railing.
- Briana Brands
Person
Good morning. Briana Brands, on behalf of the California County Superintendents, proud co-sponsor of the Bill, in support.
- Chris Reif
Person
Good morning, Madam Chair Members. Chris Reif on behalf of the California School Board Association, also a proud co-sponsor, and thank you for the author and the work of the Committee.
- Layla Alicon
Person
Layla Alicon, on behalf of the School Employers Association of California, in support.
- Sarah Kaminsky
Person
Sarah Kaminsky, on behalf of the Association of California School Administrators, proud co-sponsor, urging your aye support.
- Pamela Gibbs
Person
Pamela Gibbs, for the Los Angeles County Office of Education, in support.
- Caitlin Zhang
Person
Caitlin Zhang, on behalf of the San Bernardino County District Advocates for Better Schools, in support.
- Michelle Aguila
Person
Michelle Aguila, on behalf of California Association of School Business Officials, one of the co-sponsors of the Bill also, in strong support.
- Sasha Horowitz
Person
Good morning. Sasha Horowitz, Los Angeles Unified School District, in support.
- Lee Reid
Person
Good morning. Lee Angela Reid, on behalf of San Francisco Unified School District, in support.
- Kyle Highland
Person
Good morning. Kyle Highland, on behalf of the Coalition for Adequate Funding for Special Education, in support. Thank you.
- Madison Mercado
Person
Good morning. Madison Mercado, for Clovis Unified School District, in support.
- Cooper Kenney
Person
Good morning. Cooper Kenney, on behalf of Small School Districts Association, in support.
- Carlos Rojas
Person
Good morning. Carlos Rojas, representing the Kern County Superintendent Schools, in support.
- Sierra Cook
Person
Sierra Cook, with San Diego Unified School District, in strong support.
- Megan Baer
Person
Megan Baer, on behalf of Corona Norco Unified School District and Vallejo City Unified School District, in support. Thank you.
- Jeff Frost
Person
Jeff Frost, representing the Orange County Department of Education and the California Association of Suburban School Districts, in support.
- McLane Rosanski
Person
Good morning. McLane Rosanski, with the Alameda County Office of Education, in support.
- Leilani Aguinaldo
Person
Hello. Leilani Aguinaldo, on behalf of Oakland Unified School District, Santa Clara County Office of Education, and Fresno Unified School District, in support.
- Jeff Baca
Person
Jeff Baca, representing the Riverside County Superintendent of Schools, in support.
- Xavier Maltese
Person
Xavier Maltese, with the California Charter Schools Association, in support.
- Adam Keigwin
Person
Madam Chair and Senators, Adam Keglin, on behalf of Alliance College Ready Public Schools, in support.
- Elizabeth Esquivel
Person
Elizabeth Esquivel, with the Yolo County Board of Education and the rest of our board members, in support.
- Sasha Perez
Legislator
Great, thank you. We will now take lead witnesses in opposition. If you could please come up front here. You will each have two minutes for your testimony and you may begin when you are ready.
- Andy Chow
Person
Hi, Madam Chair and Members, I'm Andy Chow with the California Teachers Association in respectful opposition to 1220—AB 1224. AB 1224 codifies a 60-day sub, which was created during the Pandemic, due to decreased staffing due to COVID infection rates, which was exacerbated by an existing workforce shortage.
- Andy Chow
Person
We applaud the work of the Governor and the Legislature and what they've put in since COVID-19 Pandemic to make the teacher pipeline more robust and resilient by better pedagogical training. And as we saw in the recent budget that was just signed, grants to pay student teachers.
- Andy Chow
Person
Because of these extraordinary efforts, this year's CTC Teacher Supply Report showed that there was a bounce back in newly credentialed educators, the highest number of teacher hires since the COVID 19 Pandemic.
- Andy Chow
Person
CTC believes that this Bill, as written, would create a chilling effect for the work that the Legislature has put in codifying what was supposed to be a band aid solution for an extraordinary circumstance, incentivizing the hiring of individuals without any pedagogical training and disincentivizing hiring of qualified trained educators.
- Andy Chow
Person
We've seen how students have suffered through the—with the—upheaval of the regularly programmed schedules and the learning loss throughout the Pandemic. CTA agents do not to double down on this Pandemic era policy. While we appreciate the conversations with the author and the sponsor, CTA must urge your no vote.
- John Affeldt
Person
Good morning, Madam Chair and Members. John Affeldt, with Public Advocates, here to urge a no vote on AB 1224. Without any added measures of quality, this Bill would double access to unprepared and unsupported substitutes for—to—60 days, a full third of a school year. AB 1224 substitute requirements would call only for fingerprints and a bachelor's degree.
- John Affeldt
Person
No subject matter competence, no training on how to teach at all, no training to support English learners or students with disabilities.
- John Affeldt
Person
Unlike with other longer term permits, AB 1224 imposes on districts no duty to provide pre-service training, no ongoing mentoring and support from the district, no accountability for instructional quality, and the Committee amendments do not address these concerns. The sponsors cite to the bill's promise of greater instructional continuity.
- John Affeldt
Person
60 days of instruction for an English learner or student with severe disability challenges from a wholly unprepared instructor would be continuity, but it may well be a continuity of failure.
- John Affeldt
Person
A failure to connect, a failure to teach, a failure even to avoid the kind of violence and disproportionate restraint of students with disabilities that the Ralph Act outlawed in the 1970s, an Act substitutes need have no knowledge of. We urge you not to cement into law the ability of districts statewide to double student exposure to untrained teachers with the inevitable disproportionate impact on low-income students and students of color.
- John Affeldt
Person
The choice presented by the sponsors is a false choice. It's not between an untrained 60 day warm body or no body. It's between an untrained 60 day teacher and someone, even if it's a 60 day permit, someone with some minimum standards in place.
- John Affeldt
Person
We understand the Commission on Teacher Credentialing has shared with the author some ideas on what kind of minimum standards, both in preparing the candidate and in the district's obligation to monitor and support, could be in place. Those measures should be considered before this Bill moves forward, but in its current standardless form, we urge a no vote.
- Sasha Perez
Legislator
Thank you for your presentation. Do we have any other opposition witnesses in the room? Please use the mic at the railing.
- Jonathan Howard
Person
Hi, I'm Jonathan Howard with the California Commission on Teacher Credentialing. We're a tweener on this. We've recommended amendments to the author and the sponsors where a Commission staff is pleased to see the amendments that are in the Bill analysis, and we think it's a step in the right direction.
- Jonathan Howard
Person
We don't think it goes far enough to protect students, our most vulnerable. We look forward to continuing working with the author's office, the sponsors, the opponents, and other interest holders to find a solution that works for everyone. Thank you.
- Sasha Perez
Legislator
Thank you. Anybody else? Alrighty. Seeing as we have no one else, thank you to all those who spoke. I'll now turn it over to our Committee Members. Do we have any comments or questions? Senator Cortese.
- Dave Cortese
Legislator
For the author or opposition if you prefer. I came in support of the Bill, but I'm interested from the opposition of just maybe if I can just to use a couple of real fact patterns that have happened right around me and my own family in life to see how you respond to those.
- Dave Cortese
Legislator
One of those is I have a son who is a K-8 principal who had a teacher who was necessarily referred to rehab for a relatively long period of time. There's a fairly insufficient amount of administrators to fill that classroom need and certificated teachers are unavailable.
- Dave Cortese
Legislator
I'm trying to understand what certification should be required for a teacher to come in and fill that 60 day period. You know, under your opposition context.
- Dave Cortese
Legislator
The second and similar fact pattern is in a district that one of the seven, actually eight districts within my Senate district, where we have significant under—or declining enrollment—and a teacher shortage as well. We have substitutes being called on in droves to come in for teachers who have essentially left.
- Dave Cortese
Legislator
That obviously is not happening in this moment but has happened during the course of the non summer part of the school year. Say I'm gone, I'm out of here.
- Dave Cortese
Legislator
I, I don't understand if, if what you're up, from the opposition standpoint, you're saying it's better to use a series of substitutes or if it's better or there's some credentialed person that should be available in your mind in that school district.
- Dave Cortese
Legislator
I don't see it and besides the principal, have two other family members currently who are teachers. We don't see that pool of people being available on a credentialed side. We see only what's available are substitutes and, in some cases, substitutes who themselves are incapable or unwilling, you know, to work on more than a day-to-day basis.
- Dave Cortese
Legislator
Could you just respond to that and tell me, I mean I'd like to tell the school districts in my district, I'd like to tell my family members, I'd like to tell my son, who's a principal, what the alternative is to bringing in a substitute for some period of time to sort of close out, either close out the school year or close out that 60 day period I was talking about in the rehab scenario.
- John Affeldt
Person
So, we do take issue with the premise that it's just a fait accompli. We have to accept that, that we're just going to have to lower standards or have, have, have no teachers.
- Dave Cortese
Legislator
I don't mean to interrupt you but I'm talking about a situation that happens now, not what we need to do. What I'm not asking you what the long term plan is for solving this problem.
- Dave Cortese
Legislator
I'm asking what do those individuals like my...like my, my son who is a K-8 principal, what does he do right now? That's what I meant.
- Dave Cortese
Legislator
That's all I'm asking because it seems—it sounds like—you're saying one of the remedies is there should be somebody who has whose certificate or has a credential that could step in immediately.
- John Affeldt
Person
There's a hiring hierarchy in the law that districts are not following now, including maybe your districts that you're positing. We're currently in litigation with West Contra Costa Unified because they're not following the hiring hierarchy, even though they're required to.
- John Affeldt
Person
The immediate things that they should be doing is looking to see if there are fully certified people on staff who aren't teaching, who could be in there. Next, there are TOSAs, Teachers on Special Assignments, who are fully credentialed in one subject.
- John Affeldt
Person
But maybe they could be put in a different subject matter under a TOSA and put in that position even if they don't have the proper subject matter. Next, you look at interns and has there been enough pressure on the district to build up their interns or their residents?
- John Affeldt
Person
If not, then you go to STIPs, then you go to PIPs, then there's a TPSL, which is the Teaching on Statutory Leave. If not, then there's 60 day emergency substitutes and then if not, then you have the 30 day.
- John Affeldt
Person
And what, in addition, we're both saying, and the Commission is saying, is if you've gone through all of that and all you have is this 30 day substitute, before you get them to be a 60 day substitute, you've got to do some additional training and pre- service training before you put that person in for a third of the school year.
- John Affeldt
Person
And you, as a district, have to commit, which you don't have to do with a 30 day, and the sponsors are not proposing you do with a 60 day. The district should be committing to mentor and support that person and this Bill does not do that.
- John Affeldt
Person
And the last thing I'll say, as an anecdote, and I was a school board President, so I'm not just making this stuff, it can be done.
- John Affeldt
Person
Okay, I know. I, I appreciate your anecdotes, but I spoke recently with an Assistant Superintendent who told me that they didn't have, haven't had to apply for a waiver in 27 years. And why is that? Because they know the ins and the outs of what's currently available under current law and they also do their planning in advance.
- John Affeldt
Person
You should be figuring out how you're going to staff those classrooms in April and May and not September and October.
- Dave Cortese
Legislator
What I'm really asking for is when you go through all those steps and now you're at the point of needing—feeling that you need—to take a 30 day and go to 60 day and the training is required at that moment, because clearly that person wasn't going to be available in their substitute temporary status two weeks before, four weeks before, eight weeks before.
- Dave Cortese
Legislator
We all know that to train because they're working somewhere, somewhere else where they've been assigned, at LA unified or wherever. So, now you're right on top of it. You've got, you got kids in a classroom, you've got a 60 day need, you've got a teacher in rehab that's not coming back or has walked off.
- Dave Cortese
Legislator
You've gone through every single one of those checkpoints that you, you indicated. All reasonable to me and required. What do you do with the kids? Leave them there with—unattended? I don't understand, I don't understand what your remedy is, unless you feel like the training can be done on an overnight basis.
- Dave Cortese
Legislator
The training, the in servicing of this person, to bring them up to standard. In my mind, either would then have to happen overnight, which is kind of an oxymoron, or you're gonna, you're gonna have a classroom of unattended kids.
- Dave Cortese
Legislator
And I think that's the distinction people are trying to resolve in real life, you know, all during the school year, especially once you get into the second half of the school year, when all of a sudden, there's an overwhelming need for substitute teachers in the first place, or any kind of teacher because, because of attrition.
- John Affeldt
Person
I think the—it's a very good question, and these are the kinds of nuances that should have been taking place in front of the Commission on Teacher Credentialing with stakeholders in the way that the TPSL was developed without a blunt instrument of a piece of legislation.
- John Affeldt
Person
My particular response would be if there's—that there should be more accountability to make sure the district, and I would think the Legislature would want that, is really gone through that hierarchy and really has no other choice. There's nothing in this Bill that gives you that assurance.
- John Affeldt
Person
If you get to the emergency situation like we need that person there now, then maybe there's a parallel 45 hour training period while you're on the job, as it were. And in either case, putting the training aside, this Bill does not have any obligation of the district to mentor and support and supervise that person.
- John Affeldt
Person
They're just left to swim according to the Bill. And that is a serious concern that we have and the Commission has. And I thank my colleague.
- Dave Cortese
Legislator
Thank you. Let me just say, through the Chair, I'm not dismissive of your concerns and what you feel should be done in terms of the standard.
- Dave Cortese
Legislator
I do think sometimes we—I don't call it, I call it a blunt instrument too, but I call it a meat cleaver instead of a scalpel—that when folks who are in a position of administering these kinds of processes don't do the surgical work that they need to do, as you're alluding to, to get us to the point where you can either evade these emergency situations or, you know, have the best case scenario of somebody fully trained to step into them, then you end up with legislation like this, which to me is compelling to support to say, at least let's do this right now while the rest of the system's still trying to figure this out.
- Dave Cortese
Legislator
And it's kind of where I am today. But it's not, it's not that I'm dismissive of your concerns and I appreciate the back and forth on this because you helped me understand and learn a lot more than I knew before I came in here today. Thank you.
- Rosilicie Ochoa Bogh
Legislator
So, I'm going to take a different angle and I've heard the support and opposition, but I think—thank you—for being here for bringing this measure forward and I'll share with you why I am supporting this particular measure and why I think it's important.
- Rosilicie Ochoa Bogh
Legislator
I was able to teach for several years before deciding to stay home after I had kids. And it was interesting, at that time, I taught at a school that was year round school and it was an English—I was an English language learner teacher.
- Rosilicie Ochoa Bogh
Legislator
But one of the things that I noticed is that I remember because I had a month off, had no kids, right, I would actually work two weeks out of the month because I'm like what am I going to do for a whole month? Now thinking back, I'm like what? What was I thinking?
- Rosilicie Ochoa Bogh
Legislator
I should have taken the whole month off. But I did—I worked half of the month and worked in classrooms that were either for a day or that were a little longer. But now that I'm in the Legislature, we're looking at those calendar years, we're looking at to see how do we accommodate.
- Rosilicie Ochoa Bogh
Legislator
We're addressing work shortage and when I went into teaching, there was a work, a work, a work teacher shortage at that time—teacher shortage at that time. We're back there again this time around.
- Rosilicie Ochoa Bogh
Legislator
So, the reason I'm going to be supporting this Bill is because as from the Women's Caucus, we've talked a lot about trying to ensure that we have time off for teachers, parents to leave, which I believe is, and correct me if I'm wrong, but it's a 12 week time frame.
- Rosilicie Ochoa Bogh
Legislator
I think this Bill should actually match the teacher or family leave that we have for new families. And the reason being is that because we're in the classroom and because I taught, you know, I was a substitute teacher, and teachers were leaving for a long period of time, we want consistency in that classroom.
- Rosilicie Ochoa Bogh
Legislator
For those children, consistency is incredibly important. If we're going to have a teacher that's gone for three months, three months, folks, potentially we could have how many teachers in there and the lack of consistency when you're there and you're not there, you're not vested with those students, I can tell you, you're just going to let things go, let things go, and academically, those children suffer.
- Rosilicie Ochoa Bogh
Legislator
They suffer because there's no consistency, no accountability for those teachers that are just there for a couple of days, and they're gone.
- Rosilicie Ochoa Bogh
Legislator
But having a teacher that stays for a longer period, a substitute teacher that is willing to be there for two months, three months, at a time, for whatever the reasons, God bless them, that they would step up and actually want to be in a classroom for two to three months in order to have stability.
- Rosilicie Ochoa Bogh
Legislator
And maybe they don't want a full—I mean, I don't know what would compel someone to do that. But, you know, we need to create a system that actually allows for consistency in the classroom.
- Rosilicie Ochoa Bogh
Legislator
And if we're going to create a system in our schools that are going to allow our parents, our new parents, to leave the classroom, the least we can do is ensure that we have a system that actually substitutes that with someone that can be there that full period of time and provide that consistency and actually accountability for those students.
- Rosilicie Ochoa Bogh
Legislator
That's why I'm supportive. And I wish this Bill would go even further to three months, because I really do need. I think that if we're going to do that, there should be parity. There should be parity in the system that actually accommodates for flexibility as well in the substitute system and with training and so forth.
- Rosilicie Ochoa Bogh
Legislator
That's incredibly important. I absolutely agree with you. But if we're going to create those systems, then, goodness gracious, we better have something that actually accommodates that. And nobody would disagree with the fact that our students need consistency. We talked about that in their home life. We should expect that in the classroom.
- Rosilicie Ochoa Bogh
Legislator
And the systems that we create in this Legislature should accommodate that.
- Rosilicie Ochoa Bogh
Legislator
So, it is for those reasons, that simple reason is bringing that parity of what we're creating to ensure that our system, especially our kids, when they're dealing with AP exams, when they're dealing with the end of the year testing assessments that they have, they have, my goodness gracious, we need that consistency for those teachers and that, that investment in that time.
- Rosilicie Ochoa Bogh
Legislator
So, with that, I will be happy to support the Bill. And was there a motion? Oh, I'm the Chair. Oh, okay. Sorry. Things happen quite a bit. We get so vested in our, in our conversations here, we don't even pay—I don't pay attention. So, we have a motion by Senator Cortese and Member Valencia, would you like to close?
- Avelino Valencia
Legislator
Madam Chair, thank you for those remarks, to both Senators, in fact. I think we could all agree that we want what's best for our children. My wife is also an elementary school principal, so she has a perspective as well on this specific issue.
- Avelino Valencia
Legislator
And the continuity in the classroom is a concern in a hypothetical world where everything was perfect. Of course we would ensure that we could take care of all these detail points. But the fact of the matter is we have to work within the flexibility in the box that we have now.
- Avelino Valencia
Legislator
And in my opinion, this is one of those solutions and tools that could get us a step forward when it comes to ensuring that education in California is key for our youth. And that's exactly why I'm also taking the amendment to place a sunset because I understand this is a tool and a step, not a solution.
- Avelino Valencia
Legislator
I want to also add that—on the back end of the parental leave component, when teachers come back. I have heard from countless teachers in my district and across the state that they want to come back to a classroom where they read substitute notes from one or potentially two substitutes, not a plethora of substitutes, right?
- Avelino Valencia
Legislator
Because then it makes it more difficult for them to onboard after coming back from parental leave as well. So, for those reasons, I ask for an aye vote and appreciate both of your comments.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much, Member Valencia. Madam Secretary, please call the roll.
- Rosilicie Ochoa Bogh
Legislator
And we'll leave that on call for our absent Members. Thank you so much.
- Rosilicie Ochoa Bogh
Legislator
Okay, we're going to continue with File item number 13 AB602 by Assembly Member Haney. This should be parody. Welcome, Member Haney.
- Rosilicie Ochoa Bogh
Legislator
I am, yes. I'm telling you, people don't think this is. We're not going to say it.
- Unidentified Speaker
Person
I love this Committee. I know many people are like, education. But I think it's a great, great Committee. I'm grateful to be here and we're grateful to have you. Member Haney, Great.
- Matt Haney
Legislator
Thank you, Madam Chair. AB 602 will make sure that students don't have to choose between their life and risking their housing, academic standing, or their future. Right now, if a young person experiences a drug or alcohol related emergency, they can face academic discipline that can prevent them from calling for the help that they need.
- Matt Haney
Legislator
Currently, there is no standard for how our college campuses are responding to students who seek help during a medical emergency. This has led to a patchwork of responses at different university campuses, causing confusion and fear among students.
- Matt Haney
Legislator
At UC Berkeley, for example, a student who survived an overdose later faced housing removal and disciplinary probation simply for receiving medical care. This bill will ensure that students who receive medical assistance during an overdose are not disciplined for drug or alcohol related violations.
- Matt Haney
Legislator
If they complete an appropriate rehabilitation program in a time frame set by a campus administrator in order to comply with federal crime reporting requirements and ensure universities can hold repeat offenders accountable. This bill only applies once per academic term and allows universities to escalate the response after the first offense.
- Matt Haney
Legislator
This bill does not protect instances of sexual assault, hazing or any other violations of cases campus policies. It only applies to medical emergencies related to alcohol or drugs. This is simply about making sure that young people who are at risk call for help. This is something that we already have in place when it comes to criminal law.
- Matt Haney
Legislator
We don't punish people when they call for help, when they're in a medical emergency for the drug use that may be associated with it. We know that far too many people in our state, including, tragically, young people, do have addictions. This is something that is a public health and public safety crisis.
- Matt Haney
Legislator
But we have a responsibility to keep every young person alive and keep them in a place where they know that they can always call for help and not be afraid to do so. Last year's AB 1841 Weber ensured that students who are administered naloxone in residential halls do not receive academic punishment.
- Matt Haney
Legislator
AB602 will build on that by protecting any student on campus who receives help during an overdose. With me to testify and Support today is TJ Mcgee, a student at UC Berkeley, and Dizian Xeon. Sorry, Xeon Tran, on behalf of the Youth Power Project.
- T.j. McGee
Person
Hello? Okay, it's working. So, hello, Chair and Members of the Senate. I would like to share a story with you today on why AB602 matters. Imagine there was a boy lying on the floor of his dorm room. He isn't breathing right. His pulse is slow, his skin has gone pale.
- T.j. McGee
Person
He is having a seizure right in front of you. And he is only progressively getting worse. His roommates hovering above him, scared and frantic. In that moment when someone is overdosing, the stakes are life and death. But for the person on the ground, there is no guarantee that help will mean healing.
- T.j. McGee
Person
Across campuses in California, students who survive overdoses are often met not with care, but with punishment. They wake up disoriented, afraid and alone, only to find themselves facing disciplinary actions. Instead of medical follow up, compassion or connection to recovery resources.
- T.j. McGee
Person
AB602 speaks to that moment, the moment when survival should be a part of support, not the beginning of consequences. But without this b ill, what often happens is silence, stigma, institutional backlash, and for one terrifying moment, everything could have been lost. Not because they didn't survive, but because they did.
- T.j. McGee
Person
But the story didn't end in that dorm room floor. But everything changed. The help he needed didn't come. No one asked if he was okay. No one pointed him towards support. Instead, there was silence. And where there wasn't silence, there was disciplinary punishment that he received.
- T.j. McGee
Person
He spent the next months crawling his way through recovery alone, piecing together what he could, holding his education together with duct tape and desperation. Still, today, he's navigating it all. His grades, his future, his healing, mostly by himself. And the fear.
- T.j. McGee
Person
It's still out there, still gripping every student who finds himself in the same position, either overdosing and potentially passing away, or overdosing and surviving and wondering, was survival even worth it? That's why AB602 matters. Because it says your life is worth more than a policy violation. Because it removes the fear, the risk, the silence.
- T.j. McGee
Person
Because no student should ever be punished for choosing to stay alive. And I was lucky that day. But luck should never be policy. Thank you.
- Xeon Tran
Person
Good afternoon. My name is Xeon Tran and I am a student at UC Berkeley. I'm also the Communication Director for the Youth Power Project. I am testifying on behalf of Sanvi Arora, another UC Berkeley student and the Executive Director of the Youth Power Project, this bill's co sponsor with UCSA.
- Xeon Tran
Person
This bill addresses a serious gap in how we support students during medical emergencies. Right now, students who call for help during a medical crisis like alcohol poisoning or an overdose, can still face academic probation, eviction from campus housing, and even expulsion.
- Xeon Tran
Person
These potential consequences create hesitation at a time when immediate action can mean the difference between life and death. This issue is personal to me. At 15, I lost a close friend to an overdose. That loss drives my passion to eliminate barriers that keep students from calling for help.
- Xeon Tran
Person
At Berkeley, I've seen how fear of disciplinary action causes hesitation, forcing students to weigh saving themselves against risking their academic future. No one should have to make that choice. These protections aren't new or untested. UC Davis Aggies act and UC Santa Barbara's Responsible Action Protocol already provide them with strong results.
- Xeon Tran
Person
At Cornell, medical amnesty led to a 22% increase in emergency calls and a doubling of students receiving medical help. National data shows these policies make students 2.5 times more likely to call for help, with a 34% drop in alcohol and drug related deaths. The question isn't whether medical amnesty works. It does.
- Xeon Tran
Person
The question is whether California will extend this proven protection to all students. We've invested in Narcan distribution, but that tool is meaningless if students fear calling for help. I want to make it Clear that this bill does not protect instances of sexual violence, hazing or any other violations of campus policies.
- Xeon Tran
Person
This bill only protects students once per term. If they complete a rehabilitation program and anything beyond that, the school can discipline the student as they deem appropriate. Real destigmatization means real policy change. AB602 affirms our commitment to student well being and community care.
- Xeon Tran
Person
I thank Assemblymember Haney for leading this effort and responding to respectfully urge the Committee to support AB 602. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much. Appreciate both being here and your testimonies. We're going to continue with any other witnesses in support here in room 2200 of AB602.
- Natalie Posell
Person
Good. Good afternoon. My name is Natalie Posell and I'm a student at UC Davis. I'm here to voice my strong support for AB602. This bill will save lives and it will build a culture of safety and not silence. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much. Just as a reminder, you're going to state your name, your position and the organization you're representing. It's a me-too.
- Lizzie Kutzona
Person
Thank you. Lizzie Kutzona here on behalf of the. California State Association of Psychiatrists in support. Thank you.
- Benton Buecker
Person
Benton Buecker on behalf of the Davis College Democrats in strong support.
- Unidentified Speaker
Person
Catalina [unintelligible] on the behalf of Davis College Democrats, strongly support.
- Orchida Reyes
Person
Orchida Roy Reyes here this time just as a current university student in California. In support.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much. Seeing no other witnesses in support. We're now going to continue with any lead witnesses, registered witnesses in opposition. Seeing none. Do we have any other witnesses in opposition? Look at you.
- Rosilicie Ochoa Bogh
Legislator
That's wonderful. Congratulations. Okay. And we'll bring it back to the dais. I'm all alone like Shrek right now, sitting here. So, couple of comments. I think it's, it's a great bill. I, I don't think any student should be penalized for seeking help. We want to save lives.
- Rosilicie Ochoa Bogh
Legislator
And I think there's been passed legislation just as I've been here five years that allows us to ensure that those, those students are protected. Where I'm a little concerned is the fact that it's the time, it's the frequency in which this will, will go.
- Rosilicie Ochoa Bogh
Legislator
Because it's my understanding that when students are, quote, unquote, quote, given a disciplinary action, there's a lot that goes into that process before it actually becomes a disciplinary action afterwards. I mean, it's very, very rare. If it happens. And there's going to be many factors are going to be considered before that actually happens.
- Rosilicie Ochoa Bogh
Legislator
The concern that I have is that this, and correct me if I'm mistaken, but this is going to give the clock anew, an opportunity for students to have it, have an overdose happen to them and seek that help once every quarter or semester before so that there's no disciplinary action, period. Is that correct?
- Rosilicie Ochoa Bogh
Legislator
Is so basically my concern is that the students will be engaging in behavior that could be contrary to their well being. And you're allowed to have that and have basically an overdose without any intervening help. When I talk about disciplinary action, I'm talking about intervening help in that end. And that doesn't happen.
- Rosilicie Ochoa Bogh
Legislator
That won't happen because you're going to be basically the school will be giving an opportunity to the student to basically overdose once every semester or quarter without having or pursuing any intervention after that.
- Matt Haney
Legislator
So the bill, only within the scope of the bill, only applies once per academic term. And they are still able to require the student to complete an appropriate rehabilitation program. So the consequences there would be that they do need to complete that program.
- Matt Haney
Legislator
And if they don't complete that program, there can be other additional discipline that is put in effect there. Our concern about saying that this could only happen once during their entire time in college, for example, is that unfortunately addiction is hard for people to get past any person, including a young person.
- Matt Haney
Legislator
And I would hate to have somebody who needed this help who was in a life or death situation not call because it happened the next year again.
- Matt Haney
Legislator
You know, I don't think that we don't want people to do anything that harms themselves ever, of course, but as we know, including with drugs now and different substances, sometimes you don't know what's in that, and sometimes you're being poisoned and sometimes things happen unknowingly or you have an addiction that you're really trying your best to get past and still you're finding yourself in a position of danger.
- Matt Haney
Legislator
This is just in the case of medical emergencies. So you can still be punished for having substances in other situations or breaking other rules, or certainly other drug related violations.
- Matt Haney
Legislator
But just if there's a medical emergency where somebody received medical help, that's the situation where we don't want people to choose not to call for help because they're afraid of being punished. And it's still even limited to just once per academic term.
- Matt Haney
Legislator
But because we're requiring people to go through a rehabilitation or counseling program, hopefully they are actually getting help. And hopefully this doesn't ever happen again. I think for most people it wouldn't happen again. And we are limiting it in that way.
- Matt Haney
Legislator
But we didn't limit it to say just once ever, because again, I think if this was our kids, we would want them to think about nothing but getting the help that they need. And drug addictions are very challenging, you know, and unfortunately among young people, among people across the state, far too common.
- Rosilicie Ochoa Bogh
Legislator
No, and I, and I, and I see your point, which is why I'm very supportive of the measure. My concern was why the time? Why do we just only once, you know, why was that necessary to put it there?
- Matt Haney
Legislator
Well, and that I agree with you, we initially did not limit it because of what you're saying. This was something that we worked with the UC and the CSU on and we wanted to address their concerns around it and this was something that they asked for.
- Matt Haney
Legislator
And so this as well as a few of the other amendments that are in the bill came as a result of our, of our collaborative work with them. And ultimately, as you saw, they're not here in opposition. I was going to say there's no opposition, which means that they're going to.
- Matt Haney
Legislator
And also, as I'm looking at my notes from my staff, this was also an amendment that the Higher Education Committee in the Assembly had asked for in terms of the timing.
- Rosilicie Ochoa Bogh
Legislator
Okay. So that was, I was trying to understand that component as to why, and.
- Rosilicie Ochoa Bogh
Legislator
Okay, well, on that we can't take a motion right now because we're missing Members. But you know, as a mother of, I have one graduate from college, I have two in college, a 23 year old and a 19 year old son.
- Rosilicie Ochoa Bogh
Legislator
And it's important for me to ensure that, you know, any policy that we see here, that it really does cater to the safety of our students. Understanding that you folks have your free agency. I mean, I can't.
- Rosilicie Ochoa Bogh
Legislator
And when it comes to the universities and colleges, it's always very hard for me to put statute in place that mandates colleges or universities to require certain behaviors from our students when we as parents don't have the purview over our, our young adults.
- Rosilicie Ochoa Bogh
Legislator
So I'm always very careful to have that balance in universities as well as ensuring that we understand the psychology behind young adults and their newfound freedom in college. So thank you for bringing this measure forward.
- Rosilicie Ochoa Bogh
Legislator
Our hope is to ensure that our students are seeking the help that they need, especially when it comes to opioid addiction, which is incredibly hard to overcome. And so thank you for bringing this bill. I look forward to supporting the bill. It means a lot. Thank you for your comments.
- Matt Haney
Legislator
And we just want to protect young people, and this will help them get support and help. We don't want them to be afraid, especially in a moment where they are at risk and they're in danger. We want them to be okay. We want them to get medical support, and then we want to be able to support them.
- Matt Haney
Legislator
And that's what I hope this bill does. And in a way that will allow the universities to be able to implement the it. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Thank you, Member Haney, and thank you to the witnesses for being here today. Okay, we have Assembly Member Bonta. We're going to proceed with File item number 18 AB 1230. That was universities I mentioned.
- Rosilicie Ochoa Bogh
Legislator
Glad to have you here in the Committee Senate looking forward to hearing your testimony. You may proceed when ready.
- Mia Bonta
Legislator
Good afternoon, chair and Committee Members. AB 1230 strengthens expulsion rehabilitation plans to ensure that expelled students receive the support they need to successfully., my gosh, that's like written a lot here. To successfully return to their home schools. Last year, over 4,000 students were expelled from California classrooms.
- Mia Bonta
Legislator
These students are not only removed from the classroom, but too often pushed onto a path toward poor academic outcomes, chronic disengagement, and contact with the juvenile justice system, a pattern widely known as the School to Prison Pipeline. Existing law requires a rehabilitation plan for every expelled student, but provides very little guidance on what that plan should include.
- Mia Bonta
Legislator
Plans often fail to address the behavior that led to the expulsion, require costly or inaccessible services, and impose unrealistic academic or attendance standards. This causes students to remain in limbo, unable to meet the terms of the expulsion plan, 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 that a rehabilitation plan be tailored to the individual's needs and focused on addressing the underlying behavior, ensuring that students can access necessary services regardless of cost or transportation barriers, strengthening transition supports and clarifying the readmission process and requiring school 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.
- Mia Bonta
Legislator
Here we have Joy Hernandez, senior program manager at the National Center for Youth Law, and Fred Kogan, who I understand is on his vacation from Madera and drove down here to testify, as well as being the Executive Director for Career and Alternative education with the Madera County Superintendent of Schools.
- Joy Hernandez
Person
Testing. Good afternoon. My name is Joy Hernandez, and I'm a senior program manager with the National Center for Youth Law, a proud co-sponsor of AB 1230. Over the last seven years, I've had the privilege of overseeing an educational case management program that supports students in Santa Clara County.
- Joy Hernandez
Person
During that time, our program has supported over 375 youth, many of whom have navigated the expulsion readmission process. I'm here to share the story of one of our students, JG When JG Was expelled, he was given a boilerplate rehab plan that required perfect attendance, passing every single class and avoiding discipline in order to return to his district.
- Joy Hernandez
Person
While expelled, he took those conditions seriously and achieved the highest GPA and attendance rate he had ever gotten, a 3.22 with a 95% attendance rate.
- Joy Hernandez
Person
Upon completion of that expulsion, however, JG and his family received notice that he was denied readmission while they thought he had done everything he had needed to do, JG was told that he had not fulfilled the entirety of his rehab plan because of a single written warning he had received two weeks into attending his new school.
- Joy Hernandez
Person
What JG and his family later learned was that his rehab plan held the high bar of avoiding all possible suspendable behaviors, even those that he wasn't ultimately suspended for.
- Joy Hernandez
Person
Due to that fact, JG could have been Due to that incident, JG could have been suspended, but instead received a written warning and that incident was enough to disqualify him from attaining readmission. Despite all of his growth and hard work, JG remained expelled for what otherwise should have been a minor infraction.
- Joy Hernandez
Person
Unfortunately, across the state, experiences like JG's are not uncommon, and some of them are worse.
- Joy Hernandez
Person
Students are reporting readmission evaluations that are delayed due to unclear processes, being required to pay out of pocket for services mandated by their plans, and being held to conditions that have no relationship to the behavior that got them in trouble in the first place. We have, however, seen many bright spots.
- Joy Hernandez
Person
Several districts have shown that there are more fair and equitable ways to handle expulsion readmission. AB 1230 takes those best practices and works to apply them across the state. By passing AB 1230, we will be ensuring that all students have access to fairness and a second chance, regardless of where they live.
- Joy Hernandez
Person
We thank Assemblymember Bonta for her work on this effort and respectfully ask that this Committee vote aye. Thank you.
- Frederick Hogan
Person
Good afternoon, Vice Committee Chair and Members of the Committee. My name is Frederick Hogan, Executive Director for Career and Alternative Education with the Madera County Superintendent of Schools. Having served in this role for more than six years, I supervise the enrollment and educational opportunities for expelled youth from the nine districts in our county.
- Frederick Hogan
Person
Previously, I was both a high school assistant principal and principal for a total of 15 years. Having been in education nearly 30 years, I fully understand the policy implications for expelled students from both the district and county office.
- Frederick Hogan
Person
Lens if you are a child who has committed a disciplinary offense serious enough to be expelled, you don't know how hard your next steps are going to be. You are losing your school, your peer group, and the trusted adults. You know these circumstances become further magnified for the parent of the expelled child.
- Frederick Hogan
Person
Currently, gaps exist in laws and expulsion rehabilitation plans that create the possibility for a child to get lost if they are not perfectly meeting expulsion stipulations Students not meeting all requirements due to access or opportunity can remain pushed out for longer than the agreed upon expulsion period.
- Frederick Hogan
Person
Lending your support for Assembly Bill 1230 means fostering a true partnership between district and family to see an expelled youth have every chance to complete their expulsion plan. Plan Assembly Bill 1230 creates student accountability and district support for the rehabilitation of an expelled child in reviewing educational options as part of their shared mindset between school and home.
- Frederick Hogan
Person
It creates opportunities for counseling needs and community service often required for plan completion without cost being a barrier. It creates procedures for monitoring readmissions requests back to their districts by reviewing progress and completing plan goals.
- Frederick Hogan
Person
And finally, this bill ensures that a student's return to district is not an all or nothing prospect due to numerous requirements with little available support. In closing, expelled youth are the neediest of our students.
- Frederick Hogan
Person
To that end, every student deserves the opportunity to find their way back to their home school as they progress toward graduation and end their scholastic careers on a note of accomplishment. I thank you very much for your consideration.
- Rosilicie Ochoa Bogh
Legislator
Thank you, sir. We're continuing with any witnesses in support of AB 1230 in room 2200.
- Lucy Carter
Person
Lucy Salcido Carter with the Alameda County Office of Education, proud co-sponsor. Thank you to the bill author. In support.
- Lizzie Cuzona
Person
Lizzie Cuzona on behalf of the California Academy of Child and Adolescent Psychiatry in support. Thank you.
- Katie Jennings
Person
Katie Jennings on behalf of the Children's Partnership in support, thank you.
- Pamela Gibbs
Person
Pamela Gibbs with the Los Angeles County Office of Education. We support the bill.
- Cassie Manzini
Person
Cassie Manzini on behalf of the California School Employees Association and support.
- Al Grant
Person
Al Grant on behalf of the California Alliance of Child and Family Services in support.
- Jeff Baca
Person
Jeff Baca on behalf of the Riverside County Superintendent of Schools in support.
- Megan Baer
Person
Megan Baer on behalf of the Oakland Unified School District and the Santa Clara County Office of Education. In support.
- Jenny Espinoza
Person
My name is Dr. Jenny Espinoza. I am a former chief physician, surgeon of the California State Prison System and currently serve as Executive Director of Back to the Start. On behalf of Back to Start, we strongly support this bill.
- Derek Lenox
Person
Good afternoon. Derek Lenox, on behalf of the California County Superintendents, please do support.
- Rosilicie Ochoa Bogh
Legislator
Okay. Having concluded with our witnesses in support, we'll now continue with any witnesses in opposition. Opposition to AB 1230 seeing none. Do we have any? General, this is [unintelligible]. Okay. Look at you. That's great. You have a great moment. Great bill. So we'll bring it back to the dais. Do we have any questions, comments from our Members?
- Christopher Cabaldon
Legislator
I'll just say I Don't pretend to have all the answers in this topic area. It's a complicated one, lots of trade offs, but this area of law definitely needs modernizing. And, and if there's.
- Christopher Cabaldon
Legislator
And I know how hard the authors worked and, and both on this bill and in the past on the issue and built a, a solid coalition with a thoughtful approach. And so I'm supportive and would move the bill.
- Rosilicie Ochoa Bogh
Legislator
Yeah. So we have a motion by Senator Cabaldon. Mr. Choi or Senator Choi. Do you have Dr. Choi? Dr. Choi? I'm okay. You're okay. Okay. I just have a couple of questions. So first of all, are you accepting the Committee amendments? Yes. Yes. Okay, perfect. Everybody's looking at each other. All right.
- Rosilicie Ochoa Bogh
Legislator
The other, the other question I had just out of consideration for some of the comments or some of the dialogue that we have here, the analysis when it comes to. And explain, because I'm sure that every plan is different for every school district.
- Rosilicie Ochoa Bogh
Legislator
But when there is an expulsion plan in place, are schools required to take in consideration the transportation or the available opportunities to be used for the rehabilitation efforts? Depending on, of course, what the reason is behind the expulsion. Are there accommodations just like an iep?
- Rosilicie Ochoa Bogh
Legislator
Is there, is there the same model or principle with IEPs in expulsion plans as there are with IEPs?
- Mia Bonta
Legislator
I'll ask my witnesses to contribute to this. I think that's a very apt comparison, Senator. I think what is happening right now is that school districts are not required to provide the evidence of providing the community supports or services or transportation in order to be able to support a student in meeting their rehabilitation plan.
- Mia Bonta
Legislator
This bill functionally requires that those services and opportunities be made available to the student who's in a rehabilitation plan and also requires the transportation necessary in order to be able to do that.
- Mia Bonta
Legislator
So it certainly creates a much more explicit connection between what the plan says on paper and, and whether the student will actually be able to access those opportunities. In fact.
- Rosilicie Ochoa Bogh
Legislator
Yeah, because I'm very supportive of the notion that if we're going to, you know, if we're going to provide a plan or expulsion, that there's a reason behind that. There's various reasons.
- Rosilicie Ochoa Bogh
Legislator
I mean, it's very, very hard, my understanding, to actually expose a student in the State of California, especially with the recent legislation that has been going through, it's very difficult.
- Rosilicie Ochoa Bogh
Legislator
But if we are proceeding with that effort, it is important to ensure that we do have the resources to ensure that the corrective behavior is the outcome and that is achievable, just like we have with an IEP that Well, this is the plan, this is the assessment.
- Rosilicie Ochoa Bogh
Legislator
This is what we're going to need in order to achieve that. I think we should have the same model and principle in design with our expulsion plan.
- Rosilicie Ochoa Bogh
Legislator
So having said that, I know it's difficult because we can say as a state, this is what we want, but we also have to ensure that we have the funding in order to able to, to meet that because that is an additional cost, unfortunately, to our school district as well.
- Rosilicie Ochoa Bogh
Legislator
So with that, I will be supporting the, the, the bill today. And we have a motion by Senator Cabaldon with that. Madam Member Bonta, would you like to close?
- Mia Bonta
Legislator
I actually, while we were sitting there listening to the prior bills, reviewed this very important fact on the financials associated with this one is that we have the benefit, this Committee has the benefit of the at least the Assembly appropriations assessment, which would indicate that this will likely cost with 4,000 children in the State of California currently on expulsion, probably about $200,000 in additional costs to the system.
- Mia Bonta
Legislator
And the State of California in this budget that we just signed or that the Legislature just voted on has $4.4 billion in extended learning opportunities funding and just this year increased that by $435 million to ensure that every student has can avail themselves of extended learning opportunities, which are certainly what is required when a student is under expulsion.
- Mia Bonta
Legislator
I want to thank both of my witnesses for one bringing forward JG's story and recognizing that we have an opportunity and obligation to meet the needs of every Californian child in their pursuit of education. And I really want to appreciate Mr.
- Mia Bonta
Legislator
Kogan for bringing forward this concept of an all or nothing prospect that it should never be the case that our children have to face this idea of all or nothing in our educational systems even as they are going through the rehabilitation process of seeking to return back to their school and to being put back on a path to school as opposed to the alternative in the State of California which we are so proud to represent.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Member. Madam Secretary, please call the roll.
- Rosilicie Ochoa Bogh
Legislator
Our witnesses are able to smile. That was a good thing. Thank you. Sen. It's a no. Okay. So we're going to go ahead and lift the calls for the Members present.
- Rosilicie Ochoa Bogh
Legislator
We do need a motion for file item number 13, AB602 by Member Haney. I'll move it. Okay, so there's a motion by Senator. So we have a motion for AB602. File item number 13 by Member Haney. By Senator Cabaldon.
- Rosilicie Ochoa Bogh
Legislator
All right, we'll put that on call. For our absent Members. And. And we'll place it on hold until have any other Members.
- Steven Choi
Legislator
I guess I get to play chairperson—with as only Member. So, now, back to item number 19, AB 1264, will be presented by Senator Perez on behalf of Assemblymen Gabriel. When you're ready, go ahead.
- Sasha Perez
Legislator
Thank you, Senator. Good afternoon, colleagues. I am pleased today to present AB 1264, on behalf of Assemblymember Gabriel. This first in the Nation bipartisan legislation would phase out particularly harmful ultra processed foods from school meals in California by 2032. In recent years, doctors and scientists have increasingly warned us about the negative health consequences of ultra processed foods.
- Sasha Perez
Legislator
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—consumption of ultra processed foods is a leading driver of poor health outcomes and rising health care costs.
- Sasha Perez
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. AB 1264 is based on the commonsense premise that our public schools should not be serving students products that can harm their physical and mental health and interfere with their ability to learn.
- Sasha Perez
Legislator
AB 1264 would achieve the school in two simple steps. First, it would establish a first ever statutory definition of what qualifies as an ultra processed food.
- Sasha Perez
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 art for processed foods that should be phased out of school meals by 2032 based on their known health harms.
- Sasha Perez
Legislator
State scientists would be charged with determining whether a product meets that definition by considering factors such whether it includes additives that are banned or restricted in other jurisdictions, whether products are required to include a warning label, whether the product 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, or salt.
- Sasha Perez
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.
- Sasha Perez
Legislator
AB 1264 continues California's national leadership on food safety and school nutrition. Last session, Governor Newsom signed into law two bipartisan, first in the nation measures banning dangerous chemicals and synthetic dyes in school meals. These measures inspired nationwide changes with the FDA subsequently banning two of these chemicals and more than 20 states introducing similar versions of our legislation.
- Sasha Perez
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 American Academy of Pediatrics, California Medical Association, American Diabetes Association, California Federation of Teachers, California State PTA, California School Employees Association, and school districts throughout the state.
- Sasha Perez
Legislator
I am very pleased to have with me today to testify in support of this Bill, Nora LaTorre, CEO of Eat Real, and Scott Faber with the Environmental Working Group. Thank you, and I respectfully ask for an aye vote at the appropriate time.
- Scott Faber
Person
Great. Thank you. Thank you, Madam Chair, for your support of AB 1264. And thank you for the opportunity to testify again. My name is Scott Faber on behalf of EWG. I also teach food law at Georgetown University Law School. And prior to joining EWG, I was the Vice President for Federal Affairs for the Consumer Brands Association.
- Scott Faber
Person
As you've heard, the overwhelming evidence shows that ultra processed foods have been linked to serious health harms. Processed foods are certainly part of a healthy diet. And AB 1264 does nothing to prohibit schools from offering processed foods. Ultra processed foods are different from processed foods because they combine industrial ingredients in ways that make our foods hyper palatable.
- Scott Faber
Person
These are industrially engineered foods that are not simply delicious. They are literally irresistible because they change the way signals are sent to our brains in ways that trigger our brain's reward center. They increase the speed with which that reward is delivered, and they interfere with the signals that tell us to stop eating.
- Scott Faber
Person
Sadly, Americans are the world's biggest consumers of UPFs. More than half of the calories we consume from UPFs, including 60% of the calories eaten by our children.
- Scott Faber
Person
By directing our state experts to identify the most harmful UPFs, AB 1264 will send the right signal to school food vendors who will be charged with distinguishing between processed foods, ultra processed foods, and the most harmful UPFs.
- Scott Faber
Person
I look forward to working with you and with my former colleagues at Consumer Brands and other food and farm industry leaders to craft legislation that follows the science that works for our farmers and food manufacturers and does what's right for our kids. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much for your testimony. Please present when you're ready.
- Nora Latorre
Person
Thank you, Madam Chair Perez, for your support. I want to also thank Assemblymember Gabriel for his leadership. AB 1264 is a critical opportunity to create a healthy, delicious future for our kids. Schools are the largest restaurant chain in our country, bigger than Subway, Starbucks, and Mcdonald's combined.
- Nora Latorre
Person
So, this is a big chance to make a significant difference. I'm Nora LaTorre, the CEO of Eat Real, a doctor-led K-12 approved nonprofit. We work with 500 California public schools and over 300,000 students. We're about to reach 1 million children in 20 states. This is what our work has proven—higher nutrition standards are possible.
- Nora Latorre
Person
Schools across California are already phasing out harmful ultra processed foods without costly kitchen upgrades, without budget increases, and often with cost savings. Many Eat Real schools even report saving money by switching to local real food. And the best part, our kids prefer it. When schools serve real delicious meals, participation in the meal program goes up.
- Nora Latorre
Person
In Eat Real, certified school students and teachers also report better focus, better behavior, and more learning. We're backing this with research, partnering with Dr. Goren at USC and Children's Hospital LA to study how real food affects student health and test scores. The early results, transformational. The cafeteria is one of our most powerful classrooms. What we feed our kids changes lives.
- Nora Latorre
Person
AB 1264 is win, win, win. Students thrive, farmers survive, and schools strengthen their bottom line. More real food, less harmful ultra processed food. Let's nourish the future with real food for our kids. Eat Real proudly supports AB 1264. And as a mom and as a CEO, I respectfully ask for your aye vote.
- Rosilicie Ochoa Bogh
Legislator
Thank you very much. We'll now continue with any witnesses in support of AB 1264 here in Room 2200.
- Oracio Gonzalez
Person
Madam Chair, Oracio Gonzalez, on behalf of NextGen California, in support.
- Cassie Mancini
Person
Cassie Mancini, on behalf of the California School Employees Association and the California Federation of Teachers, in support.
- Lizzie Cootsona
Person
Lizzie Cootsona, on behalf of the Office of Kat Taylor, in strong support. Thank you.
- Ryan Spencer
Person
Ryan Spencer representing the California Podiatric Medical Association, the California Medical Association, and the Crohn's and Colitis Foundation, all in support. Thank you.
- Carlos Ross
Person
Carlos Ross, representing the Kern County Superintendent of Schools, in support.
- Rebecca Stuffer
Person
Rebecca Stuffer with the Walnut Creek School District, and can I just say, we're one of the districts that work with Eat Real, and we've seen double in participation rate, increase in profit that lead to reinvesting in infrastructure and staff and just really sharing the whole welcoming department. Thank you.
- Patrick Mulvaney
Person
Patrick Mulvaney. I'm a chef from Mulvaney's B&L and founder of One Kitchen in Sacramento, in support of 1264. Good food for kids.
- Lee Reid
Person
Good food for everybody. Lee Angela Reid, on behalf of the California School Nutrition Association. We are neutral on the Bill, but the author's been great about working with us. Our folks are the ones actually going to be doing the work, not just talking about it.
- Lee Reid
Person
So, we want to make sure it's workable and the author has been a great partner in this. Thanks.
- Rosilicie Ochoa Bogh
Legislator
Thank you so much. Seeing no other witnesses in support, we'll now continue with any lead witnesses in opposition. Don't worry. This is a safe space.
- John Hewitt
Person
Thank you, Madam Chair. John Hewitt, on behalf of the Consumer Brands Association. We are in opposition to the Bill but want to first just acknowledge the author and the continued willingness to work with us and his office and in talk and the Bill sponsors and talking with us and trying to work through some of the unresolved issues that we have with the Bill.
- John Hewitt
Person
We do strongly support the goal of 1264 to encourage schools and school districts to provide and prioritize healthier food options in school meals and to prioritize the California grown component and aspect of it. However, I'll just renew some of our concerns that we've had ongoing, that we continue to be working on.
- John Hewitt
Person
First, is in the process part of defining particularly harmful ultra process. We've had discussions about that. No need to go into too much detail here. Given that we are the last item of the day.
- John Hewitt
Person
I don't think I'd be very popular if I kept this thing going till 1:30. Not that I'm very popular now, but you know this—so the process around particularly harmful UPF, I think, I think there are some operational questions and concerns that we continue to have, and we'll continue to work on, hopefully. Secondly, the standardization.
- John Hewitt
Person
I think it's important if we're going to have a program like this, that there is a standardization across the entire state, that one school district is applying the same rules and criteria as all school districts across the state.
- John Hewitt
Person
And I think that's picked up and some of our concerns we'd had with Section 10 of the Bill. And then the third, making sure we put appropriate sideboards on the definition of ultra processed food. I think that will help us and this isn't anything new to the author, as well as supporters of the Bill.
- John Hewitt
Person
Narrowing the definition of ultra process down around some clear, identifiable standards I think will help us all get focused on those particularly harmful items, or worst of the worst—not my words, but the words that have been expressed previously before. I think by narrowing that definition we avoid unintended consequences, which all of us want to.
- John Hewitt
Person
There are plenty of healthy foods items that have been designated healthy items that we encourage our kids and our family members to eat more of that are currently falling under the definition UPF.
- John Hewitt
Person
And I think that with those appropriate sideboards, we can narrow this down some of the, you know, one of the definitions that has been pushed out there. You know, even under that, you know, specific requirement, we're still looking at more than 73% of the foods that are purchased in the sample cart.
- John Hewitt
Person
Perfect, I will wrap up. And you said I had till 1:30, but I'm kidding. You know, again, we're grateful for the author's interest in this subject matter and the continued conversation on it. We think that there's some places that we can continue to clean up and move ourselves to the best possible Bill.
- Rosilicie Ochoa Bogh
Legislator
Perfect. Thank you. Do we have any witnesses in opposition to AB 1264 here in Room 2200?
- Julie Malonowski-Baum
Person
Yeah. Julie Malonowski-Baum, on behalf of the American Chemistry Council, in opposition.
- Taylor Triffo
Person
Good afternoon. Taylor Triffo, on behalf of a coalition of agricultural organizations. Unfortunately, we're opposed unless amended. So, it's not reflected in the analysis. We represent fresh and dried fruits, bags of lettuce, milk, dairy products, and naturally minimized process—minimally processed products—like tree nuts.
- Julie Malonowski-Baum
Person
We've been working with the author and their staff to ensure that healthy California grown products aren't unintentionally included in the way the language is phrased, and we'll continue to do so. Thank you.
- Tricia Garanjara
Person
Tricia Garanjara, Agricultural Council of California. And we are also opposed unless amended, so not reflected in the analysis. We represent farmers and farmer-owned businesses all throughout the state. We've had productive ongoing conversations with the Bill author, and we will continue to do that and undertake those in order to address our outstanding concerns. Thanks.
- Katie Davey
Person
Good afternoon. Katie Davey with the Dairy Institute of California. We are also opposed unless amended. We represent dairy product manufacturers in California, and we also have been working with the author and his staff and the sponsors to address Dairy's concerns with the Bill and we're appreciative of those conversations. Thank you.
- Margie Lee
Person
Margie Lee, Sampson Advisors, here on behalf of the California League of Food Producers. Landing our comments with our other ag colleagues. Thank you.
- Jasmine Vi
Person
Good afternoon. Jasmine Vi, on behalf of Civil Justice Association of California, in respectful opposition. Thank you.
- Melissa Kosachuk
Person
Chair and Members, good afternoon. Melissa Kosachuk, on behalf of Western Growers, and we are opposed unless amended. Echoing some of the comments heard from our other ag folks as well. Thank you.
- Isabella Quinones
Person
Isabella Quinones with the California Farm Bureau. We are also opposed to this Bill unless amended. Thank you so much.
- Sarah Bridges
Person
Sarah Bridges, on behalf of the California Manufacturers and Technology Association, and we are opposed.
- Dennis Albiani
Person
Dennis Albiani, on behalf of several agricultural entities such as the Pear Growers, Seed Growers, Pacific Egg and Poultry Association, as well as American Beverage Association. We oppose. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Okay, I think we've done all of our witnesses in opposition. We're going to bring it back to the dais. Questions? Comments? Look at Senator Laird. Caught him off guard. Senator Choi.
- Steven Choi
Legislator
Thank you, Chair. I think this is a very important issue that we all agree that children, particularly—health issue is very important to everyone. Even though I see about half and half support group and opposition group. But mostly, I think the issue is being focused on the definition of particularly harmful ultra processed food.
- Steven Choi
Legislator
So, with the technology evolving nowadays, all kinds of additives and even humanly made food such as manmade meat, manmade all kinds of things are being researched and produced. But when they are produced, are they all—we can define them as all they are processed.
- Steven Choi
Legislator
This Bill says not all processed food will be prohibited at the lunchtime for children, but it's harmful ultra processed food so far because the author—I had extensive conversation in my office before he left yesterday. So, I know the focus. The main question by the public and also opposition group is what do you define?
- Steven Choi
Legislator
How do you define the harmful ultra process? So, between then and now, among the supporters, have you defined—or if you can clarify for the public? I think that is very helpful for us how to vote because I'm in between right now. That's my first question.
- Steven Choi
Legislator
Number two is that this Bill says as of July 1st, 2035, bans public schools from selling, providing through the lunch program, any item that meets the definition of particularly ultra processed food. Why does it have to be only public schools? Private school children are children that we all care, and they need to be protected.
- Steven Choi
Legislator
Can we simply say all school lunches or even dinners, sometimes dinners are served during the summer breaks, etc. So, these two areas, if you can explain or clarify, I would appreciate it.
- Scott Faber
Person
Thank you, Senator, for the question. To try to answer your first question, I understand some of the concerns you've raised is whether a country has banned an ingredient and to what extent a OEHA should consider that country's determination that an additive might be harmful. And of course, some countries have extraordinary capacity to make those judgments.
- Scott Faber
Person
Many of our trading partners have many toxicologists who are well trained to determine whether an additive has been linked to cancer or reproductive harm, other harms. But not all countries do.
- Scott Faber
Person
And my understanding is that the author has proposed some changes that make clear that to the extent that OEHA is deciding whether an ingredient is particularly harmful, that OEHA will be instructed to look to the science underlying other countries determinations about, about that particular chemical and whether that determination is really grounded in sound science.
- Scott Faber
Person
So, I think that's the first issue. The second I'll just—related issue—is I think we all are hopeful that the FDA will help identify and restrict or even ban some of these harmful additives. But as of today, it's still the case that 99% of new chemicals are entering commerce without being reviewed by the FDA.
- Scott Faber
Person
They're being reviewed for safety by the chemical companies that make them. And the vast majority of the thousands of chemicals that we're already eating have either never been reviewed by the FDA or haven't been reviewed in some cases for 50 or 60 years, long before modern toxicology could tell us whether they were harmful or not.
- Scott Faber
Person
So, that's why it's so important for a OEHA to have very clear direction to assess whether these additives are making a food which is particularly harmful, whether it's not just high in fat and saturated fat and added sugars and sodium, but also whether it has ingredients that are particularly harmful to our kids, or that make these foods so hyper palatable that they're not simply delicious, but that they're irresistible, that you can't stop eating them because they're of the way they change the signaling that goes on in our kids brains.
- Scott Faber
Person
And I think the other point, I think, is a great question. I'm not an expert on California education law; I'm an expert on other aspects of this issue. But my understanding, and others can correct me, is that your jurisdiction, does it extend to private schools and what gets served in private schools or should?
- Scott Faber
Person
It feels like another question that I'm not qualified to answer, but it's an interesting one.
- Steven Choi
Legislator
Yeah, I know children right now—among children's health issues, something that we never have seen before and their behavior and also, children's diabetes and hypertension and obesity, things like that. So, these are not the issues I asked author. If those ultra processed food items are bad for children, should be bad for me too—old guy.
- Steven Choi
Legislator
You know, I eat ultra processed food, and I get cancer or, you know, obesity, or something else. So, it can be done. All adults can make their own decisions. But I think that is maybe right.
- Steven Choi
Legislator
But to me, when my family, my wife tells me don't eat, my children even tells me don't eat the process highly processed food because, "What do you eat in Sacramento?" Oh, whatever I can get hold of. But when there's a food, I'm sure that's already made ready to eat, but in the ingredients, what kinds of ingredients.
- Steven Choi
Legislator
Whether certain ingredients are highly processed or not, I don't know. And then I will eat it. But that's all population health issue that can cause diabetes or any other cancer, any harmful effects.
- Steven Choi
Legislator
So, if that's already defined, what is a bad harmful processed, highly ultra processed foods items are, that should be banned from all foods for private students or adults, seniors, doesn't matter. Not just public school students.
- Scott Faber
Person
I think, and I know Nora has something to add to this., but the important distinction here is that when our kids are at school, we're not there to provide them some guidance about what to choose.
- Scott Faber
Person
When you walk to the vending machine at the end of the hallway here, you're an adult, you can make a good choice or occasionally make a not so good choice. And so, but schools are special places and that's why we—California—has led the nation in setting standards for what can be sold in California schools.
- Scott Faber
Person
The other point I just want to make is just to John's point is that we're working very closely with our friends in CBA and with agriculture to make clear that foods that are raw agricultural products or minimally processed should not be swept up in the definition of ultra processed foods.
- Scott Faber
Person
And CBA and others have made some really good suggestions to narrow and sharpen the definition around what is an ultra processed food so that we're following the science, which is significant, but we're also coming up with a definition that makes sense for farmers, manufacturers, and ultimately, for our kids, because that's why we're all here.
- Rosilicie Ochoa Bogh
Legislator
Actually, we're kind of running short on time and I want to give Senator Laird an opportunity to speak as well. So, hold that thought and hopefully it might be relatable to his question as well.
- John Laird
Legislator
Oh, I wish it was. And I apologize for being gone for the first part of this debate. And I'm supposed to be in rules in five minutes, but I know that we're—we still have to add, and we have to finish this.
- John Laird
Legislator
I just would make a global statement because I read everything, I talked to the author, I know I talked to a few other people. I think there still might be some work that needs to be done.
- John Laird
Legislator
But this is very important issue and it's been taken on in a very important way and it's framed to be able to address it correctly and hopefully be able to continue to address some of the real life concerns of people that, that interact with it.
- John Laird
Legislator
So, I will be prepared to support it today and given who's here, I might even have to move it, but.
- Rosilicie Ochoa Bogh
Legislator
You don't have to because I mean—oh, actually, yeah, you might.
- John Laird
Legislator
Yeah. So, I will move this at the appropriate time and appreciate all the work that's gone into it.
- Steven Choi
Legislator
At all my concerns. I know despite all the questions undefined at this moment, but I think the intent of the Bill is good. Let's provide our kids with healthy food as much as possible, that we identify harmful, so-called harmful define food in there.
- Steven Choi
Legislator
So, as we go along, I'm sure this will be—as this Bill is implement, policies implemented, I'm sure what kind of difficulties are facing and I think it may take some time, year or two, to define how do you classify something added to the Orange Juice is highly processed.
- Steven Choi
Legislator
So, I think it will settle down despite the problems, unknown issues in this Bill. So, for that reason, rather than abstaining, I'm going to let it go through the process and support it. Thank you.
- Christopher Cabaldon
Legislator
Thank you. Thank you, Madam Chair—and Madam Chair. And I also want to thank the author. I know a lot of work has gone into this and I've met with him extensively about it. I represent a largely agricultural district, and I appreciate the direction the Bill is going.
- Christopher Cabaldon
Legislator
I've had some concerns about the ultra processed definition and what this really means. Greek yogurt is processed a little bit more than regular yogurt. But if you're not adding anything, it's not—it's actually, it's still healthier, right? The processing itself is not the issue.
- Christopher Cabaldon
Legislator
But I appreciate that this Bill is focused on the formulation and on additives, as opposed to processing. So, it's a bit of a misnomer in some sense that it's not really about ultra processing. It's about what's in the food, which personally I think is the right, is the right approach. But it can be confusing in that regard.
- Christopher Cabaldon
Legislator
And so, this Bill I think is taking—trying to take—an appropriate stance on how to grapple with additives and other things. It can be dicey.
- Christopher Cabaldon
Legislator
And so, I know that, you know, we've worked together to try to make sure that an apple, even with wax on it, norm—the normal wax—that we've all been eating for decades, is still healthier than other things that might be, that might be—that don't have wax, but are, but are also processed.
- Christopher Cabaldon
Legislator
It's still, it's still healthier. We still want to encourage folks to eat whole foods and healthy pistachios and drink milk, and we want them to do these things that are healthier and not cast such a wide net that we're leaving both students, but also school district, with no options.
- Christopher Cabaldon
Legislator
And so, for me, the sweet spot here, as both the educator and as a representative agricultural district, is a policy that encourages more consumption of locally grown California foods. That's what we should be trying to get to, right as it comes out of the ground. Maybe you need a little wax. Sometimes you do need an emulsifier.
- Christopher Cabaldon
Legislator
The Chair and I both love matcha lattes, but I don't love it when the matcha all goes to the bottom and then at the end, it tastes like I'm eating dirt, right?
- Christopher Cabaldon
Legislator
So, I want it to stay suspended, especially if it has to come on a truck in order to get to my little school district in Yountville or in Winters, right? These are, these are just facts of life, right? It's—not every school is not right next to a farmer's market.
- Christopher Cabaldon
Legislator
And so, the recognition that preparation, transportation, refrigeration, all of those things, are taken care of and that we're not creating food waste because the food is spoiled or because the food doesn't all look wonderful. Like these are things that we know from the regular consumer market that we want to promote the consumption of those—of those healthier foods.
- Christopher Cabaldon
Legislator
And so, getting the Bill exactly right in this way, I appreciate. I don't, I hope amendments were taken or being described. So, I think those are going to be very important.
- Christopher Cabaldon
Legislator
The amendments that have been, have been discussed, to make sure that chocolate milk and apples and all of that are not just like barely let in, but we are celebrating them, as we should, as California bringing the breadbasket of the country. And then, also amendments that really make sure that we're paying attention to the whole science.
- Christopher Cabaldon
Legislator
And when I first heard about the Bill, having been a former professor, I went on Google Scholar and tried to read every single ultra processed food study in the entire planet. And I did, and they're all over the map. And there are studies that are concerning.
- Christopher Cabaldon
Legislator
And then there, you know, there's three studies in Belgium that say this, and I'm like, oh, my gosh. And then there's six studies out of the Netherlands right next door that are like, actually, no.
- Christopher Cabaldon
Legislator
And part of, part of navigating the science isn't just, is there a study that points to a problem, but what is the totality of scientific evidence? What is it saying right at this moment? And it will change next week when another 10 studies come out.
- Christopher Cabaldon
Legislator
And so, as we give guidance and a framework to the scientists that we're asking to do the work in the Bill, that we're not saying if the City of Santa Monica or Santa Cruz or Davis has adopted an ordinance, that's not the same as the EU.
- Christopher Cabaldon
Legislator
And so, we should respect sort of our peers in the regulatory world. The EU is a great—the EU is the classic example. They are at least as good as us in assessing these issues. And so, if they take an action, we should pay close attention to it.
- Christopher Cabaldon
Legislator
If the country of Benin or the town of Capitola does, maybe a little less, a little, we pay attention maybe a little less. So, in terms of giving it the, you know, the, the heft of all the science and so getting that, that part right, so that we are so—because I don't, I definitely don't want to be a Senator who every year is going to be voting on this food dye and that emulsifier. Like, I am not qualified to do that.
- Christopher Cabaldon
Legislator
It's instead about how do we, how do we, how do we design state government and our capacity in this Bill correctly to navigate and to weigh and assess the science in a thoughtful, a deliberative way, that is going to, in an evolutionary way, get us better, healthier and healthier and healthier young people in our food?
- Christopher Cabaldon
Legislator
So, I'm supportive of the Bill moving forward and appreciate the extensive work of the author and the sponsors on this to get it right. I think it still needs some additional work but looking forward to seeing that work pay off. And I'm intending to vote for the Bill today.
- Rosilicie Ochoa Bogh
Legislator
Perfect. Thank you, Senator Cabaldon. And with that, let me just clarify that this Bill—I'm speaking to the author, Member Gabriel, who's not here—his focus is to ensure that this Bill applies to the school foods. That is the commitment.
- Rosilicie Ochoa Bogh
Legislator
He also has committed to continuing work with the stakeholders to address the issues, especially with our farmers in the State of California. I want to echo the comments that all of my colleagues made—that they were excellent.
- Rosilicie Ochoa Bogh
Legislator
I'm going to support the Bill today because I know that the work is going to continue and I'm very excited as someone who is very focused on those, on nutrition for my children, and read everything I could as a parent to ensure the ultimate environment.
- Rosilicie Ochoa Bogh
Legislator
I think it's a good move, especially when the state is actually investing in ensuring that we have—and providing meals in the school. It is our responsibility to ensure we have the best foods available to those children. It is our duty. With that, Madam Chair, would you like to close?
- Sasha Perez
Legislator
Yeah. I wasn't anticipating so much discussion on this, but, you know, really happy to be presenting AB 1264 on behalf of Assemblymember Gabriel. I am a co-author of this Bill, and I know that the author has been very committed to working with the opposition, particularly around some of the issues that were raised around definitions.
- Sasha Perez
Legislator
I do think his approach in focusing on the additives piece has been very focused, and I know that he's also very mindful that there's still some work to do here.
- Sasha Perez
Legislator
I think a lot of the concerns that were raised are things that I anticipate are going to be addressed as he heads to the EQ Environmental Quality Committee, because that is more in their jurisdiction and will be important conversations to have there.
- Sasha Perez
Legislator
You know, part of the reason I think that 1264 is needed is, actually for what Senator Cabaldon had just mentioned, if you remember, just a couple of years ago, Assemblymember Gabriel introduced a Bill around regulating food dyes. Red dye 40, you know, was included in there.
- Sasha Perez
Legislator
And you know, this is taking an approach that's much more holistic to actually make an assessment. You know, have OEHA, which is, you know, one of our state agencies and their scientists actually look into this issue to make determinations rather than us piecemeal trying to create regulations around these different additives and food dyes.
- Sasha Perez
Legislator
So, I think that this is the right approach and one that focuses on and centers, you know, science, so that we do have folks that are deep in this research to be making those recommendations. And frankly, what do we know?
- Sasha Perez
Legislator
A lot of our ultra processed field foods are oftentimes consumed mostly by black and brown children and children in poorer neighborhoods. They're the ones that have the least access to some of those healthy and fresh foods that we so badly want to ensure that our young people are eating.
- Sasha Perez
Legislator
And so, making sure we're promoting that through our school systems, that we're educating young people about it, I think is a righteous effort and also the least that we can do to put them on the right track to a healthy diet and to living healthy lives. So, that's it, and respectfully ask your aye vote. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Okay, we'll keep that on call for absent Members. Thank you very much. Have a great day.
- Sasha Perez
Legislator
Let's lift calls. I know everyone was chatty, so let's go through.
- Sasha Perez
Legislator
Oh, is that not that fails? Yeah, that Bill fails. Okay. That Bill fails. 3-2 and yeah, we'll. We'll grant reconsideration.
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